MARCH82010.pdf - Dutchess County Government

Regular Meeting

of the

Dutchess County Legislature

Monday, March 8, 2010

The Clerk of the Legislature called the meeting to order at 7:00 p.m.

Roll Call by the Clerk of the Legislature

PRESENT: 24 Borchert, Cooper, Doxsey, Flesland, Forman, Goldberg, Horn, Horton,Hutchings, Incoronato, Jeter-Jackson, Kelsey, Kuffner, MacAvery,Miccio, Rolison, Roman, Sadowski, Surman, Thornes, Traudt, Tyner,Weiss, White.

ABSENT: 1 Bolner.

PRESENT, LATE: 0

Quorum Present.Pledge of Allegiance to the Flag.The invocation was given by Reverend Robert Browning of St. Andrews Episcopal Church inLaGrange, New York followed by a moment of silent meditation.The Chairman entertained a motion from the floor, duly seconded and unanimously adopted,to suspend the regular order of business to allow the public to address the Legislature onagenda items.Virginia Buechele, Windsor Court, Poughkeepsie, New York, expressed her concerns onResolution No. 2010047 “Confirmation of Appointment of Kealy Salomon as Commissionerof Planning and Development for the County of Dutchess.”Constantine Kazolias, City of Poughkeepsie, New York, spoke in favor of Resolution No.2010064 “Requesting the NYS Public Service Commission to reject Central Hudson’s NewlyProposed Rate Hike.”

No one else wishing to be heard, the Chairman entertained a motion to resume the regularorder of business.

Chairman Rolison entertained a motion to approve the minutes of February 11, 2010.Legislator Kelsey corrected Will Reschke’s Troop # from 59 to 95.Legislator Horton corrected the meeting day of February’s board meeting from Monday,February 11 to Thursday, February 11.The prior month’s meeting minutes were approved as amended.

COMMUNICATIONS RECEIVED FOR THE MARCH. 2010 BOARD MEETING

RECEIVED: Memo received February 22, 2010, from Susan J. Miller, Town Clerk,Town of Poughkeepsie notice of public hearing on March 24, 2010 at 7pm at theTown Hall, Town of Poughkeepsie, to consider an amendment to the Town Code,Chapter 210, entitled “Zoning.”RECEIVED: Letter from Office of State Comptroller regarding application for Townof East Fishkill; Establishment of Sagamore Sewer District.

RECEIVED: Notice of Public Hearing from Deputy Town Clerk, Margaret Schmitz,Town of LaGrange to be held on March 24, 2010 at 7:30 pm - Amending Section199-47, Inspection of Improvements, of the Town Code to adjust costs of Inspection.RECEIVED: Received from Clerk, Putnam County Legislature two resolutionsentitled, Resolution No. 47 Memoriaiization/Requesting New York State LegislatureEnact Legislation Requiring the Metropolitan Transportation Authority to UtilizeRecent Windfall Funds from Federal Stimulus Act to Eliminate “Mobility Payroll Tax"on Dutchess, Orange, Putnam & Rockland Counties’ Employers, and Resolution No.49 Support for the Hudson River Valley Special Resource Study Act.

T(n<r~ fe’gjj'

“Town of <Poiyfi6eepsiecommcmmi iSUSAN J. MILLER

ONEOVEROCKERROADPOUGHKEEPSIE, NY 12603

OFFICEOFTOWNCLERKPHONE: (845)485-3620

FAX: (845)485-8583

February 22, 2010

Dutchess County Dept, of PlanningDutchess County LegislatureUlster County LegislatureNYS Dept, of TransportationTown Planning DepartmentTown Zoning DepartmentNYS Environmental ConservationNYS of Environmental-New PaltzTown Clerk, Town of Pleasant ValleyCity Clerk,Poughkeepsie, New YorkTown Clerk, Town of LagrangeTown Clerk, Town of Hyde ParkTown Clerk, Town of WappingerTown'Clerk, Village of Wappingers FallsTown Clerk, Town of MarlboroughTown Clerk, Town of Lloyd

NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law ofthe Zoning Law, that a public hearing will be held by the Town Board of the Town ofPoughkeepsie on Wednesday, March 24th, 2010, at 7:00 p.m. regarding the following:

The Town Board of the Town of Poughkeepsie does hereby set the 24th day of March,2010 as and for the date of a public hearing to be held at 7:00 p.m. at the Town Hall,Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY to consider anamendment to the Town Code, Chapter 210, entitled “Zoning”,Sections:

§ 210-23. South Hills Center (SHC) District.§ 210-24. Crown Heights Center Overlay (CHCO) District.§ 210-25. Fairview Center.§ 210-26. Salt Point Center.§ 210-27. MacDonnel Heights Center (MHC) District.§ 210-28. Rochdale Road Hamlet (RRH) District.§ 210-29. Red Oaks Mill Neighborhood Services Center (ROMNSC) District.§ 210-33. Neighborhood Business (B-N) District.§ 210-34. Neighborhood Highway Business (B-NH) District.§ 210-35. Highway Business (B-H) District.

§ 210-36. Shopping Center Business (B-SC) District.§ 210-38. Institutional (IN) District.§ 210-102.Outdoor restaurant dining facilities. .

and also that the Town Board of the Town of Poughkeepsie does declare itself LeadAgency under the New York Environmental Quality Act and pursuant to a review of theShort Form Environmental Assessment Form, does declare that said action is an UnlistedAction

Please find copy of Resolution 2:17-# 3 of 2010 and also the Public Hearing notice foryour review and recommendation.

Sincerely,

Susan J. Miller, Town ClerkTown of PoughkeepsieFebruary 22 2010

RESOLUTION 2:17 - # 3 OF 2010

BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does

hereby set the 24th day of March, 2010 at 7:00 p.ra. at the Town Hall, Town of

Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and

place of a public hearing to consider amendments to the Town Code of the Town of

Poughkeepsie, Chapter 210, entitled “Zoning”, Sections 210-23-210-29 and Sections

210-33 - 210-36, Section 210-38 and Section 210-102, which proposed amendments are

attached hereto and incorporated herein; and

BE IT FURTHER RESOLVED, that the Town Board waives a verbatim reading

of said amendments and that the Town Clerk is directed to spread the amendments across

the record as if they had been read verbatim, and

BE IT FURTHER RESOLVED, that the Town Board does declare its intent to act

as Lead Agency under the New York State Environmental Quality Review Act and does

declare that said action is a Type II Action; and

BE IT FURTHER RESOLVED, that the Town Board does authorize and direct

the Town Clerk to submit the proposed amendments to the Dutchess County Department

of Planning and the Town of Poughkeepsie Planning Board for their written

recommendation thereon; and

BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect

immediately upon filing with the Secretary of State.

^^ ky\1A 17, skfi i b' Y\KQ

Dated:

Moved: JLpExiJ? flyY\Seconded:

1Ayes Nays

DDH:mlpAttachmentt-2/12/10m-2/17/10G:\rnilegalV\2010\feb\2-17mtg\amendchapter210-sd2.dcic

AYE NAY

Councilman LeckerCouncilman EagletonCouncilman ConteCouncilman CifoneCouncilman KralcowerCouncilman TancrediSupervisor Myers

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§ 210-23. South Hills Center (SHC) District.

C) Special permitted uses. Special permitted uses shall be as follows (Note:designates a use which is also subject to site plan approval by the Planning Board):

1) *Clinics.2) *Day-care center, subject to §210-65,

3) *Hotel, motel, subject to §210-76.

4) *Inn, subject to §210-77.5) *Motor vehicle accessory sales.6) *Motor vehicle repair facility.7) *Personal service business, with drive-in or drive-thru.8) *Retail business, with drive-in or drive-thru.9) *Restaurants, with drive-in or drive-thru.10) *Service business, with drive-in or drive-thru.

D) Accessory uses shall be as follows (Note: designates a use which is also subject tosite plan approval by the Planning Board):

1) Accessory buildings and structures, subject to §210- 48.2) *Outdoor restaurant dining facilities subject to §210-102.3) Temporary buildings for construction purposes, subject to §210-109.

§ 210-24. Crown Heights Center Overlay (CHCO) District.

B) Permitted principal and accessory uses within the CHCO District shall be as follows.All proposed CHCO development shall follow the procedures set forth in section “C”below. All CHCO uses shall also require site plan review and approval by thePlanning Board in accordance with §210-150 of this Chapter, and subdivision reviewand approval by the Planning Board, if applicable, in accordance with Chapter 177:

1) Accessory apartments.2) Accessory buildings and structures customary to the permitted principal uses.3) Art gallery.4) Bakery, retail.5) Band stands, skating rinks, miniature golf, swimming pools.6) Bank or financial services.7) Bar, tavern.8) Bus passenger shelter.9) Bowling alleys.10) Clinics.11) Club, health and fitness.

12) Convenience store.13) Country clubs.14) Day care center.15) Delicatessen.16) Dwelling, two-family.17) Dwelling, single family, including attached and semi-detached units.18) Dwelling, multi-family, including town homes, apartments, lofts, and

condominiums.19) Fraternal clubs.20) Garage, commercial.21) Golf courses.22) Grocery store.23) Home occupations.24) Indoor recreation uses.25) Inn.26) Laundry, Laundromat, dry cleaner.27) Libraries and civic uses.28) Medical offices.29) Museums.30) Office.31) *Outdoor restaurant dining facilities subject to §210-102?32) Parks.33) Parking lots.34) Personal service business.35) Places of religious worship.36) Playgrounds.37) Public utility structures.38) Restaurant.39) Retail business.40) Service business.41) Shopping center.42) Supermarket, grocery, not to exceed 50,000 gross square feet.43) Temporary buildings for construction purposes.44) Theaters, playhouses.45) Veterinary offices.

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Fairview Center.§ 210-25.

C) Special permitted uses. Special permitted, uses shall be as follows (Note:designates a use which is also subject to site plan approval by the Planning Board):

1) *Clinics.2) *Day-care center, subject to §210-65.3) *Hotel, motel, subject to §210-75.4) *Inn, subject to §210-77.5) *Motor vehicle accessory sales.6) *Motor vehicle repair facility.7) *Personal service business, with drive-in or drive-thru.8) *Retail business, with drive-in or drive-thru.9) ^Restaurants, with drive-in or drive-thru.10) ^Service business, with drive-in or drive-thru.

D) Accessory uses shall be as follows (Note: designates a use which is also subject tosite plan approval by the Planning Board):

1) Accessory buildings and structures, subject to §210-48.2) *Outdoor restaurant dining facilities subject to §210-102.3) Temporary buildings for construction purposes, subject to §210-109.

n*ii

§ 210-26. Salt Point Center.

C) Special permitted uses. Special permitted uses shall be as follows (Note:designates a use which is also.subject to site plan approval by the Planning Board):

1) *Bed-and-breakfast, subject to §210-55.

2) *Commercial recreation, indoor only.3) *Day-care center, subject to §210-65.4) *Home occupations, subject to §210-74.5) *Inn, subject to §210-77.6) *Multi-family dwellings, and mixed residential and non-residential uses within

multi-story structures as part of a unified development on a single lot.7) *Nursery school, subject to §210-66.

D) Accessory uses shall be as follows (Note:site plan approval by the Planning Board):

1) *Accessory buildings and structures, subject to §210-48.2) *Clubhouse as part of a common use area for a residential project,

3) *Outdoor restaurant dining facilities subject to §210-102.

4) ^Swimming pool (private), subject to §210-107.

11*11 designates a use which is also subject to

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5) ‘Temporary buildings for construction purposes, subject to §210-109.

MacDonnel Heights Center (MHC) District.§ 210-27.

C) Special permitted uses. Special permitted uses shall be as follows (Note:designates a use which is also subject to site plan approval by the Planning Board):

1) *Bed-and-breakfast, subject to §210-55.2) *Commercial garage.3) Commercial recreation, indoor only.4) *Day-care center, subject to §210-65.5) *Home occupations, subject to §210-74.6) ‘Motor vehicle accessory sales.7) ‘Multi-family dwellings, and mixed residential and non-residential uses within

multi-story structures as part of a unified development on a single lot.8) ‘Nursery school, subject to §210-65.

D) Accessory uses shall be as follows (Note:site plan approval by the Planning Board):

1) *Accessory buildings and structures, subject to §210'48.2) Clubhouse as part of a common use area for a residential project.3) Cutdoor restaurant dining facilities subject to §210-102.4) *Swimming pool (private), subject to §210*107.5) temporary buildings for construction purposes, subject to §210-109.

M*ll designates a use which is also subject to

§ 210-28. Rochdale Road Hamlet (RRH) District.

B) Permitted uses. Permitted uses shall be as follows (Note:is subject to site plan approval by the Planning Board):1) ‘Adaptive reuse of existing residential structure for non-residential use.2) *Bank and financial services.3) ‘Bakery.4) ‘Boutiques with or without goods processed or assembled on site, subject to §210-

u*n designates a use which

57.5) *Clinics.6) ‘Delicatessen.7) *Health club.8) ‘Office.9) *Personal service business, no drive-in or drive-thru.10)‘Retail business, no drive-in or drive-thru.11)‘Restaurants, no drive-in or drive-thru.

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12) *Service business, no drive-in or drive-thru.13) *Supermarket.14) *Theater.15) *Warehouse, moving and storage.

C) Special permitted uses. Standalone and combined residential and neighborhood scalenon-residential uses are allowed subject to special use permit approval by the ZoningBoard of Appeals. Special permitted uses shall be as follows (Note: designates ause which is also subject to site plan approval by the Planning Board):1) *Day-care center, subject to §210-65.2) *Dwelling, multi-family.3) *Inn, subject to §210*77.4) *Motor vehicle service facility, no car wash, subject to §210-90.5) *Mixed residential and non-residential uses within multi-story structures as part

of a unified development.D) Accessory uses shall be as follows (Note: "*" designates a use„which is also subject to

site plan approval by the Planning Board):1) *Accessory buildings and structures, subject to §210-48.2) *Outdoor restaurant dining facilities subject to §210-102.3) *Swimming pool (private), subject to §210-107.4) Temporary buildings for construction purposes, subject to §210-109.

Red Oaks Mill Neighborhood Services Center (ROMNSC) District.§ 210-29.

D) Accessory uses shall be as follows (Note: designates a use which is subject to siteplan approval by the Planning Board):1) *Accessory buildings and structures, subject to §210-48.2) *Outdoor restaurant dining facilities subject to §210-102.3) Temporary buildings for construction purposes, subject to §210*109.

Neighborhood Business (B-N) District.§ 210-33.

C) Special permitted uses shall be as follows (Note: "*'subject to site plan approval by the Planning Board):1) Owner occupied accessory apartments not occupying any ground floor area,

subject to §210-46.2) *Animal hospital, subject to §210-52.3) *Bar, tavern, subject to §210-54.4) *Day-care center, subject to §210*65.5) *Funeral home, subject to §210-71.6) *Motor vehicle accessory sales, subject to §210-86

designates a use which is also

5

7) *Motor vehicle repair facility, subject to §210-87.8) *Motor vehicle service facility, subject to §210-90.9) *Nursery school, subject to §210-65.10) *School-age child-care facility, subject to §210-65.11) *Swimming pools (public), subject to §210-108.

D) Accessory uses shall be as follows (Note:plan approval by the Planning Board):

1) *Accessory buildings and structures, subject to §210*48.2) Ôutdoor restaurant dining facilities subject to §210*102.3) Temporary buildings for construction purposes, subject to §210-109.

Neighborhood Highway Business (B'NH) District.

designates a use which is subject to sitetrfrii

§ 210-34.

C) Special permitted uses shall be as follows (Note: "*" designates a use which is alsosubject to site plan approval by the Planning Board):

1) Owner occupied accessory apartments not occupying any ground floor area,subject to §210-46.

2) *Animal hospital, subject to §210-52.3) *Bar, tavern, subject to §210*54.4) *Day-care center, subject to §210-65.5) *Funeral home, subject to §210-71.6) *Motor vehicle accessory sales, subject to §210-86

7) *Motor vehicle repair facility, subject to §210-87.8) *Motor vehicle sales and service facility, subject to §210*89.9) *Motor vehicle service facility, subject to §210-90.10) *Nursery school, subject to §210*65.11) *Personal service business, with drive-in or drive-thru.

12) ^Retail business, with drive-in or drive-thru.13) ^Restaurant, with drive-in or drive-thru.14) *Service business, with drive-in or drive-thru.15) *School-age child-care facility, subject to §210-65.16) Swimming pools (public), subject to §210-108.

D) Accessory uses shall be as follows (Note: "*" designates a use which is subject to siteplan approval by the Planning Board):

1) *Acceseory buildings and structures, subject to §210-48.2) *Outdoor restaurant dining facilities subject to §210-102.3) Temporary buildings for construction purposes, subject to §210-109.

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Highway Business (B-H) District.§ 210-35.

C) Special permitted uses shall be as follows (Note: "*'subject to site plan approval by the Planning Board):

1) *Animal hospitals, subject to §210-52.2) *Bar, tavern subject to §210-54.3) *Day-care centers, subject to §210-65.4) *Kennels, subject to §210-78.5) *Motor vehicle rental facility, subject to §210-88.6) *Motor vehicle repair facility, subject to §210*87.7) *Motor vehicle sales and service, subject to §210-89.8) *Motor vehicle service facility, subject to §210-90.9) *Nursery school, subject to §210-65.10)‘Recreation clubs, subject to §210-64.

11) *School-age child-care facility, subject to §210*65.12) *Warehousing, storage buildings, subject to §210-115.

D) Accessory uses shall be as follows: (Note:plan approval by the Planning Board):1) ‘Accessory buildings and structures, subject to §210-48.2) ‘Bus passenger shelter.3) ‘Parking garage.4) ‘Outdoor restaurant dining facilities subject to §210-102;5) Temporary buildings for construction purposes, subject to §210-109.

designates a use which is also

n*u designates a use which is subject to site

Shopping Center Business (B-SC) District.§ 210-36.

D) Accessory uses shall be as follows (Note:plan approval by the Planning Board):

1) ‘Accessory buildings and structures, subject to §210-48.2) ‘Bus passenger shelter.3) ‘Garage, commercial.4) ‘Outdoor restaurant dining facilities subject to §210-102.5) Temporary buildings for construction purposes, subject to §210-109.

* * T*|| designated a use which is subject to site

Institutional (IN) District.§ 210-38.

D) Accessory uses shall be as follows (Note: designates a use which is subject to site11*0

7

plan approval by the Planning Board):

1) *Accessory buildings and structures, subject to §210*48.2) *Any uses customarily incidental to the principal permitted uses.3) *Cafeteria, food service.4) ^Dormitories.5) *Equipment storage buildings.6) *Library.7) *Outdoor restaurant dining facilities subject to §210*102.8) *Parking garages and loading facilities.9) *Recreational facilities, indoor and outdoor.10) Temporary buildings for construction purposes, subject to §210-109.11) *Theater.

§ 210-102. Outdoor restaurant dining facilities. .A) Purpose. It is the intent of these regulations to provide outdoor sections of

restaurants where food and beverages are consumed without compromising thecharacter of the neighborhood. This will be achieved through lighting being reflectedaway from abutting roadways and adjoining properties and garbage receptors beingavailable for prompt removal of litter, thus limiting littering and the controlling ofobjectionable visual and noise intrusion to surrounding property,

restaurant dining facilities shall be accessory to a restaurant use and shall besubordinate to the main dining area located within a building in which therestaurant use is located.

B) Criteria. In any district where permitted, the outdoor restaurant dining facility forany restaurant shall comply with the following provisions:1) Outdoor trash facilities sufficient to accommodate the maximum number of

patrons who will be dining outdoors shall be provided.2) The outdoor restaurant dining facility shall be a concrete or other impervious

ground structure on which tables and chairs will be placed shall be provided.3) The outdoor restaurant dining facility shall be an area defined by landscaping

anchor a man-made structure, as determined by the Planning Board.4) Hours of use shall be between 7:00 a.m. to 11:00 p.m.5) Parking shall be in accordance with the criteria set for an indoor restaurant

within the particular zone.6) Any lighting shall be arranged as to reflect the light away from the adjoining

properties and abutting roadways, as determined by the Planning Board.7) Outdoor dining areas shall meet the same setbacks as the principal structure or

building.8) Outdoor music, live performances, or sound amplified from the interior of the

principal structure or building shall be prohibited.

Outdoor

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9) The placement, installation, and use of sound amplifiers or public addresssystems shall be prohibited.

10) In approving any outdoor restaurant dining facility within a mall or a site havingshared common areas the Planning Board shall ensure that safe ingress andegress from the restaurant is provided, and shall further ensure that safepedestrian movement around the facility is adequate.

11) In approving any outdoor restaurant dining facility the Planning Board shallensure that nearby residential districts are appropriately shielded from noise andlight from the facility, and may require visual and noise mitigation such as walls,fences, landscaping, additional setbacks, etc., as required to provide adequatemitigation.

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LEGAL NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie

does hereby set the 24th day of March, 2010 at 7:00 p.m. at the Town Hall, Town of

Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and

place of a public hearing to consider amendments to the Town Code of the Town of

Poughkeepsie, Chapter 210, entitled “Zoning”, Sections

§ 210-23. South Hills Center (SHC) District.§ 210-24. Crown Heights Center Overlay (CHCO) District.§ 210-25. Fairview Center.§ 210-26. Salt Point Center.§ 210-27. MacDonnel Heights Center (MHC) District.§ 210-28. Rochdale Road Hamlet (RRH) District.§ 210-29. Red Oaks Mill Neighborhood Services Center (ROMNSC) District.§ 210-33. Neighborhood Business (B-N) District.

§ 210-34. Neighborhood Highway Business (B-NH) District.§ 210-35. Highway Business (B-H) District.

§ 210-36. Shopping Center Business (B-SC) District.

§ 210-38. Institutional (IN) District.

§ 210-102. Outdoor restaurant dining facilities. .

which proposed amendments are available for review in regard to Public Comment, in the

Town Clerk’s Office at 1 Overocker Road, Poughkeepsie, NY , Monday thru Friday

between the hours of 8:00 AM and 4:00 PM.

PLEASE ALSO TAKE FURTHER NOTICE, that the Town Board does

declare its intent to act as Lead Agency under the New York State Environmental Quality

Review Act and does declare that said action is a Type II Action; and

PLEASE ALSO TAKE FURTHER NOTICE, that said local law, if

adopted, shall take effect immediately upon filing with the Secretary of State.Susan J. Miller, Town ClerkTown of PoughkeepsieFebruary 22n , 2010

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PREPARED FOR:

TOWN OF EAST FISHKILLROUTE 376

HOPEWELL JUNCTION, 12553

FEBRUARY 2009

MA#207319.20

mBY:1[

MMM

MORRIS ASSOCIATESNENGINEERING CONSULTANTS, PLLC9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962

i

f

TABLE OF CONTENTSPage No,

1.0 EXECUTIVE SUMMARY1.1 Summary1.2 Procedure Under Town Law Article 12-A

11

; 1

2.0 BACKGROUND2.1 Location2.2 Current Wastewater Treatment2.3 Purpose and Scope

3333

3.0 DESCRIPTION OF THE DISTRICT3.1 Collection System3.2 Wastewater Treatment Plant

444

4.0 ALLOCATION OF COSTS AND BENEFIT ASSESSMENT4.1 Projected Capital Costs4.2 Projected Operation and Maintenance Costs4.3 Annual Assessment Roll and Public Hearing4.4 Benefit Formula4.5 Proposed Benefit Assessment and Formula

666778

5.0 PROJECT COSTS AND PROJECTED COSTS PER B.U.5.1 Capital Costs5.2 Operation and Maintenance Costs5.3 Proposed Total Costs

5.3.1 Annual Costs

9991010

6.0 POSSIBLE FUTURE TENANCY 11r \

FIGUREFigure 3-1 Sagamor Sewer District Map

APPENDICESAppendix A Sagamor Sewer District - Budgetary CostsAppendix B Legal Description of Sagamor Sewer DistrictAppendix C Purchase AgreementAppendix D Rate Increase Application by Sagamor Sewer Corp., May 9, 2008

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MAP PLAN AND REPORT FORESTABLISHMENT OF THE SAGAMOR SEWER DISTRICT

PAGE 1

1.0 EXECUTIVE SUMMARY

1.1 Summary

This study evaluates the formation of the Sagamor Sewer District, locatedwithin the Town of East Fishkill.The Town of East Fishkill has entered into an agreement with the currentowner, Sagamor Sewer Corp., a private company, to purchase the existingwastewater collection and treatment facilities.

The Proposed Sewer District Map is included at the back of this report. TheDistrict includes all parcels deemed to be benefited by the wastewatercollection and treatment facilities. The District has been set up to spread thecosts of purchasing and operating, based upon the benefit received, to allparcels within the District.This Map, Plan and Report contains the information required by Town Law§209-c including the proposed boundaries and general plan for the District, areport of the proposed method of operation, a description of the lands/sewerrights to be acquired, and the location of the wastewater treatment plant andsewer mains. The proposed District is described in Chapter 3.0.This report also discusses a proposed benefit assessment formulation andbudgetary estimates for first year operation and maintenance (0 & M) costs aswell as capital improvement costs. The cost allocations and benefit formulasare discussed in Chapters 4.0 and 5.0.6For a typical, single family home within the Sewer District, the following costsummary has been projected:

O&M Cost(1st Year)

TotalCapital Cost1 Cost

$ 1.115.682 = $1,837.9331Based on a 30 year bond with an assumed interest rate of 4.5%,Detailed cost breakdowns are shown inAppendix A.2 O&M costs can be expected to increase over time, with inflation.3 Total costs reported for average user.

Chapter 6.0 of this report also discusses a possible future tenancy for a certainmobile home park known as Springhill Park, located in the Town of Beekman.The Town believes any future connection to Springhill Park should result in areduction to the annual cost per benefit unit for parcels in the District.

1.2 Procedure Under Town Law Article 12-A

$ 722.25

The following steps are set forth in Town Law Article 12-A for the creation of aSewer District by resolution of the Town Board:E:\documents\East Flshklll\2007\207319\022709 MPR\Draft MPR\MPR.doc


PAGE 21I The Map, Plan and Report, which includes the maximum yearly

costs to a typical property, is presented to the Town Board and a copy isfiled with the Office of the Town Clerk.1.

2. The Town Board adopts an order that specifies the date, time andplace of a public hearing, that the Map, Plan and Report is available forpublic inspection at the Office of the Town Clerk, the boundaries of theproposed District, the extent of proposed improvements, and themaximum amount to be expended.

a. The Town Clerk publishes the Order in the official newspaper noless than 10 and no more than 20 days before the scheduledhearing date and posts a copy of the Order on the designatednotice board at Town Hall.

b. The Town Clerk forwards a copy of the Order to the NYSComptroller on or about the date of publication.1

3. The Town Board conducts a public hearing.The Town Board determines that: (1) that the notice of hearing was

published and posted as required by law; (2) all the properties in theproposed District are benefited; (3) all benefited properties are included inthe District; and (4) it is in the public interest to establish the District.

4.

1 5. The Town Board passes a resolution that approves the creation ofthe District. Such resolution will be subject to a permissive referendum.

The Town Board files a copy of the resolution with, and seekspermission from, the Department of Audit and Control to establish theDistrict.6.

17. Audit and Control determines if the public interest will be served bycreating the District and if the costs will be an undue burden.8. If permission is granted, Audit and Control’s Final Order is adoptedby the Town Board.9. The Order of the Town Board is recorded with the County Clerk andfiled with Audit and Control.

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PAGE 3

2.0 BACKGROUND

2.1 Location

The Town of East Fishkill is located in Southern Dutchess County. Itborders the Town of Fishkill to the west, the Town of Beekman to the east,Putnam County to the south and the Towns of Wappinger and LaGrangeto the north. The proposed Sagamor Sewer District is located in thenortheastern area of the Town (see Figure 3-1).Current Wastewater Treatment2.2

Most of the developments in the town dispose of their wastewater bysubsurface disposal (septic) systems. A few existing and proposeddevelopments have designed small treatment plants for their particularsubdivisions for discharge into various surface waters of the Town. TheTown of East Fishkill is currently constructing the 500,000 gpd HopewellHamlet Sewer District wastewater treatment facility to serve the corecommercial area of the Town.

The Sagamor Sewer Corp. serves the Forest Hills, Heritage and Sagamorsubdivisions.Purpose and Scope2.3

B The purpose of the Map, Plan, and Report is to provide the informationrequired by Town Law and described in Section 1.1. It will identify thespecific boundaries of the proposed Sewer District, including a plan andwritten description based upon tax map information, and also develop bothcapital and operation and maintenance (O&M) cost estimates for theproposed Sewer District, in accordance with Town Law.

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3.0 DESCRIPTION OF THE DISTRICT

Town Law requires that the Town Board determine what specific area of theTown is benefited by a proposed district. The proposed benefited area isindicated on the Fig 3-1, Saaamor Sewer District Map, located in the back of thisreport. A description of the entire area for the proposed Sewer District, whichconsists of tax map information, appears in Appendix B of this report. Theproposed district includes one hundred and fifteen (115) developed residentialparcels, one (1) sport and fitness center and one (1) wastewater treatmentparcel.

1

13 The existing wastewater collection and treatment facilities were constructed in2002 and are currently owned by the Sagamor Sewer Corp., a private company.The Town of East Fishkilt has entered into an agreement with the owner topurchase the facilities (see Appendix C).3.1 Collection System

Based on original design information, the existing collection systemconsists of approximately 11,005 LF of 8-inch gravity, PVC sewer main,1,100 LF of 3-inch PVC force main and 3,555 LF of 4-inch PVC forcemain. The system includes two pump stations. Pump Station #1 containswet well mounted duplex non-clog pumps. Pump Station #2 containsduplex submersible grinder pumps. The sewer layout is shown on the Fig.3.1, Saaamor Sewer District Map located in the back of the report. Mostof the collection system piping is located in the road right-of-way. Thepump stations and some sections of the collection system piping arelocated within easements across private property.

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3.2 Wastewater Treatment Plant

The existing treatment plant is located at the northerly end of the Districton Regal Place on a parcel to be owned by the Town of East Fishkill.According to monthly Wastewater Facility Operation Reports, thetreatment facility is currently treating approximately 30,000 GPD. Thedesign capacity of the facility is 44,000 GPD according to original designinformation. The facility is operating under NYSDEC SPDES Permit #NY026 3982.IThe facility is an extended aeration plant and contains the followingcomponents:

Influent bar screenParshall flumeTwo process trains each with:

Aeration basinSecondary clarifierDigester

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PAGE 5MAP PLAN AND REPORT FORESTABLISHMENT OF THE SAGAMOR SEWER DISTRICT

Chlorine disinfectionDechlorinationPost aerationOdor control unitEmergency generator

The treatment facility is housed in a steel framed, metal sided buildingexcept for the generator which is located adjacent to the building within aweatherproof enclosure.The facility discharges via a partially buried, partially trestled outfall pipe toan unnamed stream in NYSDEC freshwater wetland HJ-13.-

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4.0 ALLOCATION OF COSTS AND BENEFIT ASSESSMENT1 4.1 Projected Capital Costs

Article 12-A of Town Law governs the establishment of a Sewer district byresolution of the Town Board. Before establishing a District, Town LawSection 209-e requires the Town Board to determine that theestablishment of said District benefits all property within the proposedDistrict and that all property benefited by establishment of the District isincluded within the proposed limits of the District. In the event that theBoard cannot make such a determination, and accordingly finds that theboundaries of the proposed District must be altered, the Board isauthorized to hold further public hearings pursuant to Town Law Section209-e to modify the boundaries of the proposed District. After consideringall the relevant issues, the Town Board must make a determination that itis in the public interest to establish the District.

1

As permitted by Section 202, the capital costs of the proposed District areto be borne entirely by the lands, which will be benefited by theestablishment of the District. The Town Board will assess each separatelot or parcel of land within the district in proportion as nearly as possible tothe benefit which each separate lot or parcel of land will derive from theestablishment of the district. The payment of the principal and interest ofthe bonds shall be borne by local assessment upon the several lots orparcels of land which the Town Board shall determine and specify to beespecially benefited by the establishment of the district. The Town Boardshall apportion and assess upon, levy and collect from each lot or parcelof land deemed benefited a charge in just proportion to the amount ofbenefit which the establishment of the district confers upon the lot orparcel of land. For the present, it is proposed that capital costs beassessed as benefit charges. However, in the future, it is possible thatsome or all of the capital costs may also be collected in the form of sewerrents in accordance with Town Law.

S

Properties may lawfully be considered "benefited" even though they arenot presently physically connected to the sewer system. The mereavailability of the sewer main is considered a benefit. Vacant propertywhich is included in the benefited area of a District can and should becharged a share of the costs of the District, but only in proportion to thebenefit received. However, the Town Board has the responsibility ofdetermining the relative degree of the benefit among the variousproperties, whether actually connected or not. "If the Town Board does itsfiguring well, those who benefit most will pay the most and those whobenefit only a little will pay only a little." (29 Op. St. Compt. 24 (#73-139))

4.2 Projected Operation and Maintenance Costs

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The cost of operation and maintenance must be assessed by the samemethod as is used for the cost of establishing the district (Town Law§202A) (1967 Opn. St. Compt. 934). In accordance with §198(3)(d), someor all operation and maintenance costs may be raised by the collection ofuser fees in the form of sewer rents as the Town Board deemsappropriate. Sewer rents are properly charged only to properties that areactually connected to the system. To the extent that these costs are notfunded through sewer rents, they would be paid by benefit assessments.

4.3 Annual Assessment Roll and Public Hearing

1 In accordance with Town Law §231(2) and §202-a, the Town Board mustannually prepare detailed written estimates setting forth the anticipatedrevenues and expenditures for the District in order to determine theamount of money required to meet the expense of paying both capitalcosts and operation and maintenance of the sewer system for each fiscalyear commencing the first day of January. Because this District proposesto charge some of its costs through user fees (sewer rents), it is requiredto use the procedures as set forth in Town Law §231(2) and §202-a.After preparation of the annual estimate, the Town Board prepares anannual assessment roll setting forth a description of the lots or parcels ofland, the name(s) of the owner of each lot or parcel of land, and theamount to be assessed against each lot or parcel of land in proportion tothe benefit derived. A public hearing is then scheduled and conducted toentertain comments or objections regarding the assessment roll. TheTown Board must adopt the assessment roll, or make amendments andconduct another public hearing before adoption. Once adopted, theassessment roll is filed with the Town Clerk. The amounts continued inthe assessment roll are then levied against the lots and parcels of land inthe District and collected in the same manner as a tax.

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4.4 Benefit Formula

A benefit assessment can be made through various types of benefitformulas. The formula to be applied in any given case is set by the TownBoard. The formula should fit the individual case, and the equities of agiven situation. The State Comptroller does not become directly involvedin reviewing the fairness of the benefit assessment formula. An Article 78proceeding is available to challenge the fairness of the benefit formula.A benefit formula can consist of several factors. For example, one coulddefine a one-family residence as a "benefit unit" and the benefitassessment could provide that each one family residence would pay thesame amount. The benefit formula could also be based partially on"benefit unit" and partially on sewer rents, as established by meters. Abenefit formula can even include, though naturally not consist solely of, anad valorem section. Eighty per cent of the total cost could be based on

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PAGE 8

1the benefit units and twenty percent could be based on an ad valorembasis.1There are a variety of ways that a benefit formula can be derived. Theinformation that is provided in this report is illustrative of possible benefitformulas and likely ranges of relative costs to various classes of users.

I As part of the yearly assessment process, the Town Board has theauthority to adjust the benefit formula from time to time. Perhaps thebenefit to a parcel has changed (e.g. if a parcel is vacant one year and isthen improved the next; 1976 Opn. St. Compt. 440). Thus, over the years,as costs and/or benefits change, the Town has the flexibility to modify thebenefit formula. It could increase the amount based on benefit unit anddecrease the amount based on rent, or vice-versa.

1

Additionally sewer rents may be adjusted from time to time. At the publichearing on the Map, Plan and Report, the Board will receive comments onall issues relating to benefit assessment formulas, including potential useof sewer rents, the share of costs to be paid by vacant properties, etc.

1The capital costs represent the costs to acquire and improve the sewersystem. These expenditures will be distributed to each parcel based uponthe benefit received from having the availability of a central wastewatercollection system.

I The annual operation and maintenance (O&M) expenses will bedistributed to each user on an equal basis.

4,5 Proposed Benefit Assessment and Formula

A benefit assessment has been performed for the proposed District inorder to suggest an equitable means of distributing the costs within thebenefited area. The benefit assessment formula has been developedrelative to a "benefit unit". One (1) benefit unit is the equivalent of thebenefit provided to one (1) residential parcel developed with a one-familyhouse. The benefit formula used for this District is as follows:

Single family home = 1 benefit unitSport and Fitness Center = annual flow/365 days/300gpd (minimumof 4 benefit units)Mobile Home Park = 0.8 benefit units per mobile home

Parcels not connected will not be charged operation and maintenancecosts.Based on the above benefit unit assessment, there are currently a total of119 benefit units with the District.



PAGE 9

5.0 PROJECT COSTS AND PROJECTED COSTS PER BENEFIT UNIT

Cost information for the proposed Sewer District is presented in this sectionbased upon the information developed in this Map, Plan, and Report. Capitalcost estimates have been projected based upon the purchase price and the sizeand cost of system repairs and improvements. The proposed Operation andMaintenance (O&M) costs are based upon current estimates to operate theSagamor Sewer Corp. Based upon the total Capital and O&M costs, the typicalcosts per user can be estimated.

5.1 Capital Costs

The total capital costs for the proposed Sagamor Sewer District are asfollows:

$1,300,000$30,000$10,000$60.000$1,400,000

Town purchase price:Administrative fees:Engineering fees:System Improvements:Total Capital Cost:

1The system improvements cost includes construction costs ofmiscellaneous repairs or improvements as recommended by the systemoperator.

B 5.2 Operation and Maintenance Costs

Estimated first year Operation and Maintenance (O&M) costs for theproposed District are $1,115.68. These costs are based upon an May 92008 Rate Increase Application by Sagamor Sewer Corp.. See AppendixD.That report determined the pro-forma 2009 O&M costs to be $148,301 forthe private Sagamor Sewer Corp. However, the current system operatorinformed the Town that the pro-forma 2009 O&M cost estimate should beincreased. The Town has therefore added a 10% contract operationscontingency to the O&M estimate. Under Town ownership that numberwould be modified as follows:

$148,301$3,665- $1,200- $18,000- $1,160

O&M Costs for Sagamor Sewer Corp.10% Contract Operations ContingencySales TaxManagement Oversight and DirectionContract Operator Billing Expenses (116 parcels x$10/parcel/yr)Town Billing Expenses (116 parcels x $10/parcel/yr)Estimated 1st Year O&M Costs for Town Ownership

+ $1.160$132,766

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5.3 Proposed Total Costs (Capital and Operation/Maintenance)

I This Map, Plan and Report proposed that the District will be establishedon a benefit basis. It is proposed that all costs for this District be raised ona benefit basis, i.e. in proportion as nearly as possible to the benefit whicheach lot or parcel will derive therefrom.

In this report, the capital costs have been proposed to be assessed asbenefit assessments, while the O&M costs will be collected based uponsewer rents.

I 5.3.1 Annual Costs

The total estimated capital costs will be applied to all benefitedusers with the proposed Sewer District. There are an estimated119 benefit units available to the District.The total estimated capital cost for the bond ($1,400,000) isassumed to be bonded using level debt for a term of thirty (30)years with an assumed interest rate of four and one-half percent(4.5%). The average end of year payment under these conditions is$85,948.Based on the analysis, as shown in Appendix A, the maximumcapital cost per benefit unit (typical, single family residential lot) willbe $722.25.The total estimated annual Operation and Maintenance (O&M)costs of $132,766 will only be applied equally to all users. Theestimated first year (O&M) cost per benefit unit has been estimatedto be approximately $1,115.68.

