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2002-05-13 RGMSUPERVISOR JOSEPH RUGGIERO TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 MEMORANDUM To: Town Board Members Town Clerk Town Attorney Town Engineer From: Joseph Ruggiero, Supervisor Date: May 8, 2002 Re: Town Board Workshop Agenda Agenda Monday, May 13, 2002 7:30pm 7:00 PM Interview with Ken Brown (Board of Assessment Review) 7:30 PM Public Hearing Setting of the Rate for (Phase 3A) Town Board Workshop: Resolutions: ♦ 2002-161 Set Sewer Rentals for Phase 3A ♦ 2002-153 Community Center/Justice Court Facility ♦ 2002-162 Authorize Robinson Lane Park Lights ♦ 2002-151 Set Public Hearing for Performance Motors Discussions: Joint session of Town and Village Board ♦ Route 9 Corridor Project & Beautification ♦ Joint Landfill Update ♦ Library Legislation ♦ Dorothy Heights & Pine Hill Water & Sewer Tie in ♦ Cable Franchise TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI 05/13/2002.WS The Workshop Meeting of the Town of Wappinger was held on May 13, 2002 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:59 p.m. Present: Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Paoloni, Councilman Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Dan Wery, Town Planner Mike Tremper, CAMO Pollution Absent: Vincent Bettina, Councilman RESOLUTION NO. 161- 2002 RESOLUTION ESTABLISHING AND IMPOSING SEWER RENTS FOR WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREA PHASE 3A The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Colsey. WHEREAS, a Resolution was adopted on April 8, 2002 authorizing the Town Board to hold a Public Hearing on the establishment of operation and maintenance charges (hereinafter "Sewer Rents") for those property owners who connect to the sewer system authorized by the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A (hereinafter "Tri -M 3A"); and WHEREAS, a Public Hearing was held on the 13th day of May, 2002 at 7:30 p.m. at the Town Hall located at 20 Middlebush Road, Wappingers Falls, New York; and WHEREAS, all property owners within Tri -M 3A were sent notices of the Public Hearing; and WHEREAS, at the aforementioned Public Hearing, members of the public had an opportunity to voice their opinions regarding the imposition of Sewer Rents in reference to the Tri -M 3A; and WHEREAS, Town Law Section 209-q (12-a) permits a Town Board to establish Sewer Rents as prescribed in Town Law Section 198 (1)(1); and WHEREAS, Town Law Section 198 (1)(1) provides for Sewer Rents to be established pursuant to Article 14-F of the General Municipal Law; and 1 05/13/2002.WS WHEREAS, Article 14-F of the General Municipal Law authorizes Sewer Rents to be established by Resolution of the Town Board; and WHEREAS, the Town Board wishes to establish and impose Sewer Rents for the properties that are located within the Tri -M 3A; and WHEREAS, the formula for establishing Sewer Rent charges is set forth in the Map, Plan and Report prepared in September, 1998 and the Report prepared on March 12, 2002 by the Engineers to the Town of Wappinger, Paggi, Martin & Del Bene, on behalf of the Town Board; and WHEREAS, Benefit Units are assigned to all properties within Tri -M 3A and are generally defined as the method by which the total cost of the Tri -M 3A project is shared by and allocated to the properties benefited thereby; and WHEREAS, the formula for allocating Benefit Units is set forth in the Application to Audit and Control for the authorization to establish Tri -M 3A, and are generally assigned as follows: Single family dwelling (including condo unit, apartment, etc.) and lot = 1.00 Benefit Unit not to exceed 2 acres Vacant lot less than 2 acres = 0.8 Benefit Units Additional vacant land over = 0.2 Benefit Units per 2 acres additional acre Commercial, Industrial, and Institutional Properties will be assigned Benefit Units Based on the ratio that their assessed valuation Bears to the total assessed valuation of all Properties within Tri -M 3A. WHEREAS, Benefit Units are used to apportion both the costs of capital construction and operation and maintenance charges. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates as findings and determinations, the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby establishes and imposes Sewer Rents on all properties located in the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A that connect to the sewer system as hereinafter set forth. 