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1996-02-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 26, 1996 ----------7-30 p.m. ------------ 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. Jan. 22, 1996 4. REPORTS OF OFFICERS: Sup/Compt. T. Justices Rec. of Taxes Zng. Adm. Bldg. Insp Doo,Control Officer ANNUAL Reports; Judge Wolfson Recreation Comm. Activity Report Annual Audit Report from Sedore and O'Sullivan 25 year Placque-T. Logan 5. PETITIONS & COMMUNICATIONS a. Corr. from L. Lowney, Village Clerk re: Tri Muni & A. Quartararo, b. Mid Hudson Road Runners Club re: request for Parade Permit for Robinson Lane for 18th Annual D. Co. Classic 9/18/96 c. Notification of Intent to apply for a Liquor License by Handshakes Restaurant 1 A22, 4 (ji d. Arlene Cole, Scott Dr. re: Easement Trench -Rockingham Farms e. Bob & Nancy Strype re: Septic problem -request to hood into RFSewer f. Mary Johnson re: refund of W/S late fee g. J. Paggi, Eng. to Twn. Reports; (1) Proposed Rd. Projects:Wheeler Hill; Old Troy Rd.; Spook Hill; & Widmer (2) Old Troy Rd. h. NYSDEC A. Lent. Eng. re: Castle Point Landfill, w/ corr. from J. Paggi of cost estimates i. E. Saris, Attny for Tax reviews: re: (1) Pavillion Condos (2) Vinco - Three Co. - Three Star Anodizing j. R. Holt, Rec. Ch. requests: (1) requests for P.O's for School Custodians,. (2) Certificates of Insurance (3) Request workshop re: Boat ramp procedures & Plans (4)B. Reimer re: Baby sitting Course (5) request permission for some members and staff to attend conference in Syracuse 4/27 - 5/1/96 k. Request for refunds of escrow fees from: (1) R. tiquafredda, $316.5 (2) John Hurley, $337.25 (3) H. Redl, #3,037.50 1. G. Foster, H. Supt. re: Purchase of Snow Plower m. Approve proposal for Planning consultants for Planning Board n. Approve Little League Agreement & authorize Supervisor to sign o. Resignation of D. Warren as member of Board of Assessment Review p. Memo from D. Brown, W/S Billing Clerk, regarding Tenant rates for 15,Tenants:of.theLRockingham Farms Sewer District. q. A. Roberts, Attny to Twn. Reports: (1) Curfew (2) Tri -Muni reimbursement for "Buy -In" costs r. Request from Village to use voting machines in March Village Electi .. 31+SIG 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT Zng. Adm. report Extension of Letter of Credit from J. Klein - Nicole Farms 8. RESOLUTIONS a. Consider adoption of 3 Local Laws for Water & Sewer 0 & M rate increases b. Highway Bids c. Authorize refunds of Water/Sewer overbilling from the first quarter d. Consider Estimate for cleaning Town Hall Walls & Ceilings from "Clean Ceilings, Etc." 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARINGS ON WATER & SEWER 0 & M RATE INCREASES FOR THREE DISTRICTS BEGIN AT 7:20 P.M. i 19 960226.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on February 26, 1996 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 8:45 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman %low Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Graham Foster, Highway Superintendent Thomas Logan, Assessor MINUTES The Minutes of the Regular Meeting of January 22, 1996 having previously been forwarded to the Board Members, were placed before them for their consideration. COUNCILMAN VALDATI moved that he above Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried Reports for the month of January were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator and Animal Control Officer. The Annual Reports from Judge Wolfson, Recreation Committee Activity Report, and the Annual Audit Report from Sedore and O'Sullivan. Also was the Supervisor's Annual Report and it was so noted that the report was filed early. COUNCILMAN BETTINA moved to accept the above reports and place k them on file. Seconded by Mrs. Visconti Motion Unanimously Carried At this time, SUPERVISOR SMITH presented a Plaque to Thomas Page 1 960226.RGM Logan, Town Assessor for completing 25 years of service with the Town of Wappinger. PETITIONS & COMMUNICATIONS Two pieces of correspondence from Leo Lowney, Village Clerk. The first, advising the Town that at their last Regular Meeting the request for the Town to become a full voting member of the Tri -Muni Commission was tabled. The second in regard to the additional 1 million gallon expansion for the Town of Wappinger and formally advising them that the negotiating team for the commission which will handle the negotiation of the terms of the additional 1 million gallons expansion of the Treatment Plant, as per contract, are Peter Fanelli, Chairman; Peter Witko, Administrator; and Anthony M. Quartararo, Attorney for Commission. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence was received from Irvin Miller, Director of the Dutchess County Classics, announcing that on Sunday, September 8, 1996, The Mid Hudson Road Runners will be sponsoring the 18th Annual Dutchess Classic. Mr. Miller would like to make Robinson Lane a Parade Route between the hours of 8 am to 3 pm. Residents on the adjoining streets will be notified. There is insurance coverage, and the local and state police will be notified to insure safety of the runners. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith advise Mr. Miller that Robinson Lane can be used as a Parade Route on Sunday, September 8, 1996 from 8 am to 3 pm for the Annual Dutchess County Classic. Seconded by Mr. Bettina Motion Unanimously Carried Page 2 21 960226.RGM Notice of intent to apply for a Liquor License was received from Glen F. Kubista d/b/a Handshakes Bar & Grill, Route 82 and a notice of intent to renew their Liquor License was received from Robert A. Geist, President of Pizza Hut, Route 9. COUNCILMAN VALDATI moved to accept the notice of intent from Glen F. Kubista d/b/a Handshakes Bar and Grill to apply for pp y o a Liquor License and notice of intent from Robert A. Geist, President of Pizza Hut to renew their Liquor license and place them on file without comment. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Arlene J. Cole of 4 Scott Drive notifying the Town if Town workers disturb the rats that are living in the easement trench that runs through Rockingham Farms, she will hold the Town responsible for this occurrence and will expect the Town to pay for any damage done to her property, as well as any expenses that may occur in the course of eradicating the rats from her property. In addition Mrs. Cole is requesting thirty days prior notification from the Town informing her as to date and time any Town workers will be in proximity of the easement bordering her property as well as the purpose for them being there. She must have this information so that she may videotape the rats as they are leaving their natural nesting areas and running onto her property as you have previously informed her she must do. COUNCILWOMAN VISCONTI moved to accept the correspondence from Arlene J. Cole and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Due to major Septic problems, Mr. & Mrs. Robert Strype of 12 Brown Road are requesting to be allowed to hook into the sewer. system. When the original owners moved into the home, they were given the option to hook into the sewer but turned it down. Page 3 960226.RGM There is a Sewer Pipe in the middle of the property. When the Strype's moved in, they asked to hook in and were informed that they would have to wait two years. Being this is an emergency situation, could they hook into the Sewer immediately. COUNCILWOMAN VISCONTI moved to authorize the Supervisor write a letter to Mr. & Mrs. Strype advising them that their residence is in Phase 3A of the Wappinger Sewer Transmission Treatment Improvement Area. Seconded by Mr. Bettina Motion Unanimously Carried Next is correspondence from Mary Johnson regarding the return of fines imposed on her Water/Sewer bill that was late due to a severe snow storm, then a Holiday, causing a two day delay. The Post Office did not pick up the mail, so it could not be postmarked on time. The fine was $10.00. COUNCILWOMAN VISCONTI moved to waive the $10.00 late fee that was imposed on Mrs. Johnson's Water/Sewer Bill due to -the extenuating circumstances. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several proposed Road Project Reports from Engineer to the Town Jay Paggi. The first project concerns Wheeler Hill Road. Mr. Paggi explained the proposed design planned to bring the road to 1996 standards, and when they were presented were met with much opposition from the residence. A scaled down project was also presented, but it was felt that utilizing available funds to build a substandard width road was not an efficient alternative Nod for the Town. Since the Town Board has decided to forgo the total road widening and geometric improvement, there exist two choices; leave the road status quo or create a one way. The Town Planner looked into this alternative and recommended Page 4 i3 against it. Mr. Paggi recommended that at this time the Town do nothing. In either case the $150,000.00 in SHIPS funding allocated for this project, could possibly be transferred to Widmer or Old Troy Road Project. Mr. Valdati voiced his concern about the danger of the Utility Poles, they should be moved back. Mr. Foster said he met with Central Hudson several years ago on this subject, but got nowhere. Supervisor Smith said she would contact John Mack, of Central Hudson and request his help in getting the utility poles moved back. Mr. Foster stated, once the poles are moved back he can move some of the shoulder back to make the road a little safer, and rebuild the stone wall to restore the historic district. Residents said over years the road has been improved; yellow line, widened, it looks so good, people speed and use it as a short cut. One resident suggested a curved mirror at the top of the hill so drivers can see what is coming over the hill. Also a flashing red arrow was suggested to warn drivers. Mrs. Smith informed residents that on one of our Agenda's we had put money aside at one point to have a traffic study for our Town but it was met with opposition. She thinks that we should bring it back on a smaller scale. We could have used it for these roads. SPOOKHILL ROAD: This project resulted in a similar situation as Wheeler Hill Road. The resident adjacent to the proposed horizontal realignment was unwilling to convey the necessary land to the Town. As a result, this office investigated alternative alignments; only to conclude that without a large road taking the alternatives would not conform to current engineering standard. On the other hand, the proposed vertical realignment just north of Roberts Road, could be done. This modification was included in the Spookhill project to improve sight distances, especially at the intersection of Roberts Road and Spookhill, and was separate from the horizontal realignment Page 5 2 960226.RGM work. WIDMER ROAD PROJECT: He thought was a go ahead, it was greeted favorably by residents, he was notified this week that part of the land that is needed to do the project is in probate court. There are two wills and until those wills are probated we can not take clear title to the easement. Mr. Paggi informed Mr. Roberts, if we don't get clear title to the easement, preferably now, but, no later than March 15, 1996, then this project will go by the wayside. OLD TROY ROAD: As you can see from the cost breakdown, no funds have been allocated for this project. Initially, project funds were to be obtained from the 1990 Drainage budget. However, due to recent flooding in the Town, monies in this budget may be required for drainage improvements. We had one project that we wanted to do because we felt it was a very bad area. Graham Foster has two others which he felt were bad areas. Mr. Paggi visited all three areas with Mr. Foster that should be addressed. A meeting was set up for this week with Mrs. Reese, one of the homeowners, to go over the projects to see if we can address Old Troy Road in a more comprehensive nature. Looking at the first section of Old Troy Road that needs work, is not in the area of Mrs. Reese's property, it is on Mr. Smith's and we think he is dead set against that one. There is the second area and the third area. What we would like to do is take the SHIPS funds that we were to use on the other projects and transfer to Old Troy Road, but again, this will require approval from the State. One of the residents suggested that to solve the problem on Old Troy Road to reverse the ONE WAY to go up the hill instead of down. The Board Members agreed, that this may be a good idea. Mr. Paggi, said which ever way the traffic goes, that work must still be addressed. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith write Page 6 9 In n F� 20 960226.RGM to our State Senator and our State Assemblyman requesting that the SHIPS funds be transferred over to the Old Troy Road Project at this time. Seconded by Mr. Ruggiero COUNCILMAN RUGGIERO moved to Amend the above motion to include Town Planner prepare plans to submit to the County reversing the One Way on Old Troy Road. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Andrew Lent, Engineering Geologist II of The N Y S Department of Environmental Conservation regarding the closure of the Castle Point Landfill and cost estimates from Engineer to the Town Jay Paggi. The proposed landfill closure schedule modification are acceptable to the Department, and the revised landfill closure milestone dates will be incorporated into the revised draft Order on Consent. The revised draft Order on Consent will be submitted to you for your review in the r. next two weeks and they are listed below for your information. (1) Submission of the Revised Closure Plan by March 18, 1996 (2) Installation of the final cover system must begin by July 29, 1996. (3) Installation of the barrier layer portion of the final cover system must be completed by October 28, 1996. (4) Completion of the final cover system & submission of the Landfill Closure Construction Certification Report by July 1, 1997. Mr. Paggi also enclosed Three quotes from qualified drilling firms to install the monitor well couplet (one deep bedrock well, one shallow overburden well). The quotes give bids in terms of unit prices, since the exact depth of the wells is unknown. By assuming well depth based on surrounding conditions, he has estimated the drilling costs as follows: Kendrick Drilling ............$6,200.00 Empire Soil Investigations 7,000.00 Soil Testing, Inc. 7,900.00 Page 7 N6 The unit prices bid by Kendrick Drilling result in the lowest total well cost, and Mr. Paggi is recommending that Kendrick be selected to perform the work. To this end, Mr. Paggi is notifying Mr. David Lent of the Chazen Companies to schedule Kendrick Drilling to perform the work as soon as possible. It should be noted that the actual drilling cost will vary depending on field conditions, but should fall within the $6,000.00 - $7,000.00 range. COUNCILWOMAN VISCONTI moved to accept the correspondence from Andrew Lent and Jay Paggi regarding the Castle Point Landfill Closure and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence was received from Emanuel Saris regarding the following Tax Certioraris that were served on the Town of Wappinger last year in regard to their settlement: (1) The Pavillion Condos (2) Vinco Realty, Three Co., Inc., Three Star Anodizing Corp. COUNCILWOMAN VISCONTI moved that Emanuel Saris, Attorney handling the Tax Reviews for the Town, continue with the settlement for The Pavillion, and subject to further review of some additional information, the settlement for Vinco Realty, Three Co., Inc., and Three Star Anodizing Corp. Seconded by Mr. Bettina Motion Unanimously Carried Several Requests from Ralph Holt, Chairman of the Recreation Department. First, are two Purchase Orders to Wappinger Central School District for Custodial Services for the Saturday