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1976-12-09 PHA Public Hearing was held by the Town Board of the Town of Wappinger on December 9, 197(, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a proposed Local Law Establishing Rates for the Fleetwood Sewer District, setting the rate at $1.99 per 1,000 gallons. Supervisor Diehl opened the Hearing at 7:06 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Matthew Ryan, Comptroller Jon H. Adams, Attorney The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. This notice was published in both W&SD News and the Poughkeepsie Journal. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Mr. Incoronato asked about a figure of $13,572 for Camo Pollution; it should be $13,200. Pete Muro, Midge Drive, asked if there was a surplus of $372. He asked about a water and sewer department for the Town. He asked about the operators and who responds to problems. What about the hydrants - who repairs them. Jerry Schuder, 15 Kretch Circle asked if there were other bids for operating the plants than Camo. He was told New and Used Water & Standard also bid; New and Used was low bidder, but because of the fact that they were new and un- known, and due to the experience and performance of Camo in the past, the Board awarded Camo the bid. Mr. Schuder asked about an item of $6,500 to Axton Cross - what was that; Mr. Diehl explained this was a combination of chemicals from Axton Cross, Central Hudson light bill, this is for a nine month period - $6,200 + #00 figuring on a 12 month period. Mr. Morris asked about the church that was hooked up to Fleetwood Water and Sewer, was the rate the same. George Leibler asked about a $500 figure - equipment on testing for building at Oakwood, a central building where repairs could be made by Camo. Tony Cerrato, Ronsue Drive, referring to the water district, thought it should be left alone, not to spend money on it. How- ever, Mr. Diehl reminded him this was a hearing on sewer rates. They would do nothing on water unless it was mandated by the State. Mr. Incoronato--Camo's rate is double this year -why? They are the operators, they should be here tonight to answer questions. Mr. Clausen said they had meetings with Camo and their bookkeeper. They went over cprojected costs with the Town Board. They ex- plained the mandates that were required to meet certain standards especially on Fleetwood Districts, the time required and the manpower. Allan Dempsey --in August you told us it would cost $29,000--a list of items to be repaired. When would these repairs be done. Why couldn't this be absorbed in the operator's cost. Why not pay the operator the $1,100 a month until the equipment is in, then it will not need the man hours to operate the plant, then go back to the original cost of about $600 a month. What is miscellaneous equipment of $1,300. George Leibler--take out miscellaneous equipment, take out chemicals, we still have large costs. Does anyone on the Board have any idea how many hours a week Camo represents our plant? Joe Emano, Fleetwood Drive --do you scrutinize their books? We still have the figure of $29,999 to pay and also pay an increase in O&M rates? Pete Muro--you are illegal, setting a price before bidding. Mr. Schuder-how will this $29,000 figure be paid for? Mr. Dempsey --you started with 170 units then you went to 212 units. Mr. Leibler--how much is paid to Camo for all the plants; he questioned bids for testing; Camo was $3,600, N&UW was $900, why not use N&UW for testing and save $2,700. There was a difference, he was told, you have to read the line item, it did not include the same testing. Mr. Incoronato questioned different figures and Mr. Ryan explained them in detail, chemicals, Central Hudson, Lag, general repairs over and above contract, Urey Hardware, meter readers. There were also vandalism figures. Mr. Incoronato suggested the formation of a Citizen Advisory Council to meet periodically, at least quarterly to review finances of all the districts - a homeowner from each district. Mr. Hawksley suggested hiring a Sanitary Engineer and their own personnel to run these districts since we were spending so much on a private operator. This was a repetitious subject and Mr. Diehl explained again the Board would be happy to use this recommendation if anyone could provide the qualified manpower. The Department of Health is very strict about running these plants and we must have qualified operators plus we would have to school him constantly and provide the same benefits other Town employees receive. We do have a 30 day clause with the private operators to end the contract so that would be no problem. We have contacted the County and other Towns for personnel but have gotten nowhere. Mr. Morris of Oakwood Knolls addressed Mr. Versace who was also a resident there and