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1969-04-21 SPMWAIVER OF NOTICE OF SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK 3 53 The undersigned, being all of the members of the Town Board of the Town of Wappinger, Dutchess County, New York, do hereby waive notice of the time and place of the holding of a Special Meeting of said Town Board, and do hereby agree and consent that the same be held on the 21st day of April, 1969, at 7:00 o'clock in the afternoon of that day at the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York for the transaction of all business which may properly come before the meeting or any adjournment thereof. Supervisor (110( :IAA Councilman Due and timely notice of the above mentio is hereby admitted. nCkw Town Clerk Town of Wappinger ed meeting A Special Meeting of the Town Board of the Town of Wappinger was held on April 21, 1969. All the Board being present and having signed the above waiver, each for himself. g Supervisor Diehl opened the meeting at 7:20 P.M. Others Present: Joseph Ludewig, Building Inspector Rudolph Lapar, Engineer to the Town Mr. Ludewig gave the Board a brief synopsis of discussions with the developers involved in the Rockingham Farms Sewer District, Attorney to the Town and Engineer. Mr. Clausen felt the Town should be stricter with regard to issuing building permits and seeing that the work'is done properly first. Mr. Diehl reported to the Board that he had received a letter from the Dutchess County Department of Health, relative to a condition existing in the Rockingham Farms Sewer District, as follows: April 2, 1969 Mr. Louis Diehl, Supervisor Town Offices Wappingers Falls, N.Y. 12590 Dear Sir: I have been advised by my engineers that because of excessive infiltration of ground and/or surface waters into the sewage collection system for the Rockingham Farms Sewer District, the effluent being discharged from the wastewater treatment facility for this district is causing a public health nuisance and hazard, a contravention of the official classifications and standards for surface waters, a violation of the Public Health Law and a viola- tion of the permit issued to the Rockingham Farms Sewer District by the New York State Department of Health on May 11, 1966. You are hereby directed to initiate immediate corrective action to eliminate the public health nuisance and hazard. Furthermore, you are directed to effect cessation of the issuance of building permits for any construction in the Rockingham Farms Sewer District. Please be advised that consideration for rescinding this directive will be taken into advisement when the following have been consumma- ted: 1) An engineer or engineering firm has been appointed by the Town Board of the Town of Wappinger for the Rocking- ham Farms Sewer District to assume full responsibility to initiate, supervise and inspect all corrective measures deemed necessary to eliminate the infiltration problems. 2) A definite plan of action has been formulated and activated by the engineer appointed for the district. 3) An agreement has been consummated by the Town Board, as administrators, for the district and the four existing developers, whereby all necessary field work will be completed. Very truly yours, s/ Arthur J. Robbins, M.D. Deputy Health Commissioner 3 53 In order to comply with the conditions of this directive, MR. DIEHL moved that the firm of Milton Chazen Associates be appointed as Engineers to the Rockingham Farms Sewer District, and that said firm will assume full responsibility to initiate, supervise and inspect all corrective measures deemed necessary to eliminate the infiltration problem. And he further moved, that a letter, dated April 18, 1969, written by the Building Inspector, Joseph E. Ludewig, which outlines the conditions which the developers active in the Rockingham Farms Sewer District will have to agree to in order to again receive building permits be approved by this Board, said letter is as follows: Dutchess Heights, Inc. Tor Road Wappingers Falls, New York 12590 Attention: Mr. Charles M. Alpert Dear Mr. Alpert: The Town of Wappinger will again issue Building Permits in the Rockingham Farms Sewer District, provided you agree, by letter to the Building Inspector, Joseph E. Ludewig, to do the following with relation to sewer lines connected to the Rockingham Farms Sewage Treatment Plant. 