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2006-09-28 SPMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting September 28th, 2006 7:30 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI 7:30 PM Meeting called to order on September 28th, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. PUBLIC HEARING TO CONSIDER THE QUESTION OF THE CONSOLIDATION, PURSUANT TO CHAPTER 718 OF THE LAWS OF 2006 AND SECTION 206-A OF THE TOWN LAW OF CERTAIN WATER DISTRICTS AND WATER IMPROVEMENT AREAS IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. III. Resolutions 2006-220. A Resolution Making Certain Determinations In Relation to the Consolidation of Certain Water Districts and Improvement Areas and Approving the Establishment of Wappinger Consolidated Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Chapter 718 of the Laws of 2006. IV. New Business/Comments V. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting ^ Minutes — Chris Masterson (845)297-5771 Thursday, September 28th, 2006 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the meeting to order at 7:36 PM. Attendee Name` VT g nizatid1h `, TI1 Status Axrived _ _.. Joseph Ruggiero . Town of Wappinger _ Supervisor Present Robert Valdati Town of Wappinger Councilman Present Vincent Bettina _ Town of Wappinger _ _ Councilman Absent _Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Public Hearings 1. RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER THE QUESTION OF THE CONSOLIDATION, PURSUANT TO CHAPTER 718 OF THE LAWS OF 2006 AND SECTION 206-A OF THE TOWN LAW, OF CERTAIN WATER DISTRICTS AND WATER IMPROVEMENT AREAS IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. Supervisor Ruggiero opened the Public Hearing and introduced those in attendance that would be presenting information and responding to questions. Those individuals include Town of Wappinger Town Attorney, Al Roberts, Mike Tremper from CAMO Pollution Control, and Town Engineer, Jay Paggi. Town Clerk, Chris Masterson, offered for the record the affidavits of posting and publication, duly signed and notarized. (These affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero then commenced to give the audience a history and summarized sequence of events concerning the Town's water districts. The Town's current situation is the result of a culmination of decades of water districts and water improvement areas coming together and functioning, physically, as one water system. It is the goal of the Board that everyone in the water district areas are paying for the same Operation and Maintenance quarterly charge as well as well as the same Capital Tax for all of the improvements up to this point and forward. This legislation has gone through the New York State Assembly, New York State Senate, and was reviewed by the New York State Comptroller and New York State Governor's staff. It was found to be fair and equitable and, therefore, passed both houses of the legislature. Supervisor Ruggiero then asked Al Roberts to address the audience. Mr. Roberts began by providing additional background. In the early 1970's, when the Town began providing water service to large areas, it did so by forming what is known as an Improvement Area. At about the same time, the Town was also acquiring smaller water districts, of smaller areas, from private developers. In doing so, the Town would either create a water district or a water improvement area. Statutorily, water districts and water improvement areas are completely different and legally incompatible. For instance, a water improvement area is created for one project. Once that project was completed, the improvement area ceases to exist except in the matter of repayment of capital debt. On the other hand, a water district, once created, remains in place indefinitely until dissolved. If repairs are required to the system, the district does not need to be reformed. The district is still in place and, mechanically, it is easier to facilitate future money generation to make the capital repairs. Because of these technical incompatibilities, and since there is nothing in the law that allows districts to become improvement areas, or vice versa, the Town asked the State Legislature to consolidate a number of the Town's water improvement areas and water districts. Mr. Roberts referenced a map that was displayed at the front of the room which illustrated the consolidation. The specific districts and improvement areas included are: The Central Wappinger Water Improvement Area, the Wappinger-Cranberry Water Improvement Area, the Wappinger Park Water District, the Ardmore Hills Water Improvement Area, the Central Wappinger Emergency Improvement Area, the Wappinger Improvement Area 1999-2(R), the North Wappinger Water District, the Myers Town of Wappinger Page 1 Printed 10/11/2006 Special Meeting Minutes September 28, 2006 Corners Water District, and the Oakwood Knolls Water District. Excluded from this process are the Tall Trees Water Improvement Area, the Watch Hill. Water District and the Fleetwood Water District. Mr. Roberts then turned the floor over to Mr. Paggi. (Supervisor Ruggiero interjected to introduce the Town Comptroller, Jean Gallucci, whom was also present). Mr. Paggi began by explaining that his firm has been working on the water districts and water improvement areas since 1973. He then