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1985-12-05 SPM ~w A Special Meeting of the Town Board of the Town of Wappinger was held on December 5, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Versace opened the Meeting at 7:32 P.M. Present: L Frank Versace, Supervisor Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk This Meeting was scheduled at the Regular Bimonthly Meeting of December 2, 1985 for the specific purpose of the Town Board taking action on the preliminary study prepared by Morris & Andros on Wappinger Sewer Improvement Area #1, which has an obligation to provide additional capacity for service to the undeveloped lands and the homes that are not presently connected to the system. A public hearing was held on this study and the New York State Department of Environmental Conservation is now requesting that the Town Board take positive action on the improvement of the Oakwood Knolls Sewer Treatment Plant. Mr. Versace moved that a final design be prepared for the bidding process on a new facility for Wappinger Sewer Improvement Area #1 at the Oakwood Knolls site, as reported in the preliminary study prepared by Morris & Andros. The motion was seconded by Mr. Incoronato who added that several communications have been received from Joseph Marcogliese, Associate Sanitary Engineer with the NYSDEC in White Plains, the most recent one mandated that a schedule from the Town be forwarded no later than December 13, 1985. It also calls for compliance to this schedule no later than July 1, 1988. Repre- sentatives from the engineering firm of Hazen and Sawyer from New York, were present at the Town Board's work shop last Thursday night and attested to the reasonableness of the numbers in the report, the feasibility was adequate and satisfactory and met with their stringent requirements. He was impressed with their presentation and would feel comfortable if the project was in their hands. The Town is under the gun and should move rapidly to upgrade WSI#l, irregardless if it is this administration or the new one. -~ . 3~1 Mrs. Paino asked Mr. Versace if the intent of the motion was to build a new plant and he replied he strongly felt a new system should be built at the Oakwood Knolls site as recommended in the report, this was the most economical and best way to go. I At her request the following letter from Mr. Marcogliese dated November 26, 1985 was read into the Minutes: Supervisor & Town Board Town of Wappinger Mill Street, Box 324 Wappingers Falls, New York 12590 J Re: Oakwood Knolls Gentlemen: J j I am in receipt of a letter from the Town Clerk regarding the referenced wastewater treatment plant. Please be advised that a schedule must be submitted to this office by December 13, 1985. This schedule must highlight dates to bring the facility into compliance by July 1, 1988. Very truly yours, sl Joseph Marcogliese, P.E. Mrs. Paino had spoken with Mr. Marcogliese on many occasions and relating to his recent communication, she asked him if he could be more specific on his meaning of "schedule". He replied that he is asking the Town Board to set a date at tonight's meeting when they expect to make a determination on whether they plan to have a new sewer treatment plant or tie into Tri- Municipal; he also indlcated that this date should be no later than March 1st to April 1st, 1986. In view of the fact that a new Town Board will take office on January 1, 1986 and the Town will have a new Engineer (Morris & Andros tendered resignation to the Town last summer) and probably a new Attorney, Mr. Marcogliese stated that the new Board would be the ones to make the decision on Wappinger Sewer Improvement Area #1. A letter should be sent to Mr. Marcogliese, she continued, stating that the Town Board will decide which direction it will take regarding the Oakwood Knolls Sewer Treatment Plant by March 15, 1986 and will be-in compliance with the DEC by July 1, 1988. Mr. Versace requested that a vote be taken on the motion now on the floor to proceed with the structure of a new facility at the Oakwood Knolls Sewer Treatment Plant for WSIA#l to provide a capacity that will be necessary to serve the undeveloped lands and homes not tied into the system. 