2002-05-13 RGMSUPERVISOR
JOSEPH RUGGIERO
TOWN OF WAPPINGER
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845)297-2744
FAX: (845) 297-4558
MEMORANDUM
To: Town Board Members
Town Clerk
Town Attorney
Town Engineer
From: Joseph Ruggiero, Supervisor
Date: May 8, 2002
Re: Town Board Workshop Agenda
Agenda
Monday, May 13, 2002 7:30pm
7:00 PM Interview with Ken Brown (Board of Assessment Review)
7:30 PM Public Hearing Setting of the Rate for (Phase 3A)
Town Board Workshop:
Resolutions:
♦ 2002-161 Set Sewer Rentals for Phase 3A
♦ 2002-153 Community Center/Justice Court Facility
♦ 2002-162 Authorize Robinson Lane Park Lights
♦ 2002-151 Set Public Hearing for Performance Motors
Discussions: Joint session of Town and Village Board
♦ Route 9 Corridor Project & Beautification
♦ Joint Landfill Update
♦ Library Legislation
♦ Dorothy Heights & Pine Hill Water & Sewer Tie in
♦ Cable Franchise
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
05/13/2002.WS
The Workshop Meeting of the Town of Wappinger was held on May 13, 2002
at the town hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Ruggiero opened the meeting at 7:59 p.m.
Present:
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Paoloni, Councilman
Christopher Colsey, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
Dan Wery, Town Planner
Mike Tremper, CAMO Pollution
Absent:
Vincent Bettina, Councilman
RESOLUTION NO. 161- 2002
RESOLUTION ESTABLISHING AND IMPOSING SEWER RENTS
FOR WAPPINGER SEWER TRANSMISSION/ TREATMENT
IMPROVEMENT AREA PHASE 3A
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Colsey.
WHEREAS, a Resolution was adopted on April 8, 2002 authorizing the Town
Board to hold a Public Hearing on the establishment of operation and
maintenance charges (hereinafter "Sewer Rents") for those property owners
who connect to the sewer system authorized by the Wappinger Sewer
Transmission/ Treatment Improvement Area Phase 3A (hereinafter "Tri -M
3A"); and
WHEREAS, a Public Hearing was held on the 13th day of May, 2002 at 7:30
p.m. at the Town Hall located at 20 Middlebush Road, Wappingers Falls,
New York; and
WHEREAS, all property owners within Tri -M 3A were sent notices of the
Public Hearing; and
WHEREAS, at the aforementioned Public Hearing, members of the public
had an opportunity to voice their opinions regarding the imposition of Sewer
Rents in reference to the
Tri -M 3A; and
WHEREAS, Town Law Section 209-q (12-a) permits a Town Board to
establish Sewer Rents as prescribed in Town Law Section 198 (1)(1); and
WHEREAS, Town Law Section 198 (1)(1) provides for Sewer Rents to be
established pursuant to Article 14-F of the General Municipal Law; and
1
05/13/2002.WS
WHEREAS, Article 14-F of the General Municipal Law authorizes Sewer
Rents to be established by Resolution of the Town Board; and
WHEREAS, the Town Board wishes to establish and impose Sewer Rents for
the properties that are located within the Tri -M 3A; and
WHEREAS, the formula for establishing Sewer Rent charges is set forth in
the Map, Plan and Report prepared in September, 1998 and the Report
prepared on March 12, 2002 by the Engineers to the Town of Wappinger,
Paggi, Martin & Del Bene, on behalf of the Town Board; and
WHEREAS, Benefit Units are assigned to all properties within Tri -M 3A and
are generally defined as the method by which the total cost of the Tri -M 3A
project is shared by and allocated to the properties benefited thereby; and
WHEREAS, the formula for allocating Benefit Units is set forth in the
Application to Audit and Control for the authorization to establish Tri -M 3A,
and are generally assigned as follows:
Single family dwelling (including
condo unit, apartment, etc.) and lot = 1.00 Benefit Unit
not to exceed 2 acres
Vacant lot less than 2 acres = 0.8 Benefit Units
Additional vacant land over = 0.2 Benefit Units per
2 acres additional acre
Commercial, Industrial, and Institutional Properties will be assigned Benefit
Units Based on the ratio that their assessed valuation Bears to the total
assessed valuation of all Properties within Tri -M 3A.