began to explain the map displayed at the front of the room. The Town has developed a number of water districts, each of which started out as separate, [distinct] districts. Each had its own source (wells), series of pumps, and interconnected series of pipes. Some had their own water storage facility. None of these districts were connected. Over the years, it became necessary to do a lot of work on the smaller systems. Those small systems were abandoned as individual systems and connected to larger systems. Right now, they are all connected and fed by the two main water sources for the Town: the Atlas Well field on the Northwest end of town and the Mill Top well field on the southeast end of town. All of the districts are physically connected by pipes except for Tall Trees, Fleetwood and Watch Hill. They are smaller, separate districts at a distance from the central system. It would not be feasible to connect those districts into the central system. The eight districts that have been consolidated over the years are the subject of the proposed consolidation. In 2005, application was made to the State Legislature and the State Governor to consolidate these districts into a "super -district" which will be called the United Wappinger Water District. The purpose of this consolidation is to more efficiently operate the districts from a capital debt repayment perspective and in regards to the operation and maintenance perspective. Daily operation and maintenance is performed by CAMO Pollution Control.. It was felt that, as all of the districts are connected, it was an opportune time for the consolidation. One factor that allowed for the consolidation to take place is a water improvement that was done in 1999 by the name of Water Improvement 1999-2(R). It was a relatively significant project with an approximate cost of Ten Million Dollars. It upgraded both of the sources (the Atlas and Hill Top well fields), the supply, the pumping facilities, the transmission component of the system (the large pipes that pump the water from the well field up to the tanks), the water storage facilities on Cider Mill Loop, and made improvements to the telemetering and the controls of the system. After the completion of this project (the Town was still in the final. phase of this project), the Town is able to hook the Oakwood Water District and the Wappinger Park Water District into the central system (the 1999-2 (R) system). Oakwood had two wells - one that hadn't been pumped in years and the other that is marginal at best. Because it was so small, it cost a significant amount of monies to operate the district on a yearly basis. Wappinger Park had water quality problems, such as chlorides, for the last ten years. They were both very expensive systems to operate and, although they met all of the Codes, the quality of the water was marginal. The 1999-2 (R) project permitted these systems to tie into the central system. However, when. the 1999-2 (R) was set up, it was not contemplated that Wappinger Park nor Oakwood would tie in or pay for the project. The proposed consolidation would ensure that everyone that is connected to the system pay for the improvements. All residents get a tax bill in January. Part of the bill is the charge for water districts. The line item shows how much the resident will pay per benefit unit. (A benefit unit is a house, tied into the water system, on a lot less than two acres). A resident in the Central Wappinger Water Improvement Area would see three line items on the tax bill because that resident is actually in three Water Improvements. For 2006, that resident would pay a sum of approximately $129.00. The goal of the consolidation is to simplify all of the administrative paperwork, to consolidate the work done both in the field and at Town Hall, to consolidate all of the debt in the eight districts, and to consolidate and unify the operation and maintenance costs. For 2007, the debt repayment for each individual district will be humped together to be paid by everyone in the United Wappinger Water District. A review of the 2006 tax rates for the five of the largest districts to be consolidated shows the following: the Oakwood Water District paid approximately $128.00, Wappinger Park paid $218.00, the North Wappinger (more commonly known as the Atlas Water District) paid $127.00, the Central Wappinger Water Improvement Area paid $129.00, and the Ardmore Water District paid $120.00. When all of the existing indebtedness is combined to be paid by the United Wappinger Water District, the 2007 proposed rate would be consistent for everyone within the consolidated district. That rate would be $124.00. In the past, there have been different Operation and Maintenance rate structures for most districts. Operation and Maintenance charges are on the quarterly water bill based on how much water you use. This was very difficult to administer. In the proposed United District, there will be one rate structure for everyone in the district. For 2007, the rate structure for Operation and Maintenance on the quarterly bill is not anticipated to change from that of 2006. This consolidation is not going to affect the cost to produce the water or to deliver the water to the households. Mr. Paggi summarized and turned the discussion back over to Supervisor Ruggiero. Town of Wappinger Page 