For a typical, single family home in within the Sewer District, thefollowing cost summary has been projected:b

O&M Costf1st Year)

TotalCost

$1,837.93*Capital Cost1

I $ 1,115.682 =$ 722.25 +

Based on a 30 year SRF bond with an assumed interest rate of 4.5%, Detailed costbreakdowns are shown in Appendix A.2 O&M costs can be expected to increase over time, with inflation.3 Total costs reported for average user.

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PAGE 11a6.0 POSSIBLE FUTURE TENANCY

The current owner of the Sagamor Sewer District has begun discussionswith Spring Hill Park, LLC, owners of a certain mobile home park knownas Springhill Park, concerning a possible future tenancy to the District.The Town of East Fishkill’s purchase agreement with the owners of theSagamor Sewer District (Appendix C) also allows for the future connectionby the Springhill Park. In the event that connection takes place thenSpringhill Park will be responsible for the additional $300,000 fee and anyand all costs for infrastructure improvements needed to make theconnection.

0

1The Town believes that any future connection by the mobile home parkshould result in a reduction to the annual cost per benefit unit to parcels inthe District.

Springhill Park is located in the Town of Beekman, approximately 1 milefrom the Sagamor Sewer District (See Figure 3-1).

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APPENDIX A

SAGAMOR SEWER DISTRICT - BUDGETARY COSTSFebruary 27, 2009

1

TOWN OF EAST FISHKILLBONDED COSTSCapital Cost

3

Est. Costs Level Debt CostsTotal Costs $1,400,000

Total Annual Payment:Number of Equivalent Benefit Units:

Annual Payment per B.U.:

$85,948$85,948

119.0$722.25

O&M CostsAnnual Estimated Costs $132,766

$132,766119.0

$1,115.68

; Total O&M Costs:Number of Equivalent Benefit Units:

O&M Costs per B.U.:if ;

m

Total Cost per B.U.: $1,837.93

1INote: 30 year bonding rates of 4.5% for Town bonding used for LevelDebt.

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APPENDIX B

LEGAL DESCRIPTION OF SAGAMOR SEWER DISTRICT

ALL those certain parcels of land situate in the Town of East Fishkill, county ofDutchess, State of New York and more particularly described as follows:

As per the Dutchess County Tax Rolls (Revised 2007), the parcels in the Town of EastFishkill listed below:

OWNER ADDRESS TAX PARCEL NUMBERAhmed, SalehArceri, JohnBaker, StephenBabar, AmbreenBarlow, JasonBarkley, Keith G.Bascb, FrankBeal, PhilipBishop, GarthBottiglieri, Salvatore, Jr.Bova, LawrenceBrooks, DennisBryant, DonaldBuckley,JohnBuckley, RichardCabanillas, RubenCameron, MatthewCapoccitti, RichardCarber, DianeCascioli, EugeneCavallo, CharlesCerdena, ErnestoChodan, WilliamChoudhury, ZiyadCirincione, JosephCivitano, MichaelCivitano, RobertColabatistto, RobertCostello, ThomasCroushore, WilliamCsaszar, GaryCuoco, ChristopherCurrie, JohnCushing, ShaunD'Antoni, PeterDiCosta, RichardDiFusco, AlfonsoDinan, JamesDePaoli, LorettaDurocher, Leo

W 1 Starlight Dr76 Sagamor Dr.

6558-6558-

182 Old Sylvan Lake Rd. 6558-46 Sagamor Dr.3 Avalon Ct.18 Sunflower Ct.W 14 Starlight Dr.29 Regal PI93 Wimmer Road29 Sagamor Dr.14 Dunham Ct.27 Dunham Ct.19 Avalon Ct.8 Avalon Ct.16 Sagamor Dr.50 Wimmer Rd.9 Sagamor Dr.13 Dunham Ct.26 Champlain Dr.30 Regal PI.9 Dunham Ct.15 Regal PI475 Beekman Rd.

02- 89760904- 86340702- 74655204- 77838702- 85764704- 92043102- 92257102- 80566402- 81254304- 72240104- 78036404- 80731502- 90068302- 89363904- 74635604- 79644004- 71135304- 82035704- 72732202- 84568204- 82337002- 84162304- 67022904- 80642304- 77634902- 91166904- 68823902- 86859802- 74556604- 71536902- 91259204- 73827804- 70924104- 67525504- 78432004- 81447202- 83651202- 86765904- 69832602- 939502

6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-

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61 Sagamor Dr.22 Dunham Ct20 Avalon Ct.26 Bannister Dr.5 Regal PI.178 Old Sylvan Lake Rd. 6558-

6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-

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21 Sagamor Dr.9 West Starlight Dr.15 Champlain Dr.25 Bannister Dr.22 Bannister Dr.28 Dunham Ct.64 Wimmer Rd.86 Wimmer Rd.9 Avalon Ct.3 Sagamor Dr.42 Dew Drop Ln


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Eljamal, DakhilFarrington, MaureenFogel, KeithFraioli, RobertFullerton, PeterFusco, RobertGentile, FrankGentile, JosephGisolfi, DanGray, Philip D. Jr.Greco, James. E.Greco, StevenGreenfeld, DavidGupta, GopalHaege, EdmundHarris, AndrewHaussman, WilliamHayes, GregoryHoffman, Paullannace, JohnKieser, MichaelLabate, MariaLabate, RoccoLanzano, FrankLazano,ThomasLemy, MarieLoehr, StevenLongo, ChristopherMartinelli, RichardMatthews, IdoniMaus, StephenMcLaughlin, BrendanMelo, DavidMonti, SalvatoreMorales, WilperMorizet, DarrenMorris, RobertNorton, MaritzaO'Connor, DenisOliva, BienvenidoOn The Rise, LLCPolicastro, FrankPomales, JayPonesse, ThomasPreston, KeithQuick, WilliamRehfeld, GilbertResk, JohnRinaldi, LouisRivera, DavidRosati, AnthonyRozmus, GaryRuotolo, LuigiSanford, Robert

25 Sagamor Dr.1 Sunflower Ct.7 Dew Drop21 Bannister Dr.53 Sagamor Dr.17 Sunflower Ct.30 Sagamor Dr.184 Old Sylvan Lake Rd. 6558-

6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-

190 Old Sylvan Lake Road 6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-

6558-6558-6558-6558-6558-6558-6558-

04- 718384903488891506726256788420945464757384777565770471814330871521918504880625888468901532830635786499861493817344850480716279887386910398778485848667954543979551818392911450787291849530958502901452850395842431702340943554739408841468795388739516974521822425818646877452881515755270820486691312929544769456767302811457680282

04-02-04-04-04-04-02-

63 Wimmer Rd.21 Dunham Ct.

04-04-

11 Better Way14 Dew Drop Ln.4 Avalon Ct.100 Sagamor Dr.15 Dew Drop19 Regal PL75 Wimmer Rd.101 Sagamor Dr.17 Dunham Ct.99 Sagamor Dr.11 Bannister,78 Sagamor Dr.80 Sagamor Dr.65 Wimmer Rd.24 Regal PI.59 Dew Drop Ln60 Dew Drop Ln7 Dunham Ct.14 Sunflower Ct.4 Champlain Dr.102 Wimmer Rd.44 Dew Drop Lanw8 Sunflower Ct.74 Sagamor Dr.77 Sagamor Dr.7 Sagamor Dr.37 Dew Drop Ln.31 Sagamor Dr.93 Sagamor Dr.8 Dunham Ct.

02-02-02-04-02-02-04-04-04-04-04-04-04-04-02-02-02-04-i 04-04-02-02-f ‘T04-04-04-04-02-04-04-3

04-02-

52 Dew Drip Ln.67 Sagamor Dr.25 Regal PI.86 Sagamor Dr.17 Better Way9 Champlain Dr.76 Wimmer Rd.

02-m 04-02-04-02-04-04-

4 Bannister Dr.33 Dew Drop Ln.57 Wimmer Rd.10 Champlian Dr.56 Wimmer Rd.12 Bannister Dr.

04-02-04-04-04-04-

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Santacroce, ThomasSardo, FrankSaslow, StevenScagnelli, LouisSchmitt, HermanSeckler, MichaelShen, XiaoweiSiano, MichaelSindona, JanetSpiilos, DionisiosStefano, RobertTan, YueTheiller, PhilipToy, HiltonTracy, JohnUrbanowicz, JohnVenkateswaran, NatesanWaldbillig, JefferyWhalen, PaulWhelan, StephenYang, LimingZubradt, Timothy

15 Sunflower Ct.89 Wimmer Rd.9 Regal PI.31 Dew Drop Ln.22 Sagamor Dr.16 Bannister, Dr.68 Sagamor Dr.W 10 Starlight Dr.83 Wimmer Rd10 Sagamor Dr.6 W Starlight Dr.26 Dunham Ct.84 Wimmer Rd.24 Champlain Dr.16 Champlain Dr.6 Bannister Dr.82 Sagamor Dr.5 Bannister Dr.7 Sunflower Ct.16 Avalon Ct.87 Sagamor Dr.15 Avalon Ct.

6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-6558-

04- 937474806532854611917535751370678268834391903564800514742341882579767335827501741314755309685298878427722294921480908650837451882672

02-02-02-04-04-04-02-!f02-04-02-04-02-04-i 04-04-04-04-1 i04-02-04-02-

Plus Wastewater Treatment Facility Parcel:Sagamor Sewer Corp. 34 Regal PI 6558- 02- 822693

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a.

OPTION TO PURCHASE AGREEMENT3day of March 2009, by and between the

TOWN OF EAST FISHKILL (hereinafter referred to as the "Town"), with its principalplace of business at 330 Route 3376, Hopewell Junction, NY 12533, and theSAGAMOR SEWER CORP. (hereinafter referred to as the "Company"), with itsprincipal place of business at 18 Oakwood Boulevard, Poughkeepsie, NY 12603;

WHEREAS, the Company is the operator of a wastewater collection andtreatment facility which serves approximately 115 customers in the Forest Hills,Heritage, and Sagamor subdivisions, located in the Town; and

: WHEREAS, the Company is organized pursuant to the TransportationCorporation Law of the State of New York; and

WHEREAS, the Company is in good standing; andWHEREAS, there have been certain negotiations between the Town and the

Company wherein it is the desire of the parties that the Town be given sufficientopportunity to conduct the requisite legal proceedings in order to determine whether ornot they will enter into a contract to purchase the Company’s assets; and

WHEREAS, it is the desire of the parties to reflect their understandings in thisOption Agreement;

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

THIS AGREEMENT made the1

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1. That the parties agree that during the time period from March , 2009through September 30, 2009, or as shortened as provided herein, theTown shall have the option to purchase the assets of the Company for thePurchase Price, which is the fair market value of the sewer system asdetermined by an appraiser and as documented in an appraisal, plusaccounts receivable, and plus and minus adjustments as of the date ofClosing. At the Closing for the property, the Town shall pay the Companythe sum of $1.3 million as the cash consideration for the assets (the "CashConsideration") plus accounts receivable, based upon the rates approvedby the Town Board in January 2009 including arrears and the rateescalator and plus and minus adjustments as of the date of Closing.

Should the Company have secured a contract with Spring Hill Park, LLC,

or any other entity, to serve a certain mobile home park known as

“Springhill Park” or the property on which Springhill Park is located, before

the Closing, the Cash Consideration shall be $1.6 million. The difference

between the Purchase Price and the Cash Consideration shall be credited

by the Company against the Purchase Price, and such difference shall be

deemed by the parties to be a charitable contribution, exclusively for

public purposes.

2. Should the Company participate in any litigation after the date of the

Option Agreement that is not Instituted by the Company, and such

litigation relates to the current rate plan or to the sale of the Company’sassets to the Town, the Town will reimburse the Company for the costs of

such litigation as an adjustment at closing.3. If the Company had not contracted with Spring Hill Park, LLC, before the

closing as noted above, and if Spring Hill Park, LLC, or any other entity,

enters into any agreement with the Town, its sewer district, or any other

entity operating the sewer facilities now owned by the Company, to

provide sewer service to Springhill Park, or the property on whichSpringhill Park is located, within two (2) years after the Closing, the Town

will pay to the Company or its assigns an additional $300,000 when any

part of Springhill Park connects to the sewer system.4. That the parties agree that this option can be executed by the Town upon

the Town properly fulfilling all of its statutory obligations and executing the

annexed Contract to Purchase and presenting the same to the Company

within the time period provided that the Closing shall occur within the

option period.

5. The parties acknowledge that the Town will have to fulfill statutory steps

prior to the Town Board authorizing the execution of the annexed Contract

and the parties agree to cooperate during this time period for the Town

Board to proceed with the conduct of the proceedings.

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6. The Company agrees to provide access to its facility for inspection by the

Town's engineer and to assist the Town’s engineer in the preparation of a

map plan and report which is a necessary pre-requisite for the Town

commencing the formal proceedings.7. The Company acknowledges that upon complying with the statutory

process the Town Board must take a vote and said vote would be subject

to Permissive Referendum and a time period of at least thirty (30) days

must elapse from the date of adoption of the Resolution to determinewhether or not a petition will be filed with the Town requiring a public vote.The Town shall schedule such vote no later than

Should the public vote fall to facilitate the purchase, the option period will

end the day after the day of the vote.

8. The parties acknowledge that all steps must be complied with before the

Town has any obligation to exercise this option.9. in no event will the option extend beyond September 30, 2009, without the

written consent of the Company.10.The Town agrees to act without delay and take all reasonable steps to

close as soon as practical.

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,2009.

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IN WITNESS HEREOF, the parties have hereunto set their hand and seal on the

date above written.

TOWN OF EAST FISHKILL

By:JOHN L. HICKMAN, SUPERVISOR

SAGAMOR SEWER CORP.

By:LAWRENCE G. ABRAMOSKI, PRESIDENT

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APPENDIX D2

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E:\documents\East Flshkill\2007\207319\022709 MPR\Draft MPR\MPR.docI

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1'1RATE INCREASE APPLICATION3 T3- f1.IS ’rnBY

• ~ •

sSAGAMOR SEWER CORP.

TO THE

TOWN OF EAST FISHKILL

8

Rudolph C. Krizan, P.E.Rate Consultant206-15 Lori DriveBayside, N.Y. 11360

Tel: 347 235 0682Dated: May 9, 2008

TABLE OF CONTENTS

1BACKGROUNDLRATE SETTING UNDER THETRANSPORTATION CORPORATIONS LAW 3

COMPUTING UTILITY RATES 3

THE RATE ANALYSIS 4

4Revenues and the Revenue Requirement

O & M, Depreciation, and Taxes 4

5Rate Base

6Rate of Return

Rate Escalator 7

I 9TARIFF

10CONCLUSION

11Schedule 1-Summary Income Statement

12Schedule 2-Detailed Income Statements

Schedule 3-Rate Base, Depreciation, and Amortizations 13

Schedule 4-Rate and Revenue Computations 14P115Schedule 5-Rate Escalator

Schedule 6-Tariff 16 -

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BACKGROUND

On or about September 22, 2000, the Town Board of the Town of East Fishkill(the “Town”) approved the initial rates charged for sewage service by the Sagamor SewerCorp. (“Sagamor” or the “Company”). In that decision the Town approved andestablished the level of investment that Sagamor’s owners had made in the utility plant.a

Sagamor subsequently applied for its first rate increase by petition to the Towndated February 11, 2004. The petition provided a thorough analysis and justification forthe need for a rate increase. The Town retained an expert in utility regulation to analyzeSagamor’s rate application. After a thorough investigation by its rate expert, the Townheld public hearings. After the hearings, the Town Board adopted a resolution datedAugust 12, 2004, that granted Sagamor a rate increase that included a compromised rateto which Sagamor had agreed. These are the rates that are being charged today.

On April 27, 2006, the Town Board instituted an investigation of the rates that ithad previously accepted in 2004. In response to the inquiry, Sagamor began to prepare itsanswers to the data requests made by the Town and reviewed its own rates. SinceSagamor’s operating costs had increased substantially since 2004, the Company retainedme to analyze whether it needed additional rates and prepare a report justifying the rateincrease, if an increase was needed.

After reviewing the Company’s financial situation, I prepared a comprehensiverate analysis entitled Rate Review Filing and Application to Increase Rates by SagamorSewer.Corp. to the Town of East Fishkill (“2006 Rate Analysis”). The 2006 RateAnalysis was filed with the Town on August 15, 2006. The 2006 Rate Analysisestablished the need for a rate increase by setting forth the basis for such rates andexplaining and referencing how utility rates are set in New York State. As shown in thereport and in the attached schedules, the Company needed a 15.1% rate increase in orderfor it to have an opportunity to earn a fair and reasonable return on its investment for arate period, i.e., calendar 2007.

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After the rate filing, Sagamor and the Town entered into an option agreement.According to the agreement, the Town could purchase the utility system at a set price. Inaddition to the option to purchase, Sagamor allowed the rate decision to be deferred untilthe Town could perform its due diligence and take the steps necessary to form a sewerdistrict. The agreement provided that if the Town could not form the district, it would setthe rates promptly thereafter and that the rates be charged as if the decision was made onJanuary 1, 2007.

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A referendum was held, and the property owners, which would have been in thesewage district, voted 5 tod in favor of the plan. However, the statute requires anaffirmative vote of more than 50% of the property owners to form the district. The finalvote of 105 in favor and 21 against was 7 votes short of the majority needed. Therefore,the Town could not form the sewage district that was necessary for it to purchaseSagamor’s system.

At the next regularly scheduled Town Board meeting, on January 24, 2008, inResolution 19/08 (Determining the Rate Petition of the Sagamor Sewage DisposalCorporation), the Town Board denied the rate increase request dated August 14, 2006.a On March 14, 2008, Sagamor brought an Article 78 Proceeding in the SupremeCourt of the State of New York to have the court vacate the Town Board’s January 24,2008,Resolution and direct the Town Board to allow Sagamor’s August 2006 ratepetition to go into effect as of January 1, 2007.

At this point the Company has no alternative but to seek additional rate relief. It isuntenable for Sagamor to continue to operate under the existing rates that are inadequatein every respect. The Transportation Corporations Law requires that such rates be fair,reasonable, and adequate. The current rates fail to meet any of these criteria, and basedon 2007 operating results, provide for a rate of return of only 1.3%. The attachedfinancial data and related calculations demonstrate that a 14.9% increase, over the lastfiled rates,1 is necessary to provide for an adequate return and to continue to provide safeand adequate service to the respective subdivisions served by Sagamor. Sagamor isproposing a quarterly rate of $626.50 to become effective August 11, 2008.I

As mentioned in Mr. Abramoski’s 2008 affidavit in support of the previous rateapplication, not only have operating expenses, not under Sagamor’s control, increased,but the situation has been further aggravated by a revenue shortfall from customers notpaying their bills. The rejection of the rates filed has caused the Company to needlesslyincur expenses that will ultimately be borne by all the customers.

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1 Since the Company believes the Company’s current rates, which are a matter oflitigation, will be approved by the courts, the percent increase is predicated on the level ofrevenues requested in the 2006 rate application, further increased by the application of the“rate escalator” included in that filing.

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0 RATE SETTING UNDER THETRANSPORTATION CORPORATIONS LAW

Pursuant to Section 121 of the Transportation Corporations Law of the State ofNew York, the local governing body, here the Town of East Fishkill, is to agree withsewage-works corporations, which operate within its boundary, as to the rates that will becharged for service. The statute provides that the rates permitted must be adequate togenerate enough revenue to pay the utility’s operating cost and provide a return on itsinvestment. The courts of the State of New York have interpreted the statute to mean thata sewage-works corporation “is ‘entitled to rates which are ‘fair, reasonable andadequate’ (Transportation Corporations Law § 121) and may not be denied a reasonablerate of return on its investment”’.2

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COMPUTING UTILITY RATES

In order to provide a reasonable return on the amount invested, sewage rates needto generate revenues adequate to cover operation and maintenance expenses, taxes,depreciation, and a profit on the investment made by the utility. The general formula issimply:

Revenue from Rates = Expenses + Return on Investment

The utility’s expenses include all the costs incurred by the utility to conduct its business.These include, but are not limited to, electricity, chemicals, labor, management,professional fees, depreciation, and taxes. Some costs, such as rate case expenses, areamortized to collect these funds over a longer period since they are not expected to beincurred every year. The return on investment is the rate of return multiplied by theamount of funds used to provide utility services. The rate of return must be“commensurate with returns on investment in other enterprises having correspondingrisks”.3 The investment is the amount the utility’s owners have dedicated to the provisionof utility service and includes the investment in plant as established in prior ratedecisions, additional capital that has been or will be expended in the rate period, and theunamortized balance of funds deferred for later collection.

B

i2 Bennett Road Sewer Co. v. Town of Camillus,273 A.D.2d 902, 903, 709 N.Y.S.2d 768,

769.3 Federal Power Commission v. Hope Natural Gas Co. City of Cleveland,320 U.S. 591 I603 (1944).

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1 THE RATE ANALYSIS

a Revenues and the Revenue Requirement

The instant rate request is based on actual operating results for 2007 adjusted forprojected changes expected to occur during the period the rates are expected to be ineffect (rate year starting July 2008). In an effort to expedite and facilitate the rate filing,operating expenses have been adjusted using data from the Bureau of Labor andStatistics. Recent cost indices for Water and Sewer Maintenance were employed toproject the level of expenses for the rate year. This projection resulted in an annualincrease of 5.6% or 8.41%4 (see Schedule 5) for the 18 months needed to coincide withthe rate year, which was then applied to Sagamor’s 2007 actual expenses.

Sagamor’s revenue requirement for the rate year is shown on Schedule 1. Thistable shows a summary of the components of the Company’s income, expenses, andearnings under the proposed rate. The total revenue required is $283,015 which shouldgenerate a net income, before income taxes, of $78,353 and produce an 11% rate ofreturn on a rate base of $712,629.

O & M. Depreciation, and Taxes

Schedule 2 shows a detailed comparative income statement. As mentioned above,Sagamor’s rate year operation and maintenance expenses are based upon actual 2007results, increased by the cost index factor of 8.41%. It should also be noted that overall2007 expenses far exceeded previous projections, in fact they were 29% higher thanoriginally anticipated.

BManagement Oversight and Direction has been increased to conservatively reflect

the amount of time and effort being expended to manage Sagamor. Since I prepared the2006 Rate Analysis, I have had the opportunity to more closely observe the work andexpertise of Sagamor’s management. Based upon the work performed at Sagamor, theprior amount included in rates for Management Oversight and Direction is inadequate.Thus, we have included payment of only $1,500 per month for the responsibility ofoverseeing Sagamor’s operations. The total amount included in the proposed rates of$18,000 per year is $8,000 more than in the 2006 Rate Analysis.1

4 The 8.41% was derived using data from the Bureau of Labor and Statistics for Waterand Sewer Maintenance for January 2007 and January 2008 which resulted in an annual increaseof 5.6%. Since an 18-month projection is necessary, the 5.6% was adjusted to yield the 8.41%.

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Management responsibilities at Sagamor are substantial, require expertise, and aretime consuming in spite of the assistance afforded by an outside contractor, which takescare of the day-to day physical operation of the plant. In addition to general oversight,the Company’s management reviews the propriety of repairs, maintenance, andreplacements and makes the final decision on all significant expenditures and selectssuppliers. The Company’s manager reviews and pays, if justified, for costs incurred.Furthermore, considerable time is devoted to the current regulatory/legal proceedingsinvolving Sagamor and negotiations with the Town on a number of issues. All of theseresponsibilities are performed in a top-notch manner and fair compensation for the timedevoted to these tasks is necessary.

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The regulatory environment under which sewage treatment companies operate isstringent and entails a great deal of responsibility. The amount included in the proposedrates is less than could be justified as fair compensation for the time and expertisedevoted to the Company and represents a conservative allowance for this fimction. Byway of comparison, the NYS Public Service Commission, in a recent rate decision forwater utility of a similar size, approved an allowance of $21,574 for Officer’s Salary.5

II Depreciation was computed using the straight-line method based upon the averageservice lives of utility plant. The annual amount charged is consistent with that adoptedand used in previous rate requests. See Schedule 3. Finally, real estate taxes are basedupon the current charges, similarly increased by 8.41%.

Since Sagamor’s revenue requirement is based on a pre-tax rate of return, noincome taxes were reflected in the calculation.iRate Base

Schedule 3 shows the computation of Sagamor’s rate base of $712,629. A utility’srate base properly reflects the utility’s investment in plant in service and other costs forwhich recovery is deferred. The rate base contains the same investment level reflected inthe Company’s previous filings but reduced to reflect additional accumulateddepreciation. Plant in service is depreciated over its useful life. The annual depreciationis included in operating expenses, and the accumulated depreciation is deducted fromplant in service. Unamortized expenses are added to the net plant to arrive at total ratebase.

5 Cases 06-W-0112 & 06-W-0114, Sunrise Ridge Water Company and Rainbow WaterCompany, Issued and Effective December 19, 2006.

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a Utilities are typically allowed to earn a return on the original cost of plant when itis first dedicated to public service. Rate Base is increased by additions to plant throughthe end of the rate period and the unamortized balance of deferred expenses. The originalcost of the plant that is being used to serve customers is approximatley $1.8 million. SeeSchedule 3. Only a portion of Sagamor’s sewage plant is included in rate base. Theowners contributed nearly $1 million of the plant. This contribution significantlymoderates the rates that are being charged.

Consistent with accepted rate making practices, the cost of this rate application andthe rate litigation are being amortized over a period of three years. The amortized annualcharge is added to the annual expenses, and the unamortized portion is added to rate baseas shown on Schedule 3.

Rate of Return

A utility’s rate of return must be commensurate with the returns earned bysimilarly-situated entities. Sagamor’s proposed rates are intended to generate an 11%pre-tax rate of return. The use of a pre-tax rate of return is an accepted method ofcomputing a fair return on a small utility’s investment. This method avoids the need toestimate and justify the amount of debt and equity (capital structure) that is used by theutility for its investment in plant.

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A rate of return expert may demonstrate the reasonableness of a requested returnon equity through the use of comparative data developed from other companies and thestock market. However, the cost of such a study for a small utility like Sagamor wouldadd significantly to the final rates. As an efficient alternative, Sagamor is willing to settlefor a rate of return at the level granted to small water companies by the New York StatePublic Service Commission (“PSC” or “Commission”) and by other municipalities tosmall sewage-works corporations as a reasonable surrogate for an expert study. However,if a rate of return expert performs a study to establish a rate of return for this particularfiling or the Town does not accept the rate of return suggested, Sagamor has a right topresent a rebuttal expert and adjust the rates to reflect his or her conclusion and the costof the study itself.

BI

An 11% pre-tax rate of return is acceptable to Sagamor and is fully justified. Thereturn is within the range of rates of return currently being allowed by the PSC and tosmall sewage-works corporations by other towns in New York State. The PSC currentlyauthorizes rates for small water companies on pre-tax rates of return that range from

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1 10.1% to 11.4%.6 On July 28, 2005, the PSC adopted an 11% pre-tax rate of return to setrates for High Meadows Water Company, Inc.7 The Town of Dover granted the ReagansMill Sewage Company, Inc., an 11% pre-tax rate of return in September 2003. The Townof Somers granted a 10.7% pre-tax rate of return to the Heritage Hills Sewage-WorksCorporation in February 2004.

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Rate Escalator

The rate application process is complex, costly, and often difficult for a smallutility, its customers, and the regulator. As a result, many privately-owned sewageutilities fail to request adequate rate relief on a timely basis and until the rate relief isdesperately required to maintain operations.

Failing to file for timely rate increases has caused significant problems for sewageutilities. In some systems, funding for maintenance and repair became inadequate, andnecessary maintenance was deferred. Deferred maintenance may cause spills and thepremature failure of equipment. Service suffers, and since replacements are more costlythan timely maintenance, costs and rates would increase. Also, when rate increases arenot timely and deferred, the needed rate increase is large. Customers face rate shock, andthe regulator faces the unpopular and difficult decision to grant adequate rates and facethe angry voters or deny die necessary increase and face the consequential poor service,possible spills, and the cost of extended litigation.

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i In order to avoid these problems, I proposed a rate escalator in the 2006 RateAnalysis that would protect the utility from inadequate revenue, the customers from rateshock, and the Town from difficult and unpopular decisions. The proposed rate escalatorshould be continued (or adopted if the decision on this application comes before thepending Article 78 proceeding).

The rate escalator allows rates to increase at the same rate as the increase in theConsumer Price Index for Water and Sewage Maintenance costs. This index appears totrack the increase in the cost of water and sewage maintenance in urban communities andshould reasonably track the increases in costs that Sagamor will experience. This methodof automatic increases has been approved by towns in New York State.

6 Case 06-14-1470, Minor Rate Filing of Windham Ridge Water Corp., Order ApprovingRates Issued and Effective October 19, 2007.

7 Case 04-W-0414, High Meadows Water Company, Inc., Order Setting Rates, July 28,2005, p. 8.

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The index is prepared and reported by the U.S. Department of Labor, Bureau ofLabor Statistics and available to the public on the Bureau’s web site. The ConsumerPrice Index for Water and Sewage Maintenance reasonably tracks the increase in costexperienced by sewage utilities. Since it is publicly available, customers may check thecomputation and be confident that the rate increase applied was calculated accurately.

aTable 1

Price Index-All Urban Consumers8

Web Location: http://data.bls.gov/cgi-bin/srgateSeries ID: CUUR0000SEHG01Item: Water and sewerage maintenanceBase Period :1982-84=100

1Data:

Mar Apr May Jun Jul Aug Sep Oct Nov Dec AnnYear Jan Feb218.2214.3 215.1 215.7 216.0 216.7 217.1 218.7 218.7 218.7 219.0 219.4 2171998

221.2 221.5 221.6 222.2 222.8 223.0 223.4 222220.1 220.4 220.9 223.3 223.21999226.2 226.8 226.9 227.7 228.5 228.9 229.2 230.2 230.8224.3 225.0 225.9 2262000

232.9 233.1 233.6 233.6 234.6 236.0 236.5 236.8 237.1 237.8 235231.1 231.82001240.9 241.3 241.6 241.5 242.1 243.6 243.7 244.5 245.3 246.2 243239.1 239.62002

254.5246.9 249.1 249.2 249.6 249.8 251.1 253.6 255.6 256.8 257.8 252246.62003266.7 267.2 271.6 272.6 268262.5 263.5 264.0 269.2 273.1 273.6 273.7259.52004

281.0 281.6 282.5 284.4 285.6 2B5.6 286.4 287.6 288.8 283277.5 279.6 280.52005I 293.8 294.3 295.0 295.0 298.2 299.7 300.2 300.8 301.7 302.5 297291.2 293.62006305.367 307.203 308.184 308.901 310.001 310.542 314.165 315.830 316.390 316.869 318.703 319.460 3132007322.470 324.4182008

Each year the Company will calculate the percent increase and apply thatincrease to the then-existing rates. The percent increase would be calculated as follows:

Select “X” as the monthly index reported for the month that is threemonths before the anniversary of the then-current rate,Select “Y” as the monthly index reported for the month that is one yearand three months before X.

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2.

8 At the government’s web site, http://data.bls.gov/cgi-bin/srgate. type Series ID :CUSR0000SEHG01; select 2, Table (Rows: Year, Columns: Period ); HTML Tables: Yes;Catalog: Yes; and Delimiter: Space. The table will be generated by the web site.

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3. Calculate the percent increase as

0 % Increase = (X-Y)/Y

Sagamor will then keep a record of the computation of the annual increase; replace therate page of its Tariff with a new page showing the new rates; send a copy of thecomputation to the Town for its records; and notify its customers of the rate and thebasis for the new rate in the first bill being sent with the new rate.

This process will avoid the costs of rate applications for Sagamor and the coststhe Town would incur to review the applications. Also, since the costs incurred by theutility to file rates are included in rates, future rates could be lower than they otherwisewould be when compared with rate increases generated by repeated rate applications.In addition, customers would continue to be protected from unnecessarily high ratessince, under TCL § 121, the Town can review Sagamor’s rates at any time after notice.Sagamor would continue to be protected from a loss of earnings since it could apply forrates if the automatic increases do not adequately reflect the actual increases in coststhat it may experience.

TARIFF

Sagamor does not now have a comprehensive compilation of its rules andregulations; i.e., a tariff. We are proposing a tariff, attached Schedule 6, that sets forththe rules and regulations for the Company. The tariff for a private utility provides inlarge part the protections that would be set forth in a local law that a town would adoptif it owned a sewage system. This tariff is based on the NYS Department ofEnvironmental Conservation’s Model Sewer Use Law. A similar tariff was allowed togo into effect by the Town as part of the Four Comers Sewage Works Coiporation’sinitial rates.

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Tariffs for privately owned sewage-works corporations are of particularimportance since they set forth regulations that protect the environment, the customers,the company’s employees, and government inspectors. By detailing the proper use ofthe sewer system, the regulations in the tariff will help ensure the proper operation ofthe facilities and that the plant does not receive too much or improper effluent. Inaddition, the tariff provides for the collection of bills and sets surcharges for unusualusage, the method to apply for and end service, and the terms upon which a customermay be disconnected from the system and the related charges for disconnection andcollection of unpaid invoices.1

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CONCLUSION

The financial information developed and contained within this instant filingdemonstrates that an additional 14.9% rate increase, over the level previously requestedand accordingly adjusted using the rate escalator in that filing, is necessary for Sagamorto continue to operate in a financially viable manner and earn a fair return on investment.The proposed rates represent an average annual increase of only 7.84% over the ratesapproved in 2004.

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Since the Town has only 90 days to decide this rate application, it is likely thatthese rates will go into effect before we obtain a decision in the Article 78 case. This rateapplication has been prepared consistent with applicable laws and rate making principlesand the most recent costs available. Therefore, the Article 78 proceeding should have noeffect on these prospective rates. The Town should approve the proposed tariff and rateof $626.50.

aH Rudolph Krizan, P.E,

Rate Consultant

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Schedule 1

\ i

Sagamor Sewer Corp.Summary Income Statements!

Pro Forma, Pro Forma,Rate Year Rate Year

Actual 2007 Ending 6/30/09 After Increase

Sch. 2 & 4 $195,916 $250,889 $288,190Operating RevenueOperating Revenue Deductions

Operation & MaintenanceDepreciation and Amortizations

Total Operating ExpensesOperating Taxes

Total Operating Rev. Deductions

Sch. 2Sch. 3

$133,36732,361

$148,30148,073

$148,30148,073

$165,72812,386

$196,37413,427

$196,37413,427Sch. 2

$178,114 $209,801 $209,801$41,088$17,802 $78,389Net Income

$712,629Sch. 3Rate Base

11.0%Rate Of Return (Pre tax)

Rudolph C. Krizan, P.E.Sagamor Sewer 2008 Rate Application, Page 11

Schedule ^Sagamor Sewer Corp.Detailed Income Statements

Pro Forma,Rate Year

Ending6/30/09

Rate ApplicationPro Forma 2007 Actual 2007

P3 $205,200 $195,916 $250,889Total Operating Revenues

O&M Expenses:Supendsing & Operating Labor

Contract Operations (AMS)Sales Taxes Charged by AMS

Management Oversight and DirectionOperating Expenses:

AlarmsChemicalsElectricityFuel GeneratorsGenerator ServiceLandscape ServicesLicenses & Permits (SPDES)Rubbish Removal (Facilities Dumpsters)RepairsSludge Handling RemovalTesting, Laboratory

Administrative Expenses:Bank ChargesGeneral Office ExpenseInsuranceProfessional Fees:

AccountingLegal

Total O&M Expenses

DepreciationAmortizations

Total Depreciation and AmortizationsOperating Taxes:

Real Estate TaxesTotal Operating Revenue DeductionsUtility Operating Income

i $34,372 $33,8091,080 1,107

10,000 9,000

$36,6511,2001 18,000

1,017 1,492 1,6173,281 4,047 4,387

20,70113,084 19,096

0 828 578 6272,515 4,718 5,115

2,112554 1,948I 100 100 1082,158 •

10,1652,119

24,53217,392

2,29726,59418,854

1,001 1,085M 9,090

2,658

267 289339 367

4,632 4,492 4,870 -

750 927855h1,000 6,475 2,500

$97,285 $133,367 $148,301

$27,11116,193

$27,111 $27,1115,250 20,962

$43,304 $32,361 $48,073

$16,193 $12,386 $13,4271 $156,781 $178,114 $209,801$48,419 $17,802 $41,088

i * Revenue including previously requested rates and this rate application; see Schedule 4Rudolph C. Krizan, P.E.

Sagamor Sewer 2008 Rate Application, Page 12

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Schedule 3

Sagamor Sewer Corp.Rate Base, Depreciation, and Amortizations

Average for 2008.5

Land +Construction Utility Plant Plant In Rate

Costs In Service Base

Net Utility AnnualDepreciation Years In Accumulated

Life Expense Service DepreciationI YearInstalled Description2001 Land2001 Buildings2001 Pumping Equipment2001 Purification Equipment2001 Collection Mains & Service Laterals2001 ' Lift Station

SI00,000548,718125,751164,559792,590119,000

$548,718125,751164,559

490,494 40112,408 15147,098 20

$12,262 7.07,494 7.07,355 7.0

$85,83452,45851,485

3 $1,850,618 $839,028 $750,000 $27,111 $189,777Contribution of Plant by Developer

Capitalized and in 2004 RatesTotal Contribution for rate purposes from Owners $1,000,618Contribution of plant being depreciated for allocationPercent Contributed

850,000 750,000

I ’

$89,02854.07% $16,233

Average Rate Base 2008.5Utility Plant Rate Base in Service

Plus: Non-depreciable PlantLess: Accumulated Depreciation

Net Plant in Rate Base

$750,000100,000

(189,777)k$660,223

Allowance for Working Capital

O&M ExpensesWorking Capital PercentAllowance for Working Capital

Amortization f 11Rate Case and Litigation Expense to be Amortized in RatesAmortization Period (yrs.)Annual AmortizationAverage collected in rate periodUnamortized Balance

Total Rate Base

$148,3010%

0

£ $62,8873

$20,962Ei 10,48152,406

$712,629

S3?(1) Computation of Unaraortized Rate Case and Litigation Expense:

Actual Cost of 2004 Rate CaseAmount Collected before 1/1/07 IncreaseUnamortized Balance as of 1/1/07Projected Cost of 2006 Rate Case including Article 78 ProceedingUnamortized Balance in 2006 Rates

$31,496i 9,205!'1$22,29131,000

Si

$53,291mia Effective date of 2006 Rate Case

Date new rates are expected to go into effectDays that amortization has been in effectAmount Amortized in current ratesAmortized Expense in 2006 RatesAmount Amortized per dayAmount Collected under current ratesUnamortized Balance at the beginning of the new ratesProjected Cost of 2008 Rate Analysis and Defense of RatesUnamortized Rate Case and Litigation Expense

1/1/20077/13/2008

sa 559j

$13,323$36.50

20,404 20,404$32,887

30,000$62,887

1

1 Rudolph C Krizan, P.E.Sagamor Sewer 2008 Rate Application, Page 13

:

Schedule 4

Sagamor Sewer Corp.Rate and Revenue Computations

Rates to Rates toHave Been Have Been FormaEffective Effective Increase

1/1/08 Required

Pro

CurrentRates 1/1/07

Computation of Revenue RequirementRate BaseRate of ReturnUtility Operating Income Required - Rate Base x Rate of ReturnTotal Operating Revenue Deductions. See Schedule 2Total Operating Revenue Required

Number of Customers

Proposed Rate per CustomerAnnualQuarterly

$712,62911.0%

$78,389209,801

$288,190115 115114 115

$1,800.00$450.00

$2,071.00 $2,181.64 $2,506.00$517.75 $545.41 $626.50

[ ;

Annual Revenue - No. of Customers x Annual R $205,200 $238,165 $250,889 $288,190

5.3%Percent Increase by Application of the Rate Escalator

Percent Increase Determined by Dividing TotalOperating Revenue Require (above) by AnnualRevenue from the Rates Effective 1/1/08 14.9%

l""

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Rudolph C. Krizan, P.E..Sagamor Sewer 2008 Rate Application, Page 14

—t.T . [Sr.V-:.., &S55E3 . .v.a*si'il .i

Schedule 5

Sagamor Sewer Corp.Rate Escalator

U.S.Department of LaborBureau of Labor Statistics DataWeb Location: http://data.bls.a0v/cqi-bin/srq3teSeries ID :CUUR0000SEHGQ1Not Seasonally AdjustedItem : Water and sewerage maintenanceBase Period :1982-84=100Base Period: 1982-84=100

Year Jan Feb Mar Apr May Jul AugJun Sep Oct Nov Dec Ann1998 214.3 215.1 215.7 218.2216.0 216.7 217.1 218.7 218.7 218.7 219.0 219.41999 220.1 220.4 220.9 221.5 221.6 222.2221.2 222.8 223.0 223.3 223.4223.22000 224.3 225.0 225.9 226.8 226.9 227.7226.2 228.5 228.9 229.2 230.2 230.82001 231.1 231.8 232.9 233.1 233.6 233.6 234.6 236.0 236.5 236.8 237.1 237.82002 239.1 239.6 240.9 241.3 241.5 242.1241.6 243.6 243.7 244.5 245.3 246.22003 246.6 249.6246.9 249.1 249.2 249.8 251.1 253.6 254.5 255.6 256.8 257.82004 259.5 266.7262.5 263.5 264.0 267.2 269.2 271.6 272.6 273.1 273.6 273.7 2682005 277.5 279.6 280.5 281.0 285.6281.6 282.5 284.4 285.6 286.4 287.6 288.82006 291.2 293.8293.6 294.3 295.0 295.9 298.2 299.7 300.2 300.8 301.7 302.52007 305.367 307.203 308.184 308.901 310.001 310.542 314.165 315.830 316.390 316.869 318.703 319.460

322.470 324.4182008

Period For Rate Year07 to '08 7/1/08 to 6/30/09

Rate Escalator for Rates Effective January 11 2008Index as for Oct-06Index as for Oct-07

Percent Increase

300.8316.8695.34%

Annual Increase Based Upon Most Recent DataIndex as for Feb-07Index as for Feb-08

Annual Percent Increase in the Water & Sewage Maintenance CPI18 Months to Mid-Point of Rate Year

307.203324.418

5.60%8.41%

Rudolph C. Krizant P.E.Sagamor Sewer 2008 Rate Application, Page 15

Schedule 6

SAGAMOR SEWER CORP.