WHEREAS, Benefit Units are used to apportion both the costs of capital
construction and operation and maintenance charges.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates as findings and
determinations, the recitations and statements set forth above as if fully
set forth and resolved herein.
2. The Town Board hereby establishes and imposes Sewer Rents on all
properties located in the Wappinger Sewer Transmission/ Treatment
Improvement Area Phase 3A that connect to the sewer system as
hereinafter set forth.
3. The Sewer Rents shall be imposed at a rate of $65.00 (sixty-five dollars)
per Benefit Unit per quarter, with the total Sewer Rent for any given
property per quarter determined by multiplying $65.00 (sixty-five dollars)
times the total number of Benefit Units allocated to that property.
4. Sewer Rents shall be billed and collected on a quarterly basis, in arrears,
commencing July 1, 2002 by the Receiver of Taxes for the Town of
Wappinger.
X
05/13/2002.WS
5. The methodology for determining these Sewer Rents as herein before
described is set forth in the Map, Plan and Report dated September, 1998
and the Report dated March 12, 2002 prepared by the Engineers to the
Town of Wappinger, Paggi, Martin & Del Bene, on behalf of the Town
Board, said reports are being incorporated herein by reference and made a
part of this Resolution. The methodology for determining Sewer Rents is
also summarized in the "Summary of Methodology Establishing Tri -
Municipal Phase 3A Sewer Rent", which is attached to this Resolution as
Exhibit "1".
6. The Town Board hereby adopts the methodology described in said Map,
Plan and Reports as the basis for allocating and apportioning the Sewer
Rents (operation and maintenance charges) to those properties within the
Tri -M 3A that connect to the sewer system.
7. A surcharge of ten percent (10%) shall be imposed for Sewer Rents due
and remaining unpaid more than five (5) days after the due date thereof.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
CHRISTOPHER J. COLSEY, Councilman
The Resolution is hereby duly declared adopted.
(see attached sheets)
3
Voting
Aye
Voting
Aye
Voting
Absent
Voting
Aye
Voting
Aye
REVISED 5/13/02
SUMMARY OF METHODOLOGY ESTABLISHING
TRI -MUNICIPAL PHASE 3A SEWER RENTS
The construction costs and the operation and maintenance costs of the Tri -Municipal
Phase 3A Improvement Area must be paid by those properties located within the
Improvement Area.
The construction costs (a/lda "Capital charges") are levied on a yearly basis for all
properties within the Tri -Municipal Phase 3A Improvement Area (Tri -M 3A) and billed
with property taxes.
In contrast, only those properties cormccted to the sewer system will pay the operation
and maintenance costs (a/k/a "Sewer Rents"), which will be billed quarterly by the Town.
This is the first time that Tri -M 3A will be in operation and, accordingly, this is a
projected budget based on flows and other experiences in the Town. It is estimated that
the operation and maintenance costs for the remainder of the calendar year 2002 will be
$112,500.00. This was based on the annual operation and maintenance charges for the
following items:
• Tri -Municipal Sewer Plant 0&M - $150,000.00
• Sewer Trunk Line - $ 50,000.00
• Tri -M 3A Collector Line - $ 25,000.00
TOTAL: $225,000.00 annual 0&M
This results in an estimated quarterly operation and maintenance cost of $56,250.00.
It is further estimated, that properties assigned approximately 900 Benefit Units will be
connected to the system. This will result in a Sewer Rent Rate of $65 per Benefit Unit
per quarter. Sewer Rents will be billed commencing July 1, 2002 in arrears. Again, only
those properties connected to the sewer system will be charged Sewcr Rents.
Benefit units
All properties situated within Tri -M 3A are assigned "Benefit Units", which is the
methodology by which the Capital charges and Sewer Rents are allocated among the
properties.
