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2009-1232009-123 Resolution Authorizing Commencement of Litigation Against Delinquent Out of Area Sewer Users 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 March 23, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers ABSENT: William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, the Town of Wappinger provides municipal sewer service to a parcel of real property located in the Village of Wappingers Falls, Town of Wappinger, County of Dutchess, State of New York, designated as 29-31 Marshall Road, further identified as tax map parcel 135601-6158-19-688002, and said parcel is owned by Hollowbrook of Dutchess, LLC; and WHEREAS, the Town of Wappinger provides municipal sewer service to a parcel of real property located in the Village of Wappingers Falls, Town of Wappinger, County of Dutchess, State of New York, designated as 11 Marshall Road, further identified as tax map parcel 135601-6157-07-709968, and said parcel is owned by Hollowbrook Associates; and WHEREAS, said properties are located outside the Sewer Improvement Area by which they are served; and WHEREAS, the Town of Wappinger has demanded payment for municipal sewer service provided to the parcels and such demand has been refused; and WHEREAS, the owners of the properties are justly indebted to the Town of Wappinger for the municipal sewer service provided to the properties. 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. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, Esq., to commence and prosecute to its conclusion an action for the collection of the sewer rents and charges due against the owners of the properties, currently ascertained to be Hollowbrook of Dutchess, LLC and Hollowbrook Associates, in Supreme Court Dutchess County, or such other Court of competent jurisdiction. 3. Supervisor Christopher Colsey is hereby authorized to execute on behalf of the Town any documents necessary for the commencement of said lawsuit. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 3/23/2009 The Resolution is hereby duly declared adopted. 41AHN—C. NYASTERSON, TOWN CLERK TOWN OF WAPPINGER SUPERVISOR CHRISTOPHER J. COLSEY To: Town Board SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX: (845) 297-4558 From: Christopher Colsey, Supervisor Date: January 20, 2009 Subject: Hollowbrook 1 & II Sewer Billing Issue TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI An issue of billing for Town sewer was brought to my attention on January 13 in respect to Hollowbrook I & II, which houses the HV Credit Union, Dutchess South and the DMV, among others. In summary, the Town updated the sewer pump station in 2004 consistent with improvements for Hannaford, formerly under the jurisdiction of the Village. For reasons not completely verified at this time, the Village discontinued their billing of Hollowbrook. At the same time, increased revenues were being collected for Hannaford, which masked the appearance of a loss at the site. This matter was to be presented at the January 15 and 20 meeting of the Sewer & Water Committee, but both were canceled. We have already initiated the process to collect our past due revenues, gain a sewer agreement and correct the matter for future collection. As of this writing, we have gained the records from the Village of Wappingers Falls, which suggest a recovery of approximately $39,000 based on the Village's methodology of calculating utility charges. As we progress on the matter, I will advise accordingly. Town of Wappinger Jan, 20, 2009 8:58AM No, 6709 P, 1 I -am POLLUTION CONTROL, INC. Operation of Water and Wastewater Treatment Systems 1610 ROUTE 376 WAPPINGERS FALLS, NY 12590 (846)463.7310 Fa%(845)493-7306 )4—E—M-0—R—A—N—D—U-M TO: Supervisor Christopher Colsey Town of Wappinger FROM: Michael P. Tremper, Vice President P" CAMO Pollution Control, Inc. DATE: January 19, 2009 RF: Hollowbrook Sewer Bill Per our staff meeting of January 13, 2009, CAMO Pollution Control, Inc. has reviewed the water meter readings for Hollowbrook dating back to February 2005, I Tnet with Marie White, the Village of Wappingers Falls Water and Sewer Department billing person, who computed the bill as if Hollowbrook was a Village customer. The amount is $39,102.00. 1 have attached the breakdown. If you have further questions, please contact me at (845) 463-7310. cc: Debbie Brown, Town Water & Sewer Billing Department Robert Gray, Town Engineer, Morris Associates MPTA 1947 '1'lAfu iicipal HOLLOWBROOK PARK ACCOUNT 8'SAMOUNT 1875 OF CONSUMPTIONIWATER/SEWR BILLING DATE C.F. WATER SEWER C.F. 1676 14 UNITS WATER SEWER C.F FE8'05 9503 $1,092 $546.00 7419 8 UNITS MAY'05 8430 1167 583 8362 $660 $33Q 515,528 AUG '05 10,738 1224 612 9473 745 773 373 12911 NOV'05 965$ 1197 599 5566 675 386 8655 FEB'05 14487 1168 584 2362 591 330 5493 M AY'06 6652 1066 533 2590 594 295 7192 AUG'06 5524 1052 842 8951 676. 