TARIFF

RULES AND REGULATIONS FOR SEWAGE SERVICE

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ii Sagamor Sewer 2008 Rate Application, Page 16

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1 SAGAMOR SEWER CORP.

TARIFF

RULES AND REGULATIONS FOR SEWAGE SERVICE

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|' ; I Leaf i of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service Issued:

Effective: August11, 2008May 12, 2008

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TABLE OF CONTENTS

PURPOSE AND SERVICE AREA 1ARTICLE 1:

ARTICLE 2 DEFINITIONS 2

3 USE OF SEWER SYSTEM 16ARTICLE 3

APPLICATIONS FOR SERVICEAND CONNECTIONS

ARTICLE 4B 16

SPECIFICATIONS, MATERIALS,AND CONSTRUCTION

ARTICLE 5[ ' P 18

MAINTENANCE, REPLACEMENT,AND ABANDONMENT

ARTICLE 6 22

P AUTHORIZATION TO CHARGE AND COLLECTARTICLE 7 23

SEWER WASTE RESTRICTIONS 26ARTICLE 8, VARIANCES 31ARTICLE 9

31ARTICLE 10 POWER TO INSPECTI

VIOLATIONS AND PENALTIES 32ARTICLE 11

APPENDIX I: SEWAGE RATES AND CHARGES 34

APPENDIX II: SURCHARGES 36

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Leaf 1 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service Issued:

Effective: August 11, 2008May 12, 2008

RULES AND REGULATIONS

SAGAMOR SEWER CORP.1ARTICLE 1- PURPOSE AND SERVICE AREA

Title: The Rules and Regulations of Sagamor Sewer Corp. shall be know as its Tariff1.1

1.2 Authority: The Town Board of the Town of East Fishkill pursuant to the provisions of

the Transportation Corporations Law of the State of New York approved the formation ofSagamor Sewer Corp. and granted this utility the right to serve Forest Hills, Heritage, andSagamor subdivisions and certain neighboring properties. All of the matter in this Tariff affect

rates and, therefore, the Tariff has been approved in accordance with the TransportationCorporations Law Section 121.

1.3 Service Area: The Town of East Fishkill has established the service area for Sagamor

Sewer Corp. to include the Forest Hills, Heritage, and Sagamor subdivisions and certainneighboring properties located entirely in the Town of East Fishkill, County of Dutchess, Stateof New York.

I1.4 Purpose:

1.4.1 The Tariff of Sagamor Sewer Corp. provides the terms and conditions underwhich sewage service will be provided in the Service Area.

1.4.2 The rules and regulations and rates contained in this Tariff are intended to

(a)-assure the proper disposal of sewage and wastewater and the protection ofthe sewage treatment plant and the transport and collection system;

(b) -provide the funds needed for the operation and maintenance of the sewagetreatment plant and the transport and collection system, a return on and ofinvestment in the utility, and the financial stability of the utility;

(c)-assist in maintaining compliance with the rules and regulations,established by the New York State Department of EnvironmentalConservation (“NYSDEC”), for the protection of the health and safety ofthe people of the Town of East Fishkill;

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Leaf 2 of 36May 12, 2008

Sagamor Sewer Corp,Rules and Regulations for Sewage Service Issued:

Effective: August 11, 2008

.! (d)-to prevent the introduction of substances into the sewage treatment plantor the transport and collection system that would:(i)- interfere with the sewage treatment plant or the transport and

collection system in any way;(ii)- pass through the sewage treatment plant or the transport and

collection system to the state's waters and cause contravention ofstandards for those waters or cause violation SPDES permit thatpermits the sewage treatment plant or the transport and collectionsystem to operate;

(iii)-increase the cost or otherwise hamper the disposal of sludge and/orresiduals from the sewage treatment plant;

(iv)-endanger persons constructing, maintaining, repairing, or replacingthe sewage treatment plant or the transport and collection system;

(v)- cause air pollution or groundwater pollution, directly or indirectly;

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(vi)-cause, directly or indirectly, any public nuisance condition;(e)-to prevent new sources of infiltration and inflow and, as much as possible,

eliminate existing sources of infiltration and inflow;(f)- to assure that new sewers and connections are properly constructed; and

(g)-to provide for equitable distribution to all users of the sewage treatmentplant or the transport and collection system of all costs, associated withsewage transmission, treatment, and residuals disposal, and to provide forthe collection of such costs.

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I ARTICLE 2-DEFINITIONS

2.1 Defined Terms - Unless otherwise stated in the section where the term is used in thisTariff, the meaning of terms used in this Tariff shall be as stated below. When not inconsistentwith the context, the present tense shall include the future, and words used in the plural shallinclude the singular and vice versa. Furthermore, a masculine pronoun shall include thefeminine. Shall is mandatory; may is permissive.

2.1.1 Abnormal Sewage - Sewage whose concentration of one or morecharacteristics of normal sewage exceeds the maximum concentrations of the characteristics ofnormal sewage. See normal sewage.

2.1.2 Act or ‘THE ACT” - The Federal Water Pollution Control Act, also known asthe Clean Water Act, as amended, 33 U.S.C. 1251, etseq.,as may be amended. Administrator -The Regional Administrator of the U.S. Environmental Protection Agency (USEPA), Region 2.

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Sagamor Sewer Corp.Rules and Regulations for Sewage Service

Leaf 3 of 36Issued:Effective: August II, 2008

May 12, 2008

2.1.3 American Society for Testing and Materials - The latest edition of anyASTM specification, when stated in this Tariff.

2.1.4 Ammonia - The result obtained, using an approved laboratory procedure, todetermine the quantity of ammonia in a sample, expressed as milligrams of nitrogen per liter.

2.1.5 Applicant - That person who makes application for any use of the sewagecollection or treatment system. The applicant may be an owner, new or old, or his agent.

2.1.6 Approval Authority - The USEPA, or the New York State Department ofEnvironmental Conservation (NYSDEC), in the event the NYSDEC is delegated approvalauthority responsibility by the USEPA.

2.1.7 Approved Laboratory Procedure - The procedures defined as “StandardMethods” in this article, or other procedures approved by the Sewage Corp, for flowmeasurement or determination of the concentration of pollutants or their surrogates in waters,wastewaters, and/or sludges.

2.1.8 Authorized Representative of the Industrial User - An authorizedrepresentative of the industrial user may be: a) A principal executive officer of at least the levelof vice-president, if the industrial user is a corporation; (b) A general partner or proprietor, if theindustrial user is a partnership or proprietorship, respectively; (c) A duly authorizedrepresentative of the individual designated above, if such representative is responsible for theoverall operation of the facilities from which the indirect discharge originates.

2.1.9 Biochemical Oxygen Demand (“BOD”) - The result obtained when using anapproved laboratory procedure to determine the quantity of oxygen utilized in the aerobicbiochemical oxidation of organic matter or in a sample, expressed in milligrams per liter.

2.00 Builder - Any person who undertakes to construct:a building or anypart of abuilding, either under contract or for resale.

2.1.11 Building Drain - That part of the lowest horizontal piping of a buildingdrainage system that receives the discharge from soil, waste, and other drainage pipes inside thebuilding walls, and conveys it to the building lateral, which begins five (5) feet outside the innerface of the building wall.

2.1.12 Building Sewer - The extension from the sewer drainage system of anystructure to the sewer mains. The Building Sewer shall include the combination of the SewerStub and the Building Sewer Connection and is the full length of the pipe that extends from thebuilding to the sewer main. See, also, Lateral, Building.

2.1.13 Building Sewer Connection - The pipe installed from the property line to thebuilding to receive the sanitary sewage generated by a building or household. See, also, Lateral,Building.

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2.1.14 Chemical Oxygen Demand (“COD”) - The result obtained when using anapproved laboratory procedure to measure the oxygen requirement of that portion of matter, in asample, that is susceptible to oxidation, by a specific chemical oxidant, expressed in milligramsper liter.

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Leaf 4 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service May 12, 2008Issued;

Effective; August 11, 2008

2.1.15 Chlorine Demand - The result obtained when using an approved laboratoryprocedure to determine the difference between the amount of chlorine added to a sample and theamount of chlorine remaining in the sample at the end of a specified contact time at roomtemperature, expressed in milligrams per liter.

2.1.16 Clean Water Act - see Act.2.1.17 Color - The optical density at the visual wave length of maximum absorption,

relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0)optical density.

2.1.18 Commercial - Any room, group of rooms, building, or other enclosures used orintended for use in the operation of one or more business enterprises from which only SamtarySewage shall be discharged.

2.1.19 Composite Sample - The sample resulting from the combination of individualsamples of wastewater taken at selected intervals, for a specified time period. The individualsamples may have equal volumes or the individual volumes may be proportioned to the flow atthe time of sampling.

2.1.20 Connection - Attachment of one user to a sewer. (See Extension)

2.1.21 Connection Charge (Tap Fee) - The one time fee to offset tha capitalcontribution and expenses incurred to construct the facilities to provide service to the premisesand to process an application for a connection of a building/street lateral to the public sewer,

2.1.22 Control Authority - The term shall refer to “Approval Authority”.2.1.23 Control Manhole - A manhole accessible to the Control Authority in or

upstream of the street lateral, such that samples collected from the manhole represent thedischarge to the TW.

2.1.24 Conventional Pollutant - A pollutant that the WWTP was designed to treat.2.1.25 Cooling Water - The water discharged from any system of condensation, air

conditioning, refrigeration, or other sources. If permitted to enter into the Sewerage System, itshall contain no polluting substances which would produce COD or suspended solids in excessof five (5) milligrams per liter, or toxic substances, as limited elsewhere in this Tariff.

2.1.26 County - Dutchess County, State of New York.2.1.27 Developer - Any person who constructs a home for sale or subdivides land for

the purpose of constructing, or causing to be constructed, buildings for which wastewaterdisposal facilities are required.

2.1.28 Direct Discharge - The discharge of treated or untreated wastewater directly tothe Waters of the State of New York. (For reference, see Indirect Discharge.)

2.1.29 Domestic Sewage - See Sewage, Domestic.2.1.30 Domestic Wastes - See Sewage, Domestic.2.1.31 Dry Sewers - The sanitary sewer installed in anticipation of future connection

to the TW but which is not used, in the meantime, for transport of storm or sanitary sewage.

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2.1.32 Easement - An acquired legal right for the specific use of land owned byothers.

2.1.33 End of Pipe - For the purpose of determining compliance with limitationsprescribed by Article 9, end of pipe shall mean the control manhole, provided the samplescollected from the control manhole are representative of the discharge to the WWTP.

2.1.34 End of Pipe Concentration - The concentration of a substance in a sample ofwastewater at end of pipe.

2.1.35 End of Process Concentration - see National Categorical PretreatmentStandard.

2.1.36 EPA, USEPA, or U.S.Environmental Protection Agency - The agency of thefederal government charged with the administration and enforcement of federal environmentallaws, rules, and regulations. Also may be used as a designation for the Administrator or otherduly authorized official of this Agency.

2.1.37 Extension - Attachment of a sewer line, with more than one user, to an existing

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sewer line.2.1.38 Facility - All buildings, other structures, grounds, and contiguous property at

any locations related to or connected with a user at the user's location.2.1.39 Floatable Oil - Oil, grease, or fat in aphysical state such that it will separate by

gravity from wastewater by treatment in a wastewater treatment facility. Wastewater shall beconsidered free of Floatable Oil if it is properly pretreated and the wastewater does not interferewith the collection system.

2.1.40 Flow Rate - The quantity, of liquid or waste that flows in a certain period of

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time.2.1.41 Garbage - The solid wastes from the preparation, cooking, and dispensing of

food, from the handling, storage, and sale of produce, and from the packaging and canning offood.

2.1.42 Grab Sample - A single sample of wastewater representing the physical,chemical, and biological characteristics of the wastewater at one point and time.

2.1.43 Indirect Discharge - The introduction of wastewater into a TW for treatmentand ultimate discharge of the treated effluent to the State's Waters. (For reference, see DirectDischarge).

2.1.44 Industrial - Meaning or pertaining to industry, manufacturing, commerce,trade, business, or institution and is distinguished from domestic, residential and Commercial bythe production of Industrial Wastes..

2.1.45 Industrial Chemical Survey (ICS) - The survey of industries in New YorkState, initiated by the NYSDEC, to determine chemical usage and storage by those industries.

2.1.46 Industrial User - See User, Industrial.

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Leaf 6 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service May 12, 2008Issued:


2.1.47 Industrial Wastes - The liquid or liquid-carried solid, and/or gaseous wastes

from industrial manufacturing processes, trade, service, utility, or business, as distinct fromsanitary sewage.

2.1.48 Infiltration - Water, other than wastewater, that enters a sewer system

(excluding building drains) from the ground through such means as defective pipes, pipe joints,connections, or manholes. Infiltration does not include, and is distinguished from, inflow.Infiltration is inadvertent, that is, not purposely designed or built into the sewer or drain.

2.1.49 Inflow - Water, other than wastewater, that enters a sewer system (including

building drains) from sources such as, but not limited to, roof leaders, cellar drains, area drains,

drains from springs and swampy areas, manhole covers, cross connections between storm sewersand sanitary sewers, catch basins, cooling towers, storm waters, foundation drains, swimming

pools, surface runoff, street wash waters, or drainage. Inflow does not include, and isdistinguished from, infiltration. Inflow is purposely designed and/or built into the sewer or

drain.

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82.1.50 Interference - A discharge which, alone or in conjunction with discharges by

other sources, (a) inhibits or disrupts the WWTP, its treatment processes or operations, or its

sludge processes, use or disposal; and (b) therefore is a cause of a violation of any requirement

of the Sewer Corp’s SPDES permit (including an increase in the magnitude or duration of aviolation) or of the prevention of sewage sludge use or disposal by the Sewer Corp in accordance

with the following statutory provisions and regulations or permits issued thereunder (or morestringent State or local regulations):

(i)- Section 405 of the Clean Water Act,(ii)- the Solid Waste Disposal Act (SWDA) (including Title II, more

commonly referred to as the Resource Conservation and Recovery Act -RCRA), and including State regulations contained in any State sludgemanagement plan prepared pursuant to Subtitle D or the SWDA),

(iii) — Clean Air Act,(iv)- Toxic Substance Control Act, and

(v)- Marine Protection Research and Sanctuaries Act.2.1.51 Lateral, Building - The sewer extension from the building drain to the Street

Lateral or other place of wastewater disposal. See, also, Building Sewer.2.1.52 Lateral,Street - The sewer extension from the public sewer to the property

line. See, also, Sewer Stub.2.1.53 Medical Waste - Any waste as defined in the New York State, Public Health

Law, Section 1389, and means any waste that is generated in the diagnosis, treatment, orimmunization of human beings or animals, in research pertaining thereto, or in production and

testing of biologicals, including but not limited to:(a)- blood-soaked bandages;(b)- culture dishes and other glassware;

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1 (c)- discarded surgical gloves - after surgery;(d)- discarded surgical instruments - scalpels;

(e)- needles. - used to give shots or draw blood;

(f)- cultures, stocks, swabs used to innoculate cultures;(g)- removed body organs - tonsils, appendices, limbs, etc., and

(h)- lancets.However, medical waste shall not include any household waste permissible under the PublicHealth Law, Section 1389, and regulations of the New York State Department of Health and the

New York State Department of Environmental Conservation promulgated under that section ofthe law.

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2.1.54 National Categorical Pretreatment Standard, or Categorical Standard -Any regulation containing pollutant discharge limits promulgated by the EPA in accordance withSection 307 (B) and (C) of the Act (22 U.S.C. 1347), which applies to a specific category ofindustrial users. These standards apply at the end of the categorical process (“end of process”).

2.1.55 National Pollutant Discharge Elimination System (NPDES) Permit - Apermit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

2.1.56 National Prohibitive Discharge Standard, or Prohibitive DischargeStandard - Any regulation developed under the authority of Section 307 (B) of the Act, and 40CFR, Section 403.5.

2.1.57 Natural Outlet - Any outlet, including storm sewers and combined seweroverflows, to State's Waters.

2.1.58 New Owner - That individual or entity who purchased property within theService Area of the Sewage Corp after the effective date of this Tariff.

2.1.59 New Source - Any source, the construction of which is commenced after thepublication of the proposed regulation prescribing a Section 307 (C) (33 U.S.C 1317)Categorical Pretreatment Standard which will be applicable to such source, if such standard isthereafter promulgated.

2.1.60 New User - A discharger to the Sewerage System who commences discharge

after the effective date of this Tariff.2.1.61 Notice - Actual notice or written notice mailed postage prepaid, first-class mail,

to any person’s last known address.2.1.62 Normal Sewage - see Sewage, Normal.2.1.63 Nuisance - The use or lack.of use of the Sewerage System in such a manner so

as to endanger life or health, give offense to the senses, or obstruct or otherwise interfere withthe reasonable use or maintenance of the Sewerage System.

2.1.64 Oil and Grease - The result obtained when using an approved laboratoryprocedure to determine the quantity of fats, wax, grease, and oil, in a sample, expressed inmilligrams per liter.

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Q Leaf 8 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service May 12, 2008Issued:

Effective: August 11, 200812.1.65 Old Owner - That individual or entity who owns or owned a property, within

the Service Area of the Sewage Coip, purchased prior to the effective date of this Tariff, who orinherited the property at any time and intends to sell the property, or has sold the property to anew owner, also the agent of the old owner.

2.1.66 Owner - Any Person vested with ownership, legal or equitable, sole or partial,or possession of any improved property that seeks, receives, or accepts sewer service in theservice area of Sewage Corp.

2.1.67 Other Wastes - Garbage (shredded or unshredded), refuse, wood, egg shells,coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all other discarded matter notnormally present in sewage or industrial wastes. Also, the discarded matter not normally presentin sewage or industrial waste.

2.1.68 Pass Through - The discharge that exits the WWTP into waters of the State inquantities, which, alone or in conjunction with Discharges from other sources, is a cause of aviolation of any requirement of the Sewage Corp’s SPDES permit (including an increase in themagnitude or duration of a violation).

2.1.69 Permit - A temporary revocable written document allowing use of theSewerage System for specified wastes over a limited period of time, containing samplinglocations and reporting frequencies, and requiring other actions as authorized by this Tariff.

2.1.70 Person - Any individual, public or private corporation, political subdivision,Federal, State, or local agency or entity, association, trust, estate, or any other legal entitywhatsoever.

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s2.1.71 pH - The logarithm (base 10) of the reciprocal of the weight of hydrogenions,

in gram moles per liter of solution. A pH value of 7.0, the pH scale midpoint, representsneutrality. Values above 7.0 represent alkaline conditions. Values below 7.0 represent acidconditions.

2.1.72 Phosphorus, total - See total phosphorus.2.1.73 Pollutant - Any material placed into or onto the State's waters, lands, and/or

airs, which interferes with the beneficial use of that water, land, and/or air by any living thing atany time.

2.1.74 Pollution - The man-made or man-induced alteration of the chemical, physical,biological, and/or radiological integrity of the State's waters, lands and/or airs resulting from theintroduction of a pollutant into these media.

2.1.75 Pretreatment (Treatment) - The reduction of the amount of pollutants, theelimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to aless harmful state prior to or in lieu of discharging or otherwise introducing such pollutants intoa WWTP. The reduction or alteration can be achieved by physical, chemical, or biologicalprocess, process changes, or by other means, except as prohibited by 40 CFR, Section 403.6 (D).

2.1.76 Pretreatment Requirements - Any substantive or procedural requirementrelated to pretreatment,,other than a National Pretreatment Standard imposed on an industrialuser.

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2.1.77 Pretreatment Standard or National Pretreatment Standard - AnyCategorical Standard or Prohibitive Discharge Standard.

1 2.1.78 Priority Pollutants - The most recently revised or updated list, developed bythe EPA, in accordance with the Act.

2.1.79 Prohibitive Discharge Standard - see National Prohibitive DischargeStandard.

2.1.80 Properly Shredded Garbage - The wastes from the preparation, cooking, anddispensing of food that have been shredded to such a degree that all particles will be carriedfreely under the flow conditions normally prevailing in public sewers, and with no particlehaving a dimension greater than one-half (1/2) inch in any dimension.

2.1.81 Receiving Waters - A natural water course or body of water (usually Waters ofthe State) into which treated or untreated sewage is discharged.

2.1.82 Records - Shall include, but not be limited to, any printed, typewritten,handwritten, or otherwise recorded matter of whatever character (including paper or electronicmedia), including but not limited to, letters, files, memoranda, directives, notes and notebooks,correspondence, descriptions, telephone call slips, photographs, permits, applications, reports,compilations, films, graphs, and inspection reports. For the purposes of this Tariff, records shallmean records of and relating to waste generation, reuse and disposal, and shall include records ofusage of raw materials.

02.1.83 Roof Drain - A drain installed to receive water collecting on the surface of a

roof for disposal.i 2.1.84 Sanitary Sewage - See Sewage, Domestic.

2.1.85 Septage - All liquids and solids in and removed from septic tanks, holdingtanks, cesspools, or approved type of chemical toilets, including but not limited to those servingprivate residences, commercial establishments, institutions, and industries. Also sludge fromsmall sewage treatment plants. Septage shall not have been contaminated with substances ofconcern or priority pollutants.

2.1.86 Septic Tank - A private domestic sewage treatment system consisting of anunderground tank (with suitable baffling), constructed in accordance with any and/or all localand State requirements.

2.1.87 Service Area of the Sewage Corp - The legally defined bounds of realproperty from which wastewater may be discharged into the Sewerage System. The bounds shallbe established, altered, changed, modified, reduced, enlarged, combined, or consolidated byaction of the Town Board.

2.1.88 Sewage - A combination of the water-carried wastes from residences, businessbuildings, institutions, and industrial establishments, and such ground, surface, and storm wateras may be inadvertently present. The admixture of sewage, as defined above, with industrialwastes and other wastes, shall also be considered “sewage”, within the meaning of thisdefinition.

I Leaf 10 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service Issued:


12.1.89 Sewage Corp - Sagamor Sewer Corp., a New York State Transportation

Corporation, and its successors and assigns.2.1.90 Sewage, Domestic (Domestic Wastes) - Liquid wastes from the

non-commercial preparation, cooking, and handling of food, liquid wastes containing humanexcrement and similar matter from the sanitary conveniences in dwellings, commercial buildings,industrial buildings, and institutions, or liquid wastes from clothes washing and/or floor/wallwashing. Therefore, domestic sewage includes both black water and grey water. (See Sewage,Sanitary.)

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02.1.91 Sewage, Normal - Sewage, industrial wastes, or other wastes, which show, by

analysis, the following characteristics:(a)- B.O.D. (Five Day) - 2090 lbs. per million gallons (250 milligrams per

liter), or less.(b)- Suspended Solids - 2500 lbs. per million gallons (300 milligrams per

liter), or less.(c)- Phosphorus - 125 lbs. per million gallons (15 milligrams per liter), or

less.(d)- Ammonia - 250 lbs. per million gallons (30 milligrams per liter), or less.(e)- Total Kjeldahl Nitrogen - 417 lbs. per million (50 milligrams per liter), or

less.(f)- Chlorine Demand - 209 lbs. per million gallons (25 milligrams per liter),

or less.(g)- Chemical Oxygen Demand - 2920 lbs. per million gallons (350

milligrams per liter), or less.(h)- Oil and Grease - 830 lbs. per million gallons (100 milligrams per liter), or

less.In spite of satisfying one or more of these characteristics, if the sewage also contains substancesof concern, it may not be considered normal sewage.

2.1.92 Sewage, Sanitary - Liquid wastes from the sanitary conveniences of dwellings(including apartment houses and hotels), office buildings, factories, or institutions, and free fromstorm water, surface water, industrial, and other wastes. (See Domestic Wastes.)

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2.1.93 Sewage Treatment Plant (Water Pollution Control Plant) - see Waste WaterTreatment Plant.

2.1.94 Sewage, Unusual Strength or Character - Sewage which has characteristicsgreater than those of Normal Sewage and /or which contains Substances of Concern.

2.1.95 Sewer - A pipe or conduit for carrying or transporting sewage.2.1.96 Sewer, Combined - A sewer designed to receive and transport both surface

runoff and sewage.

I-Leaf 11 of 36Sagamor Sewer Corp.

Rules and Regulations for Sewage Service May 12, 2008Issued:Effective: August 11, 2008

2.1.97 Sewer, Public - A sewer in which all abutting property owners have equalrights, and the use of which is controlled by the Sewage Corp.

2.1.98 Sewer, Sanitary - A sewer which carries sewage, and to which storm, surface,and groundwaters are not intentionally admitted.

2.1.99 Sewer, Storm (Storm Drain) - A sewer which carries storm and surface watersand drainage, but excludes sewage and industrial wastewaters, other than cooling waters andother unpolluted waters.

2.1.100 Sewer Stub - That portion of the Building Sewer that connects to the sewermain and extends to the property line and is available to receive a Building Sewer Connection.See, also, Lateral, Street..

2.1.101 Sewerage System (also TW) - All facilities for collecting, regulating,pumping, and transporting wastewater to and away from the TW.

2.1.102 Sewerage Surcharge - The demand payment for the use of a public sewerand/or sewage treatment plant for the handling of any sewage, industrial wastes, or other wastesaccepted for admission thereto in which the characteristics thereof exceed the maximum valuesof such characteristics in normal sewage. (See Volume Charge.)

2.1.103 Significant Industrial User - see User, Significant Industrial.

2.1.104 Significant Non-Compliance (SNC) - A User is in significantnon-compliance if its violation(s) meet(s) one or more of the following criteria:

(a)- Chronic violations of wastewater discharge limits , defined here asthose, in sixty-six (66) percent or more of all of the measurements takenduring a six-month period, wluch exceed (by any magnitude) the dailymaximum limit or average limit for the same pollutant parameter;

(b)- Technical Review Criteria (TRC) violations, defined here as those, inwhich thirty-three (33) percent or more of all of the measurements foreach pollutant parameter taken during a six-month period, which equalor exceed the product of the daily maximum limits multiplied by theapplicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC =1.2 for all other pollutants);(i)- Any other violation of a pretreatment effluent limit (daily

maximum or long-term average) that the Sewage Corp determineshas caused, alone or in combination with other discharges,interference or pass through (including endangering the health ofUTW personnel or the general public);

(ii)- Any discharge of a pollutant that has caused imminentendangerment to human health, welfare or to the environment orhas resulted in the Sewage Corp's exercise of its emergencyauthority under Article 11 of this Tariff;

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1 Leaf 12 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service May 12, 2008Issued:


(iii)- Failure to meet, within 90 days after the schedule date, acompliance schedule milestone contained in a local controlmechanism or enforcement order for starting construction,completing construction, or attaining final compliance;

(iv)- Failure to provide, within 30 days after the due date, requiredreports such as baseline monitoring reports, 90-day compliancereports, periodic self-monitoring reports, and reports oncompliance with compliance schedules;

(v)- Failure to report accurately any non-compliance;(vi)- Any other violation which the Sewage Corp determines will

adversely affect the implementation or operation of the localpretreatment program.

2.1.105 SPDES - The State Pollutant Discharge Elimination System permit issued bythe NYSDEC pursuant to a New York State program that has been approved by the USEPA forthe control of wastewater and storm-water discharges.

2.1.106 Slug - A substantial deviation from normal rates of discharge or constituentconcentration (see normal sewage) sufficient to cause interference. In any event, a discharge inconcentration of any constituent or in quantity of flow, that exceeds, for any period of durationlonger than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hourconcentration or flow during normal user operations, shall constitute a slug.

2.1.107 Standard Industrial Classification (SIC) - A classification pursuant to theStandard Industrial Classification Manual issued by the Executive Office of the President, Officeof Management and Budget, 1972, and subsequent revisions.

2.1.108 Standard Methods - Procedures contained in the latest edition of “StandardMethods for the Examination of Water and Wastewater”, published by the American PublicHealth Association, procedures established by the Administrator, pursuant to Section 304 (G) ofthe Act and contained in 40 CFR, Part 136, and amendments thereto. (If 40 CFR, Part 136 doesnot include a sampling or analytical technique for the pollutant in question, then procedures setforth in EPA publication, “Sampling and Analysis Procedures for Screening of IndustrialEffluents for Priority Pollutants”, April 1977, and amendments thereto, shall be used.), any otherprocedure approved by the Administrator, or any other procedure approved by the Sewage Corp,whichever is the most conservative.

2.1.109 State - State of New York.2.1.110 State's Waters - See Waters of the State.2.1.111 Storm Water - Any flow occurring during or following any form of natural

precipitation; also the flow resulting therefrom.2.1.112 Substances of Concern - Those compounds that the NYSDEC has

determined may be harmful to man or the environment.

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Leaf 13 of 36Sagamor Sewer Corp,

Rules and Regulations for Sewage Service Issued:Effective: August 11, 2008

May 12, 2008

2.1.113 Sump Pump - A mechanism used for removing water from a sump or wetwell.

2.1.114 Suspended Solids - The result obtained, using an approved laboratory

procedure, to determine the dry weight of solids, in a sample, that either float on the surface of,or are in suspension, or are settleable, and can be removed from the sample by filtration,expressed in milligrams per liter.

2.1.115 Total Kjeldahl Nitrogen (TKN) - The result obtained, using an approved

laboratory procedure, to determine the quantity of ammonia in a sample and released during the

acid digestion of organic nitrogen compounds, expressed as milligrams of nitrogen per liter.2.1.116 Total Phosphorus - The result obtained, using an approved laboratory

procedure, to determine the total quantity of orthophosphate, in a sample of wastewater,following the hydrolysis of phosphorus compounds, expressed as milligrams of phosphorus per

liter of sample.

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2.1.117 Town - The Town of East Fishkill, Dutchess County, New York, amunicipality of the State of New York, acting by and through its Town Board.

2.1.118 Toxic Substances - Any substance, whether gaseous, liquid, or solid, that

when discharged to a public sewer in sufficient quantities may be hazardous to TW operation and

maintenance personnel, tend to interfere with any biological sewage treatment process, or toconstitute a hazard to recreation in the receiving waters, due to the effluent from a sewage

treatment plant or overflow point. Any pollutant or combination of pollutants listed as toxic inregulations promulgated by the EPA under provisions of CWA 307 (A), or other Acts.

2.1.119 Treatment Works (“TW”) - A treatment works, as defined by Section 212

of the Act, (33 U.S.C 1292), which is owned, in this,instance, by Sewage Corp..This definition

includes any sewers and appurtenances that transport wastewater to the TW treatment plant, but

does not include pipes, sewers, or other conveyances not connected directly or indirectly to a

facility providing treatment.2.1.120 Unpolluted Water - Water of a quality equal to or better than the effluent

criteria in effect or water that would not cause violation of receiving water quality standards and

would not be benefitted by discharge to the sanitaiy sewers and wastewater treatment facilities.2.1.121 User - Any person who contributes, causes, or permits the contribution of

wastewater into the UTW.

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2.1.122 User, Existing - A discharger to the Sewerage System who is discharging onor before the effective date of this Tariff.

2.1.123 User, Industrial - A discharger to the Sewerage System who discharges

non-domestic wastewaters.2.1.124 User, New - A discharger to the Sewerage System who initiates discharge

after the effective date of this Tariff.2.1.125 User, Significant Industrial (SIU) - An industrial user of the Sewerage

System who is:



(a)- Subject to National Categorical Pretreatment Standards promulgated bytheEPA, .

(b)- Having substantial impact, either singly or in combination with otherindustries, on the operation of the treatment works,

(c)- Using, on an annual basis, more than 10,000 lbs or 1,000 gallons of rawmaterial containing priority pollutants and/or substances of concern anddischarging a measurable quantity of these pollutants to the sewersystem,

(d)- Discharging more than five percent (5%) of the flow or load ofconventional pollutants received by the WWTP.

At the sole discretion of the Sewage Corp, a user discharging a measurable quantity of a pollutantmay be classified as non-significant if, at the influent to the WWTP, the pollutant is notdetectable.

2.1.126 Volume Charge (User Charge) - The demand sewer use charge which isbased, in part or wholly, on the volume of normal sewage discharged into the Sewerage System(there may be surcharges, as provided for in Article 12). The volume charge shall be based on aspecific cost per 100 cubic feet or per 1,000 gallons. The specific charge is set in this Tariff andsubject to the approval by the Town Board.

2.1.127 Wastewater - The liquid and water-carried industrial or domesticwastewaters from dwellings, commercial establishments, industrial facilities, and institutions,together with any groundwater, surface water, and storm water that may be present, whethertreated or untreated, which is contributed into or permitted to enter the Sewerage System.

2.1.128 Wastewater Discharge Permit - A permit as set forth in Article 10 of this

iTariff.

2.1.129 Wastewater, Unusual Strength or Character - see Sewage, UnusualStrength or Character.

2.1.130 Waste Water Treatment Plant (“WWTP”) - That portion of the TWdesigned to provide treatment to wastewater, and to treat sludge and residuals derived from suchtreatment.

82.1.131 Waters of the State (State’s Waters) - All streams, lakes, ponds, marshes,

water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainagesystems, and all other bodies or accumulations of water, surface or underground, natural orartificial, public or private, which are contained within, flow through, or border upon the State orany portion thereof.2.2 Abbreviations:

The following abbreviations shall have the designated meanings:2.2.1 ANSI - American National Standards Institute2.2.2 ASTM - American Society for Testing and Materials

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2.2.3 AWWA - American Water Works Association

2.2.4 BOD - Biochemical Oxygen Demand

2.2.5 CFR - Code of Federal Regulations

2.2.6 CPLR - Code of Public Law and Rules

2.2.7 COD - Chemical Oxygen Demand

2.2.8 CWA - Clean Water Act, see Act.'2.2.9 EPA - Environmental Protection Agency

2.2.10 L - Liter2.2.11 Mg - Milligram

2.2.12 Mg/1- Milligrams per liter

2.2.13 NCPI - National Clay Pipe Institute

2.2.14 NPDES - National Pollutant Discharge Elimination System

2.2.15 NYSDEC - New York State Department of Environmental Conservation

2.2.16 NYSDOH - New York State Department of Health

2.2.17 NYSDOT - New York State Department of Transporation

2.2.18 P - Total Phosphorus

2.2.19 PSI - Pounds per Square Inch

2.2.20 TW - Utility Owned Treatment Works

2.2.21 PPM - Parts per Million, weight basis

2.2.22 SIC - Standard Industrial Classification

2.2.23 SPDES - State Pollutant Discharge Elimination System

2.2.24 SWDA - Solid Waste Disposal Act, 42 U.S.C. 690 L, et seq.2.2.25 U.S.C.- United State Code of Laws

2.2.26 USEPA - United State Environmental Protection Agency

2.2.27 TSS - Total Suspended Solids

2.2.28 WWTP - Waste Water Treatment Plant

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1

Q Sagamor Sewer Corp.Rules and Regulations for Sewage Service

Leaf 16 of 36Issued:Effective: August 11, 2008

May 12, 2008

ARTICLE 3 - USE OF SEWER SYSTEM

3.1 All Sanitary Sewage and Industrial Wastes from any building, after connection of suchbuilding to a Sewer, shall be subject to the limitations and restrictions established herein;otherwise established by the Town and Sewage Corp; or by applicable statute, ordinance, orregulation of a government entity with jurisdiction.3.2 No sewer service is offered by Sewage Corp to user or new users that have IndustrialWaste.3.3 Any Person proposing a new discharge into the Sewer System or a substantial change inthe volume or character of pollutants that are discharged into the Sewer System shall notifySewage Corp at least 120 days prior to the proposed change or connection. Proposed newdischarges from residential, industrial, or commercial sources any new discharge exceeding 50population equivalents (5,000 gpd), any new discharge of Industrial Waste, or any alteration ineither flow or waste characteristics in the discharge of Industrial Waste must be approved inadvance by Sewage Corp and all regulatory authorities with jurisdiction.3.4 Every part of the Sewer System that is the responsibility of an Owner shall be maintainedin a sanitary and safe operating condition by the Owner.3.5 No Person(s) shall break, damage, destroy, uncover, deface, or tamper with any structure,appurtenance, or equipment that is part of the Sewer System.3.6 Sewage Corp undertakes to use reasonable care and diligence to provide service, butreserves the right, at any time, without notice if necessary to shut off the mains for the purpose ofmaking repairs or extensions, or for other purposes. Sewage Corp will, whenever possible,provide advance notice to those customers whose service will be discontinued. It is expresslyagreed that Sewage Corp will not be liable for a deficiency or failure of service for any causewhatsoever, nor for any damage caused thereby, or by the bursting or breaking of any main orservice pipe or any attachment to Sewage Corp's property, except damage resulting from grossnegligence of Sewage Corp.

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ARTICLE 4 - APPLICATIONS FOR SERVICE AND CONNECTIONS

4.1 Application for Service:4.1.1 Each Owner or its agent shall apply in writing to Sewage Corp for service. An

application fee of $100.00 shall be paid to Sewage Corp at the time the application is filed. If theapplication is accepted a In addition, the applicant will pay an inspection fee comprised of theactual cost incurred by Sewage Corp to review the application and inspect the construction.

4.1.2 Connection Fee. Developers or builders who seek to obtain service for a buildinglot that has not had service from the Sewage Coip will pay a Connection Fee, in addition to theother fees contained herein, in the amount of $5,000 per equivalent residential unit to offset thecontribution to the Sewage Corp made by the stockholders. Sewage Corp will pay this amountI

ISagamor Sewer Corp.Rules and Regulations for Sewage Service


May 12, 2008

1 over to its stockholders. The Connection Fee may be waived or reduced at the discretion of theSewage Corp.