2 Printed 10/11/2006 Special Meeting Minutes September 28, 2006 Supervisor Ruggiero asked Mr. Paggi to explain to the residents the current improvement in the North Wappinger Water District and how it would have been solely borne by the residents in that district. The Town discovered a water line that it did not have an easement for. The line broke about 18 months ago and now needs to be relocated. There is no direct benefit of moving this line for any one resident, and yet, the cost of the project would be approximately $500,000. Jay Paggi explained that the project that the Supervisor was referring to is over in the Cindy Lane and New Hackensack Road area. It was discovered that there were three homes off of a common service line that ran through back, front and side yards. These lines were not properly connected. Normally, there is a water main in the street in front of each home and a service connection of a smaller diameter that's tapped into the main. Each home has its own separate water service connection. This large 2" water service connection fed four or five homes. Mr. Paggi is proposing to abandon the improper connection and extend the main about 600 feet down New Hackensack Road and provide those houses with new water service connections. It is a project totaling approximately $535,000. If that project was undertaken solely by the North Wappinger Water Improvement and bonded, that yearly tax bill would be approximately $77.00. If that project were now done and covered by the entire United Wappinger Water District the increase would be about $8.00 per year. Supervisor Ruggiero then opened the floor for public comment. The first resident to speak was Berton Roblin of 95 Lossee Road. Mr. Roblin pointed out that when BJ's shopping center was put in, the line ran right past his house. At that time, he applied to the Town and got permission to tap in. Since he was out of the water district he was charged twice the normal usage rate. He asked what his status was now. Supervisor Ruggiero replied that he would become a resident of the district. This law eliminates all tenancies. He would be paying a normal O&M and capital rate. The next resident to speak was Richard Dehais of 71 Edgehill. Drive. He bought a lot in 1964 which was at a higher price than typical lots because it was part of the Hilltop Water District. He made the following paraphrased statement which he wanted clarification on: If a resident bought a home in the Atlas District, which would cost a lower level because that system was poorly done, that resident would be asking for the rest of the Town to pay for it. He added that the Town would be asking the residents to take up the problems for all other problem sections because they were "at a tough time". Supervisor Ruggiero responded. What is being said is that the water systems were private when the neighborhoods were built. When the Town had to intervene in the 1970's and 1990's, it was because the systems did fall into a state of disrepair. This is the case with the Wappinger Park Water District and Oakwood Water District. The residents suffered under the private operators until the Town intervened and took them over. The residents of those Districts, as well as the larger Districts, have invested their own money time and time again. Even when residents of the Hilltop Water District thought that they had a premier water district, they didn't because, for many years, that district had an annual ban. The reason for the ban is that the wells were not meeting the demand of the residents. The district was built in the 1970's and could not meet the increased demand over time. Mr. Dehais asked when the Hilltop Water District was created. Supervisor Ruggiero replied that it was 1972. Mr. Dehais then asked if it was not operating correctly at that time. Supervisor Ruggiero then asked Mike Tremper of CAMO Pollution Control to respond to Mr. Dehais questions. Mr. Tremper has worked for the Town as a water operator since 1974. He pointed out that the water districts each have their plusses and minuses. For example, the Hilltop Water District is a good well field, but it is very subject to draught. When the Town is experiencing draught conditions, the output of that well field drops from 1200 gallons per minute down to 300 gallons per minute. That output would barely supply the immediate area around the well field. The residents of that district were in as much need of the 1999-2(R) project as the residents of the Oakwood District. There was never a generator at the Hilltop well field. The storage tanks up on Cider Mill Loop were failing. The improvement was to rebuild the 1,000,000 gallon tank and install a new tank. Every system had its good and bad points and this consolidation brings it all together into a working functioning unit. In the future, there will be other challenges with drinking water. The Town will now be able to address them as a large unit as opposed to individual problems. Supervisor Ruggiero asked Mr. Tremper to explain to the residents that the Hilltop district was offline for a time under 1999-2(R) and that if it wasn't for the larger project, the residents would have been in a real crisis. Mr. Tremper explained that the district was originally set up and had things that needed to be done to it to bring it up to today's Health Department