Morning Programs. (1) Sheafe Road Elementary School, $947.53 (2) Myers Corners School, $1,263.36 COUNCILWOMAN VISCONTI moved to approve the Purchase Orders to Wappinger Central School District for Custodial Services for (1) Page 8 960226.RGM Sheafe Elementary School for $947.53 (2) Myers Corners School for $1,263.36 for the Saturday Morning Programs. Seconded by Mr. Ruggiero Motion Unanimously Carried The next request from Mr. Holt is to set up a Workshop with the Town Board to discuss the procedures and plans for the Boat Ramp. MRS. SMITH wished to place Mr. Holt's request on the April 8th Workshop with Mr. Holt in attendance. A request from Bernie Reimer, Recreation Director, to present for the Town Board's approval, a proposal to offer an Introduction to Babysitting course for Town of Wappinger youngsters in grades 4 - 8. The course to be taught by a Red Cross Certified instructor. The fee proposal is $15 per person, $10 for each additional family member. The cost to implement and run this program would be the instructor's fee of $25 per hour for two 2 hour sessions for a total of $100, plus a material fee of $3 per student or a total of $45. The total cost to the Town would be $145 which would be off set by the Town charging their current fees as stated above. COUNCILMAN VALDATI moved to approve the request to set up a Babysitting course for the Town of Wappinger youngsters in grades 4 - 8, as presented by Mr. Reimer. Seconded by Mr. Ruggiero Motion Unanimously Carried The last request from Mr. Holt, is permission for several members of the Recreation Committee to attend the New York State Recreation and Parks Society Conference, to be held April 27 to May 1, 1996, at the Hotel Syracuse Radisson Plaza in Syracuse, New York. Those wishing to attend are Kathi Delisa, Barbara LGutzler and Peggy Roe. COUNCILWOMAN VISCONTI moved to approve the request from Ralph Holt for Kathi Delisa, Barbara Gutzler and Peggy Roe to attend Page 9 28 960226.RGM the New York State Recreation and Parks Society Conference and their legitimate expenses be a Town charge. Seconded by Mr. Bettina Motion Unanimously Carried Requests for the return of Escrow funds were received from (1) Ralph Aquafredda $316.50 (2) John & Margaret Hurley $337.25 (3) Herbert Redl, Guardian Storage $3,037.50. COUNCILWOMAN VISCONTI moved to approve the return of escrow to Ralph Aquafredda for $316.50, John & Margaret Hurley for $337.25 and Herbert Redl, Guardian Storage for $3,037.50, based on the recommendation of Donald Close, Zoning Administrator. Seconded by Mr. Bettina Motion Unanimously Carried A request from Highway Superintendent, Graham Foster to go to Bid for a snowblower for the Highway Department. Mr. Foster also informed the Board that he is looking into surplus equipment that may be available from closed air bases at a 1 reduced rate. If we do find something, going out to Bid would not commit us. COUNCILWOMAN VISCONTI moved to authorize Graham Foster go to Bid for the purchase of a new snowblower for the Highway Department. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to approve the Proposal for Planning Consulting Services, for the Planning Board for 1996, from Frederick P. Clark Associates, Inc. COUNCILWOMAN VISCONTI moved to approve the Proposal for Planning Consulting Services for the Planning Board for 1996, from Frederick P. Clark Associates, Inc., based on the recommendation of the Planning Board and authorize the Supervisor to sign. Seconded by Mr. Ruggiero Page 10 Motion Unanimously Carried 960226.RGM The next item for the Boards Consideration is to approve the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association and authorize the Supervisor to sign. COUNCILMAN VALDATI moved to approve the Contract between the LM Town of Wappinger and the Town of Wappinger Little League Association and authorize the Supervisor to sign. Seconded by Mrs. Visconti Motion Unanimously Carried Due to business hours and work related commitments at Danbury Printing in Connecticut, a letter of resignation was received from Douglas Warren for the Board of Assessment Review. The Review Meetings take place during his normal working hours and he would be unable to attend and contribute to the Board. COUNCILWOMAN VISCONTI moved to accept the letter of resignation from Mr. Warren, place it on file and send him a letter of appreciation. Seconded by Mr. Ruggiero Motion Unanimously Carried Mrs. Snowden informed the Town Board, although she has not been formally notified, Ray Belding would also be resigning his position on the Board of Assessment Review due to a conflict of interest. He is now a Village Justice for the Village. Mrs. Smith indicated that she would be putting an ad in the newspapers for these positions. Correspondence received from Debbie Brown, Water/Sewer Billing Clerk, with a notice to remove Mr. Bozentko, 5 Edgehill Drive from tenant rates to single residential rate. However there are 15 other tenants in the Rockingham Farms Sewer District and she would like to know if they should also be billed the single residential rate. The other tenants are: Sasse, 2 Edge Hill Dr. Kalinka, 6 Pye Lane Page 11 30 v Kunkel, 4 Edgehill Dr. Low, 9 Edgehill Dr. Huang, 10 Edgehill Dr. Gilmartin, 12 Edgehill Dr. Wornell, 25 Edgehill Dr. Walden, 10 Peel Lane Quilliam, 13 Peel Lane 960226.RGM Smith, 12 Pye Lane Eilert, 34 Sherwood Hts. Rd. Hwang, 68 Sherwood Hts. Rd. DiGennaro, 17 Sherwood Hts Rd. Ricci, 22 Vorndran Dr. Srikrishnan 33 Sherwood Hts. Rd COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send letters to the above tenants advising them that they will be billed single residential rates. Seconded by Mr. Ruggiero Motion Unanimously Carried At the last Town Board Meeting, Al Roberts, Attorney to the Town was asked to research whether or not the Town could enact a curfew for minors. The answer is "yes." Executive Law Section 24 specifically authorizes the enactment of a curfew, however, this section requires the declaration of a Local Sate of Emergency prior to the enactment of a curfew. In an Opinion dated December 15, 1980, the Attorney General has ruled that a Town does have the authority to enact a juvenile curfew under its general police powers if the curfew is necessary for the preservation or protection of the public health, safety and welfare. The same opinion ruled that a Town had no authority to enact a curfew that holds parents responsible for their children's violation of the curfew. Enclosed is a copy of the research memo prepared by Joan Garrett of his office. In addition to the constitutional questions pointed by Joan, it should be noted that the Town has limited enforcement abilities since it does not have a formal police force. before such a curfew could be adopted, it would appear the Town should have to have a series of public hearings identifying the circumstances or incidences which would support the adoption of a Town -wide curfew. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati Page 12 F'Z:3sna.