asked him if the Board was doing the best they can. it/. p Mr. Versace replied in the affirmative but said he supported the recommendation Mr. Incoronato made about a Citizen's Advisory group. Mr. Clausen also thought this would work, a citizens group working with the Board. Mr. Jensen said he has spent a lot of time on water and sewer districts and given up many hours of his time, he's traveled around the Town, looked at the sewer plants, he is very sensitive to the needs of the community. At this time he is against a citizens advisory council. He feels the way the Town Board is working is the proper way to go, it gets doen quicker as needed. His phone is always available, he directs communications to Camo, the same as any other person working for the Town. Books are always open - audited continually - always go to bid. We are getting into a political situation. Mr. Diehl was not in favor of an advisory committee at this time. If there is money left at the end of the year in any district, and there is no vandalism, and machinery does not break down, it will then become a surplus for the next year, lowering the amount that has to be raised. Mr. Johnson said he had started a citizen committee at one time in his own water and sewer district, they can be effective at times, but sometimes they can get in the way. He discussed questions that were brought up at the Hearing - what happens to bids, if the number is known. Check the number of hours that each bidder claims he has to put in to operate a plant. Go to EDC, New Paltz or County and get records to show state average on number of hours it takes to operate any one of these plants, the recommended num- ber. In comparing, the Board has found out the operator has been able to do this in less hours than that recommended by the State. It has also been stated by EDC that the rates had been set too low to begin with and now they have to go up. One comparison, Fleetwood versus Royal Ridge. 1976, average home Fleetwood Water & Sewer, total including Benefit Assessment $191.92. Average Royal Ridge $270.00 flat rate. 1977 average Fleetwood $307.07, Royal Ridge $295.96. If you take other districts you'll find the same. At the present time he would not favor a citizens committee. There is nothing to hide, you can check all the bills, the rates, you can find out where the money goes. He did it before he was on the Board and periodically checks them now. Mr. Incoronato - you are talking about taxation without representa- tion. How would a citizens committee impede your progress? He asked about Federal Revenue Sharing Fund. Can this be applied toward the districts. Can we establish a Water & Sewer Department on this? Pete Muro spoke of the possibility at one time of other develop- ments tying into the district.fThe Board said the people in the district did not respond favorably to this. There was more discussion which related back to the same items. Mr. Diehl moved to close the Hearing, seconded by Mr. Jensen and carried. The Hearing closed at 9:04 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER 1) DUTCHESS COUNTY: NEW YORK I, IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED TOWN OF WAPPINGER LOCAL LAW ESTABLISHING'RATES FOR THE FLEETWOOD SEWER.DISTRICT FOR THE YEAR 1976 STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ). says: AFFIDAVIT OF • POS TING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 December 1, 1976, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law entitled "A Local Law Establishing Rates for the Fleetwood Sewer District", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of bec ent 2 1976. Nota Public Rake/Ur-Cu.,. Elaine H. Snowden Town Clerk Town of Wappinger W. and S. D. NEWS DISPLAY ADVERTISING tiL CLASSIFIED ADVERTISING AX7-3724 20.EAST MAIN STREET - WAPPINGERS FALLS ' :NOTICE OF A puaL IC HEARING ON APROPOSED . TOWN.OF WApPIWN.GER " 1 tnNQT_C IS, 4EfEG�Y GIVEN they. ` rntroduced�thi Town Boardd of the 3! Town o1 WapppplIn, butches* County, law •Y0 0n.Novembet• 22, 1976, a local ).ew Eitabilsh '" 1izo entitled "A Local' wood Sewerpp i �jte* the rest: SIM per gallons:, - the • NOTrce IS FURTHER, 'GIVEN Th - pnTww It eruct a publice i t ringWale an aforesaid or000settiltLt heariLang at Towne Nan, M4Jt -St;�:t.VWeg..or Wappingers Fall ?chess County: New Yoh 197tat7+:00 ata.pasuctraayY which thaws* riles bsferestec wittbe halm% p Dated: 's :ElaineifiSn owdIat ;- '�' Tenn C . , Town o4WapQInyv AFFIDAVIT OF PUBLICATION State of New Yak, County of Dutchess. Town of Wappinger. Beatrice Osten of the Town of Wappinger. Dutchess County. New York. being duly sworn. says that he is. rind at the several times hereinafter was. the.GQ: W. & S.D. NEWS. a newspaper printed and published every Thursday in the year"in the Town of Wappinger. Dutcheu County. New York, and that the annexed NOTICE was duly published in the said newspaper for ....Rill ... week successively... /DIG P.. in each week. commencing on the...?Rd... day of...PAtiePt ler... 197.6 and on the following dates thereafter. namely on and ending on the 2114.day of..PPAV 1J2er... 1914 both days inclusive. ..