1. Have T.V. Camera inspection of all sewer lines, and inspection of all manholes servicing your subdivision, at your expense. 2. Make all repairs under the supervision of, and to the satisfaction of, the District Engineer. 3. Accompany agreement with a certified check. for $1,000.00 payable to the Town, for the anticipated payment of engineering fees. Any money not expended will be returned to the Developer. 4. All work shall be completed by July 1, 1969. 5.. Itis understood that each Developer assumes the respon- sibility for all costs incurred in his own subdivision only. 6. It is also understood that upon recommendation of the District Engineer, the lines_will be accepted by the District. Yours very truly, s/ Joseph E. Ludewig CC: Wappinger Town Board Mr. Jack Hill-Dutchess County Dept. of Health M. Chazen Associates Allan E. Rappleyea, Attorney to the Town (Identical copies of above letter sent to: Schoonmaker Bros, Inc, YOA Properties, Inc. Edgehill Manor Inc.) Seconded by: Mr. Heady Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Aye Councilman Heady Ave Councilman Mills Ave The Board agreed that upon the receipt of a one thousand dollar certified check from any of the four developers involved, the Building Inspector may again issue building permits to that devel- oper. Mr. Diehl also stated that the Milton Chazen firm will be instructed to keep separate records for the time spent in each development, and the developer will be charged only for the engineering fees incurred in his own project. (copy of this action to be forwarded to Milton Chazen Associates.) The following resolution was offered by COUNCILMAN FINNAN, who moved its adoption: WHEREAS, the Town of Wappinger is undertaking construction of Storm Drainage Facilities within the town and has duly held public bidding on the construction contract and WHEREAS, Dave Alexander Inc. is the successful bidder, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized and directed to execute attached contract between the Town of Wappinger and Dave Alexander, Inc. and BE IT FURTHER RESOLVED, that the bidding bonds or certified check of John Arborio, Inc., Chief Construction Corp., and Fred Lafko, be returned to said parties upon the execution of the aforementioned contract between the Town of Wappinger and Dave Alexander, Inc., and BE IT FURTHER RESOLVED, that the Town Clerk accept for filing the construction bond of Dave Alexander in the sum of $242,699,75 to guarantee the faithful performance of such contract and, BE IT FURTHER RESOLVED, that said bond be in such form as the Attorney to the Town, Allan Rappleyea shall have approved prior to its filing and that said work on said contract shall not commence until said bond is approved and filed. Seconded by: Councilman Mills Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Heady Aye Councilman Mills Aye Carried: April 21, 1969 3 57 The following Resolution was offered by COUNCILMAN FINNAN, who moved its adoption: WHEREAS, the Town of Wappinger is undertaking a'•project for the construction of Storm Drainage Facilities in the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED, THAT THE Supervisor is hereby authorized and directed to execute attached contract between the Town of Wappinger and Rudolph E. Lapar, Engineer. Seconded by: Councilman Clausen Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Aye Councilman Heady Ave Councilman Mills Ave Carried: April 21, 1969 MR. HEADY moved to direct a letter to Mr. Quinn and request positive action by April 28, on the North Wappinger Sewer Improvement appli- cation. Seconded by Mr. Mills. Motion Unanimously Carried MR. CLAUSEN moved the fee charged on the Ambulance bills be increased from $15 a trip to $35 per trip, subject to approval of the Attorney to the Town. Seconded by Mr. Heady. Motion Unanimously Carried Mr. Mills mentioned receipt of cost estimates from the Recreation Commission and stated that he had instructed the Deputy Town Clerk to write to the Recreation Commission telling them not to spend $16 per yeAO for clay soil. MR. MILLS moved to specifically tell the Recreation Commission: 1. That they don't buy anthing unless it has been bid for on anything over $500. 2. Forbid them to spend $16 per yard for clay soil or any top soil. Seconded by Mr. Heady. Motion Unanimously Carried MR. HEADY moved the meeting be adjourned, seconded by Mr. Mills and unanimously carried. Meeting adjourned at 8:00 P.M. Elaine H. Snowden Town Clerk