3. The Sewer Rents shall be imposed at a rate of $65.00 (sixty-five dollars) per Benefit Unit per quarter, with the total Sewer Rent for any given property per quarter determined by multiplying $65.00 (sixty-five dollars) times the total number of Benefit Units allocated to that property. 4. Sewer Rents shall be billed and collected on a quarterly basis, in arrears, commencing July 1, 2002 by the Receiver of Taxes for the Town of Wappinger. X 05/13/2002.WS 5. The methodology for determining these Sewer Rents as herein before described is set forth in the Map, Plan and Report dated September, 1998 and the Report dated March 12, 2002 prepared by the Engineers to the Town of Wappinger, Paggi, Martin & Del Bene, on behalf of the Town Board, said reports are being incorporated herein by reference and made a part of this Resolution. The methodology for determining Sewer Rents is also summarized in the "Summary of Methodology Establishing Tri - Municipal Phase 3A Sewer Rent", which is attached to this Resolution as Exhibit "1". 6. The Town Board hereby adopts the methodology described in said Map, Plan and Reports as the basis for allocating and apportioning the Sewer Rents (operation and maintenance charges) to those properties within the Tri -M 3A that connect to the sewer system. 7. A surcharge of ten percent (10%) shall be imposed for Sewer Rents due and remaining unpaid more than five (5) days after the due date thereof. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman The Resolution is hereby duly declared adopted. (see attached sheets) 3 Voting Aye Voting Aye Voting Absent Voting Aye Voting Aye REVISED 5/13/02 SUMMARY OF METHODOLOGY ESTABLISHING TRI -MUNICIPAL PHASE 3A SEWER RENTS The construction costs and the operation and maintenance costs of the Tri -Municipal Phase 3A Improvement Area must be paid by those properties located within the Improvement Area. The construction costs (a/lda "Capital charges") are levied on a yearly basis for all properties within the Tri -Municipal Phase 3A Improvement Area (Tri -M 3A) and billed with property taxes. In contrast, only those properties cormccted to the sewer system will pay the operation and maintenance costs (a/k/a "Sewer Rents"), which will be billed quarterly by the Town. This is the first time that Tri -M 3A will be in operation and, accordingly, this is a projected budget based on flows and other experiences in the Town. It is estimated that the operation and maintenance costs for the remainder of the calendar year 2002 will be $112,500.00. This was based on the annual operation and maintenance charges for the following items: • Tri -Municipal Sewer Plant 0&M - $150,000.00 • Sewer Trunk Line - $ 50,000.00 • Tri -M 3A Collector Line - $ 25,000.00 TOTAL: $225,000.00 annual 0&M This results in an estimated quarterly operation and maintenance cost of $56,250.00. It is further estimated, that properties assigned approximately 900 Benefit Units will be connected to the system. This will result in a Sewer Rent Rate of $65 per Benefit Unit per quarter. Sewer Rents will be billed commencing July 1, 2002 in arrears. Again, only those properties connected to the sewer system will be charged Sewcr Rents. Benefit units All properties situated within Tri -M 3A are assigned "Benefit Units", which is the methodology by which the Capital charges and Sewer Rents are allocated among the properties. All properties within Tri -M 3A are identified as one of two classes of properties: • Residential; or • Industrial, Commercial and Institutional (ICI). 01WnPPINGGCrIUMUN I\o&mscwcrRcnts\Mctlwlogy011tcnts-sununary.doc REVISED 5/13/02 Exhibit 1 Residential Bencfit Units: Benefit Units are assigned to each Residential class property as follows: Single family dwelling (including condo unit, apartment, etc.) and lot = 1.00 Benefit Unit not exceeding 2 acres Vacant lot less than 2 acres = 0.8 Benefit Units Additional vacant land over = 0.2 Benefit Units per 2 acres additional acre In Tri -M 3A, the Residential class properties were assigned a total of 819.19 Benefit Units. ICI Benefit Units: On the premise that the Residential class and the ICI class must each bear their proportionate share of costs for the project, Benefit Units for Industrial, Commercial and Institutional (ICI) class properties were then derived by the following calculations: First, the assessed values of all the properties in each class were totaled. In Tri -M 3A: The Total Residential class assessed valuation is: $34,011,400 The Total