4.1.3 The applicant shall provide in writing sufficient information to satisfy SewageCorp that the proposed construction will be in compliance with this Tariff and that die connectionof the new customer(s) will not cause the Sewer System to exceed any permit, effluent, orcapacity limitations. The applicant shall specifically describe all wastes and the amount thereofto be discharged. The application for service shall be supplemented by any plans, specifications,or other information considered pertinent in the judgment of Sewage Corp,

4.1.4 Sewage Corp may require an applicant to provide information needed todetermine compliance with this Tariff. These requirements may include:

(a)-Wastewater discharge peak rates and volume over a specified time period;(b)-Chemical analyses of wastewaters as well as temperatures;(c)-Information on raw materials, processes, and products affecting wastewater

volume and quality;(d)-Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials

important to sewer use control;(e)-A plot plan of Sewers on the Owner’s property showing sewer and pretreatment

facility location;(f) - Details of wastewater pretreatment facilities; and(g)-Details of systems to prevent and control the losses of materials through spills to

the Sewer System.4.1.5 If there is inadequate capacity in any sewer that would convey the wastewater or

if there is insufficient capacity in the WWTP to treat the wastewater properly, the applicationshall be denied.

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s4.2 Each Owner in Sewage Corp’s service area shall be obligated to pay all costs andexpenses of operation, repair, and maintenance and of reconstruction (if needed) of the BuildingSewer servicing the property.4.3 Sewage Corp Shall Build and Have Title:

4.3.1 New connections for homeowners, commercial properties, developers, schools,industries, or any other use will be required to employ Sewage Corp or its appointed agent toconstruct such new connections.

4.3.2 The Owner of the building to be connected shall pay all costs and expenses for theconstruction of the facilities that will connect the Owner’s premises to the connection pointdetermined by Sewage Corp. Such costs shall include the cost of pumping facilities, the BuildingSewer Connection, the Sewer Stub from the existing sewer main or newly constructed sewermain to the property line of each lot along the line, and all costs and expenses of construction ofthe remainder of the Building Sewer, including connection to the structures served. Such Ownershall indemnify and save harmless Sewage Corp and its employees, agents, and contractors fromall loss or damage, including reasonable attorneys’ fees, that may be incurred by Sewage Corp,

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ta Leaf 18 of 36Sagamor Sewer Corp.


May 12, 2008

directly or indirectly, as a result of construction of a Building Sewer Connection on the Owner’spremises, Sewer Stub, or the connection to the Sewer System.

4.3.3 If the facilities to be constructed serve only one parcel, title to the facilitiesconstructed will remain with the property served. If the facilities serve more than one parcel, thefacilities may, with Sewage Corp’s assent, be transferred to Sewage Corp, but under nocircumstances may title remain with or be transferred to any entity other than Sewage Corp or asingle entity owning all of the parcels served.

4.3.4 After the initial construction of the Building Sewer Connection, the Owner shallthereafter be obligated to pay all costs and expenses of operation, repair, and maintenance, and ofreconstruction (if needed) of the facilities constructed beginning at Sewage Corp’s designatedconnection point and ending at the building.

4.3.5 Title to all facilities used in Sewer System that extend beyond the Owner’sproperty line or used to provide service to other than the Owner shall be granted to Sewer Corp atno cost to the Sewer Corp.

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ARTICLE 5-SPECIFICATIONS, MATERIALS, AND CONSTRUCTION

Specifications:5.1.1 Except as otherwise provided in this paragraph, each building shall be connected

separately and independently to a Sewer through a Building Sewer. Grouping of more than onebuilding on one Building Sewer shall not be permitted, except under special circumstances andfor good sanitary reasons or other good cause shown, but then only after special permission ofSewage Corp, in writing, shall have been secured and subject to such rules, regulations, andconditions as may be prescribed by Sewage Corp.

5.1.2 A Building Sewer shall be connected to Sewage Coip’s collection system at theconnection point designated by Sewage Corp.

5.1.3 New street laterals and/or building laterals shall not go under building basements.In like fashion, a building shall not be constructed over an existing lateral; the lateral shall berelocated after the Sewage Corp has approved plans showing the relocation.

5.1.4 Existing building laterals may be used in connection with new buildings onlywhen they are found, on examination by the Superintendent, to meet all requirements of thisTariff.

5.1

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5.1.5 Construction must meet the following requirements:A. All connections, joints, manholes, and covers will be smooth, neat, and water

tight.B. All excavations shall provide for safe and sanitary disposal of water, not allowing

it to enter the collection system.LI&


Leaf 19 of 36May 12, 2008Issued:


C. All materials used shall be of good quality and satisfactory to Sewage Corp aswell as meet all governmental codes and regulations for materials.

D. All Building Sewers shall be of sufficient size and type satisfactory to allregulatory agencies and Sewage Corp.

E. The slope from the building to the sewer main shall be satisfactory to allregulatory authorities and Sewage Corp. If the slope cannot be made satisfactory,then such other reasonable steps will be taken as required by Sewage Corp.

F. All work shall be done in strict conformity to the plans that will have beensubmitted to the Sewage Corp.

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Lateral Pipe Materials:5.2.1 Building and street lateral pipe materials shall be one of the following:

(a)-Tar-coated, service grade, cast iron soil pipe conforming to ASTM SpecificationA-74, “Cast Iron Pipe and Fittings”. All dimensions, weight and markings of thepipe shall conform to the requirements of ANSI, Designation A112.5.1, exceptspigot ends shall be “plain end”, if gasket joints are used.

(b)-Polyvinyl chloride (PVC) pipe and fittings conforming to ASTM SpecificationD-3034-73, “SDR-35 Polyvinyl Chloride (PVC) Sewer Pipe and Fittings”. Allpipe shall be suitable for gravity sewer service. Provisions shall be made forcontraction and expansion at each joint with a rubber ring. The bell shall consistof an integral wall section stiffened with two PVC retainer rings which securelylock the solid cross-section ring into position. Minimum “Pipe Stiffiiess” (FAQ atfive percent (5%) deflection shall be 46 PSI when tested in accordance withASTM Specification D-2412.

5.2.2 Any part of the building or street lateral that is located within five (5) feet of awater main or water service shall be constructed of cast iron soil pipe. Cast iron soil pipe may berequired by the Superintendent where the building or street lateral is likely to be damaged by treeroots. If installed on fill or unstable ground, the building or street lateral shall be of cast iron soilpipe, although other pipe material may be permitted if such pipe is uniformly supported on apoured concrete cradle approved by the Superintendent. The distance between consecutive joints,as measured along the centerline of the installed pipe, shall not be less than ten (10) feet, exceptunder abnormal circumstances, in which case this dimension may be diminished, if approved bythe Superintendent. The size and slope of building and street laterals shall be subject to approvalby the Superintendent, but in no event shall the internal pipe diameter be less than 4 inches, norshall the pipe slope be less than 1/4 inch per foot.

5.2.3 The street lateral shall include a full port curb stop with flow-through diameterequal to that of the lateral. A curb box shall be installed.

5.2

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May 12, 2008

5.3 Street Lateral to Sewer Main Connection:5.3.1 At the point of connection of a street lateral to a main sewer, a standard wye

fitting and sufficient one-eighth (45 degree) bend fittings shall be used. The wye fittings shall beinstalled so that flow in the “arm” shall transition smoothly into the flow in the public sewer. Nolateral connection shall be made to the public sewer which permits the flow into the public sewerfrom the lateral to enter at right angles.

a5.3.2 The inside diameter of the fittings shall be same diameter as the street lateral3 inside diameter.

5.4 Laterals At and Near Buildings:5.4.1 Building laterals laid parallel to a bearing wall shall not be installed closer than

three (3) feet to such wall. The building lateral shall enter the basement through the basementwall no less than twelve (12) inches above the basement floor. In no event shall any buildinglateral be placed below the basement floor, except with the expressed written approval of theSuperintendent.

5.4.2 The building lateral shall be laid at uniform grade and in straight alignmentinsofar as possible. Changes in direction shall be made only with properly curved pipe andfittings. Changes of direction of 90 degrees or greater shall be made with a cleanout whichextends to grade, terminating in a terminal box set in concrete. In building laterals, saidcleanouts shall be provided such that the maximum distance between cleanouts is 75 feet. Theends of all building or street laterals, which are not connected to the interior plumbing of thebuilding, for any reason, shall be sealed against infiltration by a suitable stopper, plug, or byother approved means,

• 5.5 Sewage Lifting:In all buildings in which any building drain is too low to permit gravity flow to the public

sewer, wastewater carried by such drain shall be lifted by mechanical means and discharged tothe building lateral. The installation is subject to the approval by Sewage Corp and the cost tooperate and maintain the equipment used to perform this function shall be borne by the buildingowner.5.6 Lateral Pipe Installation:

5.6.1 All excavations required for the installation of a building or street lateral shall beopen trench work unless otherwise approved by the Superintendent. Pipe laying and backfilling,regardless of pipe material used, shall be performed in general accordance with paragraphs 3through 6 of ASTM Specification C-12, except that trench width, measured at the top of theinstalled pipe, shall not exceed the outside pipe diameter plus 14 inches and, except that nobackfill shall be placed until the work has been inspected. The depth of cover over the pipe shallbe sufficient to afford protection from frost, but no in any case shall such depth be less than four(4) feet. Where it is physically impossible to provide cover of four (4) feet, the depth may bereduced to a minimum of two (2) feet and the pipe shall be insulated, as approved by theSuperintendent.

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Leaf 21 of 36Issued: May 12, 2008Effective: August 11, 2008I

5.6,2 Every excavation for a Building Sewer and Sewer Stub shall be guardedadequately with barricades and lights to protect all persons from damage and injury, exceptingonly where the excavation presents no reasonable danger to either the neighbors or the public.Installation shall follow all rules and regulations of OSHA, New York State, and any otherregulatory authority with jurisdiction.5.7 Building Lateral/Street Lateral Connection:

5.7.1 The connection of the building lateral to an existing street lateral shall be made atthe property line. If a street lateral has not previously been provided, the street lateral will beconstructed from the existing public sewer to the property line, by a licensed plumber, at theowner's expense. The street lateral shall be installed with a properly sealed and coveredclean-out to grade located at the property line. The clean-out shall terminate in a metal boximbedded in concrete.

5.7.2 The cost of constructing the street lateral from the existing public sewer to theproperty line shall be at the property owner’s expense; all subsequent costs and expenseincidental to the installation and connection of the building lateral shall also be borne by theowner.

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5.7.3 The property owner shall indemnify the Sewage Corp from any loss or damagethat may directly or indirectly be occasioned by the installation of the building lateral.

5.7.4 It shall be the responsibility of the property owner to maintain, repair, or replacethe building lateral, as needed.

5.7.5 The method of connection of the building lateral to the street lateral will bedependent upon the type of sewer pipe material, and, in all cases, shall be approved by theSewage Corp. After installation of the street lateral has been approved by the Sewage Corp, thenew street lateral shall become the property of the Sewage Corp. Any subsequent repairs to thenew street laterals shall be made by the Sewage Corp at the Sewage Corp’s expense.

Inspections:5.8.1 Connection Inspection:

(a)- The applicant for the building lateral permit shall notify the Sewage Corpwhen the building lateral is ready for inspection and connection is to bemade to the street lateral. The connection shall be made under thesupervision of Sewage Corp.

(b)- If the Sewage Corp is not installing the new street lateral, the applicant forthe installation of street lateral shall notify the Sewage Corp when thestreet lateral is ready for inspection and connection is to be made to themain sewer. The connection shall be made under the supervision of theSewage Corp.

5.8.2 Trench Inspections:(a)- When trenches are excavated for the laying of building lateral pipes or for

laying of street lateral pipes, such trenches shall be inspected by the

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Leaf 22 of 36Sagamor Sewer Corp*


May 12, 2008

aSewage Corp. Before the trenches are backfilled, the person performingsuch work shall notify the Sewage Corp when the laying of the buildinglateral is completed, and no backfilling of trenches shall begin untilapproval is obtained from the Sewage Corp.

(b)- If anv part of a Building Sewer is covered before so being inspectedand approved, it shall he uncovered for inspection at the cost andexpense of the Owner of the building to be connected to a Sewer.

5.9 After a building has been connected to the Sewer System, the Owner shall promptlyclean and fill the prior private septic system, if any, in a maimer satisfactory to Sewage Corp andany regulatory authorities with jurisdiction.5.10 Future Connection-As-Built Drawings:

5.10.1 An Applicant seeking service outside the Sewage Corp’s exisiting service area,may request that Sewage Corp seek permission from the Town of East Fishkill to expand SewageCorp’s service area. Sewage Corp may, at its sole discretion to seek such approval or reject theapplication. Should Sewage Corp agree to seek such approval all cost associated with theApplicant’s request, shall be paid by the Applicant.

5.10.2A street lateral, including the wye and eighth bend fittings, shall be installed onall new sewer mains at the time of construction for each proposed lot for either immediate orfuture development.

5.10.3Laterals installed for future connections shall be fitted a standard plug approvedfor use by the Sewage Corp. All sewer connections shall be via a properly installed saddle on themain sewer pipe. No portion of the lateral pipe shall protrude into the main.sewer pipe. Thelocation of all lateral connections shall be field marked with a 2 inch by 6 inch corrosion and rotresistant board. The marker board shall extend from the depth of the lateral to a minimum of two(2) feet above grade. The location of all lateral connections shall be indicated on a drawing witha minimum of three (3) tie lines indicated. Four (4) copies of this drawing, showing the as-builtlocation of these connections, shall be furnished to the Swage Corp. A refundable deposit shallbe placed with Sewage Corp to assure receipt of these as-builts. The deposit shall be placedwhen application is made; the amount of the deposit shall be $100 per sheet of plans showinglocations of lateral connections. No sanitary sewer shall be accepted by Sewage Corp until four(4) copies of this record drawing have been so filed with the Sewage Corp and the Sewage Corphas approved the submitted drawings.

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ARTICLE 6-MAINTENANCE, REPLACEMENT,AND ABANDONMENT

i6.1 Cleanout Repair/Replacement:

If, in the judgement of the Sewage Corp, it is determined that a building lateral, withouta property line clean-out, needs repair or replacement, the Sewage Corp may install a clean-out atthe property line, at the property owner's expense, such that the street lateral can be maintainedindependently of the building lateral.


Leaf 23 of 36Q May 12, 2008Issued:


1 6.2 Street Lateral Replacement: Ownership:Any existing street lateral, without a property line clean-out, that, upon examination by

the Sewage Corp, is determined to be in need of replacement will be replaced with a new streetlateral with a property line clean-out. The replacement street lateral shall be constructed by alicensed plumber. The cost of constructing the replacement street lateral and clean-out shall be atthe property owner's expense. Once the replacement street lateral and clean-out have beenconstructed and approved by the Sewage Corp, the new street lateral shall become the propertyof the Sewage Corp. Any repairs to new street laterals shall be made by the Sewage Corp at theSewage Corp’s expense.6.3 If any Person shall fail or refuse to remedy any unsatisfactory condition with respect toa Building Sewer, within 45 days after notice from Sewage Corp (except that in the case of direemergency this time period may be reduced as necessary to protect the health and safety ofresidents of the Town of East Fishkill), Sewage Corp may remedy any such unsatisfactorycondition with respect to a Building Sewer or other facilities owned by an Owner, and the Ownerof the property served, or to be served by the Building Sewer, shall reimburse Sewage Corp forthe costs and expenses thereof upon demand by Sewage Corp.6.4 No Person shall uncover, connect with, or make any opening into or use, alter, ordisturb in any manner any Sewer or any part of the Sewer System without first obtaining apermission from Sewage Corp and paying to Sewage Corp an application fee equal to the costincurred by Sewage Corp to have appropriate professionals review said application and makespecific recommendations to Sewage Corp as to the appropriateness of said proposed activity.6.5 Where the Owner, with respect to any actions allowed by a Sewage Corp, excavateswithin or otherwise disturbs public property, then the Owner shall give the Town of East Fishkillprior notice of the proposed action, shall.obtain, at its own expense, all necessary permits, shallfollow all directions of Sewage Corp, and shall promptly and safely, and at the Owner’s ownexpense, complete the action and restore the public property in a manner satisfactory to theTown.6.6 When a building is demolished and not immediately replaced, the Owner of theproperty, after having first notifying Sewage Corp, shall adequately seal off its Building Sewerwhere it connects to the sewer main.

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ARTICLE 7-AUTHORIZATION TO CHARGE AND COLLECT

7.1 The charges for and collection of the expense of constructing and maintaining theSewer System shall be governed by the provisions of this Tariff and any laws or regulations thatmay apply now or in the future such as the Transportation Corporations Law, the Code of theTown of East Fishkill, and the NYSDEC regulations. In conformance with this Tariff, the entireexpense of construction and maintenance of the Sewer System shall be met by the rates andcharges as herein provided.1

i Leaf 24 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Service Issued:


7.2 Security Deposits7.2.1 As a condition of receiving service, Sewage Coip may require a deposit from

residential customers that are delinquent (having a bill remaining unpaid 30 days from the datemailed), seasonal, short term, or temporary or who have had service terminated for non-paymentduring the preceding 6 months.

7.2.2 Sewage Corp will require a deposit from Commercial Establishments that will beheld until service is terminated.

7.2.3 Deposits from applicants and customers will be two times the estimated averagemonthly bill for a calendar year. There will be no interest paid on deposits.

7.2.4 Sewage Corp may use the deposit to pay delinquent bills. However, the use ofthe deposit by Sewage Corp will not relieve an Owner or Person from the obligation to pay anyamount that it owes the Sewage Corp under this tariff, maintain the deposit, or change thecomputation of late charges or other fees.

7.2.5 Sewage Corp shall perform an annual review of the billing history of everycustomer who has a deposit with the it to assure that the amount of the deposit conforms with thecomputations set forth above. Sewage Corp may review the deposit at any time. If a reviewshows that the deposit held falls short of the amount the Company may require by 25 percent ormore, Sewage Corp may require that the customer pay an additional deposit. If a review showsthat the deposit held exceeds the amount required by 25 percent or more, Sewage Coip shallrefund the excess to the customer. The customer may request a downward revision of thedeposit.

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s 7.2.6 The deposit from a residential customer may be held by Sewage Corp until thecustomer has paid all of its bills on time 24 consecutive months.7.3 Sewer Rates

7.3.1 The sewer rate established in this section shall apply to all Owners served by theSewer System.

7.3.2 Each Owner shall pay for the services provided by Sewage Corp to suchOwner’s real property based on its use of the WWTP as determined by the sewer rates authorizedby the action or lack of action by the Town. See Appendix I-Sewer Rental Rates and Chargesand Appendix II-Surcharges.

7.3.3 Each year the base rates charged by Sewage Corp will increase by the samepercent as the percentage increase measured by the index of Water and Sewage MaintenanceCosts, Consumer Price Index - All Urban Consumers, seasonally adjusted and reported by theU.S. Department of Labor, Bureau of Labor Statistics (“Index”). Effective January 1, 2009, andon each January 1 thereafter (each, an “Adjustment Date”), the then existing base rate will beincreased by the percentage calculated as follows:

1. “X” is the monthly index reported for the month that is three months before theAdjustment Date,

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Leaf 25 of 36May 12, 2008Sagamor Sewer Corp.


2. “Y” is the monthly index reported for the month that is one year and threemonths before the Adjustment Date.

3. % Increase = (X-Y)/YSewage Corp will keep a record of the computation of the annual increase, replace Appendix 1

with a leaf showing the new rates, send a copy of the computation and new Appendix 1 to the

Town for its records, and notify its customers of the adjusted base rate and the basis for the new

base rate in the first bill being sent with the new rate.7.4 Surcharges for Non-Conforming Effluent

7.4.1 A surcharge, in addition to the sewer rate, will be collected from the Owners

whose wastewater has BOD or SS concentration in excess of Normal Domestic Wastewater.(a) - The surcharge for operation and maintenance including replacement shall

be determined as operating costs become available and/or on an individualbasis at the time of sewer connection application and will be based on theapproved rate set forth in the Tariff to treat a pound of BOD and SS. (SeeAppendix I for method of calculation.)

(b)- Each Owner contributing wastewater whose waste strength is greater thannormal domestic wastewater shall prepare and file with Sewage Corp areport that shall include pertinent data relating to the wastewatercharacteristics, including the methods of sampling and measurement toobtain these data, and these data shall be used to calculate the sewer ratefor that Owner. Sewage Corp shall have the right to gain access to thewaste stream and take its own samples; the cost to take and analyze thesample shall be borne by the Owner. Should Sewage Coip do so andshould the results be substantially different from the data submitted by theOwner, the sewer rate for that Owner shall be revised for the next billingcycle/period to include the cost of analysis and any professional costsrequired by Sewage Coip to review said analysis.

7.4.2 Any Owner that discharges any Toxic Pollutants (as defined in this document),that cause an increase in the cost of managing the effluent and the sludge from the WWTP, orthat discharges any substance that singly or by interaction with other substances causesidentifiable increases in the cost of operation, maintenance, or replacement of the WWTP, shall

pay for such increased costs. The charge to each such Owner shall be as determined as neededby Sewage Corp’s appointed professional engineer.7.5 Charges for Collecting Unpaid Invoices

Should the Owner or any Person fail to pay within thirty days after an invoice has been

mailed for any services, fees, or penalties pursuant to this Tariff, Sewage Corp may begin

collection procedures including legal proceedings. The Owner and/or the Person will beresponsible to pay the invoice; interest on the unpaid balance, as outlined below; legal fees, andother collection expenses.

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1 Leaf 26 of 36Issued: May 12, 2008Effective: August 11, 2008


7.6 Complaint Handling Procedure and Back Billing

7.6.1 Any Owner who feels the charge for service is incorrect may make writtenapplication to Sewage Corp requesting a review of its invoices. Said written request shall, whennecessary, show the actual or estimated average flow and/or strength of its wastewater incomparison with the values upon which the charge is based, including how the measurements orestimates were made.

7.6.2 .Review of the request shall be made by Sewage Corp and if substantiated, thesewer rates for that Owner shall be recomputed for the period that the Owner can prove the lowerflow or incorrect billings. The revised invoices shall be based on the revised flow and/or strengthdata, and the revised sewer rates shall be applicable to the next billing cycle/period. Adjustedbills may be issued for past periods, but such adjustments will not be applied for a period of morethan two years unless the incorrect charges are shown by the Owner to be the fault of SewageCorp. If the charges are shown to be the fault of Sewage Corp, then past bills may be correctedfor up to six years.7.7 Sewage Corp may revise or amend rates and charges in accordance with the provisionsof the Transportation Corporations Law.

ARTICLE 8-SEWER WASTE RESTRICTIONS

Prohibited Discharges8.1B 8.1.1 No Person shall discharge or cause to be discharged any of the followingdescribed waters or wastes to the Sewer System:

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,solid, or gas.

B. Medical Waste or any other waters or wastes containing toxic or poisonous solids,liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure,pass through, or cause Interference, constitute a hazard to humans or animals, create a publicnuisance, or create any hazard in the receiving waters or the WWTP, including but not limited tocyanides in excess of 0.004 mg/1 as CN in the wastes as discharged to the Sewer System.

C. Wastewater sufficiently hot to cause the influent at the WWTP to exceed 104degrees (40 degrees C) or cause inhibition of biological activity in the WWTP.

D. Any waters or wastes having a pH lower than 6.0, or having other corrosiveproperty capable of causing damage or hazard to structures, equipment, and personnel of theSewer System.

E. Solid or viscous substances in quantities or of such size capable of causingobstruction to the flow in sewers or Interference, such as, but not limited to, ashes, cinders, sand,mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, wholeblood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc.,either whole or ground by garbage grinders.


Leaf 27 of 36May 12, 2008Issued:


Restrictions on Inflow8.28.2.1 New Inflow Sources Prohibited.No connection shall be made to a sanitary sewer that is intended to discharge inflow.

Such prohibited connections include, but are not limited to, footing drains, roof leaders, roofdrains, cellar drains, sump pumps, catch basins, uncontaminated cooling water discharges, orother sources of inflow.

8.2.2 No Re-connection of Inflow Source Allowed.Sewage Corp, without notice, may disconnect any property after any inflow source that

had been disconnected pursuant to this Article is reconnected.8.2.3 Charges for InflowThe Sewage Corp is enabled to take whatever action is necessary to determine the

amount of inflow including the requirement for installation of a control manhole. The propertyfrom which the inflow originated shall be billed for inflow according to the per gallon sewagerate set forth in this Tariff.8.3 Prohibited Connections

8.3.1 No privy vault, cesspool, sinkhole, septic tank, or similar receptacle at any timeshall be connected to a Sewer.8.4 Prohibited Discharges

8.4.1 No person shall discharge or cause to be discharged to the Sewer System anyunpolluted waters such as storm water, groundwater, roof runoff, subsurface drainage, coolingwater, or unpolluted process water without the prior written consent of Sewage Corp. Swimmingpool drains shall not be connected to any sanitary sewer.

8.4.2 Septic tank waste (septage) will not be discharged into the Sewer System.8.4.3 No person shall discharge or cause to be discharged the following described

substances, materials, waters, or wastes if it appears likely in the opinion of Sewage Corp thatsuch wastes (a) can harm the Sewers, the WWTP, sewage treatment process, or equipment; (b)can have an adverse effect on the receiving stream; (c) can otherwise endanger life, limb, orpublic property; or (d) constitute a nuisance. Sewage Coip may set limitations lower than thelimitations established in the regulations below if in its opinion such more severe limitations arenecessary to meet the above objectives. In forming such opinion as to the acceptability of thesewastes, Sewage Corp will give consideration to such factors as the quantities of subject wastes inrelation to flows and velocities in the Sewers, materials or construction of the Sewers, nature ofthe sewage treatment process, capacity of the WWTP, degree of treatability of wastes in theWWTP, and other pertinent factors. The substances prohibited are:

A. Wastewater containing more than 10 milligrams per liter of petroleum oil, non-biodegradable cutting oils, or product of mineral oil origin.

B. Wastewater containing more than 8 milligrams per liter of phosphorus.C. Wastewater from Industrial/Commercial Establishments containing Floatable

Oils.

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s Leaf 28 of 36May 12, 2008

Sagamor Sewer Corp.Rules and Regulations for Sewage Service Issued:

Effective: August 11, 20080 D. Chlorine.E. Any garbage that has not been properly shredded. The installation and operation

of any garbage grinder equipped with a motor of % horsepower (0.76 hp metric)or greater shall be subject to the review and approval of Sewage Corp.

F. Any waters or wastes containing strong acid, iron pickling wastes, orconcentrated plating solutions, whether neutralized or not.

G. Any waters or wastes containing heavy metals, solvents, and similarobjectionable or toxic substances to such degree that any such materialdischarged to the Sewer System exceeds the limits established by Sewage Corp,the NYSDEC, or the National Categorical Pretreatment Standards, aspromulgated by the U.S. Environmental Protection Agency for such materials.

H. Any waters or wastes containing phenols or other tastes or odor producingsubstances, in such concentrations exceeding limits, which may be establishedby Sewage Corp as necessary, after treatment of the composite sewage, to meetthe requirements of the State, Federal, or other public agencies of jurisdiction forsuch discharge to the receiving waters.

I. Any radioactive wastes or isotopes of such half-life or concentration as mayexceed limits established by the SPDES permit in compliance with applicableState or Federal regulations.

J. Any waters or wastes having pH in excess of 10.0.K. Material that exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limitedto, Fullers earth, lime slurries, and lime residues) or of dissolved solids(such as, but not limited to, sodium chloride and sodium sulfate).

2. Excessive discoloration (such as, but not limited to, dye wastes andvegetable tanning solutions).

3. Unusual BOD, chemical oxygen demand, or chlorine requirements in suchquantities as to constitute a significant load on the WWTP.

4. Unusual volume of flow or concentration of wastes or both constitutingslugs widely variant from the normal or average.

L. Waters or wastes containing substances that are not amenable to treatment orreduction by the sewage treatment processes employed, or are amenable totreatment only to such degree that the WWTP effluent cannot meet therequirements of other agencies having jurisdiction over discharge to thereceiving waters.

M. Any water or wastes that, by interaction with other water or wastes in the SewerSystem, release obnoxious gases, form suspended solids that interfere with thecollection system or create a condition deleterious to structures and treatmentprocesses,

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Leaf 29 of 36Sagamor Sewer Corp.Rules and Regulations for Sewage Servicea May 12, 2008Issued:


8.5 Sewage Corp’s Powers Regarding Abnormal Waste

If any waters or wastes are discharged, or are proposed to be discharged to the SewerSystem, which contain the substances or possess the characteristics enumerated in Section 7.4 ofthis Article; which in the judgment of Sewage Corp may have a deleterious effect upon theWWTP wastewater facilities, processes, equipment, or receiving waters; or which otherwisecreate a hazard to life or constitute a public nuisance, Sewage Corp may:

1. Reject the waste;2. Require pretreatment to an acceptable condition for discharge to the Sewer System;

3. Require control over the quantities and rates of discharge; and/or

4. Require payment to cover the added cost of handling and treating the wastes.

8.6 Commercial and Industrial Discharges. When Permitted

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I8.6.1 Grease, oil, and sand interceptors shall be provided by an Owner when, in the

opinion of Sewage Corp, they are necessary for the proper handling of liquid wastes containinggrease in excessive amounts or of any flammable wastes, sand, or other harmful ingredients.Such interceptors shall be of a type and capacity approved by Sewage Corp and shall be locatedas to be readily and easily acceptable for cleaning and inspection. In the maintaining of theseinterceptors, the Owner shall be responsible for the proper removal and disposal by appropriatemeans of the captured material and shall maintain records of the dates and means of the disposal,which are subject to review by Sewage Corp. Any removal and hauling of the collectedmaterials not performed by Owner’s personnel must be performed by currently licensed wastedisposal firms.

ai 8.6.2 All industrial waste shall be pretreated in accordance with federal and state

regulations and this Tariff to the extent required by applicable National Categorical PretreatmentStandards, state pretreatment standard, or standards established by Sewage Corp, whichever ismore stringent. Where preliminary treatment or flow-equalizing facilities are provided for anywaters or wastes, they shall be maintained continuously in satisfactory and effective operation bythe Owner at its expense.

a8.6.3 The Owner of any building serviced by a Building Sewer carrying industrial

wastes shall install a suitable control manhole together with such necessary meters and otherappurtenances in the Building Sewer to facilitate observation, sampling, and measurement of thewastes. Such manhole shall be accessible and safely located and shall be constructed inaccordance with plans approved by Sewage Corp and any regulatory agency with authority. Themanhole shall be installed by the Owner at its expense and shall be maintained by it so as to besafe and accessible at all times. The Owner shall perform such monitoring as Sewage Corp mayreasonably require including installation, use and maintenance of monitoring equipment, keepingrecords, and reporting the results of such monitoring to Sewage Corp. Such records shall bemade available upon request of Sewage Corp and any regulatory agency that may request saidrecords.

18.6.4 When required by Sewage Corp, as an alternative, Sewage Corp may require the

Owner of any property serviced by a Building Sewer carrying industrial wastes to install asuitable structure together with such necessary meters and other appurtenances in the Building



May 12, 2008

Sewer to facilitate observations, sampling, and measurement of the wastes. Such structure shallbe accessible and safely located and shall be constructed in accordance with plans approved bySewage Corp. The structure shall be installed by the Owner at its expense and shall bemaintained by it so as to be safe and accessible at all times.

8.6.5 All Industrial/Commercial Establishments discharging into the Sewer Systemshall perform such monitoring as Sewage Corp or duly authorized employees of Sewage Corpmay reasonably require including installation, use, and maintenance of monitoring equipment,keeping records, and reporting the results of such monitoring to Sewage Corp. Such recordsshall be made available upon request by Sewage Corp to other agencies having jurisdiction overdischarges to the receiving waters.

8.6.6 Each Owner contributing wastewater whose waste strength is greater thanNormal Sewage shall prepare and file with Sewage Corp a report that shall include pertinent datarelating to the wastewater characteristics, including the methods of sampling and measurement toobtain these data, and these data shall be used to calculate the sewer rate for that Owner. SewageCorp shall have the right to gain access to the waste stream and take its own samples, the cost ofwhich shall be borne by the Owner. Should Sewage Corp do so and should the results besubstantially different from the data submitted by the Owner, the sewer rate for that Owner shallbe revised for the next billing cycle/period to include the cost of analysis and any professionalcosts required by Sewage Corp to review said analysis.

8.6.7 For those Owners whose wastewater has a greater strength than Normal Sewage,a surcharge in addition to the normal sewer rate will be collected from the Owner. The surchargefor operation and maintenance including replacement shall be determined as operating costsbecome available and/or on an individual basis at the time of sewer connection application andwill be based on the approved rate set forth in the approved Tariff to treat a pound of BOD andSS. (See Appendix II for method of calculation.)

8.6.8 If any Owner (a) discharges any Toxic Pollutants (as defined in this Tariff), thatcause an increase in the cost of managing the effluent and the sludge from the WWTP, or (b)discharges any substance that singly or by interaction with other substances causes identifiableincreases in the cost of operation, maintenance, or replacement of the WWTP, then such Ownershall pay for such increased costs. The charge to each such Owner shall be as determined bySewage Corp’s appointed professional engineer.

8.6.9 All measurements, tests, and analyses of the characteristics of waters and wastesto which reference is made in this Tariff shall be determined by use of Standard Methods.Sampling methods, locations, times, durations, and frequencies are to be determined on anindividual basis subject to approval by Sewage Corp.

8.6.ION0 Owner shall meet the requirements of this Tariff by diluting wastes in lieu ofproper pretreatment.

8.6.11 If Sewage Corp permits the pretreatment or equalization of waste flows, thedesign and installation of the pretreatment facilities shall be subject to the review and approval ofSewage Corp, any regulatory agency with jurisdiction, and to the requirements of all applicablecodes, ordinances, and laws. Such facilities shall not be connected until said approval is obtainedin writing. Such approval shall not relieve the Owner of the responsibility of discharging treated

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Leaf 31 of 36Issued: May 12, 2008Effective: August 11, 20081

1 waste meeting the requirements of this Tariff. Plans and specifications for a proposedpretreatment facility shall be the result of the design of a professional engineer.

1 ARTICLE 9-VARIANCES9.1 Sewage Corp may allow reasonable variances from these rules and regulations that willnot result in a violation of State or Federal Law upon suitable conditions being satisfied,provided:

A. The Owner pays a variance fee equal to all costs to Sewage Corp for saidvariance;

B. The variance allowed shall be the least variance able to meet the requirements ofthe applicant;

C. The variance will not cause undue harm or inconvenience to Sewage Corp, theSewer System, or the Owner’s neighbors; and

D. The variance is justified by reasonable and necessary.9.2 The Owner shall apply for the variance in writing to Sewage Corp, The applicationshall identify the name and address of the Owner, the property in question, the specific variancesought by the Owner, and the justification for the variance. The variance fee, in an amountestimated by Sewer Corp to be necessary to review the variance application, shall be paid withthe application or the variance shall be deemed to have been denied. If the variance fee collectedis more than used by Sewer Corp, the overpayment will be refunded. If file variance feecollected is less than needed by Sewer Corp, the applicant will pay the balance. The variance asissued shall identify any changes, limitations, or restrictions placed on the proposed variance thathad been filed by the Owner.9.3 No statement contained in this article shall be construed as preventing any specialagreement or arrangement between Sewage Corp and any industrial concern whereby anindustrial waste of unusual strength or character may be accepted by Sewage Corp for treatment,provided that such agreements do not contravene any requirements of existing Federal or Statelaws, and/or regulations promulgated thereunder, are compatible with any sewer rate system ineffect, and do not waive applicable National Categorical Pretreatment Standards.

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ARTICLE 10-POWER TO INSPECT

10.1 Sewage Corp is permitted to inspect the buildings, facilities, and property of theOwners for compliance with this Tariff. Such entry includes, but is not limited to, reading andinspecting water or wastewater meters at any commercial property and entry into residentialhomes and apartments to count the number of bedrooms, plumbing fixtures, and bathrooms.10.2 Authorized agents of Sewage Corp bearing proper credentials and identification shallbe granted access to enter each Owner’s property for the purposes of inspection, observation,

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measurement, sampling, and testing pertinent to discharge to the Sewer System in accordancewith the provisions of this Tariff.10.3 Duly authorized agents of Sewage Corp are authorized to obtain informationconcerning industrial processes, number of plumbing connections, and bathrooms that have abearing on the kind and source of discharge to the Sewer System. An Owner may request thatthe information in question not be made available to the public if it can establish that revelationto the public might result in an advantage to competitors. Under any circumstance, theinformation in question shall be made available upon written request to governmental agenciesfor uses related to this Tariff, the SPDES permit, or the pretreatment program. The burden ofproof that information should be held confidential rests with the Owner.10.4 While performing necessary work on private properties referred to in this Tariff,authorized agents of Sewage Corp shall observe all safety rules established by Sewage Corp thatare applicable to such properties. The Owner of such property shall indemnify and hold SewageCorp and its employees, agents, and contractors harmless from and against any cost (including,without limitation, attorneys’ fees) for property damage and injury or death to Sewage Corp’semployees, and Sewage Corp shall indemnify the Owner against loss or damage to its propertyby Sewage Corp’s agents, and against liability claims and demands for personal injury orproperty damage asserted against such Owner and growing out of the gauging and samplingoperation, except as such may be caused by negligence or failure of such Owner to maintain safeworking conditions.10.5 Access to and Use of Easements

10.5.1Authorized agents of Sewage Corp bearing proper credentials and identificationare permitted to enter all private properties through which Sewage Corp holds an easement forthe purposes of, but not limited to, inspection, observation, measurement, sampling, repair, andmaintenance of any portion of the wastewater facilities lying within said easement.

10.5.2All entry and subsequent work, if any, on said easement, shall be done in fullaccordance with the terms of the easement pertaining to the private property involved.

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ARTICLE 11-VIOLATIONS AND PENALTIES

11.1 Any Person found to be violating any provision of this Tariff shall be served by SewageCorp with written or actual notice stating the nature of the violation and providing a reasonabletime limit for the satisfactory correction thereof. The offender shall, within the period of timestated in such notice, permanently cease all violations. After Notice to the Person dischargingwastewater to the Sewer System, in violation of this Tariff, Sewage Corp may, in addition to anyother remedies available to it, immediately halt or prevent such discharge if it (a) reasonablyappears to present an imminent endangerment to the health and welfare of any person, (b)presents, or may present, an endangerment to the environment, or (c) threatens to interfere withthe operation of the collection system or WWTP.11.2 Sewage Corp shall have the right to disconnect from the Sewer System any property ofan Owner found to be violating or failing to prevent a Person from violating any provisions of0

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May 12, 2008

I this Tariff. All costs associated with said disconnection shall be borne by the violator or theOwner, if the Owner had given the violator access to the property or had the opportunity toprevent the violation.11.3 If an investigation had been undertaken to determine the source of effluent that violatedthe Tariff, other applicable permit, rules and regulations, or statute, the Owner will pay the fullcost of the investigation, plus any and all fines and professional fees associated with theviolation.11.4 If an Owner fails to correct a violation of this Tariff within thirty (30) days afterSewage Corp sends it written notice of such violation, then the Owner will be charged a fee of$100.00 for each day (or portion thereof) thereafter that such violation continues. The charge perday represents the otherwise uncompensated costs incurred by Sewage Corp to manage thesituation or enforce the Tariff The aggregate fee(s) charged to a Person or Owner that is inviolation of this Tariff shall be in addition to Sewage Corp’s right to disconnect service to thepremises, correct or enjoin any violation of this Tariff, and charge all direct expenses forrepairing or rehabilitating the Sewer System and prosecuting and correcting the violation(s).11.5 Each Owner shall indemnify and hold harmless Sewage Corp and its employees,agents, and contractors from and against any and all direct or indirect loss, expense, cost(including, without limitation, any attorneys’ fees, disbursements, and court costs), and liabilityand claims relating to or arising from any violation of this Tariff by such Owner or such Owner’sagent, contractor, employee, tenant, or other occupant of such Owner’s property.