-Mlem Motion Unanimously Carried The next report from Mr. Roberts is on the Tri -Municipal reimbursement for "Buy -in" Costs. COUNCILWOMAN VISCONTI moved to table this report to a Workshop. Seconded by Mr. Bettina Motion Unanimously Carried Although the request was not received yet, but would be forthcoming, before the next Town Board Meeting, Mrs. Snowden asked the Board to consider the anticipated request from Leo Lowney, Village Clerk for the Village of Wappingers, for the use of 3 voting machines for the upcoming Village Elections to be held on March 19, 1996. COUNCILMAN VALDATI moved to approve the forthcoming request of Leo Lowney, Village Clerk for the use of 3 Town voting machines for the March 19, 1996 Village elections. Seconded by Mrs. Visconti COMMITTEE REPORTS Motion Unanimously Carried ilrrr COUNCILMAN RUGGIERO reported on the Association of Towns Meeting that he attended last month. All the Resolutions passed, except the one on speed limits, it was defeated, 101 to 99. COUNCILMAN VALDATI praised the Highway Department for the fine job they did responding to clearing trees and limbs due to the high winds. Mr. Foster informed the Board that due to the amount of trees that fell, the Highway Department would be picking them up and carting them away, if they were no more than 12 feet from the pavement. Anything beyond, the homeowner would be responsible for cutting up and putting out by the road. This would be a one time pick-up due to the wind storm. The Board Members may wish to notify some of the residents in their district of this special pick-up. COUNCILWOMAN VISCONTI had no reports at this time. Page 13 960226.RGM COUNCILMAN BETTINA had no reports at this time. BONDS AND LETTERS OF CREDIT Mr. Close submitted his report for the month of January on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expirations dates and call up dates. Also submitted was an extension Letter of Credit from James A. Klein, Nicole Farms. COUNCILWOMAN VISCONTI moved to accept the report and the extension Letter of Credit from James A. Klein, Nicole Farms and place it them on file. Seconded by Mr. Bettina Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held for the increase of operation and maintenance fees for the Rockingham Sewer District, the matter of its adoption was now placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law # as follows: LOCAL LAW NO # OF THE YEAR 1996 AMENDING LOCAL LAW NO. 12 OF THE YEAR 1984, THE LOCAL LAW NO. 9 OF THE YEAR 1988, AND THE LOCAL LAW NO. 5 OF THE YEAR 1994 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE ROCKINGHAM SEWER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Rockingham Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Rockingham Sewer District: A. Residential 1. Each residential unit connected to the system: $340 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. Page 14 Ll - 0 0 Seconded by Mr. Valdati Roll Call Vote Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Bettina Councilwoman Visconti 960226.RGM Vot e Aye Nay Aye Aye Aye Motion Carried A Public Hearing having been held for the increase of operation and maintenance fees for the Wappinger Sewer Improvement Area #1 the matter of its adoption was now placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law # as follows: LOCAL LAW NO # OF THE YEAR 1996 AMENDING LOCAL LAW NO. 5 of 1976, LOCAL LAW #14 OF 1984, LOCAL LAW #10 OF 1985 LOCAL LAW #10 OF 1988, LOCAL LAW #1 OF 1991, LOCAL LAW #2 OF 1992, AND LOCAL LAW #13 OF 1992 ON ESTABLISHING SEWER RATES IN THE WAPPINGER SEWER IMPROVEMENT AREA #1 BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Section 2 of Local Law #13 of 1992 is hereby amended to read as follows: SECTION 2. The following sewer rates are hereby amended to read as follows. A. Residential 1. Each residential unit connected to the system: $480 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. Seconded by Mr. Valdati Roll Call Vote Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Bettina Councilwoman Visconti Vot e Aye Nay Aye Aye Aye Motion Carried A Public Hearing having been held for the increase of operation and maintenance fees for the North Wappinger Water District, the Page 15 960226.RGM matter of its adoption was now placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law # as follows: LOCAL LAW NO # OF THE YEAR 1996 AMENDING LOCAL LAW #10 OF 1991 AND LOCAL LAW #1 OF 1992 RELATING TO THE IMPOSITION, CHARGE AND COLLECTION OF WATER RATES FOR THE CONSUMPTION AND USE OF WATER FOR THE NORTH WAPPINGER WATER DISTRICT OF THE TOWN OF WAPPINGER --------------------------------------------------------------- BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Section 2 of Local Law #1 of 1992 is hereby amended as regards the water rates for North Wappinger Water District and all other laws otherwise confirmed. SECTION 2. The following water rates for the Consumption /Usage of Water by North Wappinger Water District are hereby established as follows: A. Residential: Each residential dwelling unit connected to the water system, excluding such units & users other wise expressly provided for herein, shall pay the minimum charge of $25 (twenty-five dollars) for the first fifteen thousand (15,000) gallons of water consumed/used, and $1.50 for each one thousand (1,000) gallons consumed & used thereafter. Each unit of a multiple dwelling shall be individually and separately charged in accordance with this schedule. B. Wildwood Manor Condominiums: Each Wildwood Manor Condominium unit connected to the water system shall pay $25 (twenty-five dollars) per quarter. C. Greentree Apartments: The Greentree Apartments shall be billed $25 (twenty-five dollars) per quarter for each unit, or an aggregate minimum of $450 (four hundred fifty dollars) per quarter, whichever is greater. In the event that the aggregate water consumption/usage of Greentree Apartments exceeds two hundred seventy thousand (270,000) gallons, such excess will be billed at a rate of $1.50 for each one thousand (1,000) gallons per quarter. D. Commercial & Industrial: Commercial & Industrial users shall be billed at a rate a minimum of $1,000 per quarter for the first 50,000 cubic feet of water consumed and .935 per 100 cubic feet consumed and used thereafter. SECTION 3. This Local Law shall take effect upon adoption and filing as provided by Municipal Home Rule Law. Seconded by Mr. Valdati Roll Call Vote Vote Supervisor Smith Councilman Ruggiero Page 16 Aye Nay Councilman Valdati Councilman Bettina Councilwoman Visconti 960226.RGM Aye Aye Aye Motion Carried Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 1996 was presented to the r Town Board for their consideration. GASOLINE AGWAY PETROLEUM %W Per Gallon, Reg Unleaded .6100 Per Gallon Unleaded Plus .6720 The Highway Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corp. 0 FUEL OIL Per Gallon #2 Diesel Fuel BOTTINI .139 .139 The Highway Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Bottini. LIQUID CALCIUM Per Gallon JAMES REED 0.78 The Highway Superintendent recommends the bid for Liquid Calcium be awarded to James Reed Sales, Inc. BITUMINOUS CONCRETE 1A TOP 1 A TOP 1A Binder 2A Binder 1A Base Cold Mix POUGH. ASPHALT 26.75 27.00 26.60 26.60 26.60 No Bid PKG. PAVEMENT THALLE IND No Bid 28.00 No Bid 28.00 No Bid 28.00 No Bid 28.00 No Bid 28.00 36.00 No Bid The Highway Superintendent recommends the bid for Bituminous Concrete, Hot, be awarded to Poughkeepsie Asphalt and Cold Mix be awarded to Package Pavement. STANDARD HIGHWAY & TRAFFIC SIGNS STOP SIGNS E.S.P. CHEMUNG 30" 21.00 25.69 24" 18.95 17.79 The Highway Superintendent recommends the bid for 30" signs be awarded to E.S.P. and the bid for 24" signs be awarded to Chemung. EXTRUDED ALUM. STREET SIGNS E.S.P. CHEMUNG 6 x 24 13.89 19.78 6 x 30 14.89 19.78 6 x 36 15.61 19.78 Page 17 00 960226.RGM The Highway Superintendent recommends the bid for all extruded aluminum street signs be awarded to E.S.P. SQUARE OR DIAMOND REG. SIGNS E.S.P. CHEMUNG 12 x 18 6.25 7.97 18 x 24 12.49 15.14 24 x 24 15.30 20.19 24 x 30 19.75 25.19 12 x 36 12.49 15.14 24 x 36 21.98 38.28 38 x 30 24.69 31.26 36 x 36 33.47 45.44 48 x 48 55.28 83.32 The Highway Superintendent recommends the bid for all square and diamond reg. signs be awarded to E.S.P. SIGN POSTS E.S.P. CHEMUNG 8' U Channel posts 2 lb. 6.78 5.97 4' U Channel starter posts 21b 3.60 2.94 U Channel post caps 4.25 4.44 Extruded Cross pieces (alum) 4.25 4.44 6 Delineators 1.2 lb 3.20 3.14 The Highway Superintendent recommends the bid for posts and delineators be awarded to Chemung and the post caps and cross pieces be awarded to E.S.P. 1996 TOWN RECYCLING BULK PICKUP Only one bid was received and the Highway Superintendent recommend we award the bid to Royal Carting Service. (see below) PROPOSAL We, the undersigned, propose to furnish the Town of Wappinger a Town Clean-up bid as follows: 1. $78.50 per