- • OOOOO Subscribed and sworn to before me this.... ?NI . day of, ..APAeutte east;:. Notary Public My commission expires AT.r.:rT G&T, :Y f . _. YG�.K _ i Y L/i4 Poughkeepsie Journa- Conthuing Poughkeepsie New Yorker FIRST IN THE MID -HUDSON VALLEY Poughkeepsie, N. Y. AFFIDAVIT OF PUBLICATION PU$tIC NEARING ON A . PROPOSED TOWN Of WAPPINGEN ' LOCAL LAW MOR YEAR 1976 NOTICEPS mousy orift4 that there !KU Aeon duly ,Headed 1s and- Introduced before the Teem loved of Ne Town el ' ",Wappinger. Gulches, County, New York, an November -2'2..1'979. o hal law -d,Mru year 1976- entitled "A toed Law Esta$$*- Ing Rates for the Reewroed Sewer DMr4t".„4 setting the rale at,$1.99 per 1,000 poloist`::' • NOTICE IS 'FURTHER GIVEN Net the Town Board el the Town of Wappkrper wEl ''.'cendud a.publc hearing en the aforesaid, prepared Lacdytaws a$ tTaupr NdMill' Vitro*. C('W Street, VpappInsgKFalai I .., .'a ,, ass, Courny,,NewYork. on the ,9th -clay Decembir,1976 ist7r00 P.M on ouch, - Of whlds t .'af; pjorlh'Int«eshd 01‘. be inber30;1976 ELAINE K. Town Clerk'' Town .1 Wo State of New, York, County of Dutchess, ss.: City of Poughkeepsie. .. Rita ...Lombardi .._.._._..__. _.. ._:...._ of the City of Poughkcepsi , Durchess County, New York, being duly sworn, says that at the several times here- inafter mentioned he was and still is the Principal Clerk of POUGHKEEPSIE NEWSPAPERS, INC., publisher of 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 publ'shcd in the said newspaper one insertion for ..... weeks successively, in each week, commencing on the __3rrd.s. day of _-Dg�.�_..______�, 19.b and on the following dates thereafter, namely, on and ending on the _ __-_.___., ____._. _...... inclusive. day of , 19 ._ , both days Subscribed and sworn to before me this day cf .. ..__ Notary Public My commission expires March 10, 19 27 V/o A Public Hearing was held by the Town Board of the Town of Wappinger on December 9, 1976, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a proposed Local Law Establishing Rates for the Wappinger Sewer Improvement Area #1, setting the rate at $148.00 per year. Supervisor Diehl opened the Hearing at 9:16 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Matthew Ryan, Comptroller Jon H. Adams, Attorney The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. This notice was published in both W&SD News and the Poughkeepsie Journal. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Mr. Diehl informed the public that the Board would use $10,000 of Federal Revenue Sharing as a loan to this district for a period up to five years. It is a growing district and its growth will offset this loan and will be able to pay this loan without any harm to the district. Mr. Clausen corrected Mr. Diehl, the loan was not from Federal Revenue, but from General Fund. Wayne Moreau, Lydia Drive - what is the present rate, how many users, how many non-users. Mr. Ryan answered there were 790 available users, 267 users as of today. Rate of $150 per year based on 280 units. Mr. Moreau --you anticipate a jump from $80 to $150 if noone else hooks up. How many of the 500 not hooked up are single users. He asked the boundaries. H,a discussed soil conditions - 500 units are polluters - what incentive do they have to hook up. We are paying the highest rate in a sewer district in the Town. There was discussion on mandating hookups, the district was formed and figures set with a certain number of users set, now we have non-users, thereby raising the rates to the users. Victor Vivaldo - when the original plan was formed, was there provisions for expansion? Mr. Amodeo - will O&M charges be applied to non-users? Where was the authority to expend money when there was no assurance for all these hookups. Barbara Bock - previously you told us our O&M charges were high because of the number of non-users. Now you tell us the plant will not take all of these. Mr. Diehl explained they could not take all of them because of rules of the Department of Health but we would certainly have the capacity for the schools, but they will not hook up. Mrs. Bock asked for the opinion of the attorney that had been previously requested. Mr. Diehl read part of the letter from the attorney --"a Local Law could probably require all parties within the improvement area to connect to the system but absent a connection we could not charge those connected". Mr. Vivaldo disagreed and said actually the letter said, probably could not charge those not connected to the system. He read from a report of Mr. Lapar "separate charge for O&M