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D Leaf 34 of 36Issued: May 12, 2008Effective: August 11, 2008


APPENDIX ISEWER RATES AND CHARGES

Service Charge:Residential Customers: $626.50 per quarter plus surcharges, when applicable.

The rate will increase annually at the same rate as the CPI for Water and SewageMaintenance published by the U.S. Department of Labor, Bureau of Labor Statistics. See RateEscalator, next page.Terms of Payment:a

Customers will be billed quarterly. All bills will be rendered in advance and are dueand payable upon receipt.

Sewage Corp will assess a charge for processing all returned checks equal to the bankcharge plus a handling fee of $5.00 (not to exceed the maximum allowed by General ObligationsLaw §5-328).

Customer’s payments will be applied first to the oldest unpaid balance in the account.Late Payment Charge:

If a billed amount or any part thereof, including but not limited to late paymentcharges, remains unpaid for more than 30 days after the bill was mailed, the customer will alsobe required to pay a late payment charge. The late payment charge will be applied monthly at arate of 1.5 percent of the unpaid balance. The late payment charge will be applied from the dayof mailing and continue until the bill has been paid in full.Discontinuance of Service - Non-Pavment

If any billed amount remains unpaid for more than 30 days after the bill was mailed,then Sewage Corp shall have the right to discontinue sewer service to such delinquent property ifsuch past due amount (and any late charges) remain unpaid for more than twenty (20) days afterSewage Corp sends such Owner a written notice by First Class Mail stating that the payment ispast due and that service will be discontinued if payment is not made by a stated date. TheOwner will be charged the actual cost incurred by Sewage Corp with respect to the preparationand/or execution of disconnection and reconnection, including all legal and expert fees associatedwith the disconnection and reconnection of service. Payment in full for all charges must be madeto avoid disconnection of service or to have service resumed. Sewage Corp may waive thisprovision for good cause.

Receipt of a subsequently dishonored negotiable instrument in response to a notice ofdiscontinuance shall not constitute payment of the customer’s account, and Sewage Corp shallnot be required to issue an additional notice prior to discontinuance.

Sewage Corp may, at its sole discretion, disconnect service, as described above,institute legal proceedings to collect the unpaid balance, or implement these and any other legalor equitable remedies available to it, simultaneously or individually without prejudice to bringingthe other available actions and remedies at other times. The Owner will be responsible to pay allof the costs incurred by Sewage Corp including but not limited to attorneys’ fees,

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Leaf 35 of 36Issued: May 12, 2008Effective: August 11, 2008a Rate Escalator

On the anniversary date that the rate went into effect, Sewage Corp will calculate thepercent increase and apply that increase to the then-existing rates. The percent increase is basedupon the Consumer Price Index for Water and Sewage Maintenance, prepared and reported bythe U.S. Department of Labor, Bureau of Labor Statistics. The Consumer Price Index for Waterand Sewage Maintenance can be found at http://data.bls.gov/cgi-bin/srgate and generated byentering the Series ID: CUUROOOOSEHGO1.The percent increase is calculated as follows:1. Select “X” as the monthly index reported for the month that is three monthsbefore the anniversary of the then-current rate,2. Select “Y” as the monthly index reported for the month that is one year and threemonths before X.3. Calculate the percent increase as

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% Increase = (X-Y)/Y

Sewage Corp will keep a record of the computation of the annual increase; replace the rate pageof this Tariff with a new page showing the new rates; file a copy of the computation with theTown Clerk for its records, and notify its customers of the rate and the basis for the new rate inthe first bill being sent with the new rate. The new rate will become effective on the firstanniversary of the prior rate, and Sewage Corp may begin billing the new amount in the first billissued thereafter.B

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fa Sagamor Sewer Corp.Rules and Regulations for Sewage Service


May 12, 2008aAPPENDIX II -SURCHARGES

FORMULA FOR DETERMINING THE SURCHARGE FORTREATING EXCESS BIOCHEMICAL OXYGEN DEMAND tBODI

ai (Cl-150) X Q X 8.34 x SI

Cl = Concentration of BOD in milligrams/literQ = Total volume of wastewater processed during billing period in millions of gallons8.34 = Conversion of milligrams/liter to poundsSI = $2,847 per pound, as determined by Sewage Corp’s professional engineer.

FORMULA FOR DETERMINING THE SURCHARGE FORTREATING EXCESS AMOUNTS OF SUSPENDED SOUPS

(C2-250) X Q X 8.34 X S2C2- Concentration of suspended solids in milligrams/literQ = Total volume of waste water treated during the billing period in millions of gallons8.34 = Conversion of milligrams/liter to poundsS2 = $2,847 per pound of suspended solids, as determined by Sewage Corp’s professionalengineer.

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SURCHARGE FOR DETERMINING EXCESSVOLUME BY RESIDENTIAL CUSTOMERS

A surcharge will be applied to any residential account that, based upon the customer’swater use or measured effluent, produces more than 120% of the design flow for residentialproperty approved by Dutchess County Health Department. The surcharge will be applied aftera 30-day Notice. If the Owner has not cured this violation within 30 days of the mailing of theNotice, it will be surcharged $100 per day until the amount of effluent has been reduced to lessthan 120% of the County Health Department’s approved design flow for residential property.1

19

COMMUNICATIONSNOTICE OF PUBLIC HEARING

TAKE NOTICE, that the Town Board of the Town of LaGrange

will hold a public hearing at the Town Ha'll, 120 Stringham Road,

LaGrangeville, New York on March 24, 2010 at 7:30 o'clock, p.m.,

of the Year 2010, A LOCAL LAW OF THE TOWN OFon Local Law No.

LAGRANGE, DUTCHESS COUNTY, NEW YORK AMENDING SECTION 199-47,

INSPECTION OF IMPROVEMENTS, OF THE TOWN CODE TO ADJUST COSTS OF

INSPECTION.

TAKE FURTHER NOTICE, that copies of the aforesaid proposed

local law will be available for examination at the office of the

Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham

Road, LaGrangeville', New York between the hours of 8:30 a.m. and

4:00 p.m. on all business days, except Tuesdays when the hours

are 8:00 a.m. and 3:30 p.m., between the date of this notice and

the date of the public hearing.

TAKE FURTHER NOTICE, that all persons interested and

citizens shall have an opportunity to be heard on said proposal

at the time and place aforesaid.

LaGrangeville, New YorkFebruary 17, 2010

DATED:

MARGAREf SCHMITZDEPUTY TOWN CLERK

TOWN OF LAGRANGECHRISTINE O’REILLY-RAO

TOWN CLERK120 STRINGHAM ROAD

LAGRANGEVILLE, NY 12540845-452-1830 845-452-2289 FAX

February 18, 2010

NYS Department ofTransportationRegion 8

. Burnett BoulevardPoughkeepsie, NY 12603 Staatsburg, NY 12580

ClerkCity’of BeaconOne Municipal PlazaSuite OneBeacon, NY 12508

Dutchess County Dept, of NYS Dept ofTransportation

38 Dutchess Turnpike State CampusPoughkeepsie, NY 12603 120 Washington Avenue

Albany, NY 12232

Regional DirectorOffice of Parks

ClerkDutchess CountyLegislature22 Market StreetPoughkeepsie, NY 12601

and Historic PreservationTaconiC Region

Ms. Darlene BeilisClerkPutnam County Legislature Town Clerk, Town of40 Gleneida AvenueCarmel NY, 10512

Fishkill807 Route 52 '

Fishkill, NY 12524

. Town ClerkTown of WappingerPO Box 32420 Middlebush RoadWappinger Falls, NY 12590

Public Works

NYS Dept, ofEnvironmental Consv.Region 321 South Putt Comers RoadNew Paltz, NY 12561

ClerkOrange County Legislature Office255 Main StreetGoshen, NY 10924

State Historic Preservation

Empire State PlazaAlbany, NY 12228

Town ClerkTown of Newburgh1496 Route 300

•NeWburgh, NY 12550

Town ClerkTown of East Fishkill370 Route 376Hopewell Junction, NY12533

Village ClerkVillage of Fishkill91 Main StreetFishkill, NY 12524

Town ClerkTown of Philipstown238 Main StreetPO Box 155Cpld Spring, NY 10516

Town ClerkTowh of Pawling160 Charles ColemanBoulevardPawling, NY 12564

' t

Re: Town of LaGrange Proposed Local Law No. • of 2010.A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESSCOUNTY, NEW YORK, AMENDING SECTION 199-47,INSPECTION OF IMPROVEMENTS, OF THE TOWN CODETO ADJUST COSTS OF INSPECTION.

Dear Sir or Madam:

Enclosed please find a notice of public hearing in regard to the above-captioned Town of LaGrange proposed Local Law No. of 2010.

Very truly yours,TOWN OF LAGRANGE

MARGARET SCHMITZ, ~DEPUTY TOWN CLERK

Enclosure

cc: Ronald C. Blass, Esq., Van De Water & Van De Water

02/ 18 / 2010 12 : 28 FAX 8452250715 @ 001/003PUTNAM CNTV LEGISLATURE

THE PUTNAM COUNTY LEG1SLATUTQDMMUNICATIONS40. Gleneida Avenue :

: CanheL New York 10512(545) 225-364-1 Fax' (845)225-0715 ,

•.. Vincent M, Taratigria ' Disk. •1-" $am Oliyedo,jr.. - " ” "Dist- 2- ,

. RichatdT. OthmMjf. ; bisf. 3 '

Mar)-?. Conklin • Dist .4 "

Mary Ellen Odell . DiH- 5-Tony Hay • ' Dist. 6Daniel G. Birmingham Dist 7.

' Dial LdBue .Anthony S, Fusco II

: Vincent M ,T.maqp& -Chaimow : .: ..MACy Ellen Odell Deputy ChairM. Chris Mttrrone CUrkClement Van Ross Cnunst!

D»t -8 "D«. ? • -

; \February 1$, 20.10

Dutchess County LegislatureVia fax #845-486-2113

REr RESOLUTION #47 of 2010 '

Attached piease find a copy of the resolution referenced above, passed*? the RegularMeeting of the Putnam County Legislature, which was held on Tuesday, February 2,

If you have any questions regarding the above, please feel free to call me." ' ’ • " . ' v'. '

• •'

'• Sincerely,

g

M, Chris MarroneLegislative Clerk

MCM/ds.. Attachment

*A *

11 002/003PUTNAH CNTV LEGISLATURE02/ 18/ 2010 12 : 29 FAX 3452250715

PUTNAM. COUNTY LEGISLATURE

Resolution #47Introduced by Legislator; Tony Hay on behalf of the Audit & AdministrationCommittee at a Regular Meeting held on February 2, 2010.

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APPROVAL/MEMQRIALIZATION/REQUESTING NEW YORK STATELEGISLATURE ENACT LEGISLATION REQUIRING THE METROPOLITANTRANSPORTATION AUTHORITY TO UTILIZE RECENT WINDFALL FUNDSFROM FEDERAL STIMULUS ACT TO ELIMINATE “MOBILITY PAYROLLTAX” ON DUTCHESS, ORANGE, PUTNAM & ROCKLAND COUNTIES'EMPLOYERS

WHEREAS, the United States government passed legislation thatwould allow the Metropolitan Transportation Authority to utilize ten percent of their Federal Stimulus Aid funds for operating expenses to preventservice cuts and lay-offs; and

WHEREAS, this Federal Stimulus Act’s funding authorized for useby the Metropolitan Transportation Authority is currently 1.22 billiondollars in federal Transportation aid; and

WHEREAS, die amount of dollars that now can be sued for theMetropolitan Transportation Authority for non-capital projects (operatingexpenses) would compute to 122 million dollars; and

WHEREAS, it has been estimated that the Mobility Tax will coat the“four quarter pounder” members, Dutchess, Orange, Putnam andRockland Counties, employers an estimated 70 million dollars. Therefore,due to the lack of full representation by the four northern counties of theMTA and the substantial adverse impact on jobs, cutbacks, lay-offs andviability of businesses in those counties because of the Mobility Tax, It Ismost desirable and highly equitable for the State Legislature to mandatethat the Metropolitan Transportation Authority must use the 10 percent ofthe Federal Stimulus money to eliminate the Mobility Tax on Dutchess,Orange, Putnam and Rockland Counties; and

Vote:State Of New York

9s:

County of Putnam

I hereby certify that the above is a true and exact copy of aresolution passed by the Putnam County Legislature while in session on February2, 2010

Signed;

M. Chris MarroneClerk Of The Legislature Of Putnam County

@ 003 / 003PUTNAM CNTY LEQISLATURE02/ 19 / 2010 1 2 2 9 FAX 8452250715

PUTNAM COUNTY LEGISLATURE

Resolution #47Introduced by Legislator; Tony Hay on behalf of the Audit & AdministrationCommittee at a Regular Meeting held on February 2, 2010,

page 2WHEREAS, the only justification for the Mobility Tax was the

alleged lack of funding available from other sources that allegedlyjustified the imposition of a Mobility Tax, it is therefore essential that theauthorization from the Federal government to use 10 percent of theStimulus funds for non-capital projects be followed and that the Stateeliminate the Mobility Tax on the four counties stated above; nowtherefore be it

RESOLVED, that the Legislature of Putnam County hereby requeststhat the New York State Legislature to enact legislation requiring theMetropolitan Transportation Authority to utilize recent windfall of fundsmade available to the agency through federal legislation (Stimulus Act)and use same to eliminate the recently enacted “Mobility Payroll Tax” onDutchess, Orange, Putnam and Rockland counties' employers; and be itfurther

RESOLVED, that the Clerk of the Legislature is hereby authorizedand directed to send a certified copy of this resolution to Governor DavidPaterson, New York State Senator Vincent Leibell, New York StateAssemblywoman Sandra Galef, New York State Assemblyman Greg Ball,the President Pro Term of the New York State Senate, the Speaker of theNew York State Assembly and the Legislative Chairs of Dutchess, Orangeand Rockland Counties.BY POLL VOTE; ALL AYES. CARRIED UNANIMOUSLY.

Vote:'-.- State Of New York

Comity Putnam

ss:

1 hereby certify that the above is a true and exact copy of aresolution passed by the Putnam County Legislature while in session on February2, 2010

Dated: February 4. 2010Signed: f (jCifr ^

M.Chris MftrrpneClerk Of The Legislature Of Putnam County

0 OO 1 /OO 4PUTNAM CNTV LEGISLATURE02/ 19 / 2010 1 6 0 3 FAX 3452250715

THE PUTNAM ; COUNTY LEGISLATURE40 Gleneida Avenue

. Carmel, New York .10512 '

Pax.:(845> 225-0715 COMMUNICATIONS(845) 225-3641

, ; Vi^ceiirMi Tairngm Dist l.. . SajJi Oliweiio,Ji.'

KichaidT. OithmetJir. “ Mst- 3. Disc. 4Eristr 5

' Dist.;; ,6

Disc. 2 :;• Viriccjit M. TiftTAgtlSS,; C}>airman • ; .'

MaiyElleu.Q<Ml : ,

: M. Chat.MaxionelCUrk.Clement Van .Ross Cthnstl ..

Mar^ Fv CbnkJin• Mary Ellen Odell’ Tony Hay

, Daniel G. BttToiogham 1 Dist:Daw LoBue ,: Diat.. 8

: ArithoJi'y S. Fusco II . " Dist.r V

i >

February 19, .2010

Dutchess County Legislature VVia fax #845486-2113

RET RESOLUTION #49 of 2010

Attached please find a copy of the resolution referenced above, passed at the Regular 1Meeting of the Putnam County Logislature, which was heTd::oh'TLiekiay;fFebruary 2:/ ;

If you have any questions regarding the above, please feel.free to call me. 1

Sincerely;-; " ' _ . • . '*

M, Chris MarroneLegislative Clerk

MCM/eteAttachment : :

@ 002 /00d02/ 1S / 2010 1 6 0 4 FAX 8452250715 PUTNAM CNTV LE 3ISLATURE


Resolution #49Introduced by Legislator; Vincent M. Tamagna at a Regular Meeting held on February'2,2010.Seconded by Legislator: Dini LoBue.

page lAPPROVAL/SUPPORT FOR THE HUDSON RIVER VALLEY SPECIALRESOURE STUDY ACT

WHEREAS, the Hudson River Valley possesses important andunique cultural, historical, natural, recreational and scenic resources thathave boon central to the development and sustainment of our nation; andWHEREAS, the Hudson River Valley encompasses a rich array ofsensitive natural resources ranging from the River itself and its vastestuarine district, to its wetlands, refuges, parks, forests, farmlands,preserves, cliffs, mountains and valleys; andWHEREAS, the Hudson River and its tributaries are home to anumber of rare and threatened animal species, habitats and plants; andWHEREAS, the Hudson River Valley la home to myriad biking,heritage, pedestrian and scenic trait systems on the eastern and westernsides of the River that are now connected by the Walkway Over theHudson bridge which has been designated a National Recreation Trail;WHEREAS, throughout history, the Hudson River Valley has playeda central role In the development of our nation, starting from the vibrantNative American communities that first inhabited the land, to HenryHudson’s voyage up the River later named for him in the vessel Half Moonin 1609 and later with the American Revolution, the debate on ourConstitution, the first successful steamboat voyage by Robert Fulton in1807, the Industrial Revolution, and the modem labor and environmentalmovements; andWHEREAS, the Hudson River Valley gave birth to importantmovements in American art, architecture and literature through the works


and

ss:

County of Putnam

I hereby certify that the above is a true and exact copy of aresolution passed by the Putnam County Legislature while in session on February2, 2010Dated: February 4. 2010

Signed: _

M, Chrl* MarrontClerk Of The Legislature Of Putnsun County

PUTNAM CNTV LEGISLATURE ® 003/ 00402/19 / 2010 1 6 0 4 FAX 8452250715


Resolution #49Introduced by Legislator: Vincent M, Tamagna at a Regular Meeting held on February2, 2010.Seconded by Legislator: Dini LoBue.

page 2of Andrew Jackson Downing, Alexander Jackson Davis, Thomas Cede,Frederick Church and their associates from the Hudson River School ofArt, as well as though authors such as Washington Irving, JamesFenimore Cooper, William Cullen Bryant, Susan and Anna Warner andJohn Burroughs; and

WHEREAS, the depictions and descriptions of the Hudson RiverValley’s renowned scenery and natural resources played a central role inthe recognition of the value of the landscape and the development of theAmerican esthetic and environmental ideal; and

WHEREAS, a 1996 National Park Service study called the HudsonRivet Valley “the landscape that defined America”; and

WHEREAS, the Hudson River Valiey has been the subject ofmultiple State and Federal inventories, studied and plans that shouldgreatly assist a National Park Service Special Resource Study; nowtherefore be it

RESOLVED, that the Putnam County Legislature hereby supportsfederal funding for the Secretary of the Interior to complete a study of theHudson River Valley in the State of New York to evaluate the nationalsignificance of the area and the suitability and feasibility of designatingthe area as a unit of the National Park System; and be it further

RESOLVED, that In conducting the study, the Secretary of theInterior shall use the criteria for the study of areas for potential inclusionin the National Park System included in section 8 of Public law 91-383, asamended by section 303 of the National Parks Omnibus Management Actof 1998, closely examine park unit models, in particular river andrecreation areas, as well as other landscape protection models thatencompass large areas of non-Federal lands within their designatedboundaries and foster public and private collaborative arrangements for


»!

County of Putnam

Ihereby certify that the above is a true and exact copy of aresolution passed by the Putnam County Legislature while in session on February2,2010

Dated: February 4. 2010Signed:

M.ChrU MarrowClerk Of The Legislature OF Putnam County

@ 004 ,-' 004PUTHAM CNTY LEGISLATURE02/ 18/ 2010 18 : 05 FAX 8452250715


Resolution #49Introduced by Legislator; Vincent M, Tamagna at a Regular Meeting held on February2, 2010.Seconded by Legislator; Dini LoBue.

page 3achieving National Park Service objective and protect and respect therights of private land owners; and be it further

RESOLVED, that copies of this resolution be sent to SenatorSchumer, Senator Gillibrand and Congressman Hail.

BY POLL VOTE; ALL AYES. CARRIED UNANIMOUSLY.

Vote; .Stats Ot-New York

si:

'County of Putnam

I hereby certify that the above is a true and exact copy of aresolution passed by the Putnam County Legislature while in session on February2, 2010

Signed;*?>t. "??/ HAAJmJL,

M. Chris Mar-ron#Clerk Of The Legislature Of Putnam County

COMMUNICATIONS

TOWN OF PAWLING CATHERINE GIORDANOTOWN CLERK

[email protected]/ie Oride of tfie JiarfemUaffeyp

TOWN HALL160 Charles Colman Blvd.

Pawling, NewYork 12564Tel. (845) 855-5040 Fax (845) 855-0179

CHERYL KNOWLESDEPUTY TOWN CLERK

[email protected]

DATE: MARCH 11, 2010

TO: DUTCHESS COUNTY BOARD OF LEGISLATORSDUTCHESS COUNTY DEPARTMENT OF PLANNINGDUTCHESS COUNTY DEPARTMENT OF PUBLIC WORKSNYS DEPARTMENT OF TRANSPORTATIONPUTNAM COUNTY BOARD OF LEGISLATORSPUTNAM COUNTY PLANNING DEPARTMENTTOWN OF BEEKMANTOWN OF DOVERTOWN OF EAST FISHKILLTOWN OF KENTTOWN OF PATTERSONTOWN OF SHERMANVILLAGE OF PAWLINGTOWN OF PAWLING PLANNING BOARD

THE TOWN BOARD OF THE TOWN OF PAWLING, DUTCHESS COUNTY, NEWYORK WILL CONDUCT A PUBLIC HEARING AT THE HOLMES WHALEY LAKECIVIC ASSOCIATION BUILDING, 245 ROUTE 292, HOLMES, NEW YORK ASFOLLOWS:

DATE: APRIL 14, 2010

TIME: 7:30 PM

TO CONSIDER THE ADOPTION OF PROPOSED LOCAL LAW NO.1 OF 2010.A PROPOSED LOCAL LAW ENTITLED “PARKING REGULATIONS FORTHE TOWN PARKING LOTS”.A COPY OF THE PROPOSED LOCAL LAW IS ATTACHED HERETO.

VERY TRULY YOUR!/ •

CATHERINE GIORDANOTOWN CLERK

I J»» Co./Depl.

^ Fax #

j DateFrom

| Phone #

j.# pg?Dutchess County Department ofPlanning and Development

Zoning ReferralMunicipality: Town of Pawling

Referring Agency:£ Town Board$ Tax Parcel Numbers):^5 Project Name: Proposed Local Law #1 Entitled ’’Parking Regulations tor

Town Parking Lota”cApplicant:'5

£ Address of Property:S'a£

Type of Action:XgjXfocal Law / Text Amendment

RezoningSite PlanSpecial PermitUse Variance

O Area VarianceOther:.

Jurisdictional Determinant:State RoadCounty RoadState PropertyCounty PropertyMunicipal BoundaryAgricultural District

•a

5o15fi.5

JSa.

Date Response Requested (if less than 30 days):

If subject of a previous referral, please note County referral numbers):

FOR COUNTY OFFICE USE ONLY "

Response from Dutchess County Department of Planning and Development

No Comments:Matter of Local ConcernNo JurisdictionNo AuthorityProject Withdrawn

Comments Attached:Local Concern with CommentsConditionalDenialIncomplete — municipality must resubmit to CountyIncomplete with Comments — municipality must resubmit to County

Date of Submittal: Notes: ArchiveDiscard after 2 yrsDiscard after 7 yrs

Major ProjectDate Submittal Received:

Date Report Requested:Referral #:Date Report Required:

Date of TransmittalRpvj'pwprfavarl* mnllrt /'l'

Town of PawlingProposed Local Law No. 1 Of 2010

A Proposed Local Law to Amend the Code of the Town of Pawling to Add a NewChapter 46 to Be Entitled

“Parking Regulations for the Town Parking Lots”

46-1 Legislative Intent

The Town Board of the Town of Pawling has determined that there are occasions wherevehicles have been parked in parking lots at Town Facilities parking lots for periods oftime when the driver or owner of said vehicle is not participating in activities of theTown. Based upon those legislative findings and determinations, the Town Board enactsthis chapter.

46-2 Definitions

As used in this chapter, the following terms shall have the Meaning indicated:

Town-The Town of Pawling, Dutchess County, New YorkTown Board-The Town Board of the Town of Pawling, Dutchess County, New YorkFacilities - Any property owned or operated by the Town of Pawling

46 -3 Parking Restrictions

No motor vehicle shall be parked at any and all Town owned / operated facilities unlessthe driver and or the passengers are at a town facility to participate in an official Townactivity. Official Town activities shall include but are not limited to any and all activitiestaking place either within the Town Hall or at the recreation building adjacent to TownHall: meetings of all official boards or bodies of the Town of Pawling or any othermeeting held at Town Hall with permission of the Town Board; attendance at Town ofPawling Justice Court; meeting with any government agency; or use of the townrecreation building adjacent to Town Hall.

46 - 4 Penalties for Offenses

1) Any person parking or allowing any motor vehicle, bus, trailer or any otherobstruction, occupied or unoccupied, in violation of this chapter shall be subjectto a fine of $50.00 for the first offense, $100.00 for the second and subsequentoffenses within a one year period in violation thereof.

2) Any person parking or allowing any motor vehicle, bus, trailer or any otherobstruction to be parked for a period of 24 hours or more which obstructs for anyperiod of time the removal of snow from said parking lots or driveway thereofshall be subject to having said motor vehicle, bus, truck, trailer or any otherobstruction removed and impounded, at the owners expense, and the same shallnot be released to said person until the payment by said person has signed arelease releasing said Town, its agents and employees of any and all liability forremoval, impounding and damage to said motor vehicle, bus, truck, trailer or anyother obstruction.

3) For the purpose of this chapter, if the person parking the subjects motor vehicle,bus, truck, trailer or any other obstruction cannot be located, the registered ownerof said motor vehicle, bus, truck, trailer or any other obstruction, shall be deemedto have allowed said motor vehicle, bus, truck, trailer or any other obstruction, tobe parked in violation of this Chapter.

46-5 Enforcement

The enforcement of this Chapter shall be administered by the Town of PawlingConstables or by any Police agency having the authority to issue a summons, and thesame are hereby authorized to issue appropriate tickets and have removed and impoundedthe motor vehicle, bus, truck, trailer or any other obstruction as necessary.

COMMUNICATIONTHOMAS P. DiNAPOLISTATE COMPTROLLER

BIERMANGENERAL COUNSEL

HELEN M. FANSHAWEDEPUTY COUNSEL

STATE OF NEW YORKOFFICE OF THE STATE COMPTROLLER

HO STATE STREETALBANY, NEW YORK 12236

February 9, 2010

Patricia HohmannClerk of the County LegislatureCounty of Dutchess22 Market St.Poughkeepsie, NY 12601

Re: Town of East Fishkill;Establishment ofSagamore SewerDistrictFile No. 2009-72

Deal- Ms. Hohmann:

The duplicate copy of the application of the Town Board referred to above ishereby filed in your office pursuant to Town Law §209-f(3)(b).

Kindly sign, date and return the copy of this letter as a receipt in the enclosedenvelope.

Very truly yours,

Mitchell S. MorrisAssociate Counsel

MSM:EMM:jawEnclosure(518) 486-1127cc: Thomas E. Meyers, Esq.

day ofFiled:

L niOl DPt-JOCcr

1075 Route 82, Suite 4Hopewell Junction, New York 12533

Phone 845-227-8678 / Fax 845-227-6154/1 / Buffalo

Great NeckHopewell Junction

New York CityElmiraV i .

CapitalMarketsAdvisors.LLC

February 8, 2010

Honorable John HickmanSupervisorTown of East Fishkill330 Route 376Hopewell Junction, NY 12533

FEB Of) m)

LEG^tfes. j

Dear Supervisor Hickman:

In our capacity as financial advisor to the Town of East Fishkill (the “Town”), we areresponding to your request for information relative to capital financing for the proposedSagamore Sewer District. It is our understanding that the Town proposes to issue serialbonds for a period of 30 years to fund said project.

Based on current market conditions, the sale of the Town’s Series 2009 C bonds that wereissued for 30 years and the Town’s current “Aa3” bond rating, it is our professional opinionthat the Town should be able to issue 30-year serial bonds at an interest rate not exceeding4.50%.

Should you have any questions or require additional information, please do not hesitate tocontact me.

Sincerely,

Beth A. FergusonBAF:jm

AN APPLICATION OF THE TOWN OFEAST FISHKILL

FOR PERMISSION OF THE STATE COMPTROLLER

TO ESTABLISH SAGAMOR SEWER DISTRICT

IN THE

TOWN OF EAST FISHKILL, DUTCHESS COUNTY, NEW YORK

PURSUANT TO SECTION 209-FOF THE TOWN LAW

TO THE COMPTROLLER OF THE STATE OF NEW YORK

State Department of Audit and Control110 State StreetAlbany, New York 12236

Sir:

The petition of the Town Board of the Town of East Fishkill, County of Dutchess, State of NewYork for permission to establish Sagamor Sewer District in said Town, pursuant to Section 209-fof the Town Law, respectfully shows:

(a) Documents and information required to be included by the provisions of Town Lawpursuant to which this Application is being made:

— Notice of Hearing (Attachment #1).

— Public Interest Resolution, including affidavits of publication of posting andpublication (Attachment #2).-- Determinations Resolution Approving the Application (Attachment #3).

The proposed District is being formed to continue to provide sewer service to abenefitted area and consists of such improvements existing and planned, as more fully setforth in the map, plan and report All work has been designed by a currently licensed NewYork State Professional Engineer.

(b)

(c) The maximum cost of the proposed District is $1,400,000.

OHS East:160587443(1)

In considering its determination that the proposed District in the public interest, the TownBoard considered the following factors, demonstrating that the proposed District isnecessary, convenient and desirable:

(d)

The residents of the District requested formation of the District a result of increased sewer ratesbeing charged by the current owner of the system, Sagamor Sewer Corp. The Town willpurchase the system from the current owner and make minor improvements thereto. Bytransferring the system the District residents will save on annual sewer bills.As a result of the foregoing, the Town Board of the Town of East Fishkill has concluded that theestablishment of Sagamor Sewer District will be in the public interest; will benefit all propertieslocated within the District; and that no property benefited by the District has been excluded fromthe District.

(e) The proposed method of financing the cost of the District shall be through the issuance ofTown obligations payable over 30 years at an anticipated interest rate of 4.5%.

This proposed financing is deemed reasonable under current market conditions.(f) The estimated cost of operating and maintaining the proposed improvements is

approximately $132,766 per year as more fully set forth in the map and plan.(g) Debt Service for the proposed serial bonds shall be raised through assessments levied and

collected from the several lots and parcels within the District based upon a benefitformula.

GO The aggregate assessed valuation of the taxable property within the District as shown onthe latest completed assessment roll of said Town is $64,202,000.00.This application for permission to establish a sewer District is not being made underSection 54 or 209-q of Town Law.This application is not made pursuant to section 258, 268, 269, 280-i, 280-t, 299-0 or299-r of the County Law nor is it proposed to establish two or more zones of assessmentwithin a county District.

(i)

G)

(k) The average full valuation of the taxable real property of the Town of East Fishkill,computed pursuant to the first paragraph of subdivision seven-a of section 2.00 of theLocal Finance Law is $3,592,091,030.00.

(l) For the list of outstanding indebtedness of the Town see Exhibit A attached hereto.(m) (see Exhibit A attached)

(n) The Town has not completed a debt statement in lieu of the statements required under (1)and (m).

OHS East!160587443(1)

(o) The current (2009) tax rates and assessments applicable to the taxable real property whichwill bear the cost of the proposed improvements are (per $1,000 of assessed valuation):

(1) Dutchess County: $2.54

(2) Town, including highway:$2.03

(3) School: $10.02

(4) Fire: $ .53

(5) Water: $ 0

The assessed valuation of a “typical property” in the proposed Sewer District as definedin the Town Law is $550,000.00.

(P)

It is estimated that the owners of a typical property in the proposed District will berequired to pay the total shown below in the first year following approval of theApplication (calculated as set forth below):

(q)

Debt Service: $722.25

$1.115.68O&M:

$1,837.93Total:

The maximum amount of any real property owner will be required to pay in the first yearfollowing approval of this application, if granted (calculated as set forth below), is asfollows:

(r)

Debt Service: $2,889.00

$4.462.72O&M:

$7,351.72Total:

(s) The area which will bear the cost of the proposed District improvements contains no statelands.

(t) No part of the area which will bear the cost of the proposed District is wholly or partiallywithin an existing or proposed agricultural District.

OHS East:160587443(1)

The population of the proposed District is approximately 340. The assessed valuation ofa typical one or two family home in the proposed District is the same as for the “typicalproperty”. The proposed District consists entirely of residential areas except for a Sportand Fitness Center.

(u)

(v) There are no parcels of vacant land within the proposed District.(w) It is contemplated that sewer service may be sold to users outside the proposed District.

Owners of a mobile home park may decide to connect to the District system;

(x) There are no orders issued by a State or Federal agency or court relating to the proposedDistrict.

(y) Due to the limited number of property owners involved with this District, the Town hasconducted a number of formal and informal meetings and discussions with the interestedparties concerning the improvements proposed.

(z) The Town of East Fisbkill has received no written objections from any of the owners ofthe real property that will bear the cost of creating the District.

OHS East:160587443(1)

VERIFICATION

STATE OF NEW YORK )) ss.:

COUNTY OF DUTCHESS )

I, JOHN HICKMAN being duly sworn, deposes and says that he is the Supervisor of the

Town of East Fishkill, Dutchess County, New York, the corporation named in the within entitled

action; that he has read the foregoing application and knows the content thereof; and that the

same is true to his own knowledge, except as to the matters therein stated to be alleged upon

information and belief, and as to those matters he believes it to be true.O

7 SupervisorTown of East Fishkill

Sworn to before me thisX I day of August, 20^9.

THOMAS F. WOODNotary Public. Slate of New York

No. 02W04684926Qualified in Dutchess County

Commission Expires May 31, 1986l o\ b

OHS East:160587443(1)

APPENDIXLIST OF ATTACHMENTS

#1. Notice of Hearing#2. Resolution approving the formation of the District#3 Determinations Resolution Approving the Application

(Certified Copy).#4. Bond Counsel Opinion.Exhibit A

OHS East:160587443(1)

TOWN OF EAST FISHKLLDEBT SCHEDULE

BONDSYEAR ORIGINALENDING AMOUNT

INT BalanceRATE 12/31/2008

ISSUEFUND DATEPURPOSE

8/2/20017/15/1999 20097/29/19993/15/20048/15/2003 20188/15/2003 20188/15/2003 20186/21/2006 20218/15/2003 20185/13/2005 201012/1/2005 202012/1/2005 20207/24/2008 20389/8/1994 2014

280000 5.21528,800 4.45925,000 3.83525,000 2.31104,400 3.35115,550 3.35

1,188,000 3.35250,000 4.61225,900 3.35700,000

2,000,000 3.95140,000 3.95

10,000,000 4.46143,700

8400053,000

540,000105,00070,29077,880

799,810216,800152,020280,000

1,579,439110,561

10,000,00043,110

1 LSWIT WATER SW42 JT.LANDFILL3 HAMLET WTR4 HWY TRUCKS5 HAMLET 2 CAP SW5A6 REVERE CAP7 BTVW CAP8 BTVW CAP9 LSWIT CAP

10 TOWNWIDEREVAL A11 ROADS/EQUIPT DA12 LITTLESWIT WTRTK SW413 HAMLET SEWER G114 ACQTAC WTR

W-628TOTAL

2011ASW5 2019

2009DA

SW1SW6SW6SW4

3.1

SW3 6

17,126,350 14,111,910

BANSBalanceBAN

8/7/2006 20067/26/2007 20075/15/2008 20084/14/2009 20095/18/2006 20065/17/2007 20075/15/2008 20094/14/2009 2009

1 HAMLET SEWER G1HAMLET SEWER G1HAMLET SEWER G1HAMLET SEWER G1

2 HOSNER MT LNDFL AHOSNER MT LNDFL AHOSNER MT LNDFL AHOSNER MT LNDFL A

6,500,000 4.56,375,000 3.644,000,000 2.754,000,000 1.9

500,000 3.12400,000 3.63300,000 2.75200,000 1.9

6,436,0006,375,0004,000,0004,000,000

500,000400,000300,000

0

GENERAL FUNDTOTAL DEBT

12/31/2009BALANCE

BONDSBANS

140,000200,000

HIGHWAY FUNDTOTAL DEBT

12/31/2009BALANCE1,439,252BONDS

BANS 0

RESOLUTION-96/Q9

(AUTHORIZING APPLICATION TO THESTATE COMPTROLLER WITH RESPECT

TO SAGAMOR SEWER DISTRICT)

WHEREAS, the Town Board has previously proposed establishing the SagamorSewer District; and

WHEREAS, the time period for permissive referendum has expired; and

WHEREAS, it is necessary to file an application with the New York StateComptroller for approval to establish the Sagamor Sewer District because borrowing willbe required; and

WHEREAS, the Town's bond counsel has prepared said application inaccordance with the terms and conditions of the map plan and report prepared for theTown Board; and

WHEREAS, it is necessary for the Supervisor to execute said application;

NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and hereby isauthorized to execute an application for approval of the Sagamor Sewer District fromthe State Comptroller as prepared by the Town's bond counsel.

BY ORDER OF THE TOWN BOARDCAROL HURRAY, TOWN CLERK

DATED; JULY 9, 2009EAST FISHKILL, NY

I, Carol A. Hurray, Town Clerk of the Town of East Fishkill, hereby certify the foregoing to be a true andcorrect copy of a Town Board Resolution record on file in my office, Town of East Fishkill. Dated this day12 of Auaust 2009

RESOLUTION DATED JULY 9, 2009

A RESOLUTION APPROVING APPLICATION TO THE STATECOMPTROLLER’S OFFICE IN CONNECTION WITH THEESTABLISHMENT OF SAGAMOR SEWER DISTRICT,

WHEREAS, after all proceedings were duly had and taken the Town Board of the Town

of East Fishkill, Dutchess County, New York, has duly approved the establishment of Sagamor

Sewer District and the improvements proposed therefor subject to State Comptroller’s approval;

NOW, THEREFORE, BE IT

RESOLVED, by the Town Board of the Town of East Fishkill, Dutchess County, New

York, as follows:

The application to the State Comptroller’s office attached hereto as

Exhibit A has been prepared at the direction of the Town Board and the Board believes the

contents of the application to be accurate.

Section 1

Section 2, The Town Board has determined that the improvements for the proposed

District is in the public interest and will not constitute an undue burden on the property which

will bear the cost thereof and that all real property to be so assessed will be benefited by the

proposed improvements and no benefited property has been excluded from the boundaries of the

District.

Section 3. This resolution takes effect immediately.

OHS East:160606900.1

The Local Finance Law also provides an estoppel procedure whereby a bond resolution is published. Except on rareoccasions the Town complies with this estoppel procedure. It is a procedure that is recommended by Bond Counsel,but it is not an absolute legal requirement. The Town is in compliance with such procedures in connection with theBonds.Each bond resolution usually authorizes the construction, acquisition or installation of the object or purpose to befinanced, sets forth the plan of financing and specifies the maximum maturity of the bonds subject to the legal(Constitution, Local Finance Law and case law) restrictions relating to the period of probable usefulness withrespect thereto. The Town has authorized bonds for a variety of Town objects or purposes.

