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2002-242RESOLUTION NO. 2002-242 RESOLUTION AUTHORIZING LA FONDA DEL SOL CONNECTION TO THE WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREA PHASE 3A The following Resolution was introduced by Mr. valdati Mr. Bettina and seconded by WHEREAS, La Fonda Del Sol is a restaurant located at 100 Old Route 9 in the Town of Wappinger on a parcel identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02- 542585; and WHEREAS, the owners of the restaurant have requested permission to connect to the sewer services maintained by the Town through the Sewer Improvement known as Wappinger Sewer Transmission/ Treatment Improvement Area Phase -3 A; and WHEREAS, La Fonda Del Sol is situated outside of the geographic boundaries of Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A; and WHEREAS, the owners of La Fonda Del Sol have indicated that they have had repeated difficulty with the septic system servicing the restaurant; and WHEREAS, the sewer transmission pipes for Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A are in relative close proximity to the restaurant; and WHEREAS, by adoption of this Resolution by the Town Board hereby authorizes the restaurant known as La Fonda Del Sol located at 100 Old Route 9 in the Town of Wappinger to connect to Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A as a Tenant upon terms hereinafter enumerated. O:\WAPPINGE\Town Board\RESOLUTION\TriMun-LaFonda.doc NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The restaurant known as La Fonda al Sol located at 100 Old Route 9 in the Town of Wappinger on a parcel identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02-542585 is hereby authorized to connect to Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A as a Tenant, effective upon the Town's receipt of its standard Tenant Agreement and payment of fees set forth in said Agreement. 3. It is hereby confirmed that the restaurant is located on a parcel of property identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02-542585 and that in the event of the failure of the owners and/or the restaurant to pay the required tenant sewer user fees in a timely manner said fees will be relevied on the State, County and Town tax bills levied for this parcel in January of each year in accordance with law. 4. La Fonda Del Sol and/ or the property owner of a parcel identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02-542585 shall pay tenant fees equal to the yearly Benefit Assessment plus the quarterly Operation and Maintenance Charges paid by commercial properties within the boundaries of Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A, as said Benefit Assessments and Operation and Maintenance Charges are determined by the Town Board from time to time for each year, said tenant fees to be paid on a quarter -annual basis. The Assessor to the Town is hereby directed to determine the number of benefit units to be assigned to the subject parcel in accordance with the benefit assessment formula established for Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A. O:\WAPPINGE\Town Board\RESOLUTION\TriMun-LaFonda.doc TOWN OF WAPPINGE "ASE 3A SCENARIO #1 : WITHOUT „PINE RE -ZONING TOTAL ASSESSED VALUE (R) TOTAL ASSESSED VALUE (ICI) RESIDENTIAL B.U. FLOW (GPD) PAGE 1 11,702,300.00 6,800,900.00 548.48 187,940 PAGE 2 2,058,000.00 36,000.00 27.00 PAGE 3 2,197,000.00 - 28.00 PAGE 4 1,722,500.00 - 22.00 25,000 PAGE 5 188,500.00 2,369,500.00 2.00 13,390 PAGE 6 2,610,500.00 - 28.80 9,280 PAGE 7 2,127,000.00 - 33.60 13,120 PAGE 8 1,337,500.00 - 14.39 5,120 PAGE 9 2,028,000.00 - 20.86 7,040 PAGE 10 1,746,500.00 - 17.80 5,760 PAGE 11 1,768,000.00 - 19.28 6,080 PAGE 12 1,027,000.00 - 12.60 4,160 PAGE 13a 1,766,000.00 13,754,400.00 21.81 50,540 3A EAST 2,850,000.00 79.20 30,400 TOTALS 35,128,800.00 22,960,800.00 875.82 TOTAL ASSESSED VALUE (R + ICI) 58,089,600.00 357,830 GPD PARCEL USEAGE TOTAL ASSESSE. ALUE R / ICI ACREAGE BENEFIT UNITS FLOW MEADOWOOD R $ 2,370,000.00 63.20 25,280 KEENAN ACRES R $ 480,000.00 16.00 5,120 TOTALS RESIDENTIAL $ 2,850,000.00 79.20 ICI $ - 0.00 TOTAL $ 2,850,000.00 79.20 30,400 GPD Page 3a East PAGGI, NURTIN & IAF L BENE LLP Consuiting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) August 1, 2002 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero Reference: La Fonda Del Sol/Phase 3A Dear Supervisor Ruggiero & Board Members: We had been asked to look at the potential of hooking La Fonda Del Sol into the collection system of Phase 3A as a possible tenant. Please keep in mind this must eventually go through the Tri -Municipal Sewer Commission for their approval. We had previously asked La Fonda Del Sol to quantify their flows in order that an educated recommendation can be made. They have done so and reported that their average daily flow over four (4) weeks is approximately 1427 GPD. This is a flow equivalent to about 4 %z homes. An analysis of Phase 3A shows that there has been a reduction from that originally planned, specifically in the Meadowood area. This reduction can be measured out at approximately 49-54 homes depending on the eventual size of Phase II, Section 1. With that in mind, I would recommend the tenancy of La Fonda Del Sol. Please keep in mind that the method and location of the connection would be incumbent upon the property owner to choose, design, and construct. It is also recommended that some equitable form of payment be arrived at so that their inclusion would mean a payment of a yearly fee that is equal to what it would have been if they were included originally. If you have any questions on the above, please do not hesitate to contact this office. Very -,truly yours, Joseph E. Paggi,JJr.,rP.E. JEP:Iaw cc: Board Members Hon. Gloria Morse Albert P, Roberts, Esq. Michael Tremper Joseon E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charies R. Dei Bene. r., R E. -2002 12:16 TOWN OF WPPPINGER Z-9 A01749 A091-901 Mexico? & Spanish Restsutant 6O10/d Rout Nine Wapping. Rolls f!, Y. 12590 (0451 2975044 To jU.