which could be assessed as sewer rents to be levied against all direct and potential users. This is another avenue, another way of keeping operating. All the homework has not been done and 1 don't think the rates should be raised until the homework is done. Mr. Jensen discussed the reasoning of the schools not to hook up. Their systems were working fine and they also added that it would be an added expense to the taxpayer for the fees involved. They yob k were not being mandated by the Department of Health and they preferred to leave it as is. At the Public Hearing, Mr. Jensen pointed out, the shhools had no objection, but now they do. Jack Peace - in the Town of Poughkeepsie if we didn't hook up within five years, they were made to pay the charges. Their systems were perfectly good, too. Lindy Flippers referring to Mr. Rappleyea's letter "you cannot charge sewer rent to people not connected to the system except as a part time charge" - why aren't you taking this up, she asked the Board. Mr. Tenant - can you shrink the district? Mrs. Bock asked the Town Board members individually if they understood or misunderstood Mr. Rappleyea's letter. Why should we take a loan that has to be paid back. Why not take Mr. Rappleyea's suggestion - a part-time sewer rental for those who don't need to hook up. Jack Peace was against borrowing the money from General Fund. Mr. Jensen made note of the fact that state aid had been cut from 33 1/3% about 15% and had heard it might be further cut or even cut out altogether. He urged the residents to write to Albany requesting that we receive the full percentage that we had been receiving before the cut. Edna Winters stated she was in the minority, but she was not hooked into the sewer and objected to having to pay for something she is not using. When they are ready to tie in, they will gladly do so and pay their share at that time. Alma Hanna - she, too, objected to paying for usage when they were not hooked in and not using the service. Wayne Moreau questioned an item on Personal Services and Equipment. He asked about "lease lines". Jim Tenant questioned an item on testing and the fact that they use the building at the Oakwood plant to do this testing. He believes other districts and other towns use this building. He fe)t Oakwood residents should be reimbursed for the use of this building. If other districts are using the facilities, they should be paying for it. There were no further questions or comments. Mr. Jensen moved to close the Public Hearing, seconded by Mr. Johnson and carried. The Hearing closed at 11:07 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED TOWN OF WAPPINGER LOCAL LAW ESTABLISHING RATES FOR THE_ WAPPINGER_ SEWER_ IMPROVEMENT_ _ AREA #1 • STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 December 1, 1976, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law entitled "A Local Law Establishing Rates for the Wappinger Sewer Improvement Area #1", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of b ed co 4,O? 7/1 Notary Piblic 1976. 1 JAcka/#11.409PIA, Elaine H. Snowden Town Clerk Town of Wappinger W. and S. D. NEWS DISPLAY ADVERTISING 4/ A) CLASSIFIED ADVERTISING AX 7 — 3724 20 EAST MAIN STREET - WAPPINGERS FALLS Lege r * e �toti _ NOTICE Of ''ie NE/1Rlf�� • ONAPROPOSED ;TOWN OF WAPPINGER'„ - • LOCAL' -LAW is. FOR .THEyEAR :1976 .e NOTICE I5 HEREBY.'GVEK that there has been duly presented to and introduced before the Town 89pt'dof the New YYoorovm ofk, on November 22 1 . a 1 to et law for the year 1976 entitled *Local Law Establishing Rates.for' Wag- pinger Sewer Improvement No. T'• seri bg tM ;ca at $1Y.00 NOTIC , tS,FF RTHER' EN t' the -Town. Board :of the T of Wep. ' pinger wlikcorlduct a public hg ors s[ the bforesaid.proposed Lek a,1'Lbw at Town Hall, Street,; Wappingers 'Falls, Dutchess'•County, New York, on 7ha,9th day of December, 1976 at 8:00 o:rrtaon such day, at'.which- F time all parties -interested will be heard. If Dated: November 30. 1976 EleineH.Snowden ...frown Clpingerk 4( et Dutchess County, N`r . AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Beatrice Osten of the Town of Wappinger. Dutcheu County. New Yak. being duly sworn. says that he is. and * the several times hereinafter was. tbe..CO: Fdj t9r:X14). shfIr W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger.. Dutcheu County. New York. and that the annexed NOTICE was duly published in the said newspaper for one week succeuively °nCe in each week. commencing on the... ZA4 ... day of...P .c cipher.. . 197.4 and on the following dates thereafter. namely on. and ending on the 211.4 —day of December 197.4 both days inclusive. Subscribed and sworn to before me this....2nd.......day of....PAFAP}11Px' 19..76 Notary Public My commission expires AlU7.1:T k'. KGTM't 7 f.='." ' CC1111413tIC1i ..:;Hi'.:.,. i,. ;Cil 30.10..