Statutory law in New' York permits bond anticipation notes to be renewed each year provided annual principalinstallments are made in reduction of the total amount of such notes outstanding, commencing no later than twoyears from the date of the first of such notes, and provided that such renewals do not extend five years beyond theoriginal date or borrowing (Sec “Payment and Maturity” under “Constitutional Requirements” herein).In general, the Local Finance Law contains provisions providing the Town with power to issue certain other short-term general obligation indebtedness including revenue and tax anticipation notes and budget notes.

CONSTITUTIONAL DEBT LIMIT

Pursuant to Article VIII of the New’ York State Constitution, the debt limit of the Town is as follows:

TABLE 9

COMPUTATION OF DEBT CONTRACTING LIMITATIONAS OF OCTOBER 16, 2009

AssessmentRoll

Completed in

For FiscalYear EndedDecember 31

TaxableAssessed

ValuationEqualization

Rate (a)Full

Valuation

$ 3,817,512,2524,238,349,7874,735,284,6944,487,830,2784,116,800,487

2006 $ 401,602,289419,596,629

4,735,284,694 (b)4,487,830,2784,116,800,487

10.52%20052006 9.902007

100.00100.00100.00

2007 20082008 20092009 2010

Total Five-Year Full Valuation 21,395,777,498

4,279,155,500Average Five-Year Full Valuation

Debt Limit - 7% of Average Full Valuation $ 299,540,884

0») ORPS.Revaluation to full value assessment.(b)

A-7

TABLE 10

STATEMEN!' OF DEBT CONTRACTING POWERAS OF OCTOBER 16, 2009

AmountPrior to

Issuance ofthe Bonds Percentage

$299,540,884 100.00%Debt Limit:

Gross Indebtedness:Serial BondsBond Anticipation Notes

4.6313,872,1254,200,000 1.40

18,072,125 6.03Total Gross Indebtedness

Less Exclusions:Water DebtBudgetary Appropriations

0.561,687,485140,187 0.05

0.631,827,672Total Exclusions

16,244,453 5,42Total Net Indebtedness

$283,296,431 94.58Net Debt Contracting Margin

SHORT-TERM INDEBTEDNESS

Pursuant to the Local Finance Law, the Town is authorized to issue short-term indebtedness, in the form of notes asspecified by such statute, to finance both capital and operating purposes.Capita! Purposes

Bond anticipation notes may be sold to provide moneys for capital projects once a bond resolution has been adopted.Generally, bond anticipation notes are issued in anticipation of the sale of bonds at some future date and may be

renewed from time to time up to five years from the date of the first note. Notes may not be renewed after thesecond year unless there is a principal payment on such notes from a source other than the proceeds of bonds. In noevent, may bond anticipation notes be renewed after the sale of bonds in anticipation of which the notes wereoriginally issued. The Town currently has $4,200,000 bond anticipation notes outstanding which were issued for

landfill closure costs and sewer system construction and mature on April 14, 2010.Operating Purposes

The Town is also authorized by law to issue tax anticipation notes and revenue anticipation. notcs to provide cash topay operating expenditures. Borrowings for these purposes are restricted by formulas contained in the Local

Finance Law and the Regulations issued under the U.S. Internal Revenue Code. Such notes may be renewed from

time to time generally not beyond three years in the case of revenue anticipation notes, and five years for taxanticipation notes. The Town has not issued tax anticipation notes or revenue anticipation notes in recent times nordo they plan to,

PROSPECTIVE CAPITAL FINANCINGS

After the issuance of the Bonds, the Town will have $1,810,000 remaining authorized but unissued debt for the

Hopewell Hamlet Sewer District. It is expected that said debt will be issued within the next year.

A-8

V tfdte c

RESOLUTION DATED JULY 9, 2009

A RESOLUTION APPROVING APPLICATION TO THE STATECOMPTROLLER’S OFFICE IN CONNECTION WITH THEESTABLISHMENT OF SAGAMOR SEWER DISTRICT.WHEREAS, after all proceedings were duly had and taken the Town Board of the Town

of East Fishkill, Dutchess County, New York, has duly approved the establishment of Sagamor

Sewer District and the improvements proposed therefor subject to State Comptroller’s approval;

NOW, THEREFORE, BE IT

RESOLVED, by the Town Board of the Town of East Fishkill, Dutchess County, New

York, as follows:

The application to the State Comptroller’s office attached hereto asSection 1

Exhibit A has been prepared at the direction of the Town Board and the Board believes the

contents of the application to be accurate.

Section 2. The Town Board has determined that the improvements for the proposed

District is in the public interest and will not constitute an undue burden on the property which

will bear the cost thereof and that all real property to be so assessed will be benefited by the

proposed improvements and no benefited property has been excluded from the boundaries of the

District.Section 3. This resolution takes effect immediately.

-2-OHS East:160587443.1



I, the undersigned Clerk of the Town of East Fishkill, Dutchess County, New York (the

"Issuer"), DO HEREBY CERTIFY:

That a meeting of the Issuer was duly called, held and conducted on the 9th day of July2009.That such meeting was a

1.

special êgula) (circle one) meeting.That attached hereto is a proceeding of the Issuer which was duly adopted at such meetingby the Board of the Issuer.That such attachment constitutes a true and correct copy of the entirety of such proceedingas so adopted by said Board.That all members of the Board of the Issuer had due notice of said meeting.That said meeting was open to the general public in accordance with Section 103 of thePublic Officers Law, commonly referred to as the "Open Meetings Law".That notice of said meeting (the meeting at which the proceeding was adopted) was given

2.

3.

4.

5.6.

7.PRIOR THERETO in the following manner:Was scheduled at a Public Meeting

PUBLICATION (here insert newspaper(s) and date(s) of publication)

8 .

POSTING (here insert pface(s) and date(s) of posting)

Official Bulletin Board at Town Hall at 330 Route 376, Hopewell Junction, NY 12533

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer

this 26 day of January 2010

Town Clt(CORPORATE SEAL)

L$ l&t/h7RESOLUTIQN-96/09

(AUTHORIZING APPLICATION TO THESTATE COMPTROLLER WITH RESPECT

TO SAGAMOR SEWER DISTRICT)

WHEREAS, the Town Board has previously proposed establishing the SagamorSewer District; and

WHEREAS, the time period for permissive referendum has expired; and

WHEREAS, it is necessary to file an application with the New York StateComptroller for approval to establish the Sagamor Sewer District because borrowing willbe required; and

WHEREAS, the Town's bond counsel has prepared said application inaccordance with the terms and conditions of the map plan and report prepared for theTown Board; and

WHEREAS, it is necessary for the Supervisor to execute said application;

NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and hereby isauthorized to execute an application for approval of the Sagamor Sewer District fromthe State Comptroller as prepared by the Town's bond counsel.

BY ORDER OF THE TOWN BOARDCAROL HURRAY, TOWN CLERK

DATED: JULY 9, 2009EAST FISHKILL, NY

I, Carol A. Hurray, Town Clerk of the Town of East Fishkill, hereby certify the foregoing to be a true andcorrect copy of a Town Board Resolution record on file in my office, Town of East Fishkill. Dated this day26 dav of 2010

.Carol A. HurrayTown Clerk

/9/

CERTIFICATION OF NO PETITITON BEING FILED FOR SAGAMOR SEWERDISTRICT



I, the undersigned Clerk of the Town of East Fishkill, Dutchess County, New York, DO

HEREBY CERTIFY:

That on as of October 13, 2009 that this is true and certified copy of In The Matter

of Formation of the Sagamor Sewer District.A true and correct copy of such In the Matter of Formation of the Sagamor Sewer

District is attached hereto.

7 East Fishkill To rk

Sworn to before this ^ dayOf , 2009.

Notary Public 7

CLARE A. MORANNotary Public, State of New YorkNo. 01M06188890Qualified In Dutchess County / ..Commission Expires June 16, 20

Town of East Fishkill

In The Matter

of the Formation of

The Sagamor Sewer District

I, the undersigned do hereby certify that The Order of the Town Board

forming the above district was duly adopted on April 23, 2009 subject to

Permissive Referendum.

That said Order was duly Published and Posted by me in accordance

with Law.

That as of the Close of Business of May 26, 2009 No petitions were

received or filed by me.

The Order of the Town Board is in full force and effect subject to the

approval of The State Comptroller.

Dated:

East Fishkill, NY

East Fishkill Town ClerkMay 27, 2009

/*./GOtwx^pcV

CERTIFICATION OF AFFIDAVIT OF PUBLICATION



I, the undersigned Clerk of the Town of East Fishlcill, Dutchess County, New York, DO

HEREBY CERTIFY:

That on as of October 13, 2009 that this is true and certified copy of an Affidavit

of Publication from the Poughkeepsie Journal which is on file in my office.

A true and correct copy of such Affidavit of Publication is attached hereto.

/ Carol A. HurrayEast Fishkill Town Clerk

/' f daySworh to before this01' , 2009.

Notary Public

jsie, IN, x • •NOTICE IS HEREBY dfVEH fffte TowKJSof the Town of East itsWdl,

sfve referendum.Dated:AwfiJA 2009. .CAROL HURRAYTOWrtCU*

^SlMTwfn on tte 2Jfd day of April, liX», at 7:M o'clock P.M;Prevailing

r. PUBLICATIONState of New YorkCounty of DutchessCity of Poughkeepsie

X«iffiicAMAH,jjiETHEL WALKERPETER CASSIDY

tWRUAUDAHNCKEJOHNKOCHABSENT:Th* foCWftg resolution was offered by WH11AMadoptoi, jwooded byPFflR CASSIOY to vwi:RBCUmON DATED APRILJJ.A RESOLUTION MAXINQ CERTAIN DETERMWAUGHS IN RELATION TO.ANDAPPROVING THE ESTABLISHMENT OF SAQAMOR SEYrtfl DISTRICT OF THE

Mm ®** c«KEff »WHEREAS. a map.plani/rf report hove been prepared In sudj manner andhsuch detail as has heretofore been determined by the Town Board ot theTovrn of Eut FlsMdlL IXrtchess County,New York, relating to the wtablsh*roentof Sag*nw Sewer tKsWet of saidTown;WHEREAS, said map, plan and report were prepared byicompetent engi-neer, duty Bcensedw the state of Hew York, and have been filed In the of-fie;of the Town Clerk of JAW Town,where the same ire BvaRanw during[fctf ^toihereo?5 ^ EX4mI,aJ,on t>1'^ Pef5W1J Interested In the sub-WHEREAS, said Szgamor Sewer District shall be bounded end described uhereiMRerstt forth;WHEREAS, (he improvement proposed for sakf Swanwr Sewer District con-ststs of the aeoiiaHon of the existing sewer wlfktkn and treatment sys-tem from the Swamor Sewer Corporation w more foSy tfesoibed In the •sforesaro man,planandreportWHEREAS, the maximum amount proposed to be expended foe said Im-provement ts ilAWÔO;WHEREAS, such Improvement has been determined to be a Type II Action'pursuant to the provfcions of the State Environmental (JoaRy Review Ad,which regulations tfiereimder provide, by Aflrttkn, will not have a signifi-cant effectupon the environment;andWIERSAS.there are no estimated costs of hook-up fees to the typical prop-5 ^WHEREAS, the estimated cost of the establishment of the Sagarocr SewerDistrict to the typical property therein IsSlA5ftOO In the first year Tn whichoperation, mmwanoe, debt service and other charges and expenses

âre

the Town Cleric where -the sane are avallabte during regular office hoursfor examination by any person Interested In the subject manner thereof;andWHEAEASs an Order was duly adopted by said Town Board on March ^2M9, reeffirtg a description of the bounoaries of said proposed SaginwSewer District, the Improvements proposed, the maximum amxm pro-posed to be expended for said knprcvements. the fact that said map,planand report were on fOa in theTown Clerk's office for pubBc Inspection andspecifying the J3rti day of April, 30»,at 7J0 o'clock W.L,PrevaSng Tine,at the Town Kill fn East flsNiifl,New York,h safd Town,as the time whenarid the place where said Town Board would meet for the purpose of hold-Ins a pubBc hearing to consider the establishment of said Sagamor SewerDistrict and said map, plan and report filed In relation thereto and to hear

.alpersonsIntwestedm the siAjectthet«fconcemlngtheHrae;WHEREAS, notice ot the aforesaid pubQe hearing was duly published andposted In the manner and ViUhlri the time prescribed by Section 2»d ©I

• Uie Town Law,usd proof of publication arid postfog has been duly present-WHEREAS,sahl pubSc hearing was duly held at the time and place In saidwferj, aforesaid, at which ell persons dasWog to be heard were duly

Rita Lombardi. of the City of Poughkeepsie,

Dutches?County, New York, being duly sworn, saysthat at the several times hereinafter mentioned he/she -was and still is the Principle Clerk of the Fougbkeepsic

Newspapers Division of Gannett Satellite Information

Network, Inc., publisher of the Poughkeepsie Journal, a

newspaper published every day in the year 2009 in the

city of Poughkeepsie, Dutchess County, New York, and

ihat the annexed Notice was duly published in thesaid

newspaperforsuccessively, in each week, commencing on the

day of.on the following dates thereafter, namely on:

DAHNCXE Who moved ta3W.

-one'-insertion

April .andin the year of 2009

- -i

inAnd ending on the day of .the year of ' 2009 both days inclusive,

wsessas:ty.NfWYork.ssImws:Section L Upon the evidence given at the aforesaid public hearing, It Ishereby found anddetermined as foBms:aJThe notka of bearing was published and posted as required by law andIsottered*ftrffidtni;b)A!l the property and propertySevrer pfrtnet are benefited thereby;UAH the property and property wows benefited are Inddded within the' IbnlUof saidproposed SapamorSewerDistrict;anddlfhe tsUbtsfimem of said proposed Sagaroor Sewer District is in thepubScinterestsection IThe estabflshment of Sagampr Sewer pbtrirt of the Towil ofEast RsWirB,Dutchess County,Hew York, to be bounded and described as

• hereafter set forth,and the Improvement therefor consisting of the acgulsl-vtion of the existing sewer coBectkm and treatment system from the Saga-V nw Sewer corporation, at a maximum estimated wst to the sagaroor

set forth In Appendbt A aforementioned hereto and hereby made a part

^^daySubscribed and svyom to before me this

°f in tbsyear of 2009

,,, . , ''JôteryEflbiicr/Wunfstic r ,•

/f-tfCOMI-itSSfO:; i-: - : . ' 1

.S JMi^1ZA*l$SXthe Office of the State Department of Au^t and control at Albany, New

Section 5.ThlsresolutionIs adoptedsubject topemissivereThe question of the adoption of the foregoing resolutionvoteonro8caivrtikfiresulted as foBows:JOHNLHUMAN.JfoVOTTHQ AYEETHEL WALKERVOTWOAYE

ferendum.was duly put to a

PETER CASSIDYWT1NCAYEWILUAM OAHNCKEYOTlNaAYE. JOHN XOCHVGtlN&AYEThe resolution was thereupon dedired Advadopted.

APPEN&ftA .L DISCRIPnON OF

MOAWOR SEWERDISTRICTALL those certain parcels of bUltl Viuaxe fn tiw vftirt flshfcfi^ Coun-

i tyof Dutchess, State of Hew Tort and more particularly described as fol-/' VAs pec the' Dutchess comity Tax Rols (Revised. 300JX the parcels In the- v Town of East fishlM listedbcWjy\ TAXPARCELNUMBER

LEGA

iliSrHIli6S58-M- 93NN

02-3U5T1655B-C2'B9

m3W.K5S- 1&S8-D2

' rat! m6SM-tSSA-02-IS

mm CY.58- 03-790IS32 BSfl- 01-e8TO61S B55B-M - 7

S mmIII i6SSS-« SIBill i

ASSS-02 M9SWMLAST

II=8511

- -—

CERTIFICATION OF AFFIDAVIT OF PUBLICATION




HEREBY CERTIFY:

That on as of April 29, 2009 that this is true and certified copy of an Affidavit of

Publication from the Poughkeepsie Journal which is on file in my office.

A true and correct copy of such Affidavit of Publication is attached hereto.

7 Carol A. Hurtf (y\East Fishkill Town Clerk

Sworn to before this

KATHLEEN A. MARTINNOTARY PUBLIC-STATE OF NEW YORK

NO. 01MA6046839QUALIFIED IN DUTCHESS COUNTYMY COMMISSION EXPIRES AUG. 21 20 fO

Poughkeepsie JournalPoughkeepsie, N.Y.

AFFIDAVIT OF PUBLICATIONState of New YorkCounty of DutchessCity ofPoughkeepsie

NOTICE Of AOOPTION OF ORDER CALLING A PUBLIC HEARINGON ESTABLISHMENT SAGAMOR SEWER

DISTRICT IN

:SSsaaTsaa"t'

said lawn, on Die 26th day of March, 2009, at T:» o'clock P.M, PrevailingPRESENT:JOHN t. HICKMANJR.

Rita Lombardi. of the City of Poughkeepsie,Dutches? County, New York, being duly sworn, saysthat at the several times hereinafter mentioned he/shewas and still is the Principle Clerk of the PoughkeepsieNewspapers Division of Gannett Satellite InformationNetwork, Inc., publisher of the Poughkeepsie Journal, anewspaper published every day in the year 2009 in thecity ofPoughkeepsie, Dutchess County, New York, andthat the annexed Notice was duly published in the saidnewspaper for two..insertions

successively, in each week, commencing on the 5th

day of ,

on the following dates thereafter, namely on:

Supervisor• ETHEL WALKER

Counci[womanPETER CASSIDYCouncilman• WILLIAM DAHNCKE

tollmanTi. UKJOHN

•rof:The Establishment of the Saaamor:Sewer District In the Townof East FDutchess County, New

Flshk.1l,:York:

/ORDER CALLING PUBLIC HEARINGNew York! ?he T°"n 0f ?of a prop*

WHEREAS, said map, plan and report, Including an estimate of the cost,were prepared by a competent engineer duly licensed by the State of New -

£39-Interested la the subject matter thereof, Including estimate

SaSSSaSSSI .

SHOO ooo'00*andmax,mum ^mated said Improvements Is .

pravemenls consists ?the Issuance of sShonds'of said Town maturingamount sufficient to pay the principal and . Interest on said bonds as the

**-înWHERE^, the estimated cost of said District to the typical property there-to ,s im°‘0DLln Wie year 1R whIril operation, maintenance, debt sen/*

worn computed

Sfe cttaefcter ““*Sny PS'““'*•

WHEREAS, the establishment of the District has been determined to he a38VgSUSStittS'ASS toatheD?te?eWHEREAS, It Is now desired: to tall a public hearing upon the question oftho eslobilshmonl of said District and (he acquisition of Ihe sewer system,

Section LA’meeting' of Use Town Board of the Town of Easl Flshklll, Dot-chess County, New York, shall be held at Ihe Town Halt, In East flshkM,New York, In said Town, on the 23rd day of April, 2009, ot Jr39 o'clock P.M.,ambles hereof, to be known as to Ihe saganwr Sewer District, and Ure Invproyemenls proposed therotor, and to consider the map, plan and reportriled In relation thereto, and In hear all persons Interested In lire subjectmatter thereof concerning the same, and lor such other action on Ihe partof.sald Town Board as may be required by law or shall be proper In thepremises.Section 2,The Town Clerk Is hereby authorized and directed to cause acopy of this order to be- published once in the Poughkeepsie Journal, the of*Ida! newspaper of said Town, the first publication Ihereof to be not Jesshan leu nor more than twenty days before the day set herein for the hear-ing as aforesaid, and said Town Clerk shall also cause a copy thereof to beposted bn the sfnn board of the Town maintained pursuant to subdivision 6WtiWSftSTm ra * .' da»silu-li'.ii j.Ti orii >.r :-: n Iv.-.eefJcctimr.MlMi'lv.JOHN L HICKMAN,JR. VOTING Y ,JOHN KOCH VOTING YPETER CASSIDY VOTING YETHEL WALKER VOIING YWILLIAM OAHNCKE VOTING YTho resolution was thereupondeefared duly adopted.

April in the year of 2009 and

in10th day of April-

, both days inclusive.

And ending on thethe year of 2009

Subscribed andAw’om to before me thithe year of 2009

.day

^ Notary PublicLEGAL DESCT1P7T0HOFSAQAM0R

S;iBStFiitei5aii“ Ro,ls 1Rtvlsed paree,s to *" My commission expires yV:/

TAX PARCEL NUMBER 7655B- 02-6976096558- 02 -8676596S58- 04 •7552706558- 04-8634076558- 04 *6983266558- 04 - 8204B66558- 02- 74G5S2G558- 02 - 9395026558- 04 - 6913126558- 04- 7783876558- 04 - 7I83B46558- 02 •92954465S8- 02- 8576476558- 04 - 9034686558- 04 - 7673026558- 02- 9225716558- C 2 - 8915066553- 04 - 8114576558- 02 - 8055646558- 04 - 7262566553-04 - 9374746558- 02- 8125436558- 04 - 7884206558- 02 - 8065326558- <34- 7224016SS8- 04 - 9454646558- 02 - 8546116558- 04- 7803646558- 04 - 7573846558- 02 -9175356558* 02-9585026558- 02 * 7775656558-04 - 751370

9

t o u n t y

CERTIFICATION OF POSTING OF NOTICE OF ADOPTION

RECEIVEDFEB 0 9 2010

NYS-OSCLEGAL SERVICES




HEREBY CERTIFY:

That on the 24th day of April 2009, 1 caused to be posted on the official signboard

maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of

Adoption that was adopted by the Town Board at a meeting held on April 23rd, 2009.

A true and correct copy of the Notice of Adoption of a Resolution Approving the

Establishment of Sagamor Sewer is attached thereto.

$Sworn tcvbefore this V dayOf , 2010

KATHLEEN A. MARTIN, 'OTARY PJJBLIC-STATE OF NEW YORK

NO. 01MA6046839QUALIFIED IN DUTCHESS COUNTY -

MY COMMISSION EXPIRES AUG. 21, 20JVI

NOTICE OF ADOPTION

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Fishkill,

Dutchess County, New York, at a meeting held on the 23rd day of April, 2009, duly adopted the

resolution published herewith, subject to a pel-missive referendum.

Dated: April 24, 2009.CAROL HURRAY

Town Clerk

i 1

At a regular meeting of the Town Board of the Town of East Fishkill, Dutchess County,

New York, held at the Town Hall, in East Fishkill, New York, in said Town, on the 23rd day of

April, 2009, at 7:30 o'clock P.M., Prevailing Time.The meeting was called to order by Supervisor John L. Hickman, Jr., and upon roll being

called, the following were

PRESENT:

JOHN L. HICKMAN. JR.

ETHEL WALKER

PETER CASSIDY

WILLIAM DAHNCKE

JOHN KOCH

ABSENT:

The following resolution was offered by WILLIAM DAHNCKE who moved its

adoption, seconded by PETER CASSIDY to-wit:

RESOLUTION DATED APRIL 23, 2009.

A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TOAND APPROVING THE ESTABLISHMENT OF SAGAMOR SEWERDISTRICT OF THE TOWN OF EAST FISHKILL, DUTCHESS COUNTY,NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW.

WHEREAS, a map, plan and report have been prepared in such manner and in such detail

as has heretofore been determined by the Town Board of the Town of East Fishkill, Dutchess

County, New York, relating to the establishment of Sagamor Sewer District of said Town;

WHEREAS, said map, plan and report were prepared by a competent engineer, duly

licensed by the State of New York, and have been filed in the office of the Town Clerk of said

Town, where the same are available during regular office hours for examination by any persons

interested in the subject matter thereof;

WHEREAS, said Sagamor Sewer District shall be bounded and described as hereinafter

set forth;

WHEREAS, the improvement proposed for said Sagamor Sewer District consists of the

acquisition of the existing sewer collection and treatment system from the Sagamor Sewer

Corporation as more fully described in the aforesaid map, plan and report;

WHEREAS, the maximum amount proposed to be expended for said improvement is

$1,400,000;

WHEREAS, such improvement has been determined to be a "Type II Action" pursuant to

the provisions of the State Environmental Quality Review Act, which regulations thereunder

provide, by definition, will not have a significant effect upon the environment; and

WHEREAS, there are no estimated costs of hook-up fees to the typical property in

Sagamor Sewer District as existing property owners in the proposed District are currently being

serviced; and

WHEREAS, the estimated cost of the establishment of the Sagamor Sewer District to the

typical property therein is $1,850.00 in the first year in which operation, maintenance, debt

service and other charges and expenses are to be paid; and

WHEREAS, a detailed explanation of the manner by which such first-year costs to the

typical property were computed, has been filed in the office of the Town Clerk where the same

are available during regular office hours for examination by any person interested in the subject

manner thereof; and

WHEREAS, an Order was duly adopted by said Town Board on March 26, 2009, reciting

a description of the boundaries of said proposed Sagamor Sewer District, the improvements

proposed, the maximum amount proposed to be expended for said improvements, the fact that

said map, plan and report were on file in the Town Clerk's office for public inspection and

specifying the 23rd day of April, 2009, at 7:30 o'clock P.M., Prevailing Time, at the Town Hall,

in East Fishkill, 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 establishment of

said Sagamor Sewer District and said map, plan and report filed in relation thereto and to hear all

persons interested in the subject thereof concerning the same;

WHEREAS, notice of the aforesaid public hearing was duly published and posted in the

manner and within the time prescribed by Section 209-d of the Town Law, 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; and

WHEREAS, said Town Board has duly considered said map, plan and report and the

evidence given at said public hearing; NOW, THEREFORE, BE IT

-2-

RESOLVED, by the Town Board of the Town of East Fishkill, 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:

The notice of hearing was published and posted as required by law and isa)

otherwise sufficient;

All the property and property owners within said proposed Sagamor Sewerb)

District are benefited thereby;

c) All the property and property owners benefited are included within the limits of

said proposed Sagamor Sewer District; and

The establishment of said proposed Sagamor Sewer District is in the publicd)

interest.Section 2. The establishment of Sagamor Sewer District of the Town of East Fishkill,

Dutchess County, New York, to be bounded and described as hereafter set forth, and the

improvement therefor consisting of the acquisition of the existing sewer collection and treatment

system from the Sagamor Sewer Corporation, at a maximum estimated cost to the Sagamor

Sewer District of $1,400,000, are hereby approved.

Section 3. Said Sagamor Sewer District shall be bounded and described as set forth

in Appendix A aforementioned hereto and hereby made a part hereof:

Section 4. 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.

Section 5. This resolution is adopted subject to permissive referendum.

-3-

The question of the adoption of the foregoing resolution was duly put to a vote on roll

call, which resulted as follows:

AYEJOHN L. HICKMAN. JR. VOTING

AYEVOTINGETHEL WALKER

AYEPETER CASSIDY VOTING

VOTING AYEWILLIAM DAHNCKE

VOTING AYEJOHN KOCH

The resolution was thereupon declared duly adopted.

-4-

APPENDIX A

LEGAL DESCRIPTION OF SAGAMOR SEWER DISTRICT;

ALL those certain parcels of land situate in the Town of East Fishkill, County of Dutchess, State ofNew York and more particularly described as follows:

As per the Dutchess County Tax Rolls (Revised 2008), the parcels in the Town of East Fishkilllisted below:

TAX PARCEL NUMBER

6558- 02 - 8676596558- 04 - 6983266558- 02 - 9395026558- 04 - 7183846558- 04 - 9034886558- 02 - 8915066558- 04 - 7262566558- 04 - 7884206558- 04 - 9454646558- 04 - 7573846558- 02 - 7775656558- 04 - 7704716558- 04 - 8143306558- 02 - 8715216558- 02 - 9185046558- 02 - 8806256558- 04 - 8884686558- 02 - 9015326558- 02 - 8306356558- 04 - 7864996558- 04 - 8614936558- 04 - 8173446558- 04 - 8504806558- 04 - 7694566558- 04 - 7162796558- 04 - 8873866558- 04 - 9103986558- 04 - 7784856558- 02 - 8486676558- 02 - 9545436558- 02 - 9795516558- 04 - 8183926558- 04 - 9114506558- 04 - 787291

6558- 04 - 7552706558- 04 - 8204866558- 04 - 6913126558- 02 - 9295446558- 04 - 7673026558- 04 - 8114576558- 04 - 9374746558- 02 - 8065326558- 02 - 8546116558- 02 - 9175356558- 04 - 7513706558- 04 - 6782686558- 04 - 8343916558- 02 - 9035646558- 02 - 8005146558- 04 - 7423416558- 02 - 7455666558- 02 - 8825796558- 04 - 7673356558- 04 - 6802826558- 02 - 8275016558- 04 - 7113536558- 04 - 7413146558- 04 - 7553096558- 04 - 6852986558- 04 - 8784276558- 04 - 7222946558- 04 - 9214806558- 02 - 9086506558- 04 - 8374516558- 02 - 882672

6558- 02- 8976096558- 04- 8634076558- 02- 7465526558- 04- 7783876558- 02- 8576476558- 02- 9225716558- 02- 8056646558- 02- 8125436558- 04- 7224016558- 04- 7803646558- 02- 9585026558- 04- 8073156558- 02- 9006836558- 02- 8936396558- 04- 7463566558- 04- 7964406558- 02- 9745216558- 04- 8203576558- 04- 7273226558- 02- 8456826558- 04- 8233706558- 02- 8416236558- 04- 6702296558- 04- 8064236558- 04- 7763496558- 02- 9116696558- 04- 6882396558- 02- 8685986558- 04- 7153696558- 02- 9125926558- 04- 7382786558- 04- 7092416558- 02- 6752556558- 04- 784320

6558- 02 - 8495306558- 04 - 9014526558- 04 - 8503956558- 04 - 8424316558- 04 - 7023406558- 02 - 9435546558- 04 - 9204316558- 04 - 7394086558- 04 - 8414686558- 04 - 7953886558- 04 - 8224256558- 02 - 8186466558- 04 - 8774526558- 02 - 8815156558- 02 - 739516

6558- 04- 8144726558- 02- 836512

Plus Wastewater Treatment Facility Parcel:Sagamor Sewer Corp. 6558- 02 - 82269334 Regal PI

!

2

\

i ORRICK,HERRINGTON & SUTCLIFFE LLP

666 FIFTH AVENUENEW YORK, NEW YORK 10103-0001

tel +1-212-506-5000fax +1-212-506-5151WWW.ORRICK.COM

Thomas E. Myers(212 ) 506-5212tmyers@orrick .com

O R R I C K

November 30, 2009

VIA FEDERAL EXPRESS

Ellen McDonald, Esq.Associate AttorneyOffice of the State Comptroller110 State Street14th FloorAlbany, NY 12236

Re: Town of East Fishkill, NYSagamor Sewer DistrictOrrickFile: 42459-2-20

Dear Ellen:

In response to your letter of October 16, 2009, enclosed note the following:

1. Two originally certified copies of the resolution approving the application for theSagamor Sewer District were previously provided.

Two maps prepared by the engineer showing the boundaries of the proposed District.

3. Two original affidavits of posting of the Notice of the Public Hearing which includes atrue and correct copy of the actual Order Calling the Public Hearing.

Two originally certified copies of the resolution approving establishment of the Districtsubject to permissive referendum, as well as two original affidavits of publication of theNotice of Adoption of this resolution.

5. Two original affidavits from the Town Clerk indicating that no petition was presentedwithin the permissive referendum period requesting a vote on this matter.

6. A copy of the letter from the town assessor concerning the assessed valuation for theproperty that will pay the most in the first year for debt service, operation andmaintenance and other charges.

Excerpts from a recent official statement relating to $4,210,000 bonds of the Townindicating outstanding debt. A debt statement in connection with such bonds wasrecently filed with Audit and Control.

2 .

4.

7.

OiiS Kast:160470509.!

oO R R I C K

Ellen McDonald, Esq.November 30, 2009Page 2

The letter from the Town's financial advisor will be provided to you separately.The current annual cost to a typical property within the proposed District for services beingprovided by the existing transportation corporation is $2,071.80.

Finally, in connection with the opinion provided to the State Comptroller dated October 8,.2009,we have reviewed the proceedings undertaken by the Town in connection with satisfying theState Environmental Quality Review Act and the regulations promulgated thereunder, as well asthe proposed contract for the purchase of the sewer system.With best wishes,

Very truly yours,

Thomas E. Myers/es

Ol iS I Cast:!604793)9.1

ORRICK,HERRINGTON & SUTCLIFFE LLP

666 FIFTH AVENUENEW YORK,NEW YORK 10103-0001

tel +1-212-506-5000fax +1-212-506-5151O R R I C KWWW.ORRICK.COM

October 8, 2009

Town of East Fishkill,County of Dutchess,State of New York

Ladies and Gentlemen:

We are bond counsel to the Town of East Fishkill, Dutchess County, New York (the“Town”) and have been requested to render our opinion concerning matters relating to theestablishment of the Sagamor Sewer District (the “District”) thereof pursuant to the provisions ofArticle 12-A of the Town Law (the “Town Law”) of the State of New York (the “State”).

In connection therewith we have examined:

The Constitution of the State and such statutes and regulations thereof, includingparticularly Sections 209-e and 209-f of the Town Law, as we have deemed relevant forpurposes of the opinions expressed herein;

A copy of the map, plan and report prepared pursuant to Section 209-c of the Town Lawin connection with the establishment of the District;

2.

A copy of the application to the State Comptroller for approval to establish the District(the “Application”);

Copies of the following relating to the establishment of the District, certified to oursatisfaction:

3.

4.

an order of the Town Board of the Town (the “Town Board”) dated March 26,2009, adopted pursuant to Section 209-d of the Town Law calling a publichearing upon the question of the establishment of the District (the “Order”); and

(a)

(b) a resolution of the Town Board dated April 23, 2009, making the determinationsdescribed in subdivision 1 of Section 209-e of the Town Law and anotherresolution making its determinations described in subdivision 3 of Section 209-eof the Town Law (the "Resolution");

Duplicate originals or copies certified to our satisfaction of the following relative thereto;5.

oO R R I C K

Town of East FishkillOctober 8, 2009Page 2

a printer’s affidavit with respect to the publication of the Order and Resolution;(a)and

an affidavit of the Town Clerk of the Town (the “Town Clerk”) with respect tothe posting of the Order and Resolution on the Town sign-board;

Such other local laws of the Town, and resolutions and other proceedings of the TownBoard as we have deemed relevant for purposes of the opinions expressed herein.In rendering the opinions expressed herein we have assumed (i) the accuracy and

truthfulness of all records, documents and proceedings examined by us which have beenexecuted or certified by officials and officers acting within the scope of their official capacities,and have not independently verified the accuracy and truthfulness thereof, (ii) the accuracy andcompleteness of the information set forth in the map, plan and report including compliancetherewith with the requirements set forth in Section 209-c of the town Law, and (iii) and allboundary descriptions and descriptions of improvements included in the Application and expressno opinion with respect thereto.Based upon the foregoing it is our opinion that:

The application contains all of the information required by applicable statutes andregulations.

(b)

6 .

(0

The Town, in relation to the establishment of the District for which the permission of theState Comptroller is sought, has undertaken all actions and proceedings required byapplicable statutes.

(ii)

(iii) The District has been duly authorized by the Town Board, as required by applicablestatutes, with the exception of the permission of the State Comptroller to establish theDistrict and the requirements set forth in Section 209-f of the Town Law subsequent tosuch approval.Town officials are not aware of any material pending or threatened lawsuits or claimsrelating to the District.

(iv)

oO R R I C K

Town of East FishkillOctober 8, 2009Page 3

(v) Any assessments to be levied to finance the improvements for the District are authorizedby statute and all necessary action has been taken by the Town to authorize the levy ofsuch assessments.

The scope of our engagement in relation to the establishment of the District (and theproposed increase in maximum amount to be expended) has extended solely to the examinationof the facts and law incident to rendering the opinions expressed herein with respect to theestablishment of the District as a legal entity. We express no opinion, and no opinion should beinferred from the foregoing, with respect to the improvements described in any map, plan, reportor other material or documents prepared in connection with the establishment of the District,their design, their fitness or suitability for the purposes for which they are intended, or withrespect to any estimate of the cost or expense thereof, the levels of and/or computation formulaefor any assessments or levies to be imposed to pay the same or debt service on any obligationsissued for the financing thereof, or the amounts of any user fees with respect thereto.

The State Comptroller may rely upon the opinions expressed herein as if the same hadbeen addressed to him.

Very truly yours,

US_EAST:160605874.1

£ o itrt

CERTIFICATION OF POSTING PUBLIC HEARING AND ORDER CALLINGPUBLIC HEARING

RECEIVED !FEB 0 9 2010 |NYS USC f

LEGAL SERVICES j




HEREBY CERTIFY:

That on the 26th day of March 2009, I caused to be posted on the official signboard

maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of

Public Hearing Order to be conducted by the Town Board of said Town on the 23rd day

of April 2009.

A true and correct copy of such Notice of Public Hearing Order is attached hereto.

L Town Clerk

before this O day, 2010

SwornOf fa

Notan/Public..sss."NN0.01NIA6046839

,SSSSSSRSU0;

’ -4.— '

At a regular meeting of the Town Board ofthe Town of East Fishkill, Dutchess County,New York, held at the Town Hall, in EastFishkill, New York, in said Town, on the 26th

day of March, 2009, at 7:30 o'clock P.M.,Prevailing Time.

PRESENT:

JOHNL. HICKMAN. JR.Supervisor

ETHEL WALKERCouncilwoman

PETER CASSIDYCouncilman

WILLIAM DAHNCKECouncilman

JOHN KOCHCouncilman

In the Matterof

ORDER CALLINGThe Establishment of the SagamorSewer District in the Town of East Fishkill,Dutchess County, New York

PUBLIC HEARING

WHEREAS, the Town Board of the Town of East Fishkill, Dutchess County, New York,

has duly caused to be prepared a map showing the boundaries of a proposed sewer district in said

Town, to be known as the Sagamor Sewer District in the Town of East Fishkill (hereinafter, the

“Sewer District” or simply, the “District”) a general plan to serve said District, and a report of the

proposed method of operation thereof; and

-2-

WHEREAS, said map, plan and report, including an estimate of the cost, were prepared by

a competent engineer duly licensed by the State of New York, and have been filed in the office of

the Town Clerk of said Town, where the same are available during regular office hours for

examination by any persons interested in the subject matter thereof, including estimate of cost; and

WHEREAS, the boundaries of said District shall be as described in Exhibit A attached

hereto and hereby incorporated herein; and

WHEREAS, the improvements proposed for said District consist of the acquisition of the

existing sewer collection and treatment system from the Sagamor Sewer Corporation including,

original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements

and expenses in connection therewith, all as more folly described in the map, plan and report

hereinbefore described; and

WHEREAS, the maximum estimated cost of said improvements is $1,400,000.00; and

WHEREAS, the proposed method of financing the cost of said improvements consists of

the issuance of serial bonds of said Town maturing in annual installments over a period not

exceeding forty years, which will be payable in the first instance from the assessments from the

several lots and parcels of land within said District in the manner provided by law in an amount

sufficient to pay the principal and interest on said bonds as the same become due, but if not paid

from such source, all the taxable real property in 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 bonds as the same shall become due and payable; and

WHEREAS, the estimated cost of hook-up fees to the typical property in and said District

is; and

-3-

WHEREAS, the estimated cost of said District to the typical property therein is $1,850.00

in the first year in which operation, maintenance, debt service and other charges and expenses are to

be paid; and

WHEREAS, a detailed explanation of the manner by which were computed said estimated

costs of hook-up fees and first-year costs to the typical property has been filed in the office of the

Town Clerk where the same are available during regular office hours for examination by any person

interested in the subject manner thereof; and

WHEREAS, the establishment of the District has been determined to be a Type II Action

pursuant to the regulations of the New York State Department of Environmental Conservation

promulgated pursuant to the State Environmental Quality Review Act, the implementation of which

as proposed, will not result in any significant environmental effects; and

WHEREAS, it is now desired to call a public hearing upon the question of the

establishment of said District and the acquisition of the sewer system, all pursuant to Section 209-d

of the Town Law; NOW, THEREFORE, BE IT

ORDERED, by the Town Board of the Town of East Fishkill, Dutchess County, New York,

as follows:

A meeting of the Town Board of the Town of East Fishkill, DutchessSection 1

County, New York, shall be held at the Town Hall, in East Fishkill, New York, in said Town, on

the 23rd day of April 2009, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a

public hearing to consider the establishment of the Sewer District in said Town as described in the

preambles hereof, to be known as to the Sagamor Sewer District, and the improvements proposed

therefor, and to consider the map, plan and report filed in relation thereto, and to hear all persons

.4.

interested in the subject matter thereof concerning the same, and for such other action on the part of

said Town Board as may be required by law or shall be proper in the premises.