hour 2. $50/$69 per ton 3. $0.00 per ton 5. $75 per ton BIDDER ROYAL CARTING SERVICE ROUTE 82, PO BOX 1209 HOPEWELL JUNCTION, NY 12533-1209 BASINS E.S.P. 24 x 24 ID Concrete Basins 24" 119.90 30" NB 36" 150.00 30 x 48 ID Concrete Basins 24" NB 30" 185.00 Page 18 FAIRVIEW BLOCK 90.00 110.00 NB 180.00 195.00 9 IWA M F� 42" 199.00 NB wnewrzmwe 7,A The Highway Superintendent recommends the bid for 24 & 30" be awarded to Fairview and 36" to E.S.P. (24 x 24) The Highway Superintendent recommends the bid for 24" be awarded to Fairview and 30 & 42" to E.S.P. (30 x 48) MANHOLE LIDS rr 24" 25 3/4" 26" E.S.P. FAIRVIEW BLOCK 58.00 110.00 70.00 NB NB NB The Highway Superintendent recommend the bid for manhole lids be awarded to E.S.P. MANHOLE RISERS E.S.P. FAIRVIEW BLOCK 2 x 24 49.95 NB 2 x 25 3/8 NB NB 2 x 25 3/4 54.95 NB The Highway Superintendent recommends the bid for manhole risers be awarded to E.S.P. WATER VALVE BOX RISERS E.S.P. FAIRVIEW BLOCK 7 1/2 x 1 5.50 NB 7 1/2 x 2 8.75 NB 7 1/2 x 3 12.00 NB The Highway Superintendent recommends the bid for water valve box risers be awarded to E.S.P. k GRATES & FRAMES E.S.P. FAIRVIEW BLOCK 24 x 24 94.00 97.00 30 x 48 218.00 239.00 30 x 30 113.00 148.00 The Highway Superintendent recommends the bid for grates & frames be awarded to E.S.P. ROAD AGGREGATES CRUSHED STONE The Highway Superintendent recommends the bid for crushed stone be awarded to Blacktop Maintenance Corp. RUN OF BANK GRAVEL The Highway Superintendent recommends the bid for run of bank gravel be awarded to Route 82 Sand & Gravel. WASHED GRAVEL The Highway Superintendent recommends the bid for washed gravel be awarded to Route 82 Sand & Gravel with Clove as a backup. ITEM 4 The Highway Superintendent recommends the bid for ITEM 4 be awarded to Clove Excavators. Page 19 3S • . eY*A[.N; ; SNOW/ICE AGGREGATE The Highway Superintendent recommends the bid for snow/ice aggregate be awarded to Clove Excavators. TOP SOIL The Highway Superintendent recommends the bid for top soil be awarded to Blacktop Maintenance Corp. CULVERT PIPE The Highway Superintendent recommends the bid for 12", 15", 24", 48", 6" perf., 8" perf., 10" perf., be awarded to E.S.P. The Highway Superintendent recommends the bid for 18", 30", 36" and 60" be awarded to Chemung. A.D.S. REG E.S.P. PER FOOT 12" CORRUGATED METAL E.S.P. CHEMUNG 12" - 16 ga. 4.24 4.39 15" - 16 ga. 5.39 5.47 18" - 16 ga. 6.63 6.54 24" - 14 ga. 10.05 10.09 30" - 14 ga. 12.80 12.58 36" - 12 ga. 20.50 20.48 48" - 12 ga. 27.10 27.17 60" - 10 ga. 42.15 41.33 6" perf. 1.70 2.03 8" perf. 2.22 3.21 10" perf. 2.80 3.99 Bands same as 1' pipe same as 1' pipe The Highway Superintendent recommends the bid for 12", 15", 24", 48", 6" perf., 8" perf., 10" perf., be awarded to E.S.P. The Highway Superintendent recommends the bid for 18", 30", 36" and 60" be awarded to Chemung. A.D.S. REG E.S.P. CHEMUNG 12" 2.51 2.61 15" 3.43 3.57 18" 5.49 5.71 24" 8.71 9.04 The Highway Superintendent recommends the bid for A.D.S. Reg be awarded to E.S.P. A.D.S. N12 E.S.P. CHEMUNG 12" 2.99 3.13 15" 4.02 4.19 18" 5.97 6.24 24" 8.99 9.39 30" 15.24 15.88 36" 17.65 18.42 The Highway Superintendent recommends the bid for A.D.S. N12 be awarded to E.S.P. COUNCILWOMAN VISCONTI moved to award the Bids as recommended by the Highway Superintendent, Graham Foster. Seconded by Mr. Valdati Page 20 39 960226.RGM Motion Unanimously Carried Next is a request from Debbie Brown, Water/Sewer Billing, for permission to refund 5 homeowners, due to a Billing error. Last billing quarter there was a problem with the meter reading L( gun and five accounts read incorrectly. The gun has been fixed o and readings corrected, but permission is needed to refund the i,,, homeowners as they overpaid last quarter. The names, addresses and dollar amounts are: 1) Patel, 3 Aspen Court $61.44 2) Davies, 5 Aspen Court $64 3) Padilla, 27 Blackthorn Loop $51.20 4) Simmons, 22 Blackthorn Loop $14.08 5) Mitchell, 6 Blackthorn Loop $56.32. A letter of apology with an explanation was sent to each of the homeowners. COUNCILWOMAN VISCONTI moved to authorize the Comptrollers office to issue each of the above homeowners who overpaid, a refund. Seconded by Mr. Valdati Motion Unanimously Carried Lastly an estimate from Clean Ceilings Etc. Corporation, to clean ceiling tiles and wall surfaces in several locations of the Town Hall. The estimated cost is $2,095.15. Mrs. Smith informed the Board that this is the only Company that does this kind of work, that is the reason for only one proposal. COUNCILWOMAN VISCONTI moved to accept the proposal from Clean Ceilings Etc. Corporation for $2,095.15 to clean ceiling tiles and wall surfaces of the Town Hall, and authorize the Supervisor to sign the contract. Seconded by Mr. Bettina Motion Unanimously Carried %W UNFINISHED BUSINESS A cost estimate from CAMO Pollution for the installation of Linserts into Manholes in the Areas potentially served by the Tri -Municipal Sewer District. The cost for CAMO to install 600-650 inserts is $100 per manhole. This cost includes the Page 21 46 960226.RGM insert and labor required to install the inserts. COUNCILWOMAN VISCONTI moved to authorize CAMO Pollution Control to install 600-650 inserts into the manholes served by the Tri -Municipal Sewer District at a cost of $100 per manhole. Seconded by Mr. Bettina Motion Unanimously Carried Several other items Supervisor Smith had for the Board Members. SUPERVISOR SMITH was told in order to get a 30 mph speed limit on CR 93 she would need a letter from the Dutchess County Sheriffs Department. She contacted them and is still waiting for the letter. Also, Mrs. Smith received a notice of a Public Hearing for the Klassen Builders for March 14, 1996 at 7:30 for the Emergency Road. They have a new plan. There will still be a Road, but the Town is going to build it back further so it is not near the Town of Wappinger. Notice of a St. Patrick's Day Parade Saturday, March 9th, in the Village of Wappingers. They will be lining up at 12:00 Noon and will be starting at 1:00 PM at the VFW Hall. COUNCILMAN VALDATI has been asked by the Mayor of the Village to clarify some items concerning Dog Control. Mr. Valdati was not prepared to answer all his questions. It would be reasonable to sit with him to answer all his questions. Perhaps we can include this on a workshop. Mrs. Smith said that she has requested the Dog Control Officer, when she does her reports, to separate Village calls from Town calls, so we have a record to show the Village. Mrs. Smith said she would put this issue on a workshop. She would also notify the Mayor of the Village so he can attend. Jay Paggi, Engineer to the Town informed the Board that he is ready to present at a Workshop, to the Town Board and Rockingham residents if they wish, the proposed drainage improvement Page 22 41 960226.RGM project for Rockingham. He wishes to schedule 2 meetings in March so he can be authorized to go out to bid at the March Town Board Meeting. At this time Craig O'Donnell was recognized by the Chair and he read the following Statement: My name is Craig O'Donnell, I live on 225 Wheeler Hill Road and I am President of O'Donnell Development Corporation of Hughsonville. Also past President of the Builders Association of the Hudson Valley, on the Board of Directors of NYS Builders Association in Albany, on the Board of Directors of the National Association of Washington, D.C. Served as Building Representative of the Town of Wappinger for the Comprehensive Planning Committee, Trustee of NYS Builders Association. Over the last 14 years I have built approximately 200 Single Family Custom Homes in Southern Dutchess County. From what I have been told by others in the Real Estate and Business Community, O'Donnell Development has an excellent reputation for quality, value, honesty, reliability of homes we build and the service we provide our customers. The reason I asked to speak to the Board tonight, is to express my concern on