All properties within Tri -M 3A are identified as one of two classes of properties:
• Residential; or
• Industrial, Commercial and Institutional (ICI).
01WnPPINGGCrIUMUN I\o&mscwcrRcnts\Mctlwlogy011tcnts-sununary.doc
REVISED 5/13/02
Exhibit 1
Residential Bencfit Units:
Benefit Units are assigned to each Residential class property as follows:
Single family dwelling (including
condo unit, apartment, etc.) and lot = 1.00 Benefit Unit
not exceeding 2 acres
Vacant lot less than 2 acres = 0.8 Benefit Units
Additional vacant land over = 0.2 Benefit Units per
2 acres additional acre
In Tri -M 3A, the Residential class properties were assigned a total of 819.19 Benefit
Units.
ICI Benefit Units:
On the premise that the Residential class and the ICI class must each bear their
proportionate share of costs for the project, Benefit Units for Industrial, Commercial and
Institutional (ICI) class properties were then derived by the following calculations:
First, the assessed values of all the properties in each class were totaled.
In Tri -M 3A:
The Total Residential class assessed valuation is: $34,011,400
The Total ICI class assessed valuation is: $23,216,800
The total assessed valuation of
all properties in Tri -M 3A: $57,288,200
Next, each proportionate share was determined by calculating the ratio of the total
assessed valuation of each class (Residential or ICI) to the total assessed valuation of all
properties within Tri -M 3A.
Residential share: Total Residential class assessment = $34,011,400 = .59 (rounded)
Total assessment of all properties $57,288,200
ICI share: Total ICI class assessment = $23,216,800 = .41 (rounded)
Total assessment of all properties $57,288,200
Knowing that the Residential class properties were assigned a total of 819.19 Benefit
Units, and are obligated to pay 59% of the costs, the total number of Benefit Units for
both property classes was derived mathematically as follows:
O:\WAI'I'I NGH\'I'ItI M UN I\O&MScwcrltcnts\McthologyolRcnts-Sununary.doc
REVISED 5/13/02
Total Benefit Units = Total Residential Benefit Units=1,381.15 Total Benefit Units
.59
The total number of ICI Benefit Units was derived by subtracting the Total Residential
Benefit Units from the total number of Benefit Units.
Total Benefit Units - Total Residential Bencfit Units = Total number of ICI Benefit Units
1,381.15 - 819.19 = 569.26
The 569.26 Total ICI Benefit Units were then allocated among the ICI class properties
proportionally in accordance with their tax assessment valuations.
OAWAITINGI:VIlU M UNI\O&MScwcrRcnts\McthologyOtltcnts-Sunurnaiy.doc
05/13/2002.WS
RESOLUTION NO. 153- 2002
RESOLUTION AUTHORIZING A FEASIBILITY STUDY AND DESIGN
OF A BUILDING TO CONTAIN THE TOWN OF WAPPINGER
JUSTICE COURT AND THE TOWN OF WAPPINGER COMMUNITY
RECREATION CENTER
The following Resolution was introduced by COUNCILMAN PAOLONI and
seconded by Councilman Valdati
WHEREAS, the Town Board had previously authorized the construction of a
Community Recreation Center at the Montfort Road Recreational Facility;
and
WHEREAS, engineering studies have determined that it is not feasible to
construct a Community Recreation Center at the Montfort Road Recreational
Facility; and
WHEREAS, the Town Board has determined that the Town of Wappinger
Justice Court requires additional space and improved facilities to comply
with regulations as promulgated by the New York State Office of Court
Administration; and
WHEREAS, the Town Board is desirous of constructing a building which
would house the Town of Wappinger Justice Court facilities as well as the
proposed Community Recreation Center; and
WHEREAS, the Town Board would prefer to have the Justice Court facilities
and Community Recreation Center centralized with other Town government
offices and would prefer to have such a building constructed at the existing
Town Hall site.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby
authorizes the Architect to the Town, Donald Swartz of Cerniglia & Swartz
Architects, Planners and Interior Designers, P.C., and the Engineer to the
Town, Joseph E. Paggi, Jr. of Paggi, Martin & Del Bene, LLP, to conduct an
architectural and engineering feasibility study and to prepare a preliminary
design for a proposed building to house the needs of the Town of Wappinger
Justice Court as well as to provide adequate space for a Community
Recreation Center together with appurtenances and attendant parking
facilities and to determine if said building and facilities can be constructed on
the present Town Hall site.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
4
05/13/2002.WS
RESOLUTION NO. 162 2002
RESOLUTION TO AUTHORIZE THE INSTALLATION OF OUTDOOR
LIGHTING AT THE ROBINSON LANE RECREATION AREA
The following Resolution was introduced by COUNCILMAN PAOLONI and
seconded by Councilman Colsey.