The Town Clerk is hereby authorized and directed to cause a copy of thisSection 2.

order to be published once in the Poughkeepsie Journal, the official newspaper of said Town, the

first publication thereof to be not less than ten nor more than twenty days before the day set herein

for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the

sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not

less than ten nor more than twenty days before the day set for the hearing as aforesaid.

Section 3. This order shall take effect immediately.

JOHN L. HICKMAN. JR. VOTING Y

VOTING YJOHN KOCH

VOTING YPETER CASSIDY

VOTING YETHEL WALKER

WILLIAM DAHNCKE VOTING Y

The resolution was thereupon declared duly adopted.

“5- .

EXHIBIT A


ATI, those certain parcels of land situate in the Town of East Fishkill, County of Dutchess, State ofNew York and more particularly described as follows:


TAX PARCEL NUMBER

6558- 04 - 7552706558- 04 - 8204866558- 04 - 6913126558- 02 - 9295446558- 04 - 7673026558- 04 - 8114576558- 04 - 9374746558- 02 - 8065326558- 02 - 8546116558- 02 - 9175356558- 04 - 7513706558- 04 - 6782686558- 04 - 8343916558- 02 - 9035646558- 02 - 8005146558- 04 - 7423416558- 02 - 7455666558- 02 - 8825796558- 04 - 7673356558- 04 - 6802826558- 02 - 8275016558- 04 - 7113536558- 04 - 7413146558- 04 - 7553096558- 04 - 6852986558- 04 - 8784276558- 04 - 7222946558- 04 - 9214806558- 02 - 9086506558- 04 - 8374516558- 02 - 882672

6558- 02 - 8676596558- 04 - 6983266558- 02 - 9395026558- 04 - 7183846558- 04 - 9034886558- 02 - 8915066558- 04 - 7262566558- 04 - 7884206558- 04 - 9454646558- 04 - 7573846558- 02 - 7775656558- 04 - 7704716558- 04 - 8143306558- 02 - 8715216558- 02 - 9185046558- 02 - 8806256558- 04 - 8884686558- 02 - 9015326558- 02 - 8306356558- 04 - 7864996558- 04 - 8614936558- 04 - 8173446558- 04 - 8504806558- 04 - 7694566558- 04 - 7162796558- 04 - 8873866558- 04 - 9103986558- 04 - 7784856558- 02 - 8486676558- 02 - 9545436558- 02 - 9795516558- 04 - 8183926558r_04 - 911450

6558- 02- 8976096558- 04- 8634076558- 02- 7465526558- 04- 7783876558- 02- 8576476558- 02- 9225716558- 02- 8056646558- 02- 8125436558- 04- 7224016558- 04- 7803646558- 02- 9585026558- 04- 8073156558- 02- 9006836558- 02- 8936396558- 04- 7463566558- 04- 7964406558- 02- 9745216558- 04- 8203576558- 04- 7273226558- 02- 8456826558- 04- 8233706558- 02- 8416236558- 04- 6702296558- 04- 8064236558- 04- 7763496558- 02- 9116696558- 04- 6882396558- 02- 8685986558- 04- 7153696558- 02- 9125926558- 04- 7382786558- 04- 7092416558- 02- 675255

-6-

6558- 04 - 7872916558- 02 - 8495306558- 04 - 9014526558- 04 - 8503956558- 04 - 8424316558- 04 - 7023406558- 02 - 9435546558- 04 - 9204316558- 04 - 7394086558- 04 - 8414686558- 04 - 7953886558- 04 - 8224256558- 02 - 8186466558- 04 - 8774526558- 02 - 8815156558- 02 - 739516

6558- 04- 7843206558- 04- 8144726558- 02- 836512


:

-7-

Exhibit A

Boundaries of ProposedSagamor Sewer District

in the Town of East Fishkill, Dutchess County, New York

'!

APPENDIX A


ALL those certain parcels of land situate in the Town of East Fishkill, County of Dutchess, State ofNew York and more particularly described as follows:


TAX PARCEL NUMBER

6558- 02- 8976096558- 04- 8634076558- 02- 7465526558- 04- 7783876558- 02- 8576476558- 02- 9225716558- 02- 8056646558- 02- 8125436558- 04- 7224016558- 04- 7803646558- 02- 9585026558- 04- 8073156558- 02- 9006836558- 02- 8936396558- 04- 7463566558- 04- 7964406558- 02- 9745216558- 04- 8203576558- 04- 7273226558- 02- 8456826558- 04- 8233706558- 02- 8416236558- 04- 6702296558- 04- 8064236558- 04-7763496558- 02- 9116696558- 04- 6882396558- 02- 8685986558- 04- 7153696558- 02- 9125926558- 04- 7382786558- 04- 7092416558- 02- 675255

- 6558- 04-784320

6558- 02 - 8676596558- 04 - 6983266558- 02 - 9395026558- 04 - 7183846558- 04 - 9034886558- 02 - 8915066558- 04 - 7262566558- 04 - 7884206558- 04 - 9454646558- 04 - 7573846558- 02 - 7775656558- 04 - 7704716558- 04 - 8143306558- 02 - 8715216558- 02 - 9185046558- 02 - 8806256558- 04 - 8884686558- 02 - 9015326558- 02 - 8306356558- 04 - 7864996558- 04 - 8614936558- 04 - 8173446558- 04 - 8504806558- 04 - 7694566558- 04 - 7162796558- 04 - 8873866558- 04 - 9103986558- 04 - 7784856558- 02 - 8486676558- 02 - 9545436558- 02 - 9795516558- 04 - 8183926558- 04 - 9114506558- 04 - 787291 . . ..

6558- 04 - 7552706558- 04 - 8204866558- 04 - 6913126558- 02 - 9295446558- 04 - 7673026558- 04 - 8114576558- 04 - 9374746558- 02 - 8065326558- 02 - 8546116558- 02 - 9175356558- 04 - 7513706558- 04 - 6782686558- 04 - 8343916558- 02 - 9035646558- 02 - 8005146558- 04 - 7423416558- 02 - 7455666558- 02 - 8825796558- 04 - 7673356558- 04 - 6802826558- 02 - 8275016558- 04 - 7113536558- 04 - 7413146558- 04 - 7553096558- 04 - 6852986558- 04 - 8784276558- 04 - 7222946558- 04 - 9214806558- 02 - 9086506558- 04 - 8374516558- 02 - 882672

I

•Li*

. : !- .

6558- 02 - 8495306558- 04 - 9014526558- 04 - 8503956558- 04 - 8424316558- 04 - 7023406558- 02 - 9435546558- 04 - 9204316558- 04 - 7394086558- 04 - 8414686558- 04 - 7953886558- 04 - 8224256558- 02 - 8186466558- 04 - 8774526558- 02 - 8815156558- 02 - 739516

6558- 04- 8144726558- 02- 836512


I

• . 2

Town of East FishkillDutchess County, New York

330 Route 376, Hopewell Junction,New York 12533

Telephone 845-226-6353

Kathleen A. MartinAssessor

To Whom It May Concern:

Please be advised that On The Rise LLC located at 190 Old Sylvan Lake Roadis assessed for 2009 at $2,000,000.

Sincerely,

c\ Kathleen A. Martin

iBÂVilLMMJU yjJSJA; ji>Tj|jiiij!jij iLqilPIABIHI sJJFile Edit View Toolbar Window Help 3J!

| <a a m^ t M < &iv earis a laY [Active R/S:1 School: Wappingers CeIndoor sportNon-Homestead

|6558 02-739516-0000On The Rise LLC190 Old Sylvan Lahe Rd

132800 East Fishk.ilRollYear: 12009 Curt YrLand Size: 10.34 acres

Owner ] Tax Bill Mailing Address | 3rd Party Address | Bank |

LandAV: 600.000Total AV: 2.000,000

B~CD Parcel 6558-02-73j CD History

B-CD Assessment1 CD Spec Dist(

CD Description

^ Owner(s)CD Images

B-CD Sited) ComC3 Land(s)CD Imprvmt(s)C] Bldg 1 SecCD Bldg 2 SecCD ComUCD Valuation

CD Sale03/29/99CD Sale03/28/99

otal 1 Click toOwners: To open, click the appropriate row |R0Owner Type: PtimatOn The Rise LLC

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FWN- Ml: Jr.,Sr.,etc:Last Name / Company:On The Rise LLCAttention To 7In Care Of:

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Additional Address:jc7o Sport & Wellness

St Suffix: Post Dir: UnitName: Unit No:Patricia Clebrese IStreet No: Prefix Dir: Street t Rural Route:se j)Fields )Ln 31 3| 3fPo Box No: City/Town: State: Zip Code:

fNY-3 {10560-IN. Salem iCountry: enter if not "USA" BarCd: Ownership:e.g.Life Use Owner Type:n i ;|P = Primary 3

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Ready i|l1-2-0914:24:5

I

ENVIRONMENTRevised 3/8/10

RESOLUTION NO. 2010039

RE: SETTING A PUBLIC HEARING IN CONNECTION WITH THEESTABLISHMENT OF PART COUNTY SEWER DISTRICT NO. 6LOCATED IN THE VILLAGE AND TOWN OF RED HOOK,DUTCHESS COUNTY, NEW YORK

Legislators TRAUDT, MICCIO, and SADOWSKI offer the following andmove its adoption:

WHEREAS, the New York State Legislature, by Chapter 592 of the Lawsof 1991 (Section 1142, Public Authorities Law), created the Dutchess County Water &Wastewater Authority (WWA), and

WHEREAS, the WWA has presented to this Legislature a notice ofproject pursuant to Section 1124 of the Public Authorities Law which outlines theWWA’s plan to establish Part County Sewer District No. 6 located in the Village andTown of Red Hook, Dutchess County, New York, and

WHEREAS, said notice of project also describes the Part County SewerDistrict No. 6 that will be created, which is more particularly described in Attachment Aattached hereto, and

WHEREAS, the original public hearing was scheduled for February 10,2010 but was postponed to February 11, 2010 due to inclement weather on February 10,2010, and

WHEREAS, this Legislature conducted a public hearing on February 11,2010, however, there was no notice in the official County newspapers advising the publicof the new public hearing date, and

WHEREAS, the WWA is requesting that another public hearing date bescheduled and the public be notified by notices in the official County newspapers, and

WHEREAS, it is necessary to conduct a public hearing on theestablishment of such Part County Sewer District No. 6, now therefore, be it

RESOLVED, that this Legislature shall conduct a public hearing on the12th day of April 2010 at 7:00 in the evening of said day, at the Chambers of the DutchessCounty Legislature, County Office Building, 22 Market Street, Poughkeepsie, New York,on a proposal to establish Part County Sewer District No. 6 located in the Village andTown of Red Hook, Dutchess County, New York, described in Attachment A attachedhereto, and be it further

RESOLVED, that the Clerk of the Legislature shall publish notice of saidhearing in the official newspapers of the County and shall include therein a description,identifying the. areas to be included within the Part County Sewer District No. 6, theimprovements proposed, the maximum amount to be expended for the improvements, theproposed method of assessment of the cost, the estimated cost of hook-up fees, if any, thecost to the typical property or one or two family home, all in accordance with Section 254of the County Law.CA-48-10CAB:ca/G-1332-F3/8/10Fiscal Impact: Statement will be attached to resolution creating

Part County Sewer District No. 6 when submitted to Legislature.

APPROVED

1C, —WILLIAM R. STEINHAUSCOUNTY EXECUTIVE

nrfoAdL $0(0Date.

STATE OF NEW YORKss:

COUNTY OF DUTCHESS

This is to certify that1, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th daMarch, 2010, and that the same is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand anfyseal of said Legislature this 8th day of Marth, 2010.

ay of

(llANNJCLERK OFTHtfLEGISLATUREfP1 ]

ATTACHMENT A

DUTCHESS COUNTY PART-COUNTY SEWER DISTRICT NO, 6

Part-County Sewer District No. 6 shall include all those properties presentlyindicated by the tax parcel grid numbers below:

ZONE OF ASSESSMENT A6272- 07-5148646272- 07-5318576272- 07-5068476272- 07-5038406272- 07-5228326272- 06-4908166272- 06-4798006272- 06-4598056272- 06-4508186272- 06-4548306272- 06-4737856272- 06-4567956272- 06-4557896272- 06-4717766272- 06-4537846272- 06-4517786272- 06-4787656272- 06-4407726272- 06-4707536272- 06-4437636272- 06-4617506272- 06-4407566272- 10-4717356272- 10-4367496272- 10-452731

.6272- 10-4297386272- 10-4467266272- 10-4257296272- 10-4137396272- 10-3957186272- 10-4087436272- 10-4037466272- 10-3907246272- 10-3967456272- 10-3837296272- 10-3787366272- 06-3907526272- 06-3837566272- 10-3737366272- 10-3577376272- 06-3747626272- 06-3677636272- 10-3537466272- 10-3487476272- 06-3617676272- 06-3427506272- 06-3517726272- 06-334754

6272- 00-2429396272- 00-3103856272- 00-2833856272- 00-3463806272- 00-2563656272- 00-3103616272- 00-2853626272- 00-2493416272- 00-3053466272- 00-2443216272- 00-2823366272- 00-2803306272- 00-2952766272- 00-2303106272- 00-2692716272- 00-2442746272- 00-2572116272- 00-2982026272- 00-2372386272- 17-2352176272- 17-2332096272- 17-2301956272- 17-2191826272- 17-2251626272- 00-2883126272- 10-4077206272- 10-4037006272- 10-4747216272- 09-2056036272- 14-3294736272- 13-2464356272- 14-2714416272- 00-3124106272- 00-2223456272- 00-234295

6272- 10-4226786272- 10-3926866272- 10-4216566272- 10-4086636272- 10-3856736272- 10-4046526272- 10-3856586272- 10-3786566272- 10-3986406272- 10-3716566272- 10-3886366272- 10-3686506272- 10-3586396272- 10-3955626272- 10-3436176272- 10-3346066272- 10-3306016272- 10-328593-

6272- 10-3175886272- 10-2826176272- 10-3385606272- 10-3145646272- 10-3245466272- 10-3075606272- 10-2995606272- 10-2925496272- 10-2895386272- 10-3195286272- 10-3185196272- 10-2865266272- 10-3175126272- 10-2855136272- 10-3245036272- 10-2815046272- 14-3204936272- 14-2794956272- 14-3094846272- 14-2784856272- 14-2784676272- 14-2714516272- 14-3024616272- 00-3404556272- 00-3044496272- 00-2424266272- 00-2674296272- 00-3504216272- 00-2934196272- 00-310400

6272- 10-4447206272- 10-4557236272- 10-4597226272- 10-4507226272- 10-4507026272- 10-4557046272- 10-4607036272- 10-4667236272- 10-4647026272- 10-4707206272- 10-4727026272- 10-4787216272- 10-4777016272- 10-4827216272- 10-4826996272- 10-4857226272- 10-4856916272- 10-4907196272- 10-4916896272- 10-4997146272- 10-4986896272- 11-5087226272- 11-5066906272- 11-5126896272- 11-5237276272- 11-5206896272- 11-5267126272- 11-5306956272- 11-5327116272- 11-5356946272- 11-5387116272- 11-5446886272- 11-5467116272- 11-5536696272- 11-5537156272- 11-5577096272- 11-5676596272- 11-5676866272- 11-5707076272- 10-4407066272- 10-4197156272- 10-4027106272- 10-4167076272- 10-4426886272- 10-4137026272- 10-4316946272- 10-4336776272- 10-404688

:

ZONE OF ASSESSMENT B ,

6272- 10-2505656272- 10-2635806272- 10-3125836272- 10-2735546272- 10-3025746272- 10-2875986272- 10-2855696272- 10-2625916272- 10-273583

i

IFISCAL IMPACT STATEMENT

0 NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONS(To be completed by requesting department)

Total Current Year Cost $

Total Current Year Revenue $and Source

Source of County Funds (check one): D Existing Appropriations, Ocontingency,OTransfer of Existing Appropriations, Additional Appropriations, 0 Other (explain).

identify Line Items(s):

Related Expenses: Amount $Nature/Reason:

Anticipated Savings to County:

Net County Cost (this year):Over Five Years:

Additional Comments/Explanation:

Prepared by: Bridget Barclay

DuLpdf

DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY27 HIGH STREET

POUGHKEEPSIE, NEW YORK 12601Tel. (845) 486-3601Fax (845) 486-3610

MEMORANDUM

TO: Executive OfficeCounty AttorneyBridget Barclay, Executive DirectorMarch 8, 2010.Resolution Requests: Scheduling a Public Hearing on Creation of Part-CountySewer District No. 6 (Red Hook Sewer District)

cc:FROM:DATE:RE:

The Authority previously requested a resolution to schedule a public hearing for the creation Part-County Sewer District No.6 (Red Hook.) The resolution was adopted by the Legislature at itsJanuary meeting, and a public hearing scheduled for the February 10, 2010 meeting. Due toinclement weather, the board meeting was postponed to February 11th, and the public hearing heldat that meeting. Subsequently, the question was raised of whether the public hearing waslegitimate, given that there was no public notice provided for the rescheduled hearing.While we understand that the Legislature acted properly and in accordance with its rules topostpone the board meeting and to notify the public of the postponed meeting, we asked our legalcounsel and bond counsel to review the specific issue of required notice for a rescheduled publichearing. They provide to us an Opinion of the State Comptroller which states that, “Where apublic hearing on a proposed local law is postponed, a new hearing must be scheduled and a newlegal notice published in the same manner as was done for the original hearing.” While the issueat hand involves creation of a Part-County Sewer District as opposed to adoption of a local law,NYS County Law governing each of these processes requires that a public hearing be held and beproperly noticed. Accordingly, we are requesting that a new public hearing be scheduled andheld by the County Legislature.Background information on the proposed Red Hook Sewer District

Working in conjunction with the Village and Town of Red Hook, the Authority has completed anEngineering Report for the Red Hook Sewer Project, to provide sewer services to 189 propertiesin the existing commercial corridor of the Village and Town along Broadway (NYS Route 9) andMarket Street (NYS Route 199.) Wastewater treatment capacity would be provided through theacquisition and expansion of the existing Red Hook Commons Wastewater Treatment Plant. TheAuthority is requesting the creation of Part County Sewer District No. 6 to include all parcelswithin this area.The Authority is providing to the County a Map, Plan and Report that identifies the specificparcels to be included in Part-County Sewer District No. 6, and describes the improvements thatwill be constructed in order to provide sewer service to Part-County Sewer District No. 6. Theproposed Part County Sewer District No. 6 will include a total of one hundred and eighty-eight(189) tax parcels, consisting of one hundred and seventy-three (173) developed commercial andresidential properties, and sixteen (16) vacant lots. The proposed Sewer District will becomprised of two Zones of Assessment, as specified in the Map, Plan and Report. Zone of

Assessment B will include those ten parcels currently within the existing service area of the RedHook Commons Sewer Transportation Corporation. Zone of Assessment A will include theremaining 179 parcels.

As presented in the Map, Plan and Report, the estimated capital expenditure for the constructionof the sewer system is $7,600,000. The average annual cost for the typical property, a smallcommercial property within Zone of Assessment A, will be $765. The average annual cost for atypical single family home will also be $765.Please find attached the original resolution to schedule the public hearing.Please direct any questions to Bridget Barclay at Ext. 3623

Thank you.

!

Roll call vote on the foregoing Resolution No. 2010039 resulted as follows:

AYES: 24- Rolison, Cooper, Flesland, Goldberg, Kuffner, Doxsey, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.

NAYS: 0 ABSENT: 1-Bolner

Resolution adopted.

FAMILY & HUMAN SYS


RE: AUTHORIZING ACCEPTANCE OF TWO 2008 SUBARU IMPREZAVEHICLES FROM LEXINGTON CENTER FOR RECOVERY, INC.

LEGISLATORS HORN, ROLISON, ROMAN, MICCIO, and WEISS offer thefollowing and moves its adoption:

WHEREAS, Lexington Center for Recovery, Inc. would like to transfer title oftwo 2008 Subaru Impreza vehicles to Dutchess County, as outlined on the attachedMemorandum of Understanding, and

WHEREAS, the Commissioner of Mental Hygiene and the Commissioner ofSocial Services request authorization to accept said equipment for use by Dutchess County, and

WHEREAS, acceptance of said donation would be in the best interests of theCounty, now, therefore, be it

RESOLVED, that the acceptance of two 2008 Subaru Impreza vehicles fromLexington Center for Recovery, Inc. is hereby authorized.

CA-32-10ca/G-01672/11/10Fiscal Impact: See attached statement

APPROVED

WILLIAM R. STEINHAUSCOUNTY EXECUTIVE

Date > /o) . Q?/1)/ OSTATE OF NEW YORK

ss:COUNIY OF DUTCHESS

hcss have compared the foregoing resolution withthe original resolution now on file in the office of said clerk, and which was adopted by/&i LegislaMre on the 8th day of March, 2010, and that thesame is a true and correct transcript of said original resolution and of the whole thereof, \

IN WITNESS WHEREOF,1 have hereunto set my hand and seal of sait Legislature thi^Sth day of March, 2010. /

Tills is to certify that I, the undersigned Clerk of the legislature of the County o

1N/CLERJ

FISCAL IMPACT STATEMENT



Total Current Year Cost $ _oTotal Current Year Revenue $ £

and Source

Source of County Funds (check one): D Existing Appropriations, Ocontingency,Transfer of Existing Appropriations, Additional Appropriations, Other (explain).

Identify Line items(s):

Related Expenses: Amount $ £Nature/Reason:

Anticipated Savings to County: $o

Net County Cost (this year): £2Over Five Years: $2

Additional Comments/Explanation:Accept donation of two (2) 2008 Subaru Impreza, one designated for the Department of Mental Hygiene and onedesignated for the Department of Social Services

ViN# JF1GE61638H510058

VIN# JF1GE61688H510010

Prepared by: GERALD A. BRISLEY, II, MBA

Dut.pdf

Memorandum of UnderstandingDutchess County Department of Mental Hygiene

AndDutchess County Department of Social Services

AndLexington Center for Recovery, Inc.

Whereas, the Dutchess County Department of Social Services (DSS) provided fundingthrough the NYS Office of Children and Family Services (OCFS) to the Department ofMental Hygiene (DMH) in 2007 to provide services under the Co-location project and;Whereas, DMH contracted with Lexington Center for Recovery, Inc.(LCR) to providethese Co-location Services, and;

Whereas, LCR purchased furniture, equipment and machines to provide these services,and;

Whereas, LCR operates the only publically funded clinic program in Dutchess Countyproviding treatment to chemically dependent persons, and;

Whereas, Dutchess County wishes LCRto continue to provide services to chemicallydependent persons and wishes to support those efforts;

Resolved, after consultation with OCFS, if is agreed that LCR will continue to use allequipment, machines and furniture throughout their useful life, as part of the delivery ofservices to the target population , with the exclusion of the vehicles whose title will besigned over to the County of Dutchess,

LCR agrees to assume responsibility for care and repair of the equipment and to followDutchess County inventory procedures. Inventory records will be made available by LCRto DSS or DMH upon request

All parties agree to abide by the terms of this Agreement.

/MM?Adrienne Marcus, Ph.D., Executive Director, LCR Date

l MJ±Robert Alters, Commissioner, DSS Date

Kenneth ML Glatt, PhD., ABPP, Commissioner, DMH Date

i


AYES: 24- Rolison, Cooper, Flesland, Goldberg, Kuffner, Doxsey, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey. i

NAYS: 0 ABSENT: 1-Bolner

Resolution adopted.

Family & Human Services


REAPPOINTMENT TO THE DUTCHESS COUNTY BOARD OFHEALTH

RE:

Legislators ROLISON, COOPER, and FLESLAND offer the following and moveits adoption:

WHEREAS, the term of Legislator Suzanne Horn as a member of die DutchessCounty Board of Health expired on December 31, 2009, and

WHEREAS, Suzanne Horn has expressed an interest to be reappointed to suchboard, now, therefore, be it

RESOLVED, that the Dutchess County Legislature does hereby reappointSuzanne Horn as a member of the Dutchess County Board of Health for a term of six years,said term commencing onJanuary 1, 2010, and expiring on December 31, 2015.

|


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said origins Solution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of sail jislature this 8th day of March* 2010.

UPATRICIA J. HOH OF THF/


AYES: 21-Rolison, Cooper, Flesland, Doxsey, Horn, Borchert, Sadowski, Roman,White, Jeter-Jackson, Weiss, Incoronato, MacAvery, Miccio, Forman,Traudt, Horton, Hutchings, Thornes, Surman, Kelsey.

NAYS: 3-Goldberg, Kuffner, Tyner.

ABSENT: 1-Bolner.Resolution adopted.

Family and Human Services


RE: APPOINTMENTS TO THE VETERANS AFFAIRS COMMITTEE

Legislators ROLISON, COOPER, FLESLAND, GOLDBERG, and KUFFNER offer the followingand move its adoption:

WHEREAS, by Resolution No. 314 of 1995, the Dutchess County Legislature did create a VeteransAffairs Committee to advise the County Legislature with respect to those matters relating to veterans affairsto consist of eight member veterans from the private sector and four county legislators to be appointed byand serve at the pleasure of the Chairman of the County Legislature subject to confirmation by the CountyLegislature, and

WHEREAS, by Resolution No. 376 of 2007 the Dutchess County Legislature did reactivate theVeterans Affairs Committee, and amend Resolution No. 314 of 1995 to assign staggered terms of two yearsto appointments with expiration dates of November 30th, and

WHEREAS, there are currently two vacancies, by reason of the expiration of terms of Robert Searsand Peter Wassell, for county legislators on the Veterans Affairs Committee and LegislatorsJosephIncoronato and Daniel Kuffner have expressed a desire to become members of the Veterans AffairsCommittee, now, therefore, be it

RESOLVED, that Legislators Joseph Incoronato and Daniel Kuffner are hereby appointed to theVeterans Affairs Committee for terms ending November 30, 2011, or such time as they cease to serve aslegislators.

APPROVED


Date / Q . Q O / f t

STATE OF NEW YORK

COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on Fde in the office of said clerk, and which was adopted by said Legislature on the 8th day of March,2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF,1 have hereunto set my hand and seal of said Legislature t



NAYS: 0 ABSENT: 1-Bolner.

Resolution adopted.

:

EnvironmentRESOLUTION NO. 2010043

RE: APPOINTMENT TO THE REGION 3 FOREST PRACTICE BOARD

Legislators ROLISON, COOPER, FLESLAND, BORCHERT, and MICCIO offerthe following and move its adoption:

WHEREAS, there exists a vacancy on the Region 3 Forest Practice Board byreason of the expiration of the term of Thomas Mansfield, and

WHEREAS, pursuant to Article 11, Section 9-0705 of the EnvironmentalConservation Law, the Chairman of the Dutchess County Legislature has made thefollowing appointment to such board, now, therefore, be it

RESOLVED, that the Dutchess County Legislature does hereby ratify andconfirm the following appointment to the Region 3 Forest Practice Board for the term setforth:

APPOINTMENT TERM

Benjamin Traudt20 Church Street #2Red Hook, NY 12571

12/31/11

APPROVED

WILLIAM R . STEINHAUSCOUNTY EXECUTIVE

Date ^n/lCLhQh iQ . 3D l Q

STATE OF NEW YORKSE

COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of unty of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk/and whicKwas adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand an I seal of said /legislature this ftotfllay of Maaih, 2010.

la* A J. H< >F/TI rSLATURE




Resolution adopted.


RE: APPOINTMENT AND REAPPOINTMENT TO THE DUTCHESS COUNTYSOIL AND WATER CONSERVATION BOARD

Legislators ROLISON, COOPER, FLESLAND, GOLDBERG, KUFFNER and KELSEYoffer thefollowing and move its adoption:

WHEREAS, vacancies exist on the Dutchess County Soil and Water Conservation Board by reasonof the expiration of the terms of Legislators James J. Miccio and Margaret Fettes, and

WHEREAS, Legislator Alison MacAvery has expressed an interested to be appointed to said Board,and

WHEREAS, Legislator James J. Miccio have expressed a desire to be reappointed to said Board, now,therefore, be it

RESOLVED, that the Dutchess County Legislature does hereby appoint Legislator Alison MacAveryand reappoint Legislator James J. Miccio to the Dutchess County Soil and Water Conservation Board for theterms specified below:

APPOINTMENT TERM ENDMG

1/1/10-12/31/10Legislator Alison MacAvery10 Driscoll RoadFishkill, NY 12524

REAPPOINTMENT TERM ENDING

1/1/10-12/31/10Legislator JamesJ. Miccio24 Broad StreetFishkill, NY 12524

APPROVED


Date l~ fyJo. la) , o


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the legislature of the County of Dutchess Have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8thjUay of Marcll 2010, and that the same is a tme and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said legislature this?

PAv OF THE

:



:


Resolution adopted.


RE: APPOINTMENTS TO THE DISTRICT 3 FISH AND WILDLIFEMANAGEMENT BOARD

Legislators ROLISON, COOPER, and FLESLAND offer the following and moveits adoption:

WHEREAS, pursuant to Article 11, Section 11-0501 of the EnvironmentalConservation Law of the State of New York, the Chairman of the Legislature shallappoint members to the District 3 Fish and Wildlife Management Board, subject toconfirmation by the County Legislature, and

WHEREAS, vacancies exist on such board by reason of the expiration of theterms of Thomas Mansfield and Robert Weiss, and

WHEREAS, Legislator Rob Weiss would like to be reappointed and LegislatorSuzanne Horn desires to be appointed to such board, and the Chairman of the Legislaturedoes hereby appoint Rob Weiss and Suzanne Horn to said Board, now, therefore, be it

RESOLVED, that the following appointments to the District 3 Fish and WildlifeManagement Board are hereby confirmed by this Legislature for the term indicated:

APPOINTMENT TERM ENDING

Rob Weiss1459 Route 82Hopewell Junction, NY 12533

12/31/11

Suzanne HornCedar Crest Farm, 1971 Route 44Pleasant Valley, NY 12569(Alternate)

12/31/11APPROVED

WILLIAM R, STEINHAUSCOUNTY EXECUTIVE

Date wrKadLWS? . 8010STATE OF NEW YORKss:

COUNTY OF DUTCHESS

Tliis is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8di day ofMarch, 2010, and that the same is a true and correct transcript of said original

IN WITNESS WHEREOF, I have hereunto set my hand and s/al of sajd legislature this 8th day of March, 2(5110.tion and of the whole thereof.

In




Resolution adopted.

EnvironmentRevised 3-4-10


RE: APPOINTMENT AND REAPPOINTMENT TO THE DUTCHESSCOUNTY RESOURCE RECOVERY AGENCY

Legislators BOLNER, MACAVERY, and TRAUDT offer the following and moveits adoption:

WHEREAS, a vacancy exists on the Dutchess County Resource Recovery Agency,and

WHEREAS, Maurice Edward Kinkadehas indicated a desire to be appointed to suchboard and Edward J. Mills, HI has indicated a desire to be reappointed, subject toconfirmation of the Legislature, now, therefore, be it

RESOLVED, that the Dutchess County Legislature does hereby confirm theappointment of Maurice Edward Kinkadeand the reappointment of Edward J. Mills, mto expire on the 31st day of December, 2012.

TermAPPOINTMENT

1/1/10-12/31/12Maurice Edward K/ nkadt819 VanWagner RoadPoughkeepsie, NY 12601( Replaces Christine Chale)

REAPPOINTMENT

Edward J. Mills, III16 Miller RoadPoughkeepsie, NY 12603 1/1/10-12/31/12


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have cowith the original resolution now on file in the office of said clerk, and which was adopted by said Legislatureyrfn die S^ tjay of March, 2010, andthat the same is a true and correct transcript of said original resolution and of the whole thereof. / I ,

the foregoing resolution

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 8,h drfy of Map*,£010.

/A'


AYES: 23- Rolison, Cooper, Flesland, Goldberg, Kuffner, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.

NAYS: 1- Doxsey. ABSENT: 1-Bolner.Resolution adopted.

DutchessCounty

Executive

- 22 Market StreetPoughkeepsie

New York12601

(845) 486-2000Fax (845) 486-2021

William R. SteinhausCounty Executive

Memorandum

All LegislatorsTo:

From: William R. SteinhausDutchess County Executive

Resolution Nos. 2010064 and 2010046Re:

March 16, 2010Date:

Absent any analysis, research and/or financial details which the Legislature reviewed tocome to its conclusion regarding the Central Hudson proposed rate increase, I am unableto approve or disapprove Resolution No. 2010064 and therefore return it unsigned.

With no in-depth legislative review of the finances of the company to warrant theconclusions in the resolution, it appears the resolution is a political statement.

It is the responsibility of the New York State Public Service Commission to do the indepth financial and operational review necessary to determine if, in the case of CentralHudson, an increase in the electric and gas rate increases is warranted to pay higherexpenses, including higher property taxes.

County legislators do have responsibility to determine other rates that county residentspay... their county property tax rate.

The second whereas of this resolution states “WHEREAS, families, businesses and localgovernments in Dutchess County are still reeling from the effects of one of the worstfinancial crises in our nation’s history; we’ve all had to make painful sacrifices, and weexpect Central Hudson to do the same and forgo this proposed rate hike.”

Many of the legislators who supported this “feel good resolution” asking a utility to forgoa rate increase, even though these words have no authority in the final determination, aresome of the same legislators who voted to increase county spending and levied a higherproperty tax rate on those same families and businesses-like Central Hudson.

Companies and homeowners must deal with higher county property tax rates this year asa result of the 2010 adopted Legislative budget. Imagine the irony and the legislativereaction if Central Hudson’s Board of Directors simply passed a resolution calling on the“rejection” of the property tax rate increase the County Legislature adopted because ofthe “financial crisis”.Central Hudson paid almost $2.6 million in county/local property taxes last year{excluding city of Poughkeepsie}. In 2010, this company like other county companieswill pay double digit property tax increases-in this case this company will pay nearly $3million in their 2010 property tax bill. It seems some legislators who last Novemberraised taxes on businesses now want to obfuscate that tax vote.

I have approved most all the resolutions of various legislative appointments sent me thismonth. However, there is one in particular I will not endorse. Resolution No. 2010046regarding the reappointment of Mr. Edward Mills to the Resource Recovery Agency(RRA) is returned without my support. There has been pointed and extensive criticismand attacks aimed at the RRA by some legislators - most especially by the currentminority caucus. It strains credibility that these same RRA critics have supported thereappointment of an individual with responsibility for the very policies, management andleadership that these legislators claim have failed so miserably. Mr. Mills’ reappointmentto the Board would suggest the call for restructuring and overhaul heard from vocallegislator critics meant little.

Patricia Hohmann, Clerk of the Legislaturecc:

ENVIRONMENT


RE: CONFIRMATION OF APPOINTMENT OF KEALY SALOMONAS COMMISSIONER OF PLANNING AND DEVELOPMENTFOR THE COUNTY OF DUTCHESS

LEGISLATORS ROLISON, COOPER, FLESLAND, MICCIO, WHITE,FORMAN, KELSEY and WEISS offer the following and move its adoption:

WHEREAS, the Commissioner of Personnel has determined that KealySalomon is qualified to perform the duties of the position of Commissioner of Planningand Development, and

WHEREAS, the County Executive has advised that, pursuant to ArticleXII, Section 12.01 of the Dutchess County Charter, he has appointed Kealy Salomon asCommissioner of Planning and Development for the County of Dutchess, now, therefore,be it

RESOLVED, that the appointment of Kealy Salomon as Commissioner ofPlanning and Development for the County of Dutchess is hereby confirmed by thisLegislature.CA-34-10ca/G-01792/16/10

APPROVED


foi . 30/0Date.


COUNTY OF DUTCHESS

'fhis is to certify that1, the undersigned Cicrk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original quotation and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and saal of said Lc/islature this 8th clX/ of March, JlOtO.

>KQMF INLLEKKOFTHE


AYES: 23- Rolison, Cooper, Flesland, Goldberg, Kuffner, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.

NAYS: 1-Doxsey. ABSENT: 1-Bolner.Resolution adopted.

Government Services and Administration


RE: APPOINTMENT TO THE DUTCHESS COUNTY JURY BOARD

Legislators ROLISON, COOPER, and FLESLAND offer the following andmove its adoption:

RESOLVED, that pursuant to Section 503 of the Judiciary Law, the DutchessCounty Legislature does hereby appoint Majority Leader Gary Cooper as a member ofthe Dutchess County Jury Board, and, be it further

RESOLVED, that the Clerk of the Dutchess County Legislature be and she ishereby authorized and directed to file a certified copy of this resolution in the Office ofthe Clerk of the County of Dutchess.

:

APPROVED


Date wn7ct/)oL> ( Q .a&f Q


COUNTY OF DUTCHESS

This is to certify that1, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said origi tion and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and Seal of saidlLegislature this 8th of March, 2010.

m [CTATHOH] fCl/ERKOFTHEL£'


AYES: 24- Rolison, Cooper, Flesland, Goldberg, Kuffner, Doxsey, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miceio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.


Resolution adopted.

Government Services and Administration


RE: APPOINTMENTS TO THE WIRELESS NETWORKCOMMITTEE

Legislators ROLISON, COOPER, FLESLAND, GOLDBERG, and KUFFNER offerthe following and move its adoption:

WHEREAS, by Resolution No. 206155 the Dutchess County Legislature authorizeda creation of a Wireless Network Committee, and

WHEREAS, the Chairman of the Legislature has appointed the following to theWireless Network Committee:

APPOINTMENTS

Alan SurmanP.O. Box 234Pawling, NY 12564(Replacing Legislator Peter Wassell)

James Doxsey55 Buckingham AvenuePoughkeepsie, NY 12601(Replacing Legislator Richard Keller-Coffey)

RESOLVED, that the Dutchess County Legislature hereby confirms the aforesaidappointments to the Wireless Network Committee.

APPROVED


^YKACJ^ ( $ . Q o / f )Date

STA'fE OF NEW YORKss:

COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compare 8,h day of March, 2010,and that the same is a true and correct transcript of said original resolution and of thpjwMe thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal ofsaid Lcgiaatare this 8'1’ day of March, 2010,

ERKOI’A'




Resolution adopted

B,F, & P


RE: AMENDING THE 2010 ADOPTED COUNTY BUDGET AS ITPERTAINS TO THE DEPARTMENT OF PUBLIC WORKS-AVIATION(EA0396)

Legislators BOLNER, BORCHERT, FLESLAND, ROLISON, THOMES andGOLDBERG offer the following and move its adoption:

WHEREAS, Resolution No. 208147 authorized the County Executive to accept agrant offer made by the Federal Aviation Administration (FAA) in connection with theDepartment of Public Works, Aviation Division project under its Airport Capital ImprovementPlan (ACIP) Fiscal Year 2008 Improvement Program for the construction of the GA ApronRehabilitation, and

WHEREAS, Resolution No. 208218 amended Resolution No. 208147 authorizingadditional projects costs and Resolution No. 209077 further amended Resolution No. 208147,and

WHEREAS, change order number 2, the final change order, resulted in furtherincreases/decreases for this project, and

WHEREAS, the FAA concurs with these increased costs, and

WHEREAS, the final project costs will total $552; FAA will grant $524 (95%);the State will provide $14 (2.5%) and Dutchess County will provide $14 (2.5%), now, therefore,be it

RESOLVED, that the Commissioner of Finance is authorized, empowered anddirected to amend the 2010 Adopted County Budget as follows:

APPROPRIATIONSIncrease

Airport Improvements $ 552EA0396.5610.3550

REVENUESIncrease

$ 524EA0396.5610.45890.00EA0396.5610.35890.00EA0396.5610.50310

Federal Aid-AirportState Aid-AirportInterfund Transfers

1414

$ 552

APPROPRIATIONSIncreaseA.9950.9801 as 14Transfer to Capital Project Fund

REVENUESDecreaseA.1990.4007 $ 14General Contingency

CA-36-10 •

CAB/ca/G-01032/17/10Fiscal Impact: See attached statement

APPROVED


Date WYLACJL / (0 . cOO/ n


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution withthe original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that thesame is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said I êgiStaftire this 8th day of March, 2010.