297 7265 NOV'O6 9885 1149 887 5309 5 X41 6533 FEB'07 2982 1019 815 4965 514 6197 MAY'07 AUG'07 6667 1067 853 5703 .625 634 500 507 5512 NOV '07 11557 16008 42A4 1307 995 481 679 567 5610 5963 FEB'08 15733 1303 1046 1042 5519 5`13 8625 MAY'08 13617 9273 1019 5519 695 556 5200 AUG '08 4310 1367 1094 14908 695 556 4296 NOV '08 3699 1357 1065 "10214 994 795 4616 FEB'09 3199 1348 1079 0 914 731 4616 739 591 6516 TOTALS $20,360 $14,214.00 $12,040 $8,420 "OVERESTIMATE €} -NO CHARGE FOR USAGE -0,9 Sewer FEB $14,214 8,420 3316 13,152 Q total $39,102 WATER 2 UNITS $452 439 332 243 272 274 255 247 230 232 265 339 244 219 321 274 260 $4,898 SEWER C.F $226 2'19 166 122 136 137 204 198 184 186 212 272 195 175 257 .219 208 $3,316 15768 27799 15376 17465 21095 19350 7664 5524 8722 5151 15100 12209 7219 8345 8075 9403 1678 WATER 12UNITS $1,108 1210 1511 1200 1067 1114 1092 942 912 954 998 1140 1499 1027 1252 1247 1270 SEWER $554 605 756 600 534 557 874 754 730 763 798 912 1179 822 1041 997 1016 $19,143 $13,152 Froin:8452974705 01/13/2009 12:09 #227 P.002/003 BUILDING INSPECTOR GEORGE A. KOLS JR. DEPUTY BUILDING INSPECTOR SALVATORE MORELLO III s/9/aa. TOWN OF WAPPINGER BUILDING DEPARTMENT 20 MIDDLEBUBH ROAD WAPPIIYGERS FALLS, NY 12590-0324 (046) 2s7 -62s FAX: (846) 297-4658 To. Village of Wappingers Water Dept. Re: Sewer tine connection. Wappinger Plaza Dear Mr. Travis, SUPERVISOR JOSEPH RUWiERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCAATHIY JOSEPH R PAOLMII ROBERT L. VALDATI This letter is to inform the ViDage of the completion of the new sewer line inlstallaiaon for the Wappinger Plaza.located on R.t. 9 in the Town of Wappinger. This line has been completed and inspected by the Town for completion. Currently the Hollowbrook-plaza is to be connected in the near future and any adjusting by the Village should be addressed for water u$age. for. Wappinger pjaza. Please inf= all effected agenzies of t}is age in sewer and contsets of all Village officials. Thank you for your cooperation in this matter. Please call this office or contact the Town Engineer with any questions. Thank you. George A. Kolb jr. Building Inspector C.E.O. Cc.Highway Superintendent Mayor Lawrence/Village Trustees From:8452974705 01/13/2009 12 09 #227 P.003/003 PAGGI,MARTTN &.DEL)RENE rxP GansulliNg Eaganeers fd ,land S,rvey,, 56 Main Stmt Poughkeepo* New York 12601 845-471-7848 845-471-0905 (FAX) August 4, 2004 Vergilis, Stenger, Roberts, Pergament & Viglotti 1136 Route 9 Wappingers Fags, New York 12590 Attention: Albert P. Roberts, Esq. Reference: Wappinger Plaza/Phase 3A Dear Al: I am In receipt of your August r, 2004 letter. You are correct in that both the capital assessments and operation and Maintenance charges will be paid to the Town. Hollowbrook at this point needs to be connected to the Town, and operation and maintenance charges *11 need to be applied. I do not believe there will be a problem with the billing in that Hollowbrook and Wappinger Plaza will just be billed their water bills. I have asked George Kolb to send some type of correspondence to the Village, advising the Village that they are now hooked up to the Town,. I also agree with you that possibly a meeting with Mayor Lawrence and Attorney Viglotti would be appropriate. Any questions, please call. Very truly yours, -C� eph E. Paggi, Jr.*P) JEP:law cc Hon. Joseph Ruggiero George Kolb Joseph E. Paggi, Jr., P.E. Ernst Mutin, Jr., P.E., L.S C'hules R Ad Heng f r, P.E. VERGILIS, STENGER, ROBERTS & DAVIS, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT R ROBERTS THOMAS R. DAVIS JOAN F. GARRETT** KEVIN T. McDERMOTT ANGEL I. FALCON ANTHONY M. DEFA/..10*** JAMES P HORAN*** LISA M. COBB *ADMITTED TO FRAC TICS IN NY & FLA. —ADMITTED TO PRATI Il t IN NY & CONN. ADMITTED TO PRACTICE IN NY & NJ February 13, 2009 1136 ROUTE 9 WAPPINGERS FALLS. NEW YORK 12590 (845)298-2000 FAX (845) 298-2842 ww w. tSrp.Com e-mail: info!a`vsrp.corn Via Certified Mail, Return Receipt & First Class Mail Hollowbrook Associates 11 Marshall Road, Suite 1 P Wappingers Falls, New York 12590 Attention: Harold Glassberg Re: Water/Sewer Billing for Hollowbrook Dear Harold: OF COUNSEL: KAREN MacNISH LEGAL ASSISTANTS: AMY E. DEC.ARLO MARIA L. JONES SANDRA A. OAKLEY CLOSING COORDINATOR: SUSAN E. CAFFINE POUGHKEEPSIE OFFICE 276 MAIN MALL. POUGHKEEPSIE, NY 12601 (845)452-1046 NEWBURGH OFFICE 299 N. PLANK ROAD, SUITE 106 NFWBURGH, NY 12550 (845) 567-3783 SuPeRfisnorn,ffice FEB 17 2009 Received Enclosed herewith please find bills for water/sewer for fiscal year January 1, 2009 through December 31, 2009. The rate for sewer service was determined by utilizing the Village of Wappingers Falls rate. It is my understanding that the Town will waive late fees if these bills are promptly paid. I will be out of town Monday and Tuesday of next week but I will be available Wednesday through Friday. Please call so that we can discuss and resolve payment terms. Very truly yours, VERGILIS, STENGER, ROBERTS & DAVIS, LLP ALBERT P. ROBERTS APR/so Enclosures cc: Water and Sewer Committee Hon. Christopher J. Colsey, Supervisor Town Board O:AWappinper"Io�en Board',I-General IB'210091,011SU9 letter to iioliuwbrooi A,suciates ie Hater-,cwu bills.d�� DICTATED BUT NUT PROOF READ 13Y APR.