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1991-02-27 SPM67 A Special Meeting of the Town Board of the Town of Wappinger was held on February 27, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the meeting at 7:34 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: Joseph Incoronato, Councilman June Visconti, Councilwoman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Matthew D. Rudikoff, Consultant This Meeting was set at the regular meeting of January 28, 1991 for the sole purpose of accepting the F.E.I.S for formation of a sewer improvement and agreement with Tri -Municipal Sewer Commission to treat wastewater from the Town of Wappinger. The Supervisor indicated that Mr. Incoronato had talked to her earlier and informed her that after reviewing the F.E.I.S. he had no problem with the Board accepting it. Mr. Rudikoff addressed the Board and asked them to confirm receipt of the F.E.I.S. on February 25, 1991 and if they feel it is complete they can then accept it. We want to make sure that you understand the issues and we would like to answer any questions you may have. His Associate, Anne Conroy noted that the draft that the Board received on the 26th of February, 1991, addressed one of the D.E.C. comments which had to do with Ground Water impacts. Since then we felt that it was appropriate to expand on the analysis and add the 4th paragraph on page 35 which included the analysis of the fact that there is vacant land within. The existing Rockingham Sewer District and Wappinger Sewer Improvement Area #1, such as Cranberry Hills Subdivision, Brookvale Subdivision, Hill -Dale and Angel Hill Subdivision. However, these vacant lands were always in the Sewer District anyway. On Page 36 an additional paragraph was added before Public Access which also states that the storm management guidelines for new development which has been referenced in other comments not only will mitigate the impact on erosion and sedimentation control, but in fact, they .will mitigate, to some extent, impacts on groundwater recharge because they are going to be diverting storm water runoff to upland retention areas. Mrs. Smith referred to Mrs. Beneway's comments re the referendum; the Attorney said that the issue is not Town -Wide and therefore is not subject to a referendum. Mrs. Smith asked about the referendum that was declared illegal, should they refer to that. Mr. Roberts replied that the judge found that the Town Board had given up its legislative duty and delegated it to the public and it was their responsibility to utilize their powers. The question was raised regarding the comment on the obligation of outside users to WSIA#l. Mr. Rudikoff stated that after much research in the resolution , petition, map plan and report for the formation of WSIA#1, there is not any reference to this future commitment for future users to pay something back to #1, however, in a Town Board Resolution, there was a reference to it. That is the only place it is mentioned. It was never mentioned in the formation of WSIA#l, so the whole technical legality of it is something we have a question about. They had discussed what the impact would be since the whole thing only cost $200,000 and the amount of benefit would only be a portion of that since the line is 18 years old with an expected life of 20 years. In consideration of these factors, the Town has chosen not to pursue this any further. Mr. Valdati asked if the residents in WSIA#1 are entitled to some reimbursenerttfor the Spook Hill Trunk and Mr. Rudikoff replied that it is a complicated question with no clear answer at this time. The Engineer noted that WSIA#2 was never formed and we are not talking about that now. The Town Board has the latitiri.e of changing the benefit table to include all sewer improvements on a yearly basis. Benefit units can be changed although not arbitrarily. WSIA#1 is a Town owned entity serving a specific district. Mrs. Smith said this was a fair comment and it is good that it came up so it could be dealt with in the FEIS. Mr. Valdati put it this way ---let's say this is mine and I paid for it and if you had to lay that pipe at today's dollars and perform all that is necessary to put that pipe in there for the benefit of the people in Rockingham, what would it cost. The way to handle it, Mr. Rudikoff replied, is the same way Tri -Municipal handled it by letting you buy in at the cost that actually was incurred at the time the improvement was made. As far as Mr. Valdati was concerned, they could put this to bed, everything can be looked at in retrospect. Mr. Paggi wanted to discuss comment #6 on pg. 5 of the FEIS regarding infiltration inflow. Mike Tremper (Camo Pollution Control) and he had collected about four months of data which proved to very success- ful and he believes they are going to find that the remaining exchange of flow, whether it is inflow or infiltration, (they don't know yet) is coming from the lateral lines and not the main line. Of the six areas, two areas, they believe, could contribute to the main line, the other areas, no, because they are not in a groundwater situation although the pipe has been damaged structurally and should be replaced. No matter what, that