standards. Those standards are getting stricter and stricter. For example, a chlorine detention tank at the Hilltop well field. In order to do that, the well field was required to be completely offline for approximately six to eight months. If the Town had not done the enhancement and made the larger district, there would not have been a source of water for those residents. Emergency sources would have been brought in that would have probable quadrupled the cost of Town of Wappinger Page 3 Printed 10/11/2006 Special Meeting Minutes September 28, 2006 the job. Mr. Tremper reiterated that when you have the entire area working together as one group, it's a lot easier to face any upcoming issues than as individual districts. The next speaker was Mrs. Olivieri of 207 Old Hopewell Road. Mrs. Olivieri asked if BJ's was part of this United district. Supervisor Ruggiero replied that it was not. BJ's has its own water supply. It has fire water service provided by the district, but nothing else. Mrs. Olivieri then asked if it were correct that there were several residents on Lossee Road that have become tenants to this new district. Supervisor Ruggiero responded that she was correct. She then asked how many residents there were that were tenants. Mr. Paggi replied, "Approximately six." She questioned this figure and stated that Mr. Paggi. previously said that there were 25 tenants. Mr. Paggi clarified that there were 25 tenants throughout the entire district. Mrs. Olivieri went on to say that they will now become residents of this United district and, therefore, their costs will be lowered. Supervisor Ruggiero answered that their O&M will be brought in line with everyone else's because they are now part of the district, but they will now realize the capital tax. Until now, they have not paid anything into the capital infrastructure. Oakwood, which has 82 homes, and Wappinger Park, which has about 79 homes are tying into a district of about 4000 homes. There is about Ten Million Dollars worth of indebtedness in the big area and their tax is about $125-128 a year. The smaller districts have only a couple hundred thousand Dollars of indebtedness, yet they are paying the same tax. Supervisor Ruggiero pointed out that Wappinger Park would see the largest decrease in charges. That district has had a couple of improvement projects over the years. The wells had to be redone and, more recently, there was an MTBE detection in the wells. The Town obtained a grant for this project, but the cost was still about $780,000. Commercial properties were also picked up on Route 9 because there was no other viable water source. Mrs. Olivieri asked if those commercial properties are being included in the United district. Supervisor Ruggiero replied that Hark Plaza and the new Corporate Park would be going in, but Corporate Park would be building that pipe at their own cost. Mrs. Olivieri stated that those properties would still be drawing water. She followed that up by claiming that the Rockingham district failed not long ago with the addition of a new well. Supervisor Ruggiero, and others in. attendance, pointed out that that was not true. Mr. Tremper explained that in 1999, two Rockingham wells were found to have Giardia and Cryptosporidium. At that point, those wells were shut off. There was already a pipe connecting the Rockingham district to the other water systems, and that valve was opened and the system put online. Mrs. Olivieri went on to say that there was a development by the naive of Shamrock that was being built by Toll Brothers on. Old Hopewell Road. She claimed that there would be 88 units. The Board replied that it was 62 units. She asked if that development would also be tapping into this district. Supervisor Ruggiero explained that this development has been in the district "since day one". She asked if any of this water would be coining from the Hudson. The Board replied that it would not. Mrs. Olivieri found it difficult to believe that all of this water would be coming from the four wells that she saw illustrated on the diagram. Mr. Paggi. explained that the Town could pump, from the Atlas well field, approximately 1500 gallons per minute during draught years. Mr. Tremper pointed out that nobody is more concerned about expanding beyond the water supply than he. The Town Engineer and. Town Board have a running total of the amount of available water and the amount of hook-ups that the water can serve. The boundary that is illustrated on the map was partly designed by looking at the amount of homes that could be served with the available water. Supervisor Ruggiero commented that he has an obligation to meet the potential need of all the properties within the water district that was laid out decades ago. For years there was a moratorium on construction and subdivisions. At some point, the town was probably going to get sued for charging a water tax when there was no water available. The Town conducted the 1999-2(R) to alleviate the needs of the district and have not had a water advisory, aside from the gasoline spill on Jackson Road, since then. There is enough water in the system to handle all of the current homes and the potential. growth of homes. Mrs. Olivieri understood but pointed out that when she moved to the area 25 years ago, homes had one bathroom and two or three