ICI class assessed valuation is: $23,216,800 The total assessed valuation of all properties in Tri -M 3A: $57,288,200 Next, each proportionate share was determined by calculating the ratio of the total assessed valuation of each class (Residential or ICI) to the total assessed valuation of all properties within Tri -M 3A. Residential share: Total Residential class assessment = $34,011,400 = .59 (rounded) Total assessment of all properties $57,288,200 ICI share: Total ICI class assessment = $23,216,800 = .41 (rounded) Total assessment of all properties $57,288,200 Knowing that the Residential class properties were assigned a total of 819.19 Benefit Units, and are obligated to pay 59% of the costs, the total number of Benefit Units for both property classes was derived mathematically as follows: O:\WAI'I'I NGH\'I'ItI M UN I\O&MScwcrltcnts\McthologyolRcnts-Sununary.doc REVISED 5/13/02 Total Benefit Units = Total Residential Benefit Units=1,381.15 Total Benefit Units .59 The total number of ICI Benefit Units was derived by subtracting the Total Residential Benefit Units from the total number of Benefit Units. Total Benefit Units - Total Residential Bencfit Units = Total number of ICI Benefit Units 1,381.15 - 819.19 = 569.26 The 569.26 Total ICI Benefit Units were then allocated among the ICI class properties proportionally in accordance with their tax assessment valuations. OAWAITINGI:VIlU M UNI\O&MScwcrRcnts\McthologyOtltcnts-Sunurnaiy.doc 05/13/2002.WS RESOLUTION NO. 153- 2002 RESOLUTION AUTHORIZING A FEASIBILITY STUDY AND DESIGN OF A BUILDING TO CONTAIN THE TOWN OF WAPPINGER JUSTICE COURT AND THE TOWN OF WAPPINGER COMMUNITY RECREATION CENTER The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Valdati WHEREAS, the Town Board had previously authorized the construction of a Community Recreation Center at the Montfort Road Recreational Facility; and WHEREAS, engineering studies have determined that it is not feasible to construct a Community Recreation Center at the Montfort Road Recreational Facility; and WHEREAS, the Town Board has determined that the Town of Wappinger Justice Court requires additional space and improved facilities to comply with regulations as promulgated by the New York State Office of Court Administration; and WHEREAS, the Town Board is desirous of constructing a building which would house the Town of Wappinger Justice Court facilities as well as the proposed Community Recreation Center; and WHEREAS, the Town Board would prefer to have the Justice Court facilities and Community Recreation Center centralized with other Town government offices and would prefer to have such a building constructed at the existing Town Hall site. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Architect to the Town, Donald Swartz of Cerniglia & Swartz Architects, Planners and Interior Designers, P.C., and the Engineer to the Town, Joseph E. Paggi, Jr. of Paggi, Martin & Del Bene, LLP, to conduct an architectural and engineering feasibility study and to prepare a preliminary design for a proposed building to house the needs of the Town of Wappinger Justice Court as well as to provide adequate space for a Community Recreation Center together with appurtenances and attendant parking facilities and to determine if said building and facilities can be constructed on the present Town Hall site. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. 4 05/13/2002.WS RESOLUTION NO. 162 2002 RESOLUTION TO AUTHORIZE THE INSTALLATION OF OUTDOOR LIGHTING AT THE ROBINSON LANE RECREATION AREA The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Colsey. WHEREAS, the Recreation Committee has recommended the installation of a outdoor lighting at the Robinson Lane Recreation Area; and WHEREAS, the Town Board wishes to authorize the installation of said outdoor lighting and to have Fellenzer Engineering, LLP prepare the plans and specifications for said outdoor lighting and to proceed to public bid thereon. NOW, THEREFORE, BE IT RESOLVED, that Fellenzer Engineering, LLP, 22 Mulberry Street, Suite 2A, Middletown, New York 10940, is hereby authorized to prepare the plans and specifications for outdoor lighting to be constructed and installed at the Robinson Lane Recreation Area and upon completion of the plans and specifications, to authorize same to be let out for public bid, in accordance with the letter dated May 1, 2002 from Eric D. Fellenzer, Fellenzer Engineering, LLP to Ralph Holt, Recreation Director. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 151-2002 RESOLUTION AUTHORIZING A PUBLIC HEARING ON APPLICATION FOR SPECIAL USE PERMIT BY PERFORMANCE MOTORS, INC. The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Paoloni. WHEREAS, Performance Motors, Inc. is an owner of a certain 0.65 acre parcel of property, located in a Highway Business (HB) Zoning District, identified as Tax Grid Number 6157-02-598733, with a common street address of 1401 Route 9, Wappingers Falls, New York, hereinafter referred to as Parcel I; and WHEREAS, Performance Motors, Inc. is the Contract Vendee to purchase an adjacent .40 acre parcel of property, also located in a Highway Business (HB) Zoning District, identified as Tax Grid Number 6157-02-597715, with a 5 05/13/2002.WS common street address of 1368 Route 9, Wappingers Falls, New York, hereinafter referred to as Parcel II; and WHEREAS, Parcel II is adjacent to and immediately south of Parcel I; and WHEREAS, Performance Motors, Inc. is presently conducting an automotive sales business on Parcel I; and WHEREAS, Parcel I has been continuously used for automotive sales since prior to the adoption of the Town of Wappinger Zoning Ordinance in 1963; and WHEREAS, Performance Motors, Inc. seeks to purchase Parcel II and expand the automotive use on to Parcel II; and WHEREAS, present Town of Wappinger Zoning Regulations require a minimum lot size of three (3) acres for an automotive use in a Highway Business (HB) District subject to a Special Use Permit issued by the Planning Board; and WHEREAS, the automotive use located on Parcel I is a permitted use in an HB Zoning District, but the lot is a pre-existing dimensionally non- conforming lot; and WHEREAS, by written Application dated April 26, 2002, Performance Motors, Inc. made application to the Town Board pursuant to §240-16(F) of the Zoning Code of the Town of Wappinger to authorize an expansion of an existing automotive use located on Parcel I onto the adjoining Parcel II; and WHEREAS, the Town of Wappinger Zoning Code §240-16(F) permits the Town Board, on written Application, to issue a Special Use Permit which will authorize the pre-existing automotive use on the dimensionally non- conforming Parcel I to be expanded on to Parcel II resulting in a permitted use (subject to issuance of a Special Use Permit by the Planning Board) on a 1.05 acre lot which is in greater conformity with the Town Zoning Code. WHEREAS, the Town of Wappinger Planning Board has recommended approval of this Application for a Special Use Permit by the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing on the Application of Performance Motors, Inc. for a Special Use Permit pursuant to §240-16(F) to authorize an expansion of the automotive use presently conducted on Parcel I onto the adjoining Parcel II to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 28th day of May, 2002, at 7:30 p.m. BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the Town of Wappinger, is hereby directed to post and publish a Notice of the Public Hearing in the form annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. 6 05/13/2002.WS BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to send copy of the Notice of Public Hearing to adjoining property owners within Two Hundred and Fifty (250) feet of Parcel I and Parcel II. BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to forward a copy of the Application materials to the Dutchess County Department of Planning & Development for its review and comment. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. At this time, Supervisor Ruggiero announced that there would be a joint session of the Town Board and the Village Board at the close of the meeting to discuss the Route 9 Corridor Project & Beautification, Joint Landfill Update, Library Legislation, Dorothy Heights & Pine Hill Water & Sewer Tie-in and Cable Franchise. There was no other business to come before the board. COUNCILMAN VALDATI moved to close the meeting, seconded by Councilman Colsey and unanimously carried. The meeting adjourned at 8:12 p.m. Gloria, ors Tow lerk 7 F] 05/13/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May 13, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Operation & Maintenance Charges to be Imposed on those properties within the Wappinger Sewer Transmission Treatment Improvement Area Phase 3A.. SUPERVISOR RUGGIERO opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Dan Wery Town Planner Mike Tremper, CAMO