*. Joseph Rggglero 7/29/02 In tafOM a to my conversation with lay hggi in Mgards to see rf we ere able to he hook up to phase ?A sewer:! took a 4 -week reading off my water mete.p. Which coma out to he 1427ga/Ions a dsy. '-r We would very much appreciate it if you could check the see if we can hook up to phase 3A sewer. Thank you Agastin Rodriguez yrliyJ pIto ??J. j jr, MEXICAN ANO SPANISH 'RESTAURANT 4f St t 100 ©Id Rou.% Nine 'qyappinSers F%Ils, Nrvvork 12590 845,;97.504,4 TOTAL P-32 p50 • r • ♦26614 • - // n1 + ... � � any [ Js t,� • a _ rq� ...)404 t 4 ,d• )n / ,• /O tt 552790 LoiTb '17' 7071 560777 40. 41576! 16 ut .� ® 31 4177712 4f;7 0-,o 414761 •�: '43T" 445750 l rul 527746 eS5747 -40 • '412747 µLTM •.1 r '1 / 0 "MOOsON s 3 ` 563724 .�. 423732 C�(R a �. _ - C.M.G ` w 0 t 422723 I+ t �.01 ... i - 422713 o.S•4a` 446710 ul �. T � -r 6yn (70 04 sxr ,fR o� r✓ TI0(-r 526677.," 56767• . c a! 63659 !r. Isto 556657 591656 - 106+ W = 569645 G6T 634 /� / /•- 4766`50 ` Y = : I, t_ 5.94.4 IS •il K l•1 I q•R04D Cu RY )CURRY wAoiD r •�22 T ( ^,� �„ _• 494621 51361, 553615 �./ rw 627612 x HS x.1.1 t $ o0 •o x 13 595606 5 ` n 1 x ) 4., L776617 .L•4r. 443604 �j .e'•�J 624569 •+ 666575 ) 542563 _ ).ar K 3TTe94 = 474667 sL lL L.♦ )i. 506563 Itr 14569 360564 : 4� n: „I 66: SSi Icl OL - • ) .6iOS44 ))• ... i.II �,544 637535 - .) w .w ... "t 3093D.3t l 5134`.1., a+[ ]2 .5641. 6'59526 677 S2T 6165 z11r41 I 422S4s r• ( r. f(1( 6 ftr Lai- 1 44nsx T r •.� ,. �• l ._.. ')" 374526 I✓ M(7 t t, i _ RIVC UI l .� 64160yJ. 2) r. = •4 Lt 4N503 ' •� N x41••3✓ ,'ANE o .� r �x # "' y i r•M _ 567463• '� .75 '066 • \ _ t 'r � v< ) . Lr �. aIWS •T••M _ =3047 a• _ r,lY65 � n•u ,1 f • 459 .. Y)•fi 6574-L 1 / Y 11f1 ♦ O t)rrl GeV .S •1Lr 543441 _ L70a3S \ • � Sl•70 ✓4s6 S r r Ll N x ., 46' 66T422 o. ri r \ . 1 I l_J Y f(f+ I •LT 673415 a6c 447,5 4554 65014 � l r r 11If•I /•� '. 44,"74 -le\( �1 1 MYERS T II -le\( TOWN CLERK GLORIA J. MORSE TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 LaFonda Del Sol 100 Old Route 9 Wappingers Falls, NY 12590 Att: Agustin Rodriguez August 6, 2002 Re: Permission to become Tenant to the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A Dear Mr. Rodriquez: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI cj--'Yvv--4�� COPY The Town of Wappinger has granted La Fonda Del Sol permission to make a sewer connection to the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, at 100 Old Route 9 North, Wappingers Falls, due to the extreme urgency and nature of your problem. This permission is given to connect as a tenant to the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, subject to the following conditions: 1. The connection is to be made at your expense and subject to inspection by the Town Building Inspector or his designee; 2. A connection fee of $500 must be paid prior to connection to the sewer line; 3. A Road Opening Permit must be obtained from the Highway Department, a $10.00 fee paid, and a $500.00 Road Opening Bond posted in the form of 'd h k de out to the Town of Wappinger. The Bond will be a cern ie c ec ma returned if the road is restored to the satisfaction of the Highway Superintendent. 4. You will pay double the sewer service charge that is paid by District Residents and you are to contact the water/sewer billing clerk in reference to water/sewer service charges that are paid by District Residents; 5. If and when a Sewer District or Sewer Improvement Area is formed which would include your property, you agree to become part of said District or Improvement Area and hereby waive any objection to its formation; 6. This permission will expire upon your failure to: a. accept in writing the terms and conditions contained in this letter within 90 days hereof; b. obtain a building permit and/or connect to the sewer system within one year from the date hereof; 7. The terms and conditions of this permission shall be binding on and inure to the benefit of the undersigned, and any subsequent owners of the subject premises, subject to the rules and regulations adopted by the Town Board of the town of Wappinger for use of sewer improvements/districts by tenant users, as the same may be amended from time to time. This permission will be effective upon the Town's receipt of your agreement to all conditions, as set forth above and acknowledged by the countersignatures of all owners of the property on the enclosed copy of this letter, which will serve as an acknowledgment of your acceptance. Yours truly, i 0 Gloria J. se Town Cl Town of Wappinger Date of Acceptance: owner owner This document is to be returned to the Town Clerk