bedrooms. Now, homes are being built that have three or four bathrooms. Mr. Paggi explained that that was being taken into account in the projections. He went on to say that, although the new homes have more bathrooms, the fixtures are much more efficient. Therefore, the overall water usage is less. do Mr. Dehais asked to make another statement. He wanted clarification on what would happen when new developments were built. He thought that Mr. Paggi said that any new developments would become part of the district. Mr. Paggi clarified that that only applies if the new subdivision was within the boundaries of the United district. Supervisor Ruggiero asked how long Shamrock was before the Planning Board through all of the different stages. Mr. Paggi replied, "Six to seven years." Supervisor Ruggiero then asked Mr. Paggi to explain the lawsuit that was settled in the 1980's. Mr. Paggi explained that there were properties within the existing district that were paying taxes since 1972. The Town was unable to supply these specific properties with the utility. There was a lawsuit which ended Town of Wappinger Page 4 Printed 10/11/2006 Special Meeting Minutes September 28, 2006 in a settlement. There are currently four large properties within the central district that have been in the district since 1972. When the future calculations were done for the United district, the assumption was made that those large properties are built out. The Town has the obligation to supply those properties. The property that is going up now east of Kendell Drive is one of those properties. Mr. Tremper added that the Shamrock Subdivision will provide a huge benefit to the operation of the water system because it will loop water back around from the Spook Hill area to the Rockingham subdivision. They are going to connect a pipe that the Town would have had to pay for and are going to have it sized larger than they would normally have in order to benefit the Town. Mr. Tremper has noticed that as developments come in, the Town has been able to get the developers to improve the operation of the water system. Discussion followed. The next resident to speak was Ronald F. Latko of 79 Helen Drive. Mr. Lafko stated that he approves of the idea of the water district consolidation. He asked if there would be any changes concerning certain non-residential customers. Supervisor Ruggiero answered that the Town conducted a strong analysis of all commercial properties in the water districts last year. The Town then came up with a commercial rate structure. A previous Town Board from decades ago set a rate structure that basically said: "the more you use the less the Town charges per gallon." In other words, buying in bulk was a savings. In reality, the more water that is used, the more it costs the Town. Last year, the Town's electric bill changed the charge from nine cents per kilowatt hour to fifteen cents per kilowatt hour. The Town set a minimum rate for commercial properties at $90.00 per quarter. Commercial properties also have different overage and usage charges. The Town expects a water budget to be approximately $740,000. About 10%, or $70,000, is paid by commercial properties. The rest is paid by residential properties. In the past, commercial properties were not paying their fair share. Mr. Lafko asked about apartments. Supervisor Ruggiero replied that apartments are charged per unit as if they were single homes. Mr. Lasko followed up by asking what would start happening when there is more build -out. There will be more benefit units added to the overall numbers. As more customers hook-up, more customers will be paying into the O&M rate. The residents will see a large share of the capital costs being absorbed by more units. Commercial properties' assessment value is a component of calculating its benefit unit. As the values go up, the commercial properties will take up more share of the benefit unit cost of the capital tax. Mr. Lafko then asked what the total O&M rate for 2007 was going to be. Supervisor Ruggiero replied that the rate would be $39.00 per quarter. He added that the residents should not see a rate increase. Mr. Lafko then asked what the resident would be spending on water in O&M and capital. Supervisor Ruggiero responded that he would be spending $285.00. Mr. Lafko then pointed out that that figure is in line with what other municipalities are charging. Mr. Lafko asked if the 1999-2(R) project was completed. Mr. Paggi replied that it was 90% done. Mr. Lafko then asked what would happen when expansion comes into play. Mr. Paggi stated once again that the Town has accounted, within the district: how much water can be produced within Hilltop, how much water can be produced from Atlas, and how much water can be produced by both in draught conditions. When the Town did the calculations, there was enough water to support full build -out in. the district. Supervisor Ruggiero asked Jay to explain the Meadowood situation for the residents. Mr. Paggi explained that Meadowood Subdivision is at the Southwest corner of Old Hopewell Road and All Angels Hill Road and consists of 40 lots. Meadowood could not be built out because it could not sustain individual wells on that property. The developer then drilled two wells along Sprout Creek, just west of the bridge on Old Hopewell Road and constructed a water