Pollution Absent: Vincent Bettina The Town Clerk offered for the record, the Affidavit of Posting, Publication and Affidavit of Mailing to the parcel owners in 3A duly signed & notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR RUGGIERO announced that we are here tonight to discuss the setting of the sewer rates for $65 per Benefit Unit per quarter. Al Roberts, Attorney to the Town gave a brief presentation on how that figure was determined. This is the first year that Phase 3A is in operation and the costs that have been projected are merely an estimate. Costs are based on an annualized budget and the total budget on an annualized basis for Phase 3A comes to $225,000. O & M charges are charged to users based on assigned Benefit Units (B.U.). The total number of Residential Benefit Units has been calculated at 819.10 or 59%. It is estimated that parcels containing approximately 900 Benefit Units will connect this year. SUPERVISOR RUGGIERO announced, as of May 15th, residents may come to the Building Department to fill out an application to hook into the sewer at their discretion. If you find that your septic is still in good operating condition, and do not wish to hook up at this time, you don't have to. If anyone in the audience has any comments or questions, please state your name and address and the property in question. Mrs. Frank Lucato of 2508 Route 9D explained that she lives in a section of the sewer that is going to the Village. Now they will be charged by the Town. SUPERVISOR RUGGIERO explained that this is something they are aware 1 05/13/2002.PH of and are working on with the Village Board. There are seven (7) parcels of property that are in that situation. We will be meeting with the Village Board this evening and this is one of the topics to be discussed. Jay Paggi, Engineer to the Town explained that the understanding is these parcels will be charged for once for the service. If you are paying O&M to the Village, afterwards you will still pay O&M rates to one of the municipalities. It will only be one charge. Thomas Vacchio wished to know where his new connection would be. Mr. Paggi explained. Mrs. Beckman of 2372 Route 9D wished to know if she was in Phase 3A. SUPERVISOR RUGGIERO explained that he received her FAX and referred it over to the Engineer to verify that she was in the Sewer District, because there are some properties on Route 9D that are not in Phase 3A. Concetta Oliveri, 207 Old Hopewell Road wished to know if she is in this district. SUPERVISOR RUGGIERO announced, yes she was, but there was no trunk line. The map, plan and report was submitted to the Town Board as part of the Alpine rezone. We are going forward, and she will be getting the line in front of her home. She also wished to know, if Alpine withdrew from the sewer district, where would they put their sewer. Supervisor Ruggiero announced that we were sued by the Alpine Company, but they just can't pull out. They have questioned the constitutionality of the calculations of the capital charges, as well as the O& M charges to them. The Town Clerk has a letter that will be made part of this record objecting to today's Public Hearing. We were served this morning with these papers, and we will have to go to court to be settled. Alpine currently has its own sewer plant on the property, but when they received site plan approval in the early 90's, as part of that approval they have to connect into the sewer district within six months of its completion. May 15th is 6 months, and they are trying to prevent that from happening. Ted Izzio of 25 B Scarborough Lane wished to know if he was hooked in yet. SUPERVISOR RUGGIERO answered yes! Tom Stinson of 14 Cameli Drive wished to know if this is the same formula for all the water districts. Mr. Paggi answered yes, but the rate may be different because of the size of the district. Vera Schwartz of 3P Whitegate Drive questioned the equity of charging a Condo of 800 sq. ft. the same amount as a single family dwelling? She has been paying $588 for 20 years. SUPERVISOR RUGGIERO explained that this is considered one residential Benefit Unit, be it a condominium or a house. This is the formula that has been established and practiced by the town for 30 years. Mrs. Oliveri wished to know if the commercial company were to pull out of the sewer district, where would they put their sewage. SUPERVISOR RUGGIERO responded that we were sued by the Alpine Company A resident wished