behalf of the Building and Business Communities that the Town is sending a message of non -growth and anti -business during a time when Business's are still trying to recover from the hard economic times of the late 80's and early 90's. At a recent meeting I had with some Town Representatives, it was stated to me that the Home Builders do nothing to help the Town. That in fact, they hurt the Town and are a detriment to the financial well being of the Town. My company has generated tens of millions of dollars in this Town and to have a statement of this nature expressed to me, is not only ignorant and untrue, it borders on being illegal, as it denies the landowners of this Town their right to do with their land as it was zoned and approved for. On many Page 23 960226.RGM instances I have heard Board Members speak of economic development as ways of providing jobs. I would like to point out that O'Donnell Development has provided hundreds of jobs to the Local Tradesmen and professionals who all live in the surrounding communities, including Wappinger. Many of the tradesmen are taxpayers and homeowners who rely on O'Donnell Development to provide them with work and income to support their families. I would like to know why the Town of Wappingers feels that these people don't have the right to work here or anything they do that is connected with the home building industry. For every home I build there are approximately 215 people to come on that specific site in the form of jobs. Home building is the main attraction trade and these tradesmen do not earn minimum wage. Why then all the red tape for policies and procedures and bureaucracy in a Town second to none. In no other Town do you have the barrage with the type of paperwork for profit that you do here. All of this is simply to protect the homeowner and taxpayer, but isn't the Builder and Developer a taxpayer also? There is no better way to provide non -minimum wage jobs than promoting and working hand in hand with the Home Building Industry. The Home Building and Construction Industry is the second largest Industry in this country only behind the government itself. Our industry is the leading economic indicator in this country from which all economic forecasts are drawn. Why then, does the Town of Wappinger choose to discriminate against the Home Builders if they are providing the very thing the Board professes it wants to bring to the Town. As you already know, I do not build entry level homes, the price range for my homes are between $240,000 to $350,000. The typical home buyer in this price range are empty nesters or small families with 1 or 2 children in our local schools. I also build for professional couples with no children. These are people who pay $5,000 or $6,000 in annual taxes to the Town Page 24 960226.RGM and require little or no services. How can O'Donnell Development hurt the Town financially? I turn people's property who would be paying a few thousand dollars, into a community that is paying hundreds of thousands of dollars annually. It has been said to others and myself that the children that are brought into the community school systems is what hurts the Town financially. What is wrong with other children enjoying the same environment, schools and neighborhoods as your and my children enjoy. In recent years I have committed myself to an annual Community Service Project. In 1994 I built a home for the Dutchess County Association for retarded citizens where mentally retarded men now live in Red Oaks Mill. Through fund raising and contributions through my contractors and suppliers, I was able to deed the entire house to the ARC free and clear. In 1995 I built a concession stand for the children's Soccer field at Airport Drive. Though I was called a fool by Town Representatives for getting involved with the soccer club and not getting paid for it, I am happy to say I completed the job on time and saved the Soccer Club thousands of dollars. This year I will be working with the Town of Fishkill on the concession stand at their Little League Field and the Town is very excited and appreciative we get this project started in the Spring. In no other Town that I built, Wappinger is the only Town where the Town Engineer gets involved with every house. As a matter of fact I have never had a Town Engineer on any of my jobs in any other town. Only in Wappinger does the Town Engineer inspect and scrutinize every house that I build. Only in Wappinger do you have to submit a proposed Plot Plan and if the "as built" does not match the proposed plan, the Builder is considered incompetent and unqualified. When anyone questions this practice, they are told this practice is to prevent problems. In Wappingers there always seems to be a Page 25 42 960226.RGM problem or crisis continually. In every other Town, the Building Inspector did the final inspection, here the Engineer has to inspect. It seems the Town is paying the Building Inspector and the Town Engineer to do the same job twice. As one of the highest paying residential tax payers in the Town of Wappinger, I hope the Board realizes that this current campaign to work me out of the Town will not work. I will not be intimidated by the continuing vendetta against me. I feel that my Company is an asset to this Town and I will continue to offer quality new homes in this community to people who choose to live here, as you and I do. All I ask is that the Town is concerned that all builders follow the state, national and Town Building and Zoning Codes and the personal feelings of Town Representatives is kept to themselves and does not interfere with Town Business. In closing, let me reiterate that O'Donnell Development will continue to build quality custom homes in the Town of Wappinger, for many years to come and will not be intimidated. Hopefully the Board will take my comments and will make Wappinger a better place to do business in the future. Thank You. SUPERVISOR SMITH moved that in the future, Mr. O'Donnell's comments be discussed with the Town Board at an Executive Session. Seconded by Mr. Bettina Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN RUGGIERO move to adjourn the Town Board Meeting, seconded by Mr. Valdati and Unanimously Carried. The Town Board Meeting adjourned at 1 •10 P.M. &V, C6, Elaine H. Snowden Town Clerk Page 26 960226.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 26, 1996, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law amending Local Law #12 of 1984, Local Law #9 of 1988 and Local Law #5 of 1994 with respect to the establishment of water rates for Rockingham Sewer District. Supervisor Smith opened the Hearing at 7:20 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman (Arrived at 7:30 P.M.) Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Engineer to the Town Graham Foster, Highway Superintendent Thomas Logan, Assessor _ The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Meeting). The 'rate shall be increased from $75.00 per quarter flat rate to $85.00 per quarter flat rat a starting the 12/l/96-2/29/96 service period. Supervisor Smith said the increase is due to operation and maintenance charges to Tri -Municipal Sewer. which Rockingham will be hooked into in June. Supervisor Smith asked if there were any questions or comments from the audience. Teresa Macur of Davies Drive stated that she bought her home in 1969 and the development had its own sewer & water. That was one of the reasons they bought in the development, why are the costs going up. Mrs. Smith explained you are hooking into Tri -Muni and while we did not have a consent order from the DEC, at the time, we had the consent order for Oakwood, mandated because of pollution/overflowing, (1) 960226.PH and we were sited by the DEC. They informed us at the time that. Rockingham was next on the list to be sited and we decided in 1991 to do them both together. We also lost a lot of Benefit Units because of the loss of business on Myers Corners Road. Mr. Paggi, Engineer to the Town went on to explained the reason for the increase in costs. Rockingham will be hooking into the Tri -Muni between June and July, and the costs have been prorated for half a year. There were no other comments or questions. COUNCILMAN BETTINA moved to close the Public Hearing, Seconded by Mr. Valdati and Unanimously Carried. COUNCILMAN Bettina moved to reopen the Public Hearing to include other information that might be of interest to the Public. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Ruggiero read a letter from Angela Cavelli of 68 Carrol Drive regarding the increase of sewer & water rates. She feels it is a financial burden for the homeowner, where does it stop. Mr. Ruggiero commented that the first year in Tri -Muni will be the most difficult, because we have nothing to measure against. After this first year we will have a better understanding of what the rates will be. One of the residents stated that when these homes were built, they had their own sewer and water plant, what happened. Mr. Paggi explained that the developer who owned the sewer and water plants let them go into disrepair. The Town was petitioned by the Homeowners in the 70's to take over the district. John Badar asked if the combining of the two sewer districts is going to improve the sewer lines. Mr. Paggi went on to explain what renovations would consist of and what would be done. There were no more comments or questions. (2) 960226.PH COUNCILWOMAN VISCONTI moved to close the Public Hearing. Seconded by Mr. Bettina Motion Unanimously Carried The Public Hearing closed at 7:35 P.M. Elaine H. Snowden Town Clerk (3) TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE �1r+ PROPOSED LOCAL LAW AMENDING PREVIOUS LOCAL LAWS ON THE ESTABLISHMENT OF SEWER RATES FOR ROCKINGHAM SEWER DISTRICT ---------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 February 14, 1996, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law on sewer use for Rockingham Sewer District, 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. Elaine H. Snowden Town Clerk Town of Wappinger rr Sworn to before me this day of� 1996 NOTARY PUBLIC S_ft,1�q PA. 1.11 Ic'r:9 tdctn Pctalc, Sate of New"10ft Nc 2331i"i in Dutchesc County tc'mrnis• ! Erpire3 tt`/31119_.i. Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Notary Public My commission expires ................................. NOTiAV TATE W�V 1n GUALIFiTD 1?1 CL-clo-"Gnmy # 14.1%53f C'2,"/� f ..Joan Miller ........................................................ of the NOTICE IS HEREBY ONENthat the. Town of Wappinger, Dutchess County, New York, Town Board of theTown of Wspplr; willconduct Fe �,,Hearing being duly sworn, says that he is, and at the several ,1,.20 P.M:, at the Towti" ali,'.Town of. w/�Ingor 20 MI bus Bookkeeper times hereinafter was, the .............................. Wappingers Falb, N fihallhs tlMeYl turd shell have an opporttrrtity to be Mab of the SOUTHERN DUTCHESS NEWS, a Tom°, mer �' � newspaper printed and published every Wednesday posed Local Law Amending Local Law 05 of the year 1994 *kh respect to the establishment of Sewar rates in the Town of Wappinger, Dutchess County, New for the Rockingham Sewer DlebkY. PLEASE TAKE FURTHER NOTICE that copies of the said Local Law of 1 York, and that the annexed NOTICE was duly 1998 are available for review and In. epectlon at On Office of the Town O n e published in the said newspaper for ..........weeks Clark on weekdays from 8:30 A.M. to 4:00 P.M, at the Town Hall, 20 successively in each week, commencing on the Middlebush Rd., Wappingers Falls, New York. BY ORDER OF THE TOWN 14th Februar 96 ........... day of .............Y..... 19..... and on the BOARD OF THE TOWN OF WAPPINOER following dates thereafter, namely on Elaine H. Snowden Torn Clark Dated: February 6, 1996 .................................. .I.............................. and ending on the ...14t,,, day of ,Feb;,_..,. 19.9 6 both days inclusive. _ Subscribed and sworn to before me this „14th . day of ,Feb"ary 1§96. . �.r.. 1. Notary Public My commission expires ................................. NOTiAV TATE W�V 1n GUALIFiTD 1?1 CL-clo-"Gnmy # 14.1%53f C'2,"/� f 960226.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 26, 1996, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law amending Local Law #5 of 1976, Local Law #14 of 1984, Local Law #10 of 1985, Local Law #10 of 1988, Local Law #1 of 1991, Local Law #2 of 1992 and Local Law #13 of 1992 establishing Sewer Rates in Wappinger Sewer Improvement Area #1. Supervisor Smith opened the Hearing at 7:35 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Engineer to the Town i" Graham Foster, Highway Superintendent Thomas Logan, Assessor The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Meeting). The rate shall be increased from $75.00 per quarter flat rate to $120.00 per quarter flat rate starting the 1/1/96-3/31/96 service period. Supervisor Smith said this is due to the Benefit Unit increase because of the former IBM building on Myers Corners Road and the estimated 0 & M charges from the Tri -Muni. Wappinger Sewer Improvement Area #1 is completely hooked into the Tri -Muni. Mr. Paggi went over the costs and l what the sewer rates were based on. Additional money is needed due to the amount of users which decreased, caused by the reassessment of the former IBM building on Myers Corners Road. Assessor, Tom Logan went on to explain that by law, Benefit (1) 960226.PH Units are determined on an "income basis" for Commercial' Buildings. That income will determine what the value of the building is, in the case of the former IBM buildings, the rents received by the owners was reduced to 1/3 of what it was. SUPERVISOR SMITH asked if there were any questions or comments from the audience. Gary Lindstrom said he did not mind paying for the Tri -muni, he would like to pay his own fair share, but does not believe Benefit Units is the way to do it, he would like to have his metered. Howard Acker said when he conserves water in the summer he receives no credit. Mr. Paggi said we must keep a track record for a year and rates should come closer together by then. Charles Pallazo re: Laerdal, how come they are not paying as much as IBM? What has that got to do with sewage? Mr. Paggi, explained, the amount' of rent the tenant pays the owner has a lot to do with the assessment of the building. It is not based on water usage. They pay more than the average home owner. Judy Cooper understands the former IBM building is not fully occupied at this time. Will sewer rates go down if all of the former IBM Building is occupied. Mr. Paggi remarked, maybe, it is too soon to know. Sherman Colton of Ardmore Drive asked if there was any Federal or State Aid available. Supervisor Smith said, because we were polluters and we didn't take care this in 1973, or 1974, Wappingers was not eligible for any Grants. We were able to join the State Revolving Fund and saved a few million dollars on the new phase. There are no more Grants out there, the best we can do now is low interest loans. Mr. Valdati informed the residents that the Town of Wappinger will be meeting in Executive Session with the Village of Wappinger to i discuss membership on the Commission. There were no other questions or comments. COUNCILWOMAN VISCONTI moved to close the Public Hearing, (2) • • O��:1A1: Seconded by Mr. Bettina and Unanimously Carried. The Public Hearing Closed at 8:15 P.M. Elaine H. Snowden Town Clerk (3) 0 TOWN BOARD: TOWN OF WAPPINGFR DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING PREVIOUS LOCAL LAWS ON THE ESTABLISHMENT OF SEWER RATES FOR WAPPINGFR SEWER IMPROVEMENT AREA # 1 ----------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 February 14, 1996, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law on sewer use for Wappinger Sewer Improvment Area #1, 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. C _ Sworn to before me this o7�_ day of -i1WQA44 1996 NOTARY PUBLIC h! try I', 44vc of Vew"Odc Nr. ,.,'117- ) (iG _.. E^ rugs M/31/19_.._. 