WHEREAS, the Recreation Committee has recommended the installation of
a outdoor lighting at the Robinson Lane Recreation Area; and
WHEREAS, the Town Board wishes to authorize the installation of said
outdoor lighting and to have Fellenzer Engineering, LLP prepare the plans
and specifications for said outdoor lighting and to proceed to public bid
thereon.
NOW, THEREFORE, BE IT RESOLVED, that Fellenzer Engineering,
LLP, 22 Mulberry Street, Suite 2A, Middletown, New York 10940, is hereby
authorized to prepare the plans and specifications for outdoor lighting to be
constructed and installed at the Robinson Lane Recreation Area and upon
completion of the plans and specifications, to authorize same to be let out for
public bid, in accordance with the letter dated May 1, 2002 from Eric D.
Fellenzer, Fellenzer Engineering, LLP to Ralph Holt, Recreation Director.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 151-2002
RESOLUTION AUTHORIZING A PUBLIC HEARING ON
APPLICATION FOR SPECIAL USE PERMIT BY PERFORMANCE
MOTORS, INC.
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Paoloni.
WHEREAS, Performance Motors, Inc. is an owner of a certain 0.65 acre
parcel of property, located in a Highway Business (HB) Zoning District,
identified as Tax Grid Number 6157-02-598733, with a common street
address of 1401 Route 9, Wappingers Falls, New York, hereinafter referred to
as Parcel I; and
WHEREAS, Performance Motors, Inc. is the Contract Vendee to purchase an
adjacent .40 acre parcel of property, also located in a Highway Business (HB)
Zoning District, identified as Tax Grid Number 6157-02-597715, with a
5
05/13/2002.WS
common street address of 1368 Route 9, Wappingers Falls, New York,
hereinafter referred to as Parcel II; and
WHEREAS, Parcel II is adjacent to and immediately south of Parcel I; and
WHEREAS, Performance Motors, Inc. is presently conducting an automotive
sales business on Parcel I; and
WHEREAS, Parcel I has been continuously used for automotive sales since
prior to the adoption of the Town of Wappinger Zoning Ordinance in 1963;
and
WHEREAS, Performance Motors, Inc. seeks to purchase Parcel II and
expand the automotive use on to Parcel II; and
WHEREAS, present Town of Wappinger Zoning Regulations require a
minimum lot size of three (3) acres for an automotive use in a Highway
Business (HB) District subject to a Special Use Permit issued by the
Planning Board; and
WHEREAS, the automotive use located on Parcel I is a permitted use in an
HB Zoning District, but the lot is a pre-existing dimensionally non-
conforming lot; and
WHEREAS, by written Application dated April 26, 2002, Performance
Motors, Inc. made application to the Town Board pursuant to §240-16(F) of
the Zoning Code of the Town of Wappinger to authorize an expansion of an
existing automotive use located on Parcel I onto the adjoining Parcel II; and
WHEREAS, the Town of Wappinger Zoning Code §240-16(F) permits the
Town Board, on written Application, to issue a Special Use Permit which will
authorize the pre-existing automotive use on the dimensionally non-
conforming Parcel I to be expanded on to Parcel II resulting in a permitted
use (subject to issuance of a Special Use Permit by the Planning Board) on a
1.05 acre lot which is in greater conformity with the Town Zoning Code.