37;( Roll Call Vote: Mr. Incoronato---Aye, Mr. McCluskeY---Nay, Mrs. Paino---Nay, Mrs. Visconti---Nay, Mr. Versace---Aye. Motion Defeated '-' Mrs. Paino voted against the motion for the reasons previously stated regarding the new Town Board making a decision by March 1st, 1986, also she is not comfortable with the figures in the prelimin- ary study prepared by Morris & Andros, specifically their formula for 0 & M charges, rather than dividing the amount to be raised [ by users, they divided it by benefit units. More time is needed to review and revise some of the figures in the report. Mr. Versace commented that when he took office, all Board Members knew that all of the residents in WSI#l had to be provided with service; Morris & Andros was authorized to prepare a study on that system at a cost of $10,000. A renovation and complete new facility at Oakwood Knolls is the best way and the most cost effective way to go, in his opinion. The sewer district will be governed by the Town Board who will set the rates and this will [ benefit the residents. Tri-Municipal is not the way to go to provide service for the lands. In order to meet schedules mandated by the D.E.C. there will be numerous procedures the new administration will have to follow if they intend to go to Tri- Municipal. Again, it is the most economical avenue for the residents---thus his "Aye" vote. MRS. PAINO moved to send a letter to Mr. Joseph Marcogliese, Associate Sanitary Engineer with the New York State Department of Environmental Conservation indicating that the Town Board will decide which direction it will take on the Oakwood Knolls Sewer Treatment Plant no later than March 15, 1986. '-' Seconded by Mr. McCluskey - l ,,"Mr. Incoronato stated that now he washes his hands of the matter. but voted "Aye" for the benefit of the incoming Board. Motion Unanimously Carried Mr. McCluskey voted against the first motion due to the time frame on the new administration taking office; it should be their responsibility to do the job. He did not vote against the renova- tion of OKSTP, nor did he vote for Tri-Municipal---let the new administration handle it and the onus will be on them if it is not handled properly. .393 Mr. Versace concurred with Mr. Incoronato---his administration gave it their best efforts and proposed what they felt would be the most economical cost to the residents of WSI#l, but since the new administration wants to assume the responsibility, he will go along with them. The Town Clerk informed the Board she had been served with a Motion Note of Issue and petition from DWS New York Holdings, Inc. I against the Town of Wappinger Town Board and Thomas Logan, Assessor and wappinger Sewer Improvement Area #1, (re Cranberry Hills ~ Development) special sewer assessments. MR. MCCLUSKEY moved to refer this matter to the Attorney to the Town to defend on behalf of the Town of Wappinger. Seconded by Mrs. Paino Motion Unanimously Carried There was no other business to corne before the Board. MR. MCCLUSKEY moved to close the Special Meeting, seconded by Mr. Incoronato and unanimously carried. The Special Meeting closed at 7:49 p~~~ I Elaine H. Snowden Town Clerk Spl. Mtg. 12/5/85 ~ Ii II A Public Hearing was held by the Town Board of the Town of Wappinger on December 16, 1985 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a Local Law Amending Local Law No. 11 of 1980 with Respect to the Minimum Charges for Consumption With Use of Water for the Watch Hill Water District. -- Supervisor Versace Opened the Hearing at 7:00 P.M. \.t PRESENT: Frank Versace, Supervisor Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made a part thereof of the Minutes of this Hearing.) Mr. Versace mentioned that the rates for this Water District will l increase from $35.00 minimum charge to $39.00 minimum charge in 1986. Mr. Versace asked for comments from the public either for or against this Law. There were no comments or questions from those present on this proposed Local Law. Mr. Incoronato moved to close the Public Hearing seconded by Mr. McCluskey and unanimously carried. The Hearing closed at 7:03 P.M. ~~n~n~ Town