4 Elaine H. Snowden Town Clerk Town of Wappinger Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ...Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly pubUshed in the said newspaper for one weeks successively in each week, commencing on the „14th, day of February.,,, 19.96 and on the following dates thereafter, namely on and ending on the ... 14c.h... day of .Feb.....,, 19.96 both days inclusive. Subscribed and sworn to before me this „14th ,day of ,Fehrany 1996 ............. . .. Notary Public My commission expires ................................. + Tii a1rART TAS t: IN% r(� N 14-465X 2 1pum EXPF;%fs UAX1131.12.k NOTICE IS HEREBY GIVEN that the Town Board d theTown d Wuppinger will conduct ti Public Hearing on the 26th day of f ebrts1898 at 7:21 P.M. at the Town%all, Town of Wappinger,'20,Middlebush Rd-, Wappingers Falb, NewYark, at which tine all peNselp tnteresl and dozens shall have an opportunMy to be heard as to whether the Town Board of the Town ol Wappkger ahe8 adopt a pro- {joaed Local Law Amendlnp Local' 4aw 013 ofthe year I ON with respect tQ the establishment of Rates In the Wappinger Bewei Improve- ment Area 01. PLEASE TAKE FURTHER NOTICE that copies of the said Local Law of 1998 are available for review and in- spection at the Office of the Town Clerk on weekdays from 8:30 A.M. to 4:00 P.M. at the Town Hall. 20 Middlebush Rd.. Wappingers Fells, New York. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINOER Elaine H. Snowden Town Clerk Dated: February 6, 1998 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ...Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly pubUshed in the said newspaper for one weeks successively in each week, commencing on the „14th, day of February.,,, 19.96 and on the following dates thereafter, namely on and ending on the ... 14c.h... day of .Feb.....,, 19.96 both days inclusive. Subscribed and sworn to before me this „14th ,day of ,Fehrany 1996 ............. . .. Notary Public My commission expires ................................. + Tii a1rART TAS t: IN% r(� N 14-465X 2 1pum EXPF;%fs UAX1131.12.k 960226.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 26, 1996, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law amending Local Law #10 of 1991, Local Law #1 of 1992, relating to the imposition, charge and collection of water rates for the consumption and use of water for the North Wappinger Water District of the Town of Wappinger. Supervisor Smith opened the Hearing at 8:15 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Engineer to the Town Graham Foster, Highway Superintendent Thomas Logan, Assessor The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Meeting). The water charge for each residential customer is going from $15 minimum for any usage up to and including 15,000 gallons - over 15,000 gallons an additional $1.00 per 1,000 gallons TO $25 minimum for any usage up to and including 15,000 gallons - over 15,000 gallons an additional $1.50 per 1,000 gallons. Supervisor Smith explained the reason for the increase. We had an excess amount of money, that was all used up. Also the loss of Benefit Units. SUPERVISOR SMITH asked if anyone had any questions or comments. Paul Salves, of Quiet Acres re: On the former IBM building. Do (1) 960226.PH you mean the more they use, the more they pay? Supervisor Smith answered, yes. A. J. Poulios of Wendy Road thinks the Town should be more concerned with the quality of the water before they ask for an increase. Another Quiet Acres resident said he had lived in the Atlas Water District for 20 years, and the water is worse now than when Atlas had the plant. When Atlas owned it he changed the water filter in his house every 6-8 months, and all you would see was a little black on the white cartridge. The filter he brought in today, was covered with 2 inches of sludge and mud and completely black. He informed the Board it had only been on for three months. He can't understand paying an increase for inferior water. Its another example that Government can't supply what private industry can supply. Mrs. Smith said since the Town took over Atlas, fire hydrants had been installed to flush out the water. Videos were also brought in to check it out. Another resident brought in water that she collected from her home to show the Board Members and it was discolored. Mr. Valdati said there must be some explanation for the quality of this water, perhaps the manager of the water plant should sit down with the Town Board. One of the residents asked Mrs. Smith what actions would be taken to clean up the water. Mrs. Smith answered, she would contact Mr. Tremper of CAMO Pollution to look into this, to see what can be done to improve the quality of the water. If it is going to cost anything there will be a public information meeting with the residents to discuss the costs and if they wish, to spend the money. One of the Residents also asked how the chlorine is added to the system and Mr. Paggi went on to explain the procedure used to add chlorine to the water system. There were no more comments or questions. (2) I 960226.PH COUNCILWOMAN VISCONTI moved to close the Public Hearing, Seconded by Mr. Bettina and Unanimously Carried. The Public Hearing Closed at 8:45 P.M. Elaine H. Snowden Town Clerk (3) TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING•PREVIOUS 114,., LOCAL LAWS ON THE ESTABLISHMENT OF WATER RATES FOR NORTH WAPPINGER WATER DISTRICT ---------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 February 14, 1996, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law on water use for Wappinger Sewer Improvment Area #1, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Read, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger �r Sworn to before me this o2G, day of C�t�Z�C _ 1996 NOTARY PUBLIC c_tt,r;�A n;. i.Ptrr (;j ��C'v; f'('; I 64itr of Netiv Oft" ����pr.s I•i Dntchr��,, a- 7 r,nritY.4 ia.3 i/i? n Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, NOTICE IS HEREBY GIVEN that the being duly sworn, says that he is, and at the several Town Board of theTown of Wappinger I will conduct a Public Hearing on the times hereinafter was, the B o o kk a e� e r 26th day of February, 1896 at 7:22 ........... .... • • . • • Wappinger, 20 MI deeibushrRd f of the SOUTHERN DUTCHESS' NEWS, a Wappingers Falls, NY at which time all parties interest andcitizens shell have an opportunity to b,heard newspaper printed and published every Wednesday as to whether the Town Board of the Town of Wappinger shall adopt a pro. in the Town of Wappinger, Dutchess County, New posed Local Law Amending Local Lawe,, x'992' relating to th. Im. position charge and collection oof York, that the annexed NOTICE was dui posf or, any Water hates for the consumption and use WAPPINGER WATERthe DISTRICT of published in the said newspaper for One....weeks the Town of Wappirl8er, PLEASE TAKE -FURTHER NOTICE successively in each week, commencing on the that copies of the said Local Law of 14th y F e b r u a r 9 6 IMamwel"s,lornviewandIn• ,.141..,, da of Y. 19..... and on the spectlon at the Office of the Town • • • • • • • ... • . • • • • . Clerk on weekdays from 8:30 A.M. i to 1:00 P.M. at the Town Hall, 20 following dates thereafter, namely on Middlebush Rd., We ngers Falls, New -York. BYORDER OF THE TOWN................................................................. BOARD OF THE TOWN OF WAPPINGER and ending on the ,,,14th.., day of Feb......, Elaine H. Snowden Town clerk 19.96 both days inclusive. Dated: February 6, 1998 Subscribed and sworn to before me this „14th_., day of _Feb uary 96 .......�. %... � k Notary Public My commission expires ................................. RACHEL 1ti"�;;^.RT �'3' 0y PlAILIC, STAT: OJAURFO IN D'JTCHECS CX,dIy N 144.35.5,2 61 OXOMON EXP. ic'a AV qC4 �1, 1a. �,