could be considered into it. Mr. Paggi, comment 11, page 12 re why are we considering providing service to the 3mgd area; the response to that is the reason that promulgated this whole action and deals with the existing soil conditions, development conditions and population density and the population trends in the towns. The next item he wanted to discuss was on page 28 regarding that they agree with going into the Tri -Municipal Sewer Project, however it is not the only viable option. The response on pg. 29-30, states if negotiations between the Town and Tri -Municipal should break down for any reasons, the Town commits to resolve its existing sewer problems, i.e. WSIA#l. This commitment will be presented in the Findings Statement. That is the single most important commitment that the Findings is going to be making. If, in July 1991, the contract has not been executed and significant differences remain or whatever, the Town has committed themselves at that point in time to stay on schedule ---we have to stay on this schedule. Mr. Rudikoff noted that in the Findings Statement they are saying that sometime after the Improvement is formed that we will authorize some kind of an appropriate feasibility study and conceptual plans to bring service to the 3mgd area. Mr.Paggi responded that when they went to Audit and Control, the representative's words were that if we went down to year five and we see that it's not going to take ten years, its's going to be twelve years, the Town B rd, at that point in time can adjust 70 the payment schedule to reflect that change, which is #1 ---then #2, if you get down into year five, and find it's not going to be ten years, but eight years, the Town Board at that point can accelerate the increase in the pert,:.-:Itage. #3 ---if you get down to year five and you find that the cost of providing service to Phase III would be an economic burden on the residents of Phase III, they can then adjust the percentage of the payemnt factors down to whatever factor the Board then feels equitable. Mr. Rudikoff felt it was the appropriate time to say that at the Association of Towns Meeting, Sheilla Gordon from Audit & Control came to Anne Conroy and him to say how well prepared the Town Officials were for that meeting and that she has never had a community come to her to explain at a preliminary type meeting on an Improvement and had all the answers and the whole thing planned out. There was a brief discussion on the bonds and payment years. RE: AUTORIZATION TO ACCEPT AS COMPLETE AND CIRCULATE FOR PUBLIC COMMENTS A FINAL ENVIRONMENTAL IMPACT STATEMENT FOR FORMATION OF A SEWER IMPROVEMENT AND AGREEMENT WITH TRI -MUNICIPAL SEWER COMMISSION TO TREAT WASTEWATER FROM THE TOWN OF WAPPINGER The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger (hereinafter the "Town Board") is considering entering into an agreement with the Tri -Municipal Sewer Commission to authorize expansion of the wastewater treatment plant and formation of a Sewer Improvement to deliver up to 4 mgd of wastewater to the Tri -Municipal Sewer Commission plant for treatment; and WHEREAS, the Town Board designated itself as the lead agency in connection with proceedings being conducted pursuant to article 8 of the Envirommental Conservation Law and 6 NYCRR Part 617 (collectively, SEQRA) regarding the formation of the Sewer Improvement; and WHEREAS, the Town Board (1) determined that the proposed action may have a significant impact on the environment; (2) circulated the positive declaration and notice of intent to prepare a Draft Environmental Impact Statement to all interested and involved agencies; and (3) conducted a public scoping session at which the public and interested agencies provided information concerning the scope of the DEIS; (4) authorized and directed its staff and consultants to prepare a DEIS; (5) accepted a DEIS as complete on November 26, 1990; (6) circulated the DEIS to the public and involved and interested agencies; (7) held a public on the DEIS on January 14, 1991; (8) accepted written comments until February 18, 1991; and WHEREAS, the Town Board directed its consultants to respond to all comments; and 71 WHEREAS, the Town Board has received on February 25, 1991 a document containing all comments and responses and additions and supplements to the EIS which together constitute the FEIS; and WHEREAS, the Town Board has reviewed the document and received an amendment to pages 35 through 38; NOW, THEREFORE, BE IT RESOLVED, that the Town Board accepts the FEIS as complete; and BE IT FURTHER RESOLVED, that the Town authorizes its consultants to circulate the FEIS to the public, involved and interested agencies for comment until March 10, 1991. Seconded by: Councilman Valdati Roll Call Vote: 3 Ayes 0 Nays Absent ---Councilman Incoronato Councilwoman Visconti Resolution Duly Adopted It was noted that the Findings Statement will be adopted at a Special Meeting to be held on March 11, 1991. There was no other business to come before the Board. COUNCILMAN FANUELE moved to close the Special Meeting, seconded by Supervisor Smith and unanimously carried. The Special Meeting closed at 8:30 P.M. Elaine H. Snowden Town Clerk Spl. Mtg. 2/27/91