2009-1232009-123
Resolution Authorizing Commencement of Litigation Against Delinquent Out of Area
Sewer Users
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 23,
2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers
ABSENT:
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger provides municipal sewer service to a parcel of
real property located in the Village of Wappingers Falls, Town of Wappinger, County of
Dutchess, State of New York, designated as 29-31 Marshall Road, further identified as tax map
parcel 135601-6158-19-688002, and said parcel is owned by Hollowbrook of Dutchess, LLC;
and
WHEREAS, the Town of Wappinger provides municipal sewer service to a parcel of
real property located in the Village of Wappingers Falls, Town of Wappinger, County of
Dutchess, State of New York, designated as 11 Marshall Road, further identified as tax map
parcel 135601-6157-07-709968, and said parcel is owned by Hollowbrook Associates; and
WHEREAS, said properties are located outside the Sewer Improvement Area by which
they are served; and
WHEREAS, the Town of Wappinger has demanded payment for municipal sewer
service provided to the parcels and such demand has been refused; and
WHEREAS, the owners of the properties are justly indebted to the Town of Wappinger
for the municipal sewer service provided to the properties.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts,
Esq., to commence and prosecute to its conclusion an action for the collection of
the sewer rents and charges due against the owners of the properties, currently
ascertained to be Hollowbrook of Dutchess, LLC and Hollowbrook Associates, in
Supreme Court Dutchess County, or such other Court of competent jurisdiction.
3. Supervisor Christopher Colsey is hereby authorized to execute on behalf of the
Town any documents necessary for the commencement of said lawsuit.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
3/23/2009
The Resolution is hereby duly declared adopted.
41AHN—C. NYASTERSON, TOWN CLERK
TOWN OF WAPPINGER
SUPERVISOR
CHRISTOPHER J. COLSEY
To: Town Board
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845)297-2744
FAX: (845) 297-4558
From: Christopher Colsey, Supervisor
Date: January 20, 2009
Subject: Hollowbrook 1 & II
Sewer Billing Issue
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
An issue of billing for Town sewer was brought to my attention on January 13 in respect
to Hollowbrook I & II, which houses the HV Credit Union, Dutchess South and the
DMV, among others.
In summary, the Town updated the sewer pump station in 2004 consistent with
improvements for Hannaford, formerly under the jurisdiction of the Village. For reasons
not completely verified at this time, the Village discontinued their billing of
Hollowbrook. At the same time, increased revenues were being collected for Hannaford,
which masked the appearance of a loss at the site.
This matter was to be presented at the January 15 and 20 meeting of the Sewer & Water
Committee, but both were canceled.
We have already initiated the process to collect our past due revenues, gain a sewer
agreement and correct the matter for future collection. As of this writing, we have gained
the records from the Village of Wappingers Falls, which suggest a recovery of
approximately $39,000 based on the Village's methodology of calculating utility charges.
As we progress on the matter, I will advise accordingly.
Town of Wappinger
Jan, 20, 2009 8:58AM No, 6709 P, 1
I -am
POLLUTION CONTROL, INC.
Operation of Water and Wastewater Treatment Systems
1610 ROUTE 376
WAPPINGERS FALLS, NY 12590
(846)463.7310
Fa%(845)493-7306
)4—E—M-0—R—A—N—D—U-M
TO: Supervisor Christopher Colsey
Town of Wappinger
FROM: Michael P. Tremper, Vice President P"
CAMO Pollution Control, Inc.
DATE: January 19, 2009
RF: Hollowbrook Sewer Bill
Per our staff meeting of January 13, 2009, CAMO Pollution Control, Inc. has reviewed
the water meter readings for Hollowbrook dating back to February 2005, I Tnet with Marie
White, the Village of Wappingers Falls Water and Sewer Department billing person, who
computed the bill as if Hollowbrook was a Village customer. The amount is $39,102.00. 1 have
attached the breakdown.
If you have further questions, please contact me at (845) 463-7310.
cc: Debbie Brown, Town Water & Sewer Billing Department
Robert Gray, Town Engineer, Morris Associates
MPTA 1947
'1'lAfu iicipal
HOLLOWBROOK PARK
ACCOUNT 8'SAMOUNT
1875
OF CONSUMPTIONIWATER/SEWR BILLING
DATE
C.F.
WATER
SEWER
C.F.
1676
14 UNITS
WATER
SEWER
C.F
FE8'05
9503
$1,092
$546.00
7419
8 UNITS
MAY'05
8430
1167
583
8362
$660
$33Q
515,528
AUG '05
10,738
1224
612
9473
745
773
373
12911
NOV'05
965$
1197
599
5566
675
386
8655
FEB'05
14487
1168
584
2362
591
330
5493
M AY'06
6652
1066
533
2590
594
295
7192
AUG'06
5524
1052
842
8951
676.
297
7265
NOV'O6
9885
1149
887
5309
5
X41
6533
FEB'07
2982
1019
815
4965
514
6197
MAY'07
AUG'07
6667
1067
853
5703
.625
634
500
507
5512
NOV '07
11557
16008
42A4
1307
995
481
679
567
5610
5963
FEB'08
15733
1303
1046
1042
5519
5`13
8625
MAY'08
13617
9273
1019
5519
695
556
5200
AUG '08
4310
1367
1094
14908
695
556
4296
NOV '08
3699
1357
1065
"10214
994
795
4616
FEB'09
3199
1348
1079
0
914
731
4616
739
591
6516
TOTALS
$20,360
$14,214.00
$12,040
$8,420
"OVERESTIMATE €} -NO CHARGE
FOR USAGE -0,9
Sewer
FEB
$14,214
8,420
3316
13,152
Q
total
$39,102
WATER
2 UNITS
$452
439
332
243
272
274
255
247
230
232
265
339
244
219
321
274
260
$4,898
SEWER C.F
$226
2'19
166
122
136
137
204
198
184
186
212
272
195
175
257
.219
208
$3,316
15768
27799
15376
17465
21095
19350
7664
5524
8722
5151
15100
12209
7219
8345
8075
9403
1678
WATER
12UNITS
$1,108
1210
1511
1200
1067
1114
1092
942
912
954
998
1140
1499
1027
1252
1247
1270
SEWER
$554
605
756
600
534
557
874
754
730
763
798
912
1179
822
1041
997
1016
$19,143 $13,152
Froin:8452974705 01/13/2009 12:09 #227 P.002/003
BUILDING INSPECTOR
GEORGE A. KOLS JR.