filtration and pumping facility to be dedicated to the Town. In turn the Town will supply the subdivision with. water. Those 40 houses will use approximately 24,000 gallons a day. The water pumping facility that is being built and dedicated to the Town can pump in excess of 400,000 gallons a day. The water will be pumped right into the system. The Town should be taking control of those wells this fall. The next resident to speak was Mrs. Olivieri. Mrs. Olivieri asked if this included the South side of Old Hopewell Road. Mr. Paggi replied that there was one property on the South side of Old Hopewell Road, which is a large parcel, on the corner of Old Hopewell Road and Cedar Hill Road that is in the district. The rest of the properties that are South of Old Hopewell Road are not in the district. Mrs. Olivieri pointed out that the area she was talking about is directly across from Rockingham. The entire board and professional staff replied that she was talking about Meadowood. Mr. Dehais asked Mr. Paggi to explain the numbers listed on the chart at the front of the room meant. Mr. Paggi explained them again. Mr. Dehais asked that Mr. Paggi explain the components of the tax bill. Mr. Paggi did so. Mr. Dehais followed that he has been paying for the Town's installations, modifications, and repairs for years and years. Supervisor Ruggiero asked Mr. Paggi to explain the districts that bought Atlas. Mr. Paggi explained. The districts that bought Atlas are Central Wappinger Water, Ardmore, Myers Corners II, North Wappinger, and Cranberry Hills. Those 5 districts bought the Atlas Water District in 1991. They are paying Town of Wappinger Page 5 Printed 10/11/2006 Special Meeting Minutes September 28, 2006 between $7.00 and $9.00 a year for that purchase. Without that purchase, the improvements being carried out today would not be possible. Mr. Dehais asked if the Town would ever be able to take water off the big pipe coming from Poughkeepsie. Supervisor Ruggiero replied that that applies to the Fourth Ward in the Town. The Town of Wappinger talked to Poughkeepsie about that possibility. The City and Town of Poughkeepsie will ultimately own the source of that water and would demand that the Town of Wappinger buy a minimum quantity regardless of the usage. The cost of the water is three times the Wappinger cost of water. They wanted $700,000 a year just to reserve the water, not to use it. It may be an option for a future Town Board to look at, but is not presently a reasonable option. The next resident to speak was Sandy Goldberg of 40 Wildwood Drive. Mrs. Goldberg pointed out to the Board that they said this consolidation would unify the billing for the Town, that the usage costs would now be uniform across districts, and what the residents would be paying per quarter is going to stay the same for all of the different sections. She asked how that is going to happen. Supervisor Ruggiero replied that, up until 2005, there were different rates. Most people in the Central Wappinger Water District were paying about $27.50 per quarter. People in North Wappinger were paying in the low $30.00 area. People in Oakwood were paying $85.00. In Wappinger Park, people were paying $85.00. Once they came into the system, they had the benefit of paying less in O&M costs because it was being shared by so many others. In 2006, the Town looked at the real cost of operating everything and spread it out. It isn't that the formulas are varied from district from district; it was the inputs that make the difference. Some districts have 82 people but their fixed costs are great. Mr. Tremper would have to do the same work as in a district of 5000 people. The costs for those small districts dissipate as they are spread across everyone. Craig Zimmerman, of 27 Roberts Road, was the next speaker. Mr. Zimmerman asked how long the residents would be paying $129 if the Town didn't do the consolidation. Supervisor Ruggiero answered that he had been paying the $129.00 since 1999, when the Town first started the bonding on this. As the money is spent, the indebtedness goes up. There is about another $800,000 left before the project is done. The figures will go up another $4.00 or $5.00 over the next few years. Once the bond is fully spent, it is anticipated to be spent down over 20 years. The Town is 7 years into a 20 year indebtedness. Mr. Paggi added that there will be no new financing. Mr. Zimmerman replied that Mr. Paggi answered his question. Along the way, there are probably 9 different bonds. They will be retired at various times. Supervisor Ruggiero pointed out that the original water improvement bond from 30 years ago was just retired. Mr. Zimmerman asked how this would affect sewers. Supervisor Ruggiero replied that it does not affect sewers at all. The Town may be looking at doing the same thing for sewers in 2007. Phase 1, 2, and 3A are basically all one system. They all go to the Tri. -Municipal plant. It seemed that it would be easier to get the water legislation through because all of the residents were all at the same level of payment in taxes for water. It wasn't expected to be that much of a transition politically or administratively. Mr. Lafko spoke again and asked for clarification about certain sections of the maps. Mr. Paggi explained the map again for Mr. Lafko. At that time, Supervisor