Clerk -., l TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------- IN THE MATTER AFFIDAVIT OF OF POSTING ..I NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW WITH RESPECT TO MINIMUM CHARGES FOR CONSUMPTION AND USE OF WATER FOR THE WATCH HILL WATER DISTRICT ------------------------------------ STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 3rd, 1985, your deponent posted a --. copy of the attached notice of Public Hearing on a proposed L Local Law With Respect to Minimum Charges for Consumption and Use of Water for the Watch Hill Water District, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. ~L<.R. i,j SW\'JAo" Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me day of 8~ this /c; --z7- ( 1985. \.; {2~tJod Notary P~b/ c ARTHUR J. WALKER IIQTARY MOO, STATE OF NEW TOIIK QUAlIfIED I" DUTCHESS COUII1Y <77 eoMMISSION fXPIRES MARCH 30, It.a.. 1\ , :i! w. a~d s. D. NEWS DISPLAY ADVERTISING .:- CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS, NY 12590 / -I AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. L NOTICE 1$ HEREBY GIVEN that there has,be8n.dul)' presented and introduced' before the Town Board.of the Town fll W~ pinger, Dutchess County, New York on Qecember2nd, 1985. a. proposed<.Local Law as lollows: . . " . .1 LOCAL LAW NO. OF THE YEAR 1984 AMENDING LOCAL LAW NO. n.OFI980 WITH RESPECT ::to .. THE MINIMUM-,. CHARGES FOR.CONSUMPTION.,WITH.. . USE OF WATER FOf.l.THL\1I~!~.tj!.LlI'''I' -WATER DISTRICT. ._.-. . ....- "0' ,,,,,~,h t:EIC\fItrtAW .1iIG;i 'llfJt"JCJ S I .f-E.'''' ;. OF THE. yEAR t9B5 ,,~,:...' .BE IT ENACTED. by the Tow'!,BOlllll-of the Town 01 Wappinger, Dutchesa County . New York. as lollowsc' '."',,, ". d..:.... .. \' .SECTlON t. Ellective the aecond-districl tlscel quarter 01 the year 1!j!l6. thelollow. j log rate. shall be cherged: the owner shell be obligated to pay the minimum charge 01 .. tbirty-nine c\OIlara ($39.00) per each quarter, I l'8l,Iardless 01 the consumption 01 water lor ! said quarter, provided said owner is con- i ~~rtot~~yat:" at any lime during thll. i lri -aci~ 10 the loregojtjg, there shall., I be the'.ioi~ charges:.'..... I NUMBE.R"'Of GALLONS~:in .excess .01 I 2,500. cU.'lt' RATE PER THOUSAND . GALLONS: $1.401100 cu. ft. . .. ,. SECTION 2, All other provisions of Locel Law No. 11 of 1980 are hereby ratified w"h . the exception of SectiOn.l; Subdivision B . which this local law hereby amends and '.whlch refers to the minimum cherges for consumption of water: . SECTION 3. This locellaw shell take el. ,'1eCt upon adoption .and as provided by M\SIlicipal Home Rule Law.. . . NOTICE IS FURTHER GIVEN that the Town Board will conduct a Public Hearing : on the aloresaid proposed Local Law at the I 'Town Hall, Mill Street, Village of Wapp- . ingers Fells. DutChess County. New York I obn December. 16th,. 1985 at 7:00 P.M. I t::.S.T. on such date at which time all par. I' tie-;! interested will be heard: NOTICE IS FURTHER GIVEN that. 'cOPies of thiiafor8said proposed Local Law j .~ill~~~a~~.~nll<Bmination ~ iIT- '1 -. .~:! ,', - - '., -" ~ spaction atthe ollice 01 the Town Clerk 01 the Town 01 Wappinger in Town Hall bet. -" the <lale.ol this notica and the date ',. 01 the public heariE~INE H. SNOWDEN . TOWN CLERK , TOWN OF WAPPINGER ?at~d:~.:~~er 2, '98~ .' Gisela Schmitz . . . . . ~, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter vv!lS, the . .B.QQ~eli!P~r. . . . . . . . . . . of the W. & S.~. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published. in the said newspaper for. . q~~ . . . . . weeks successively. pp-.c.e. . . in each week, commencing on the. Lrth. . day of. De.c.- . 19.85. . and on the following dates thereafter, namely on ......... ........... ....................... and ending on the. . . ~:tA .. . . . day of. . . p.e.c._. . . ; . 19.~5.. both days inclusive. .. .00Jta.. ({!!<~, 0.. .. . v , Subscribed and sworn to before me this.. !f.t.1L.... day of. ... P.~G,. .19. 85........ ... .~.-................... Notary Public My commission expires. . . . . . . . . . . . . . . . . . . . . . . . . ALBERT M. OSTEN NOTARY pur:uc, STATE OF flEW YORK QUAL!F:~il ! 'I ')'fE:lESS (;O~/lTY CQMMISSIO; ~;;~~'~O~;A~~H 30. 19.9~