DEPUTY BUILDING INSPECTOR
SALVATORE MORELLO III
s/9/aa.
TOWN OF WAPPINGER
BUILDING DEPARTMENT
20 MIDDLEBUBH ROAD
WAPPIIYGERS FALLS, NY 12590-0324
(046) 2s7 -62s
FAX: (846) 297-4658
To. Village of Wappingers Water Dept.
Re: Sewer tine connection.
Wappinger Plaza
Dear Mr. Travis,
SUPERVISOR
JOSEPH RUWiERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCAATHIY
JOSEPH R PAOLMII
ROBERT L. VALDATI
This letter is to inform the ViDage of the completion of the new sewer line inlstallaiaon for
the Wappinger Plaza.located on R.t. 9 in the Town of Wappinger. This line has been
completed and inspected by the Town for completion.
Currently the Hollowbrook-plaza is to be connected in the near future and any adjusting
by the Village should be addressed for water u$age. for. Wappinger pjaza.
Please inf= all effected agenzies of t}is age in sewer and contsets of all Village
officials.
Thank you for your cooperation in this matter. Please call this office or contact the
Town Engineer with any questions.
Thank you.
George A. Kolb jr.
Building Inspector C.E.O.
Cc.Highway Superintendent
Mayor Lawrence/Village Trustees
From:8452974705 01/13/2009 12 09 #227 P.003/003
PAGGI,MARTTN &.DEL)RENE rxP
GansulliNg Eaganeers fd ,land S,rvey,,
56 Main Stmt
Poughkeepo* New York 12601
845-471-7848
845-471-0905 (FAX)
August 4, 2004
Vergilis, Stenger, Roberts, Pergament & Viglotti
1136 Route 9
Wappingers Fags, New York 12590
Attention: Albert P. Roberts, Esq.
Reference: Wappinger Plaza/Phase 3A
Dear Al:
I am In receipt of your August r, 2004 letter. You are correct in that both the
capital assessments and operation and Maintenance charges will be paid to the
Town.
Hollowbrook at this point needs to be connected to the Town, and operation and
maintenance charges *11 need to be applied. I do not believe there will be a
problem with the billing in that Hollowbrook and Wappinger Plaza will just be billed
their water bills. I have asked George Kolb to send some type of correspondence to
the Village, advising the Village that they are now hooked up to the Town,.
I also agree with you that possibly a meeting with Mayor Lawrence and Attorney
Viglotti would be appropriate.
Any questions, please call.
Very truly yours,
-C�
eph E. Paggi, Jr.*P)
JEP:law
cc Hon. Joseph Ruggiero
George Kolb
Joseph E. Paggi, Jr., P.E. Ernst Mutin, Jr., P.E., L.S
C'hules R Ad Heng f r, P.E.
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
ATTORNEYS AND COUNSELORS AT LAW
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT R ROBERTS
THOMAS R. DAVIS
JOAN F. GARRETT**
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFA/..10***
JAMES P HORAN***
LISA M. COBB
*ADMITTED TO FRAC TICS
IN NY & FLA.
—ADMITTED TO PRATI Il t
IN NY & CONN.
ADMITTED TO PRACTICE
IN NY & NJ
February 13, 2009
1136 ROUTE 9
WAPPINGERS FALLS. NEW YORK 12590
(845)298-2000
FAX (845) 298-2842
ww w. tSrp.Com
e-mail: info!a`vsrp.corn
Via Certified Mail, Return Receipt & First Class Mail
Hollowbrook Associates
11 Marshall Road, Suite 1 P
Wappingers Falls, New York 12590
Attention: Harold Glassberg
Re: Water/Sewer Billing for Hollowbrook
Dear Harold:
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DEC.ARLO
MARIA L. JONES
SANDRA A. OAKLEY
CLOSING COORDINATOR:
SUSAN E. CAFFINE
POUGHKEEPSIE OFFICE
276 MAIN MALL.
POUGHKEEPSIE, NY 12601
(845)452-1046
NEWBURGH OFFICE
299 N. PLANK ROAD, SUITE 106
NFWBURGH, NY 12550
(845) 567-3783
SuPeRfisnorn,ffice
FEB 17 2009
Received
Enclosed herewith please find bills for water/sewer for fiscal year January 1, 2009 through
December 31, 2009. The rate for sewer service was determined by utilizing the Village of
Wappingers Falls rate. It is my understanding that the Town will waive late fees if these bills are
promptly paid.
I will be out of town Monday and Tuesday of next week but I will be available Wednesday
through Friday. Please call so that we can discuss and resolve payment terms.
Very truly yours,
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
ALBERT P. ROBERTS
APR/so
Enclosures
cc: Water and Sewer Committee
Hon. Christopher J. Colsey, Supervisor
Town Board
O:AWappinper"Io�en Board',I-General IB'210091,011SU9 letter to iioliuwbrooi A,suciates ie Hater-,cwu bills.d��
DICTATED BUT NUT PROOF READ 13Y APR.