Ruggiero asked if there were any further questions or comments. There were none. Councilman Paoloni made a motion to close the Public Hearing. Councilwoman McCarthy seconded the motion. After a unanimous vote, the Public Hearing closed at 8:41 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Robert Valdati, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 6 Printed 10/11/2006 T N.Y. BLICATION .s State of New York441 County of Dutchess O 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 2006 in the city of Poughkeepsie, Dutchess County, New York, and that the ►nnexed NOTICE was duly published in the said newspaper orone Weeeks succcessively, in each week, commencing ►n the 4th. day of )Ct. :006 and on the following dates hereafter, namely on: nd ending on the day of 2006 , bot ays inclusive. ibscribed and sworn to before m this .- y of , 2006 Notary Pu �`;�ItII1SS IVIHUII'�i�v�� � O , /l N€tMY PUBLIC, STATE OF NEW YORK NO. 01 015096485 QUALIFIED IN DUTCHESS COUNTY. COMMISSION EXPIRES OCTOBER 14, 200 SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A -F -F i d a %a i.. t-- c> -F P u b 1 �L +c a -t z c> n To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #74984 State of NEW YORK } County of DUTCHESS I, TINA HEATH, being duly sworn, depose and say: that I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 10/04/06. Sworn to before me this 4th day! of October, 2006 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in QUTCHESS County My commission expires on June 15, 2007 RECEIVED OCT 16 2006 TOWN CLERK Special Meeting Minutes September 28, 2006 III. Resolutions RESOLUTION: 2006-220 A Resolution Making Certain Determinations In Relation to the Consolidation of Certain Water Districts and Improvement Areas and Approving the Establishment of Wappinger Consolidated Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Chapter 718 of the Laws of 2006. WHEREAS, the Town of Wappinger, Dutchess County, New York, has heretofore established the following water districts and water improvement areas, amongst others: (1) The Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the Myers Corners II Water District, and (9) the Oakwood Knolls Water District (which water districts and water improvement areas, including extensions, if any, thereto, are referred to herein collectively as the "Prior Water Districts/Improvement Areas" which specifically do not include Tall Trees Water Improvement Area and the water districts known as Watch Hill Water District and Fleetwood Water District); and WHEREAS, costs of debt service, operation and maintenance of each of the water districts included in the aforesaid Prior Water Districts/Improvement Areas has been a charge against all the taxable real property within each respective water district included in the Prior Water Districts/Improvement Areas or in the case of the water improvement areas included therein, pursuant to the provisions of section two hundred nine -q of the town law, the town board has been responsible for the management, maintenance, operation and repair of each water improvement area, and, to the extent that moneys therefor have not been raised by water rates, the cost of such management, maintenance, operation and repair has been a charge upon the area of the town outside of any villages and has been levied and collected in the same manner and at the same time as other town charges while the cost of debt service for improvements has a charge against all the taxable real property therein, benefitted thereby or by the area of the Town outside of any Village or a combination thereof as provided by law and the proceedings establishing each such water improvement area; and WHEREAS, pursuant to Chapter 718 of the Laws of 2006 (the "Special Act"), the Legislature of the State of New York has authorized the Town to consolidate as Wappinger Consolidated Water District, the Prior Water Districts/Improvement Areas and it is now desired to consider the question of the consolidation of said Prior Water Districts/Improvement Areas; and WHEREAS, it is further desired, pursuant to Section 206-a of the Town Law and the Special Act that all expenses of said Wappinger Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of said Wappinger Consolidated Water District, as hereinafter described; and WHEREAS, an Order was duly adopted by said Town Board on September 11th, 2006, specifying the 28th day of September, 2006 at 7:30 P.M., Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the question of the consolidation of the Prior Water District/Improvement Areas and the establishment of said Wappinger Consolidated Water District and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by the Special Act, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; WHEREAS, said Town Board has considered the evidence given at said public hearing; and it is now desired to provide for such consolidation and to provide for certain other matters relating thereto; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) It is in the public interest to consolidate the Prior Water Districts/Improvement Areas and such consolidation as the Wappinger Consolidated Water District is hereby authorized and approved. b) The effective date of the establishment of such Wappinger Consolidated Water Town of Wappinger Page 7 Printed 1011112006 Special Meeting