to know if they were to develop 2 05/13/2002.PH more properties in Phase 3A, would the capital costs be reduced? SUPERVISOR RUGGIERO answered yes they would, depending on the additional Benefit Units added. Robert Patchoros,7 Cameli Drive wished to know the description of a Benefit Unit. SUPERVISOR RUGGIERO explained that a single piece of property with a home and up to 2 acres of land is one Benefit Unit. For each additional acre above 2 acres of land, is 2/10ths of a Benefit Unit over that. If you own a piece of vacant land in the Town of Wappinger within this sewer district without a home on it, its 8/10ths of a Benefit Unit for the first 2 acres and 2/10ths for each additional acre. You would only pay O&M charges until hooked into the sewer. Robert Giordano of 78 Gold Road wishes to know when his area will be hooking in the sewer. SUPERVISOR RUGGIERO announced his area is under consideration to be studied. When we get more information in regard to the study, you will be informed. There were no further questions or comments from the audience. COUNCILMAN PAOLONI moved to close the Public Hearing, seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 7:58 p.m. Gloria J. o e low Town Cl 8 4� (OORBALLYSARTLANDAN LEYEA LLP CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, JR. ALLAN E. RAPPLEYEA JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBIASE PAUL O. SULLIVAN (aISOFL) WILLIAM F. BOGLE, JR. RENA MUCKENHOUPT O'CONNOR ALLAN B. RAPPLEYEA (aISOCT) ANTHONY C. CARLINI, JR. (also NJ) LEAH J. BALASSONE ANNUJA SHAH Of Counsel MILTON M. HAVEN CARL P. ULRICH RICHARD V. CORBALLY Administrator CAROL ANN NEVILLE Hand Delivered: A HERITAGE OF LEGAL COUNSEL Regional Offices Mayl3, 2002 Hon. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Public Hearing, Sewer rents, Phase 3 Dear Supervisor Ruggiero: BY APPOINTMENT: CLEARWATER, FLORIDA 34617 727-461-3144 TEL I write this letter on behalf of Alpine Associates LLC on the issue of the proposed sewer rates for the above improvement area. I ask it be included in the record of the public hearing being conducted this evening. The rates are in violation of the United States and New York Constitutions. It is in violation of Article 14-F (Sewer Rent Law) of the General Municipal Law. It is in violation of federal standards that attach to plants built with federal assistance under the Federal Water Pollution Control Act. It is an illegal tax. All of the above standards require that rates be reasonably correlated to usage. Based upon methodology proposed by the town, Alpine, with a daily flow of 6,000 gpd, will be paying $60,000.00 annually. By contrast, assuming an average flow of 325 gpd, 19 homes with an aggregate daily flow of 6,000 gpd would pay $5,000.00+ for the same aggregate treatment. The collection system is a new system; meters could readily be installed. The only flow to the plan should be that actually used and there should be no I' t o3300 FRANKLIN AVE FrcV 4r�® L PO BOX 679 MILLBROOK, NY 12545 BARDAVON BUILDING 35 MARKET STREET (� (� 3 1 � 2002 845-677-5539 TEL ,MAY 845677-6297 FAX POUGHKEEPSIE, NY 126013285 845.454.1110 TEL . 845.454-4857 FAX r14�`L 4 r i E-MAIL: info Qcgrla W.com6425 MONTGOMERY ST PO Box 366 WWW.CC,RLAW.COM RHINEBECK, NY 12572 845876-4091 TEL 845-876-7192 FAX Mayl3, 2002 Hon. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Public Hearing, Sewer rents, Phase 3 Dear Supervisor Ruggiero: BY APPOINTMENT: CLEARWATER, FLORIDA 34617 727-461-3144 TEL I write this letter on behalf of Alpine Associates LLC on the issue of the proposed sewer rates for the above improvement area. I ask it be included in the record of the public hearing being conducted this evening. The rates are in violation of the United States and New York Constitutions. It is in violation of Article 14-F (Sewer Rent Law) of the General Municipal Law. It is in violation of federal standards that attach to plants built with federal assistance under the Federal Water Pollution Control Act. It is an illegal tax. All of the above standards require that rates be reasonably correlated to usage. Based upon methodology proposed by the town, Alpine, with a daily flow of 6,000 gpd, will be paying $60,000.00 annually. By contrast, assuming an average flow of 325 gpd, 19 homes with an aggregate daily flow of 6,000 gpd would pay $5,000.00+ for the same aggregate treatment. The collection system is a new system; meters could readily be installed. The only flow to the plan should be that actually used and there should be no VORBALLY 7ARTLAND AN LEYEA LLP infiltration of the collection lines. There is no valid factor that permits a twelvefold disparity for the same service. Aside from the illegality, the Board should understand the ripple impacts. No new tenants will want to locate in a center were sewer charges are grossly disproportionate to those elsewhere. The extraordinary confiscatory costs can only depress the value of the center. Ver CO IM JHA/jm cc: S. Ifshin A. Roberts, Esq. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON PROPOSED OPERATION & MAINTENANCE CHARGES TO BE IMPOSED ON THOSE PROPERTIES WITHIN THE WAPPINGER SEWER TRANSMISSION TREATMENT IMPROVEMENT AREA PHASE 3A ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: 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 April 26, 2002, your deponent posted a copy of the attached notice of Public Hearing on the Proposed Operation and Maintenance charges to be imposed on those properties within the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. G GLORIA J. SE Town Cler Town of WXappinger cls` Sworn to before me the day o ,2002 ALBERT P. ROBERTS ROTARY PUBLIC, 3bb of NW yA Qnellfied InOutchess Counq Commission Expires Feb. 2 a9 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEAR-, ING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEAR- ING on the 13th day of May, 2002, at 7:30 p.m. at the Town Hall, Town of Wappin- ger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citi- zens shall have an opportu- nity to be heard regarding the proposed operation and maintenance charges to be imposed on those proper- ties within the Wappmger Sewer Transmission(Treat- mentImprovement Area Phase 3A who connect to the sewer facilities con- tained within the Improve- ment Area. PLEASE TAKE FURTHER NOTICE that the proposed operation and maintenance charges per Benefit Unit shall be paid quarterly in the sum of Sixty Five Dollars ($65.00) per quarter com- mencing July 1, 2002. Dated:nl 22, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK 4177 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the 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 published in the said newspaper foPne iUgfitAkPessively, in each week, commencing on the 1st. — day of 2002_— and on the following dates thereafter, namely on: And ending on the day of 2 both days inclusive 1� Subscribed ; d worn to b ore me this day of�, 200 i"f. J Public My commission expires /d , / X' 0290 11Uir,45`l :�dilt ()l':N1EV)y0!'X1V% State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the 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 published in the said newspaper foPne iUgfitAkPessively, in each week, commencing on the 1st. — day of 2002_— and on the following dates thereafter, namely on: And ending on the day of 2 both days inclusive 1� Subscribed ; d worn to b ore me this day of�, 200 i"f. J Public My commission expires /d , / X' �0VTHE�N DUTCHE5NEW� BEAC0N FREE PRES� 84 ET MAIN STREET WAPPINGFALLS, NY 1259� P'k -F -F 5- c-1 3- 1- Tn� W4PPINGE�� FP,LL5, T0WN F B(.y 312.4 WAPPINSEAS FALLS, NY 125")0 nntioe �tato �f NEW Y0MK ) Cnunty Of DUTCHES� ) T` J0AN MILLER' 11 duly swnrn, depo�,� and eay� that I em the B00KKEEPER of NOTICE FROLIC 'HEARING Dut�her-wo, a wkly napE,r of g*neral TOWN OF WAPPINGERNOTIOS IS HEREBY GIVEN that the /irnulation publieh�d in WAPPINGE�� FA,LL5'will Town Board of the Town of Wapplinger, conduct �� CountV o DUTCHES�, St�t* of NEW Y0RK; and the 13th day of May, 2002, at 7:30 own Hall, Town of th;�31t � notir�%ppinger, ,of whi�h the annexa(I ie a 20 MIddlebush Road, wappin?ers Falls, N*wYo*, at which. Print*d �oPy, we� duly publihed in South*rntime, 61 Parties In Interest and olti. zens shall have an opportunity to be heard regarding the ProPosedopera.2 lion and maintenance charges to beImposed on those Properties within the wappinger Sewer TransmissiorV Treatment improvement Are& Phase 3A who connect to the sewer facill. ties contained within the Improve. ment Area. �wVrn to PLEASE --'~^'~~ —�� hw��r� m* thi� 18t day of M�y, 2OO2 that proposed operation and aintenance charges per Benefit Unit shall be paid quarlarly in the sum, 0 Ixt Five Dollars ($65:00) per rt r commencing July 1, 2002. ALBERT M�\�Wtm Y to ; rII 22,2W2 Y1ORDER OF THE TOWN' nu/anv poBU:. STATE OF NEW YORK BOARD OF THE TOWN OF WAPPINGER 0oxunm IN oonxoxx COUNTY'LORIA J. MORSE TOWN CLERK #z4824076o �_. mwummuw anx�o VM0 �MM� . - �vv