WHEREAS, the Town of Wappinger Planning Board has recommended
approval of this Application for a Special Use Permit by the Town Board.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby
schedules a Public Hearing on the Application of Performance Motors, Inc. for
a Special Use Permit pursuant to §240-16(F) to authorize an expansion of the
automotive use presently conducted on Parcel I onto the adjoining Parcel II to
be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on
the 28th day of May, 2002, at 7:30 p.m.
BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the
Town of Wappinger, is hereby directed to post and publish a Notice of the
Public Hearing in the form annexed hereto. Said publications are to be made
in the Southern Dutchess News and the Poughkeepsie Journal at least ten
(10) days prior to the scheduled Public Hearing.
6
05/13/2002.WS
BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the
Town of Wappinger, is directed to send copy of the Notice of Public Hearing to
adjoining property owners within Two Hundred and Fifty (250) feet of Parcel
I and Parcel II.
BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the
Town of Wappinger, is directed to forward a copy of the Application materials
to the Dutchess County Department of Planning & Development for its
review and comment.
The foregoing was put to a vote, which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
At this time, Supervisor Ruggiero announced that there would be a joint
session of the Town Board and the Village Board at the close of the meeting
to discuss the Route 9 Corridor Project & Beautification, Joint Landfill
Update, Library Legislation, Dorothy Heights & Pine Hill Water & Sewer
Tie-in and Cable Franchise.
There was no other business to come before the board.
COUNCILMAN VALDATI moved to close the meeting, seconded by
Councilman Colsey and unanimously carried.
The meeting adjourned at 8:12 p.m.
Gloria, ors
Tow lerk
7
F]
05/13/2002.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
May 13, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the Proposed Operation & Maintenance Charges to be Imposed
on those properties within the Wappinger Sewer Transmission Treatment
Improvement Area Phase 3A..
SUPERVISOR RUGGIERO opened the meeting at 7:30 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Dan Wery Town Planner
Mike Tremper, CAMO Pollution
Absent:
Vincent Bettina
The Town Clerk offered for the record, the Affidavit of Posting, Publication
and Affidavit of Mailing to the parcel owners in 3A duly signed & notarized.
(These Affidavits are attached hereto and make part thereof the Minutes of
this Hearing).
SUPERVISOR RUGGIERO announced that we are here tonight to discuss
the setting of the sewer rates for $65 per Benefit Unit per quarter. Al
Roberts, Attorney to the Town gave a brief presentation on how that figure
was determined. This is the first year that Phase 3A is in operation and the
costs that have been projected are merely an estimate. Costs are based on an
annualized budget and the total budget on an annualized basis for Phase 3A
comes to $225,000. O & M charges are charged to users based on assigned
Benefit Units (B.U.). The total number of Residential Benefit Units has been
calculated at 819.10 or 59%. It is estimated that parcels containing
approximately 900 Benefit Units will connect this year.
SUPERVISOR RUGGIERO announced, as of May 15th, residents may come
to the Building Department to fill out an application to hook into the sewer at
their discretion. If you find that your septic is still in good operating
condition, and do not wish to hook up at this time, you don't have to. If
anyone in the audience has any comments or questions, please state your
name and address and the property in question.
Mrs. Frank Lucato of 2508 Route 9D explained that she lives in a section of
the sewer that is going to the Village. Now they will be charged by the Town.