Minutes September 28, 2006 District shall be as of midnight on the thirty-first day of December next succeeding being December 31, 2006. c) Upon such consolidation becoming effective, all of the property of each of the Prior Water Districts/Improvement Areas existing prior to the effective date of the consolidation described herein shall become the property of the Wappinger Consolidated Water District and all unexpended funds of each of the Prior Water Districts/Improvement Areas existing prior to the effective date of the consolidation described herein shall become the property of the Wappinger Consolidated Water District. d) Upon such consolidation becoming effective, any indebtedness of each of the Prior Water Districts/Improvement Areas incurred prior to the effective date of consolidation described herein which shall be outstanding as of the effective date of such consolidation shall be assumed and paid by said Wappinger Consolidated Water District. e) To the extent not paid from water rates, there shall annually be apportioned and assessed, in an amount equal to the benefit which improvements shall confer upon same, upon all the taxable real property in such Wappinger Consolidated Water District, an amount sufficient to pay the principal and interest of the outstanding indebtedness of each of said Prior Water Districts/Improvement Areas as extended, incurred prior to the effective date of the consolidation herein described, as the same shall become due and payable, but if not paid from each such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said outstanding indebtedness. f) Future assessments for costs of improvements authorized as of the effective date of the establishment of such Wappinger Consolidated Water District, as the same may be amended, and improvements to be authorized after the effective date of such establishment, including the payment of the principal of and interest on bonds and bond anticipation notes issued or to be issued for such improvements, and all costs of the management, operating, maintenance and repair of such improvements and contractual or other obligations authorized, to be authorized, incurred or to be incurred for such improvements shall, to the extend that moneys therefore are not raised by water rates, be borne by local assessment upon the lots and parcels of land within such Wappinger Consolidated Water District against which the expenses of the improvements is charged, which assessment shall be apportioned and assessed upon such lots or parcels of land in just proportion to the amount of benefit which the improvements shall confer upon such lots or parcels. g) Any water improvement authorized for any of the Prior Water Districts/Improvement Areas, as the same may be amended, as of the date on which the establishment of such Wappinger Consolidated Water District is effective may be constructed by such Wappinger Consolidated Water District. h) The future assessments of all costs of improvements, as well as costs of operation and maintenance of such Consolidated Water District shall be charged against the entire area of the Consolidated Water District, including all extensions hereafter established. Section 2. The Wappinger Consolidated Water District of the Town of Wappinger, Dutchess County, New York, is to be bounded and described as follows: Said Wappinger Consolidated Water District shall consist of the area encompassed by the aggregate boundaries of (1) Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the Myers Corners II Water District, and (9) the Oakwood Knolls Water District which specifically do not include Tall Trees Water Improvement Area and the water districts known as Watch Hill Water District and Fleetwood Water District). Section 3. The Town Clerk shall, within ten (10) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York and record same in the office of the Clerk of the County of Dutchess, New York. Section 4. This resolution is adopted subject to permissive referendum, and the Town Clerk shall give notice of adoption of the resolution by providing a copy of this resolution with an appropriate notice of adoption in the official newspapers of the Town, and, in addition, such Town Clerk shall post or cause to be posted on the bulletin board of his office a copy of such resolution and notice of adoption and such publication and posting shall be within ten days of the Town of Wappinger Page 8 Printed 10/11/1006 Special Meeting Minutes September 28, 2006 date hereof. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES42006-220 0 Adopted Yes/Aye No/Nay j Abstain Absent ❑ Adopted as Amended _�°seph Rug�ero Voter 0 ❑ — ❑ ❑ ❑ Defeated RobertValdati Imt�ator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn - Maureen McCarthy Voter 0 ❑ - _ - W.._ ❑ ❑ Jose hol Paoni Seconder 0 ❑ _ _ 110 _-- Dated: Wappingers Falls, New York September 28th, 2006 The Resolution is hereby duly declared adopted. IV. New Business/Comments 1. Councilman Paoloni new business Councilman Paoloni asked about an issue involving trees on regency drive. V. Adjournment 1. Motion To: Adjourn at 8:42 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Robert Valdati, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The Meeting Adjourned at 8:42 PM. �krwl'a� J hn C. M sterson Town Clerk Town of Wappinger Page 9 Printed 10/11/2006