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2007-1862007-186 CC) [ )y Resolution Approving AW Scrap Noise Testing At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August 27", 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Vincent F. Bettina Joseph P. Paoloni (arrived at 7:38 PM) Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, there have been many complaints regarding loud noises coming from AW Scrap; and WHEREAS, George Kolb, Director of Code Enforcement, has presented a proposal from the Potomac -Hudson Engineering, Inc. to monitor noise and draft a report to the Town; and WHEREAS, the proposal is broken down into three tasks, with Task 1 being the preliminary assessment of AW Scrap noise and costing Three Thousand Five Hundred Dollars and 00/100 ($3,500.00), Task 2 being preliminary assessment of noise code and costing Two Thousand Three Hundred Dollars and 00/100 ($2,300.00), and Task 3 being a meeting in late September or Early October 2007 and costing One Thousand Nine Hundred Dollars and 00/100 ($1,900.00) with the total cost being Seven Thousand Seven Hundred Dollars and 00/100 ($7,700.00). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town, the Potomac -Hudson Engineering, Inc. Noise Testing Proposal in substantially the same form as attached hereto. IN The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 8/27/2007 The Resolution is hereby duly declared adopted. QICIJLL'� C. A TERSON, TOWN CLERK MEMORANDUM T0- SUPERVISORRUGGIERO FROM: GEORGE A. KOLB JR DIRECTOR OF CODE ENFORCEMENT SUBJECT NOISE TESTING AW SCRAP DATE: 8/21/07 Joe, Please review this proposal for PHE Inc. I have them scheduled for 8/28/07 for an on- site field visit. I had them break down the cost for the several items we had discussed to be done in addition to the actual noise testing. If it's acceptable please sign and submit to Mr. Crossan and please provide me with a copy for the file. I will be submitting a copy to Mr. John Sarcone their attorney as well. Contact me with any questions. Thank you George A. Kolb Jr. Director of Code Enforcement Town of Wappinger ' ;' - <%': V r rr August 21, 2007 Gcoi:Gc A. Kolb Building Inspector Town of Wappinber 20 1\4 dd]ebusll Road Wappingers Falls, NY 12590 RE: Noise P,opoml Dear Mr. Kolb, Polon-iac-Hudson E.n �ineermg, Inc, (PI -IE) is pleased to submit the following proposal. This is based upon a meeting Nvilh you on August 16, 2007. Bnck!iround A&W Scrap is a pre-existing, non. -conforming use on the east side of Route SID. The necessary annual license that the Town Board issues has not been issued for the past fwo years due to a combination of noise complaints from neighbors and the need to provide some buffering as spccifi.ed in an old site plan. ")•here are a few neighbors to the Nvest and the north that lodge relatively frequent noise complaints with respeo to operations on the site. The Town's existing noise ordinance is vague; difficult to cnforce, and perhaps unfairly stringcut. �s of `Fork Task 1.0 — Pit-z8xan ium-y Asses sp. neunt of A&W lNoisc Task I, l — Mccting On ,Site We propose to have a meeting at 4 pm on August 28, 2007 with PRF:, George Kolb. the owner/operator and attorney. At that time, we hope to accomplish the following: Obtain a description of operations With respect to both locaticm and time: View all operating conditions; Decide on appropriate momlorinc locations and protocols: Discuss the ; Noise Proposal August 21, 2007 Page 2 �. Eva.hmic space and topographic collstraints for potential buffering/nliti`ati.on strategics; and Potclttia.11y perfor111 supplemental noise monitoring on-site. I'aslc 1."L—Noise Monitorillg Conduct the noise monitoring on August 29, as discussed and planned the previous days mectirig. Task 1.3 — Draft Noise Report PHE will prepare a brief noise report that SLnn111a1 iZeS the nlonituring Bala, disi;usses the locations and timing of operations on-site and discusses the potential need for mitigation in qualitative leans for future discussion. P1 1E -will email the draft report on Friday ALigust 31, 2007. Ta -k 2.0 PA'ehiiniIf ary Assessment of Noise Code Task 2.1 — Comparison With Other Noise Codes Compare. the Town of Wappinger noise code to other noise codes .in Similar municipalities, The purpose is to better understand the appropriate noise levels to be established and hour noise codes are. structured to be more easily enforceable. This task includes a portion of the meeting cm August 16. Task 2.2 — Preliminary Report PHE will deliver via email a preliminary comparison report on August 27, 2007, for discussion on the 28th. Full copies of selected noise ordinances N�111 be in.cludc.d as aii appendi1. Utte liepteptibew ax EaOy October 2007 After I returtl from vacation (1:11 be back in office September 23; 2007), we will have inOtllCr 111eetlllc to discuss t1.1c reports that I presented at the end of Au-ust and determine the need and scope for ally futltre activities. Such activities could lnclude: assistance in developing a nes noise ordinance tailored to the Heeds of the Town. further qualitative discussion oJ'A&W buffering options. or a Inorc detailed analysis of noise mitigation at A&W (if necessary). We anticipa(e the need for at ]cast olio phone call and some limited supplemental research prior to the meeting. y -VI Noise Proposal Cost Prolmal The lump Sum fees including travel and noise monitor rental are: Task 1 - $3,500 Task 2 - $2,300 Task 3 - $1,900 August 21, 200 7 Page 3 Thank you for the opportunity of submitting this proposal. Should you wish to use this as a contract, please sign both copies retaining one for your tiles and. returning the other one to ine. Invoices are payable upon receipt and accounts over 4.5 days are subject to 1-1 /2% per month interest. Should you have any questions please call me 732-747-00-24 cxt. 202. We loot: ion,Iard to NVorking with you on this project. Sincerely, Potomac -Hudson Engineering, Inc. Acccptcd by: Sicnaturc: A Drool( Ci-ns.san_ Ph.D_, P.T. D atc