SUPERVISOR RUGGIERO explained that this is something they are aware
1
05/13/2002.PH
of and are working on with the Village Board. There are seven (7) parcels of
property that are in that situation. We will be meeting with the Village
Board this evening and this is one of the topics to be discussed. Jay Paggi,
Engineer to the Town explained that the understanding is these parcels will
be charged for once for the service. If you are paying O&M to the Village,
afterwards you will still pay O&M rates to one of the municipalities. It will
only be one charge. Thomas Vacchio wished to know where his new
connection would be. Mr. Paggi explained. Mrs. Beckman of 2372 Route 9D
wished to know if she was in Phase 3A. SUPERVISOR RUGGIERO explained
that he received her FAX and referred it over to the Engineer to verify that
she was in the Sewer District, because there are some properties on Route 9D
that are not in Phase 3A. Concetta Oliveri, 207 Old Hopewell Road wished to
know if she is in this district. SUPERVISOR RUGGIERO announced, yes
she was, but there was no trunk line. The map, plan and report was
submitted to the Town Board as part of the Alpine rezone. We are going
forward, and she will be getting the line in front of her home. She also wished
to know, if Alpine withdrew from the sewer district, where would they put
their sewer. Supervisor Ruggiero announced that we were sued by the
Alpine Company, but they just can't pull out. They have questioned the
constitutionality of the calculations of the capital charges, as well as the O&
M charges to them. The Town Clerk has a letter that will be made part of
this record objecting to today's Public Hearing. We were served this morning
with these papers, and we will have to go to court to be settled. Alpine
currently has its own sewer plant on the property, but when they received
site plan approval in the early 90's, as part of that approval they have to
connect into the sewer district within six months of its completion. May 15th
is 6 months, and they are trying to prevent that from happening. Ted Izzio
of 25 B Scarborough Lane wished to know if he was hooked in yet.
SUPERVISOR RUGGIERO answered yes! Tom Stinson of 14 Cameli Drive
wished to know if this is the same formula for all the water districts. Mr.
Paggi answered yes, but the rate may be different because of the size of the
district. Vera Schwartz of 3P Whitegate Drive questioned the equity of
charging a Condo of 800 sq. ft. the same amount as a single family dwelling?
She has been paying $588 for 20 years. SUPERVISOR RUGGIERO
explained that this is considered one residential Benefit Unit, be it a
condominium or a house. This is the formula that has been established and
practiced by the town for 30 years. Mrs. Oliveri wished to know if the
commercial company were to pull out of the sewer district, where would they
put their sewage. SUPERVISOR RUGGIERO responded that we were sued
by the Alpine Company A resident wished to know if they were to develop
2
05/13/2002.PH
more properties in Phase 3A, would the capital costs be reduced?
SUPERVISOR RUGGIERO answered yes they would, depending on the
additional Benefit Units added. Robert Patchoros,7 Cameli Drive wished to
know the description of a Benefit Unit. SUPERVISOR RUGGIERO
explained that a single piece of property with a home and up to 2 acres of
land is one Benefit Unit. For each additional acre above 2 acres of land, is
2/10ths of a Benefit Unit over that. If you own a piece of vacant land in the
Town of Wappinger within this sewer district without a home on it, its 8/10ths
of a Benefit Unit for the first 2 acres and 2/10ths for each additional acre. You
would only pay O&M charges until hooked into the sewer. Robert Giordano
of 78 Gold Road wishes to know when his area will be hooking in the sewer.
SUPERVISOR RUGGIERO announced his area is under consideration to be
studied. When we get more information in regard to the study, you will be
informed.
There were no further questions or comments from the audience.
COUNCILMAN PAOLONI moved to close the Public Hearing, seconded by
Councilman Valdati and unanimously carried.
The Public Hearing closed at 7:58 p.m.
Gloria J. o e
low Town Cl
8
4�
(OORBALLYSARTLANDAN LEYEA LLP
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E. RAPPLEYEA
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN (aISOFL)
WILLIAM F. BOGLE, JR.
RENA MUCKENHOUPT O'CONNOR
ALLAN B. RAPPLEYEA (aISOCT)
ANTHONY C. CARLINI, JR. (also NJ)
LEAH J. BALASSONE
ANNUJA SHAH
Of Counsel
MILTON M. HAVEN
CARL P. ULRICH
RICHARD V. CORBALLY
Administrator
CAROL ANN NEVILLE
Hand Delivered:
A HERITAGE OF LEGAL COUNSEL
Regional Offices
Mayl3, 2002
Hon. Joseph Ruggiero, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Public Hearing, Sewer rents, Phase 3
Dear Supervisor Ruggiero:
BY APPOINTMENT:
CLEARWATER, FLORIDA 34617
727-461-3144 TEL
I write this letter on behalf of Alpine Associates LLC on the issue of the proposed sewer
rates for the above improvement area. I ask it be included in the record of the public
hearing being conducted this evening.
The rates are in violation of the United States and New York Constitutions. It is in
violation of Article 14-F (Sewer Rent Law) of the General Municipal Law. It is in
violation of federal standards that attach to plants built with federal assistance under the
Federal Water Pollution Control Act. It is an illegal tax.
All of the above standards require that rates be reasonably correlated to usage. Based
upon methodology proposed by the town, Alpine, with a daily flow of 6,000 gpd, will be
paying $60,000.00 annually. By contrast, assuming an average flow of 325 gpd, 19
homes with an aggregate daily flow of 6,000 gpd would pay $5,000.00+ for the same
aggregate treatment. The collection system is a new system; meters could readily be
installed. The only flow to the plan should be that actually used and there should be no
I' t
o3300 FRANKLIN AVE
FrcV 4r�® L PO BOX 679
MILLBROOK, NY 12545
BARDAVON BUILDING
35 MARKET STREET
(� (� 3
1 � 2002
845-677-5539 TEL
,MAY
845677-6297 FAX
POUGHKEEPSIE, NY 126013285
845.454.1110 TEL . 845.454-4857 FAX r14�`L 4 r i
E-MAIL: info Qcgrla W.com6425
MONTGOMERY ST
PO Box 366
WWW.CC,RLAW.COM
RHINEBECK, NY 12572
845876-4091 TEL
845-876-7192 FAX
Mayl3, 2002
Hon. Joseph Ruggiero, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Public Hearing, Sewer rents, Phase 3
Dear Supervisor Ruggiero:
BY APPOINTMENT:
CLEARWATER, FLORIDA 34617
727-461-3144 TEL
I write this letter on behalf of Alpine Associates LLC on the issue of the proposed sewer
rates for the above improvement area. I ask it be included in the record of the public
hearing being conducted this evening.
The rates are in violation of the United States and New York Constitutions. It is in
violation of Article 14-F (Sewer Rent Law) of the General Municipal Law. It is in
violation of federal standards that attach to plants built with federal assistance under the
Federal Water Pollution Control Act. It is an illegal tax.
All of the above standards require that rates be reasonably correlated to usage. Based
upon methodology proposed by the town, Alpine, with a daily flow of 6,000 gpd, will be
paying $60,000.00 annually. By contrast, assuming an average flow of 325 gpd, 19
homes with an aggregate daily flow of 6,000 gpd would pay $5,000.00+ for the same
aggregate treatment. The collection system is a new system; meters could readily be
installed. The only flow to the plan should be that actually used and there should be no
VORBALLY 7ARTLAND AN LEYEA LLP
infiltration of the collection lines. There is no valid factor that permits a twelvefold
disparity for the same service.
Aside from the illegality, the Board should understand the ripple impacts. No new
tenants will want to locate in a center were sewer charges are grossly disproportionate to
those elsewhere. The extraordinary confiscatory costs can only depress the value of the
center.
Ver
CO
IM
JHA/jm
cc: S. Ifshin
A. Roberts, Esq.
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON PROPOSED
OPERATION & MAINTENANCE CHARGES TO
BE IMPOSED ON THOSE PROPERTIES
WITHIN THE WAPPINGER SEWER TRANSMISSION
TREATMENT IMPROVEMENT AREA PHASE 3A
) ss:
COUNTY OF DUTCHESS )
GLORIA J. MORSE, being duly sworn deposed and says:
That she is the duly elected, qualified and acting Town Clerk of the Town
of Wappinger, County of Dutchess and State of New York.
That on April 26, 2002, your deponent posted a copy of the attached
notice of Public Hearing on the Proposed Operation and Maintenance
charges to be imposed on those properties within the Wappinger Sewer
Transmission/ Treatment Improvement Area Phase 3A, on the signboard
maintained by your deponent in her office in the Town Hall of the Town
of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County,
New York.
G
GLORIA J. SE
Town Cler
Town of WXappinger
cls`
Sworn to before me the
day o ,2002
ALBERT P. ROBERTS
ROTARY PUBLIC, 3bb of NW yA
Qnellfied InOutchess Counq
Commission Expires Feb. 2 a9
Poughkeepsie 3ournal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF PUBLIC HEAR-,
ING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN
that the Town Board of the
Town of Wappinger will
conduct a PUBLIC HEAR-
ING on the 13th day of May,
2002, at 7:30 p.m. at the
Town Hall, Town of Wappin-
ger, 20 Middlebush Road,
Wappingers Falls, New
York, at which time all
parties in interest and citi-
zens shall have an opportu-
nity to be heard regarding
the proposed operation and
maintenance charges to be
imposed on those proper-
ties within the Wappmger
Sewer Transmission(Treat-
mentImprovement Area
Phase 3A who connect to
the sewer facilities con-
tained within the Improve-
ment Area.
PLEASE TAKE FURTHER
NOTICE that the proposed
operation and maintenance
charges per Benefit Unit
shall be paid quarterly in the
sum of Sixty Five Dollars
($65.00) per quarter com-
mencing July 1, 2002.
Dated:nl 22, 2002
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
WAPPINGER
GLORIA J. MORSE, TOWN
CLERK
4177
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
foPne iUgfitAkPessively, in each week, commencing
on the 1st. — day of
2002_— and on the following dates
thereafter, namely on:
And ending on the day of
2 both days inclusive
1�
Subscribed ; d worn to b ore me this
day of�, 200
i"f. J
Public
My commission expires /d , / X'
0290 11Uir,45`l :�dilt
()l':N1EV)y0!'X1V%
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
foPne iUgfitAkPessively, in each week, commencing
on the 1st. — day of
2002_— and on the following dates
thereafter, namely on:
And ending on the day of
2 both days inclusive
1�
Subscribed ; d worn to b ore me this
day of�, 200
i"f. J
Public
My commission expires /d , / X'
�0VTHE�N DUTCHE5NEW�
BEAC0N FREE PRES�
84 ET MAIN STREET
WAPPINGFALLS, NY 1259�
P'k -F -F 5- c-1 3- 1-
Tn� W4PPINGE�� FP,LL5, T0WN
F
B(.y 312.4
WAPPINSEAS FALLS, NY 125")0
nntioe
�tato �f NEW Y0MK )
Cnunty Of DUTCHES� )
T` J0AN MILLER' 11 duly swnrn, depo�,� and
eay� that I em the B00KKEEPER of
NOTICE FROLIC 'HEARING
Dut�her-wo, a wkly napE,r of g*neral
TOWN OF WAPPINGERNOTIOS IS HEREBY GIVEN that the
/irnulation publieh�d in WAPPINGE�� FA,LL5'will
Town Board of the Town of Wapplinger,
conduct ��
CountV o DUTCHES�, St�t* of NEW Y0RK; and
the 13th day of May, 2002, at 7:30
own Hall, Town of
th;�31t � notir�%ppinger,
,of whi�h the annexa(I ie a
20 MIddlebush Road,
wappin?ers Falls, N*wYo*, at which.
Print*d �oPy, we� duly publihed in South*rntime,
61 Parties In Interest and olti.
zens shall have an opportunity to be
heard regarding the ProPosedopera.2
lion and maintenance charges to beImposed
on those Properties within
the wappinger Sewer TransmissiorV
Treatment improvement Are& Phase
3A who connect to the sewer facill.
ties contained within the Improve.
ment Area.
�wVrn to
PLEASE --'~^'~~
—��
hw��r� m* thi� 18t day of M�y, 2OO2
that proposed operation and
aintenance charges per Benefit
Unit shall be paid quarlarly in the sum,
0 Ixt Five Dollars ($65:00) per
rt r commencing July 1, 2002.
ALBERT M�\�Wtm Y
to ; rII 22,2W2
Y1ORDER OF THE TOWN'
nu/anv poBU:. STATE OF NEW YORK
BOARD OF THE
TOWN OF WAPPINGER
0oxunm IN oonxoxx COUNTY'LORIA
J. MORSE TOWN CLERK
#z4824076o
�_. mwummuw anx�o VM0 �MM�
. - �vv