PA'I tNNf

&acJ<^rdu~-riJL.

fe?5. <£>Of <?osoFISCAL IMPACT STATEMENT

D NO FISCAL IMPACT PROJECTED


Total Current Year Cost $ 552


Source of County Funds (check one): dExisting Appropriations, ^Contingency,Transfer of Existing Appropriations, Additional Appropriations, Other (explain).

Identify Line Items(s):


Anticipated Savings to County: _Net County Cost (this year): $14

Over Five Years:

Additional Comments/Explanation:A change order was required by the FAA to complete this project and the contractor is awaiting payment.

Prepared by: Brenda-Jean Fulling, DPW Aviation Division, 463-6002

Dutpdf




Resolution adopted.

GOVERNMENT SERVICES & ADMAMENDED


RE: ESTABLISHING A MILEAGE REIMBURSEMENT POLICY FOR COUNTYLEGISLATORS

Legislators ROLISON, COOPER, FLESLAND, BORCHERT, HORN, HUTCHINGS,MICCIO, ROMAN, FORMAN, SURMAN and WEISS offer the following and move itsadoption:

WHEREAS, the County Legislature is desirous of formalizing its mileage reimbursementpolicy for County Legislators; and

WHEREAS, County Law Section 203 allows the County Legislature to establishreasonable mileage allowances for County Legislators; now therefore, be it

RESOLVED, that in accordance with County Law Section 203, mileage shall bereimbursed to the County Legislators at a rate not in excess of that allowed County employeesfor each mile actually traveled in going from their place of residence to the place of meeting ofthe County Legislature and returning therefrom, by the usually traveled route, for attendance atLegislative Board meetings, for attendance at Legislative Committee meetings, and forattendance at meetings at which a Legislator has been appointed as an official member or liaison;and be it further

RESOLVED, that said mileage will be allowed for each Legislator in actual attendance ofthe member claiming the same and all claims therefor to be presented, audited, allowed and paidin the same manner as other county charges for travel.

AMENDED ON FLOOR 3-8-10 CM

STATE OF NEW YORK

COUNTY OF DUTCHESS

This is to certify that1, the undersigned Clcfk of the Legislature of the County of Dutchess have compared the foregoing resolution withthe original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of Match, 2010, and that thesame is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature Ihi/8th day of March;2810.

1,CLfjlRK OF miRE

Discussion on the foregoing Resolution No. 2010051 resulted as follows:

Legislator Goldberg moved to amend the foregoing resolution, duly seconded by LegislatorKuffner to delete the last two RESOLVES and to replace with the following:

RESOLVED, that the Chairman of the Legislature form a bipartisan committee todraft appropriate guidelines for reimbursement for Legislators and to report back to theLegislature.Roll call vote on the foregoing amendment resulted as follows:

AYES: 8 - Goldberg, Kuffner, Doxsey, White, Jeter-Jackson, Tyner, MacAvery, Horton.NAYS: 16-Rblison, Cooper, Flesland, Horn, Borchert, Sadowski, Roman, Weiss,

Incoronato, Miccio, Forman, Traudt, Hutchings, Thornes, Surman, Kelsey.

ABSENT: 1-Bolner.

Amendment defeated.

Legislator Miccio moved to Call the Question, duly seconded by Legislator Cooper.Roll call vote on the foregoing motion resulted as follows:

AYES: 14-Rolison, Cooper, Flesland, Borchert, Sadowski, Roman, Weiss, Incoronato,Miccio, Traudt, Horton, Hutchings, Thornes, Surman.

NAYS: 10-Goldberg, Kuffner, Doxsey, Horn, White, Jeter-Jackson, Tyner, MacAvery,Forman, Kelsey.

ABSENT: 1-Bolner.

Motion defeated.Legislator White moved to amend the last Resolved to remove the words upon proof ofthe and add the word in, duly seconded by Legislator Horn and unanimously carried byvoice vote.

RESOLVED, that said mileage will be allowed for each Legislator in actual attendance ofthe member claiming the same and all claims therefor to be presented, audited, allowedand paid in the same manner as other county charges for travel.Roll call vote on the foregoing amendment resulted as follows:

AYES: 24-Rolison, Cooper, Flesland, Goldberg, Kuffner, Doxsey, Horn,

Borchert, Sadowski, Roman, White, Jeter-Jackson, Tyner,Weiss, Incoronato, MacAvery, Miccio, Forman, Traudt, Horton,Hutchings, Thornes, Surman, Kelsey.

NAYS: 0

ABSENT: 1-Bolner.Amendment adopted.

Legislator Kuffner moved to table the foregoing resolution, duly seconded by LegislatorGoldberg and defeated by voice vote.Legislator Weiss, duly seconded by Legislator Borchert moved to “Call the Question”

Roll call vote on the foregoing motion resulted as follows:

AYES: 18-Rolison, Cooper, Flesland, Horn, Borchert, Sadowski, Roman, White,Jeter-Jackson, Weiss, Incoronato, Miccio, Forman, Traudt, Hutchings,Thornes, Surman, Kelsey.

NAYS: 6-Goldberg, Kuffner, Doxsey, Tyner, MacAvery, Horton.

ABSENT: 1-Bolner.

Motion adopted.Roll call vote on the foregoing Resolution No. 2010051 resulted as follows:

AYES: 16 - Rolison, Cooper, Flesland, Horn, Borchert, Sadowski, Roman, Tyner,Weiss, Incoronato, Miccio, Forman, Traudt, Hutchings, Thornes, Surman.

NAYS: 8

ABSENT: 1-Bolner.

Resolution adopted.

Public SafetyRESOLUTION NO. 2010052

ACCEPT GRANT FROM THE COMMUNITY FOUNDATION(THE AREA FUND) AND AMENDING THE 2010 ADOPTEDCOUNTY BUDGET AS IT PERTAINS TO THE SHERIFF (A.3110.25)

RE:

:LEGISLATORS ROMAN, FLESLAND, HORN, HORTON, and WEISS offer thefollowing and moves its adoption:

WHEREAS, the Sheriff has advised that a grant made by the John T. SloperCommunity Fund for the Community Foundation of Dutchess County has been awarded to the Countyin the sum of $2,500, and

WHEREAS, the grant is identified as grant number 20090252 and funds are to be usedto purchase two foldable Medivac floatation litters for patrol boat for lifting and transporting patientsduring medical emergencies on the Hudson River and Whaley Lake, and

WHEREAS, it is necessary for this Legislature to authorize the acceptance of the grantand to amend the 2010 Adopted County Budget to provide for the receipt and expenditure of saidfunds, now therefore, be it

RESOLVED, that this Legislature hereby authorizes the County Executive to accept thegrant award from the Community Foundation in connection with the above project, and be it further

RESOLVED, that the Commissioner of Finance is hereby authorized, empowered anddirected to amend the 2010 Adopted County Budget as follows:


Other EquipmentA.3110.25.4750

REVENUESIncrease

Other Public Safety-Local GrantsA.3110.25.15890.06

CA-27-10ca/C-80462/10/10Fiscal Impact: See attached statement WILLIAM R. STEINHAUS

COUNTY EXECUTIVESTATE OF NEW YORK

f Q . o)Q/ C)ss: DateCOUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true andcorrect transcript of said original resolution and of the whole thereof.

of March, 2010.IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislatux




Total Current Year Cost $ 2.500

Total Current Year Revenue $ 2’5Q0

and Source

Source of County Funds (check one): D Existing Appropriations, Dcontingency,Transfer of Existing Appropriations, 0 Additional Appropriations, Other (explain).

Identify Line Items(s):A.3110.25.4750A.3110.25.15890.OG




Additional Comments/Explanation:The Sheriffs Office has been awarded a Grant Award in the amount of $2500 from the Community Foundation ofDutchess County. The purpose of the Grant is to purchase two foldable Medivac floatation litters for patrol boat for liftingand transporting patients during medical emergencies on the Hudson River and Whaley Lake. The County Executive hassigned the agreement in addition to Sheriff Anderson. We are requesting authorization to accept payment in the amountof $2500 and appropriation to the Sheriffs Operating Budget for purchase.

Prepared by: Maureen Sarigianis

Out.pdf

COMMUNITY FOUNDATIONServing Dutchess, Putnam and Ulster Counties

(Legal name The Area Fund)

80 Washington Street, Suite 201Poughkeepsie, NY 12601

845-452-3077

GRANT AGREEMENTJOHN T. SLOPER COMMUNITY FUND

The grant to you or your organization from the Community Foundation is for the purposedescribed in your application, subject to any special conditions described in Section Y below. TOACKNOWLEDGE THIS AGREEMENT, TO ACCEPT THE GRANT, AND TO BE ELIGIBLETO RECEIVE THE FUNDS, PLEASE SIGN THE GRANT AGREEMENT AND RETURN IT TOTHE FOUNDATION. A countersigned Grant Agreement will be returned with the payment of thegrant.

DATE AUTHORIZED: November 24, 2009

GRANTEE: Dutchess County Sheriffs Office

AMOUNT: $2,500.00

GRANT NUMBER: 20090252

GRANT PROJECT TITLE AND PURPOSE: Sheriff Marine Unit Medical Equipment. Purchaseof two foldable Medivac floatation litters for patrol boats for lifting and transporting patientsduring medical emergencies while on the Hudson River and Whaley Lake.

L PUBLIC ANNOUNCEMENT:

Since the Community Foundation is a public foundation, we believe it is important that the publicbe told of our grants. We would be pleased to cooperate with you in any publicity effort aboutour gift that might further the general efforts of your program and explain the role of theFoundation to the community. All recognition of this grant must indicate that it was made bythe John T. Sloper Community Fund of the Community Foundation of Dutchess County.Use of just the fund name is not appropriate.

n. GRANT PAYMENT:

A check in the amount of the grant will be issued upon receipt of a signed Grant Agreement. Ifyou prefer for the Foundation to hold payment until requested you should indicate as such whenyou return the signed Grant Agreement.

HI. EXPENDITURE OF FUNDS:

This grant is to be used only for the purpose described in your grant request and stated above, inaccordance with the approved budget. The program is subject to modification only with theFoundation’s prior written approval.• The grantee shall return to the Community Foundation any unexpended funds

1. at the conclusion of the project funded.

C'Mlo

2. if the Foundation determines that the grantee has not performed in accordance withthis agreement and approved program/budget.

3. if the grantee loses its exemption from Federal Income Taxes under Section 501(c)(3) of the Internal Revenue Code.

No funds provided by the Foundation may be used for any political campaign, or to supportattempts to influence legislation by any governmental body, other than through makingavailable the results of nonpartisan analysis, study, and research.The grantee is responsible for the expenditure of funds and for maintaining adequatesupporting records consistent with generally accepted accounting practices.The Foundation reserves the right to examine the progress of any grant funded. If, in thejudgment of the Foundation, a grant has not adequately achieved its originally stated goalsand objectives, the Community Foundation reserves the right to terminate the grant and ceasemaking further payments, or require that the recipient return any portion or all of thepreviously paid grant at the point in time the Foundation deems it appropriate.

IV. INDEMNIFICATION

Grantee accepts responsibility for complying with this agreement’s terms and conditions and willexercise full control over the grant and the expenditure of grant funds. The Grantee agrees toindemnify and hold the Community Foundation harmless from any claims that may ever beasserted against it arising from the Grantee’s activities under this agreement.

V. REPORTS TO THE COMMUNITY FOUNDATION:

At the conclusion of the project funded, a financial report and project evaluation shall be providedto the Foundation. If the project has not been completed within one year of the date of the grant,an interim report is required. In some cases, quarterly or semi-annual reports will be requested,and this will be noted in Section V as a special condition of the grant. The Foundationappreciates receiving photos or other graphics in relation to the grant for use in its AnnualReport, etc.

VI. SPECIAL CONDITIONS OF THE GRANT:

• All recognition of this grant must indicate that it was made by the John T. SloperCommunity Fund of the Community Foundation of Dutchess County. Use of just thefund name is not appropriate.

Project/Program must be completed by December 31, 2010 or this grant willexpire.D : COUNTY OF DUTCHESS/ „ /

12 /04/09Signature of Organization Director

William Steinhaus /. Adrian H AndersonCounty Executive

DateAPPROVED AS TO FORM:

Sheriff J

Print or type name and title County Attorney

For the Community FoundationDavid Ringwood - Vice President, Development

Date




Resolution adopted.

.

i

Public Safety


RE: AMENDING THE 2010 ADOPTED COUNTY BUDGET AS ITPERTAINS TO THE SHERIFF (A.3110.25)

LEGISLATORS ROMAN, FLESLAND, HORN, HORTON, MICCIO,and WEISS offer the following and moves its adoption:

WHEREAS, the Sheriff has requested that the 2010 Adopted CountyBudget be amended to include appropriations and revenues for a new LiveScanfingerprinting system in the Sheriff’s Pistol Permit Bureau, and

!

WHEREAS, the LiveScan system is used to take fingerprints and submitthem to NYS for background checks, and

WHEREAS, as the Sheriff was not aware of the costs at the time of the2010 budget submission, the expense and revenue for the system were not factored intothe Sheriffs Office 2010 operating budget, now, therefore, be it

RESOLVED, that the Commissioner of Finance is authorized, empoweredand directed to amend the 2010 Adopted County Budget as follows:


$85.000A.3110.25.4404 NYS Assessments & Fees

REVENUESIncrease

$85.000A.3110.25.15100.08 Fees Collected-Fingerprint System

APPROVEDCA-29-10KPB/ca/G-02242/10/10Fiscal Impact: See attached statement WILLIAM R. STEINHAUS

COUNTY EXECUTIVESTATE OF NEW YORK ss:COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the the foregoingresolution with the original resolution now on file in the office of said clerkfSflt’dBich was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of the whole thereof. ~

IN WITNESS WHEREOF, I have hereunto set my hand and seal of saidJLcjjlislature this 8th of March!2010.

>ATR IN/CLERICOF' lETJi( ATURE




Total Current Year Cost $ 85,ooo

Total Current Year Revenue $ 90’000

and Source

Source of County Funds (check one): D Existing Appropriations, Ccontingency,Transfer of Existing Appropriations, 0 Additional Appropriations, Other (explain).

Identify Line items(s):A.3110.25.4404 NYS Assessments & Fees „ ,A.3110.25.. J£)OD„^Revefwe-tQ-be-assienedTorr feesA Ctvi


Anticipated Savings to County: $5,000


Additional Comments/Explanation:Resolution to amend the 2010 Sheriffs Budget to include the appropriations and revenues for their new Live Scanfingerprinting system. This system is used to take fingerprints and submit to NYS for background checks. The expensesand revenues for the system were not factored in to the Sheriff’s Office 2010 operating budget. Each pistol permitapplicant pays a fee of $105.25 and the Sheriffs Office then pays NYS $99 per applicant so the county actually sees asmall profit. In 2009 there were 862 applications processed. We are estimated $90K in revenue and $85K inappropriations for 2010. .b&ca.usd. 'MiL hmsf tu baJa.ncud , bcUtL Qjdpraps *OLYI. irtar&A&edL hdtoeti&r, LUL. ptftjad 4a ^&K iKV Y-co£nuj .

Prepared by: Maureen Sarigianis

Dutpdf


Legislator Miccio, moved to Call the Question, duly seconded by Legislator Cooper andunanimously carried by voice vote.




Resolution adopted.

Public Safety


RE: AMENDING THE 2010 ADOPTED COUNTY BUDGET ASIT PERTAINS TO THE DISTRICT ATTORNEY (A.1165.05)

Legislators ROMAN, FLESLAND, FORMAN, HORTON, BORCHERT, and WEISSoffer the following and moves its adoption:

WHEREAS, the District Attorney has requested the appropriation of forfeiture of crimeproceeds, and

WHEREAS, pursuant to Article 13-A of the CPLR, said funds must be used to enhanceprosecutorial and law enforcement efforts and not to supplement ordinary budgetary expenses, and

WHEREAS, the District Attorney has requested that the sum of $54,419 be placed invarious District Attorney Asset Forfeiture accounts to be used for law enforcement efforts, now therefore,be it

RESOLVED, that the Commissioner of Finance is authorized and directed to amend the2010 Adopted County Budget as follows:


$ 25,46213,171

A.1165.05.2500.01A.1165.05.4160A.1165.05.4650A.1165.05.4102A.1165.05.4631A.1165.05.4620.72A.1165.05.4760A.1165.05.4710

Other EquipmentOffice Stationery & SuppliesShipping/FreightParts & Supplies/Auto EquipTraining, Seminars & ConfsEmployee TravelComputer Software-NDComputer

2002,0004,0003.5003,5862.500

$ 54.419

REVENUESIncrease

$ 54.419A.9998.95110.01 Asset Forfeiture State Reserve

CA-31-10ca/G-01352/10/10

APPROVED

WILLIAM R . STEINHAUSCOUNTY EXECUTIVEFiscal Impact: See attached statement

STATE OF NEW YORK

cl. /Q . <510/0SS: DateCOUNTY OF DUTCHESS

is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution withthe original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that thesame is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said legislature this ith day of March, 2010.

m[N/CLERKOFTHEyATRIC1A J. H -URE




Total Current Year Cost $ 54,419

Total Current Year Revenue $ 54’419

and Source

Source of County Funds (check one): D Existing Appropriations, Ccontingency,Transfer of Existing Appropriations, Additional Appropriations, 0 Other (explain).

Identify Line Items(s):See attached sheet



Net County Cost (this year):Over Five Years: _

Additional Comments/Explanation:This resolution is to appropriate'Fedefal and State Asset Forfeiture funds to enable the purchase of equipment, etc. listedon the attached Asset Forfeiture Expenditure sheet.

Prepared by: Gina Barry/Deb Patora

Dulpdf

Asset Forfeiture Expenditures

2500.01-Other Equipment Program

Rescue-Phone for Hostage Negotiation 16,300.00 City of Beacon Police3 Body Wires/Microphones @ $3,054 each 9,162.00 Drug Task Force

Total-2500: 25,462.00

4160-Office Stat & SuppliesMiscellaneous Office Supplies 5,000.00 District Attorney's Office25 copies of NYPTI Publication "Winning Trial Strategies" 408.00 District Attorney's Office4 Drawer File Cabinet 879.00 District Attorney's Office

District Attorney's OfficeTypewriter 450

Laptop Computer Case 60.00 Family Court6 table bases @ $170 each 1,020.00 DCFIG/Impact6 table tops @ $330 each 1,980.00 DCFIG/Impact6 chair packs (4 chairs) @ $252 each 1,512.00 DCFIG/Impact

120.00 District Attorney's Office1 Desk Chair @ $1201 Back Support for Chair $58.00 District Attorney's Office58.001 Desk Chair @ $270 270.00 District Attorney's Office1 Desk Chair @ $680 680.00 Grand Jury2 External Hard Drives @ $99 each 190.00 District Attorney's Office

District Attorney’s OfficeInk for Color Printers 400.00Maintenance Kit for color printer 144.00 District Attorney's Office

Total: 13,171.00

TRAINING, SEMINARS & CONFERENCES - 4631Conference and seminar fees (DA's Summer Conf., CLE

courses), etc. 4000.00 District Attorney's OfficeTotal: 4000.00

EMPLOYEE TRAVEL & EXPENSE - 4620.723500.00 District Attorney's OfficeAirfare, hotel, etc for Summer Conf, Mandatore CLE,etc.

Total: 3500.00

SHIPPING/FREIGHT - 4650Shipping for Rescue -Phone 200.00 City of Beacon Police

Total: 200.00

PARTS & SUPPLIES - AUTO EQUIPMENT - 4102District Attorney's OfficeEmergency Lights for District Attorney Vehicle 2,000.00

Total: 2,000.00

COMPUTER SOFTWARE - 4760-NDEcopy program licenses (20 license pack), incl. installation 3,586.00 District Attorney's Office

Total: 3,586.00

JANUARY 2010 resoiution.xls1/25/2010 1

Asset Forfeiture Expenditures

COMPUTER - 47101,300.00 Family CourtComputer laptop1,200.00 District Attorney's OfficeColor printer

Total: 2,500.00

54,419.00TOTAL TO BE APPROPRIATED:

TOTALS BY PROGRAMDrug Task Force: 9,162.00

City of Beacon 16,500.00DCFIG/Impact 4,512.00

Family Court 1,360.00Dutchess County District Attorney's Office: 22,885.00

TOTAL TO BE APPROPRIATED: 54,419.00

!

JANUARY 2010 resolution.xls21/25/2010



(NAYS: 0 ABSENT: 1-Bolner.Resolution adopted.

!

Public SafetyRevised 3/2/10

AmendedRESOLUTION NO. 2010055

RE: APPOINTMENTS TO THE E-911 MAINTENANCE BOARD

Legislators ROLISON, COOPER, FLESLAND, GOLDBERG, KUFFNER,HORTON and MICCIO offer the following and move its adoption:

WHEREAS, the E-911 Maintenance Board was created pursuant to ResolutionNo. 990379, and, be it

RESOLVED, that Legislator Robert Weiss be designated as the Majorityappointment and that he be appointed to fill the unexpired term of Legislator Fettesending March 31, 2011; Legislator Kenneth Roman be designated as the Majorityappointment and that he be appointed to fill the unexpired term of Legislator David Kellyending March 31, 2010; and Legislator Barbara Jeter-Jackson be designated as the Minorityappointment term ending March 31, 2011.

TERMAPPOINTMENT\

April 1, 2008-March 31, 2011Robert Weiss1459 Route 82Hopewell Junction, NY 12533(Majority Appointment)

April 1, 2007-March 31, 2010Kenneth Roman79 Delavergne AvenueWappingers Falls, NY 12590(Majority Appointment)

ApriH^ -îy, 2011Barbara Jeter-Jackson43 Lent StreetPoughkeepsie, NY 12601(Minority Appointment)

WILLIAM R . STEINHAUSCOUNTY EXECUTIVEAmended in Public Safety Committee 3/4/10 lw

STAT17, OF NEW YORK

.6/0fOss:COUNTY OF DUTCHESS Date.

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of die whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said legislature this Bthjday of March, 2010.

I, ( II.EH THE Hra lWATU'REfPA" rSir

Public SafetyRevised 3/2/10

AmendedRESOLUTION NO. 2010055

RE: APPOINTMENTS TO THE E-911 MAINTENANCE BOARD

Legislators ROLISON, COOPER, FLESLAND, GOLDBERG, KUFFNER,HORTON and MICCIO offer the following and move its adoption:

WHEREAS, the E-911 Maintenance Board was created pursuant to ResolutionNo. 990379, and, be it

RESOLVED, that Legislator Robert Weiss be designated as the Majorityappointment and that he be appointed to fill the unexpired term of Legislator Fettesending March 31, 2011; Legislator Kenneth Roman be designated as the Majorityappointment and that he be appointed to fill the unexpired term of Legislator David Kellyending March 31, 2010; and Legislator Steve White be designated as the Minorityappointment term ending March 31, 2011.

APPOINTMENT TERM

Robert Weiss1459 Route 82Hopewell Junction, NY 12533(Majority Appointment)

April 1, 2008-March 31, 2011

Kenneth Roman79 Delavergne AvenueWappingers Falls, NY 12590(Majority Appointment)

April 1, 2007 -March 31, 2010

Barbara Jeter-Jackson43 Lent SheetPoughkeepsie, NY 12601(Minority Appointment)

Aprill'» Mfe1> 2011


'-rrlxxJbiQ .s/oroAmended in Public Safety Committee 3/4/10 IwSTATE OF NEW YORK

ss:COUNTY OF DUTCHESS Date.

This is to certify that T, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said legislature this Htluday of March, 2010.

ri'plE ITUllE


AYES: 24- Rolison, Cooper, Flesland, Goldberg, Kuffner, Doxsey, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miccio, Forman, Traudt, Horton, Hutchings,Thornes, Surman,Kelsey.


Resolution adopted.

;I

Budget, Finance and PersonnelAmended


RE: APPOINTMENTS TO THE DUTCHESS COUNTY INDUSTRIALDEVELOPMENT AGENCY

Legislators ROLISON, COOPER, BORCHERT, ROMAN, and MICCIO offer thefollowing and move its adoption:

WHEREAS, the Dutchess County Industrial Development Agency was createdpursuant to Section 925 of the General Municipal Law, and

WHEREAS, Section 856 of the General Municipal Law provides that the membersof such agency shall be appointed by the governing board of the municipality and shall serveat the pleasure of such appointing authority, now, therefore, be it

RESOLVED, that the Dutchess County Legislature does hereby appointDavid Tetor and Angela Flesland, as members of the Dutchess County IndustrialDevelopment Agency.

APPOINTMENTS

David R. Tetor5626 Route 82Clinton Corners, NY 12514

Angela E. FleslandAssistant Majority Leader15 Locust RoadPoughkeepsie, NY 12603 APPROVED


ÎQACJL, fQ .3010DateAmended in Budget, Finance, and Personnel 3/4/10 lw


COUNTY OF DUTCHESS

litis is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolutionwith the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, andthat the same is a true and correct transcript of said original resolution and of the ;reof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal hf said Legislature this 8th day/bf March, 20101

J ->A*


Legislator Jeter-Jackson moved to amend the foregoing resolution, duly seconded byLegislator Goldberg, to remove Dave Tetor and Angela Flesland and add the followingRESOLVED:

RESOLVED, that the Dutchess County Legislature does hereby appointRonald Diaz and Daniel Kuffner, as members of the Dutchess County IndustrialDevelopment Agency.Roll call vote on the foregoing amendment resulted as follows:

AYES: 7 - Goldberg, Kuffner, Doxsey, White, Jeter-Jackson, Tyner, MacAvery.

NAYS: 17-Rolison, Cooper, Flesland, Horn, Borchert, Sadowski, Roman, Weiss,Incoronato, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.

ABSENT: 1-Bolner.Amendment defeated.


AYES: 17- Rolison, Cooper, Flesland, Horn, Borchert, Sadowski, Roman, Weiss,Incoronato, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.

NAYS: 7 - Goldberg, Kuffner, Doxsey, White, Jeter-Jackson, Tyner, MacAvery.ABSENT: 1-Bolner.

Resolution adopted.

Budget, Finance, and PersonnelRESOLUTION NO. 2010057

RE: APPOINTMENT TO AUDIT REVIEW ADVISORY BOARD

Legislators ROLISON, COOPER, FLESLAND, MICCIO, and TRAUDT offer the following andmove its adoption:

WHEREAS, pursuant to Resolution No. 117 of 1997, the Dutchess County Legislature created anAudit Review Advisory Board, and

WHEREAS, pursuant to the authorizing resolution, the Chairman of the Legislature has the powerto appoint one member to the board, and

WHEREAS, the Chairman hereby appoints Dale Borchert to be a member of the Audit ReviewAdvisory Board, now, therefore, be it

RESOLVED, that the Dutchess County Legislature confirms the appointment ofDale Borchert to the Audit Review Advisory Board for a term to expire on December 31, 2011, andhereby confirms the Chairman’s appointment.

APPROVED


bate dOt-L eJjH cpQ/Q


COUNTY OF DUTCHESS

This is to certify that 1, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk,and which was adopted by said legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this/Bth day of March, 2010.

PJ [CIA J. HOI




Resolution adopted,

Family & Hum

RESOLUTION NO. 2010058 ;

RE: AUTHORIZING ACCEPTANCE OF FUNDING UNDER THETRADE ADJUSTMENT ASSISTANCE ACT

LEGISLATORS BORCHERT, ROLISON, COOPER, and HORTON offer thefollowing and moves its adoption:

WHEREAS, the United States Congress enacted the Trade Adjustment Assistance(TAA) Program to provide the framework for a unique workforce preparation and employmentsystem designed to meet both the needs of businesses and the needs of job seekers and those whowant to further their careers, and

WHEREAS, the New York State Department of Labor has provided allocations toDutchess County fpr the operation of FY 2009 TAA funding for the period 10/01/08 through9/30/11, now, therefore, be it

RESOLVED, that the Commissioner of Finance be and hereby is authorized,empowered and directed to accept funding under the above WIA Programs and amend thefollowing accounts:

I

APPROPRIATIONSIncrease ('Decrease)

FY 2009CD6292.2009.4813 $ 89.959

$ 89.959TAA Participant Funding

REVENUESIncrease (Decrease)

FY 2009CD6292.2009.47910.22 $ 89.959TAA Participant Funding

APPROVIS'.959

CA-28-10CRC/RA/ca/G-12632/10/10Fiscal Impact: See attached statement WILLIAM R . STEINHAUS

COUNTY EXECUTIVE

Date iSfbjck* jQ . <90/0STATE OF NEW YORK

ss:COUN1Y OF DUTCHESS

'Iliis is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution withthe original resolution now on file in the office of said clerk, and which was adopted by sj^Htcgiîature on the 8th day of March, 2010, and that thesame is a true and correct transcript of said original resolution and of the whole thercofy

IN WTFNESS WHEREOF, I have hereunto set my hand and seal of said Legislature tips 8th day of Maryh, 2010y

//’A' MJ. H jTrlSI.ATUim


0 MO FISCAL IMPACT PROJECTED


Total Current Year Cost $ 89,959

Total Current Year Revenue $ 89-959

and Source

Source of County Funds (check one): D Existing Appropriations, ^Contingency,Transfer of Existing Appropriations, Additional Appropriations, Other (explain).





Additional Comments/Explanation:

Prepared by: Richard Altman - Executive Director, Dutchess County Workforce Investment Board

Dut.pdf



NAYS: 0 ABSENT: l ~ Bolner.

Resolution adopted.

Budget, Finance, and PersonnelAmended


RE: AUTHORIZING THE SUBMISSION OF A LOCAL GOVERNMENTEFFICIENCY GRANT APPLICATION TO THE NYS DEPARTMENT OFSTATE REGARDING THE IMPLEMENTATION OF THE HUDSONVALLEY LOCAL GOVERNMENT COOPERATIVE PURCHASINGPROJECT

LEGISLATORS FLESLAND, COOPER, ROLISON, BORCHERT, HORTON,INCORONATO, MICCIO, ROMAN, SURMAN, THOMES, and WEISS offer the following and moves itsadoption:

WHEREAS, the Director of Central Services has requested authorization to join with othercounty governments across the Hudson Valley in submitting a Local Government Efficiency GrantApplication to the NYS Department of State for up to $200,000 for the purchase and implementation ofCooperative Bidding (Demand Pooling) software, the development of a regional (Hudson Valley) databasesystem as a central depository for all Hudson Valley Municipal Purchasing Group contracts and countyawarded contracts; and the marketing and promotion of the benefits of Cooperative Purchasing to localelected officials, and

WHEREAS, the Director of Central Services indicated that the faltering national and stateeconomies have put added pressure on local governments to be more efficient in spending taxpayer dollars,and

WHEREAS, the Director of Central Services indicated the proposed Cooperative PurchasingProject will expand the use of cooperative purchasing in the Hudson Valley and provide benefits includingLower Prices/Pooled Negotiating Power, Lower Transaction Costs, Reduced Advertising Costs, ReducedWorkload, Adoption of Best-In-Class Purchasing Practices, Higher Quality of Goods and Services, LowerSupply Risks, and Transparency in the Procurement Process, to local governments who participate, now,therefore be it

RESOLVED, that the Dutchess County Legislature hereby authorizes the County Executiveto submit a grant application, with Rockland County, Orange County, Putnam County and Ulster County asco-applicants, for funding up to $200,000 to the NYS Department of State regarding the implementation ofthe Hudson Valley Local Government Cooperative Purchasing Project, and

RESOLVED, that the Dutchess County Legislature receive updated reports on how this isprogressing on an annual basis, and be it further

RESOLVED, that the Clerk of the County Legislature isdfyfs^rd certified copiesof this resolution to the appropriate County officials.CA-35-10 ca/C-8066 2/17/10 Fiscal Impact: See attached statement Amended in Budget, Finance, and Personnel Committee 3/4/10 lwSTATE OF NEW YORK

COUNTY OF DUTCHESS

Tliis is to certify that I, the undersigned Clerk of the legislature of the County of Dutchess have cGQiUcNhlY>nE<)l( GyjpiV&1 originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th d^y'ofMahjh, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislate!

WILLIAM R. STEINHAUS

HjdL> fa .ao/om

m TURE

i


a NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONS(To be completed by requesting department) l

Total Current Year Cost $


Source of County Funds (checkone): Q Existing Appropriations, dcontingency,Transfer of Existing Appropriations, Additional Appropriations, Other (explain).




Net County Cost (this year):Over Five Years: $4,ooo

Additional Comments/Explanation:Costs associated with this grant are a 10% match to be shared by 5 Counties.

Prepared by: Don Miller

Outpdf



INAYS: 0 ABSENT: 1-Bolner.IiResolution adopted.:

B, F, & P


RE: APPORTIONMENT SURPLUS DOG LICENSE FEES

LEGISLATORS BORCHERT, ROLISON, COOPER, FLESLAND, HORN,HUTCHINGS, KELSEY, MICCIO, and THOMES offer the following and moves its adoption:

j

RESOLVED, that the report of the Commissioner of Finance of receipts anddisbursements of dog licenses during the calendar year 2009 be accepted and placed on file and thatthe apportionments as indicated in said reports be adopted as the apportionments of this Legislature,and be it further

RESOLVED, that the Commissioner of Finance is hereby authorized and directed topay to the City Treasurers and the Town Supervisors the amounts payable to the respective cities andtowns as set forth on the annexed sheets.

PB/CW/djw2/10/10

CA-30-10

Fiscal Impact: NONE

APPROVED


/ o? . So/ DDate.

STATE OH NEW YORKss:

COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the Count)' of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8correct transcript of said original resolution and of the whole thereof. /

of March, 2010, and that the same is a true and

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature tills 8tii dlyof March, 2010. 1

PM LIA j. H<

DL 16-1 (REV. 12/91)

NOTE:This report is to be made in the month of January and a copy thereoffiled with the Comm, of Agriculture & Markets of the State of NY,1 Winners Circle, Albany, NY 12235 and the governing body of the county.

COUNTY FINANCIAL OFFICER-DOG LICENSE REPORT

- Office of the Financial Officer of the County of DUTCHESS

ADDRESS: 22 Market Street, Poughkeepsie, NY 12601. February 02,2010

This report is filed pursuant to SECTION 111 of the Agriculture & Markets Lawand covers the moneys remitted and the moneys expended by me under the provisionsof Article 7 of fhe Agriculture and Markets Law for the period 01/01/09 to 12/31/09

RECEIPTS

Total balance on hand January 1, 2009Dog license fees receivedTag fees receivedDamages recovered from dog ownersCounty appropriationTotal amount available for the year ending December 31, 2009

$ 20,794.20 .25,964.03

718.00$$$ 0.00$ 0.00

$ 47,476.23

DISBURSEMENTS

Paid 36% of dog license fees to Dept,ofAgriculture and MarketsPaid tag fees to Dept, of Agric. & Mkts.Paid claims for damages done by dogsPaid for Cty dog control officer servicesPaid for county shelter services.

Paid to towns and cities 75% of totalsurplus for last reporting periodOver payment corrected 01/03Total disbursement during the year ending December 31, 2009

$ 9,347.05

$ 718.002,905.00$

$$ 0.00$ 15,595.65$ 0$ 0.00

$ 28,565.70

Total surplus for the year ending December 31, 2009 $ 18,910.53

75% of the above surplus monies amounting to 14,182.90 to be apportionedto cities and towns ratably to the remittance each made. Attachedis a list showing the remittance each made and the amount apportioned.

PAMELA BARRACK, COMMISSIONERDUTCHESS COUNTY COMMISSIONER OF FINANCE

7

STATEMENT OF AMOUNTS REMITTED AND APPORTIONED

REPORTING PERIOD JANUARY 1, 2008 TO DECEMBER 31, 2009

REMITTING -MUNICIPALITY

AMOUNTREMITTED

75% OF SURPLUSAPPORTIONED

$ 195.73888.28564.31888.27

2,473.342,290.042,800.642,366.41

294.88514.09

1,025.74306.65

1,514.542,522.691,021.05

477.011,146.67

955.261,704.89

478.19473.48

1,061.87

AmeniaBeekmanClintonDoverEast FishkillFishkiilHyde ParkLaGrangeMilanNorth EastPawlingPine PlainsPleasant ValleyPoughkeepsieRed HookRhinebeckStanfordUnionvaieWappingerWashingtonBeaconc/o Pough.

$ 106.92485.22308.26485.22

1,351.071,250.941,529.851,292.66

161.08280.82560.31167.51827.32

1,378.02557.75260.57626.37521.81931.30261.21258.64580.05

!

!

'

Total $ 25,964.03 $ 14,182.90




Resolution adopted.

B,F,& PTabled B, F, & P


RE: REQUESTING COUNTY DEPARTMENTS WORK WITHTHE ASSOCIATION OF SUPERVISORS AND MAYORS TOIMPLEMENT A DUTCHESS COUNTY MUNICIPAL HEALTHINSURANCE CONSORTIUM

Legislators TYNER, GOLDBERG, KUFFNER, DOXSEY, and JETER-JACKSON offer thefollowing and move its adoption:

WHEREAS, town, city, and village governments across Dutchess County are increasingly strappedfor cash, with less and less funding from the state; anything that our county goverment can do to lighten theload for local municipalities should be done as long as it does not unduly burden county taxpayers, and

WHEREAS, the Tompkins County Municipal Health Insurance Consortium, working with theTompkins County Council of Governments and Tompkins County Legislature, will save one million dollars ayear for local taxpayers there in a county with one-third the population of Dutchess County by consolidatinghealth insurance costs for over 2000 local employees without cutting their benefits, and

WHEREAS, the Tompkins County Municipal Health Insurance Consortium will be operating with acertificate of authority under Article 47 of the New York State Insurance Law, and

WHEREAS,it is projected that some local municipalities in Tompkins County will reduce theiremployee health insurance costs by as much as 28 percent; this is the type of savings that every city, town, andvillage here in Dutchess County should be, able to take advantage of, and therefore be it

RESOLVED, that the Dutchess County Legislature requests that our county's Departments of RiskManagement, Finance, and Personnel work with our county's Association of Supervisors and Mayors toimplement a Dutchess County Municipal Health Insurance Consortium, towards the goal of saving threemillion dollars a year on the cost of health insurance for municipal employees, and be it further

RESOLVED, that a copy of this resolution be sent to our County Executive and our county'sDepartments of Risk Management, Finance, and Personnel, and our county's Association of Supervisors andMayors.

STATE OF NEW YORKSK

COUN1Y OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of the whole thereof

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 8th day of March, 2010,

PATRICIAJ. HOHMANN,CLERK OF THE LEGISLATURE

Resolution No. 2010061 entitled, “REQUESTING COUNTY DEPARTMENTS WORKWITH THE ASSOCIATION OF SUPERVISORS AND MAYORS TO IMPLEMENT ADUTCHESS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM”tabled in Budget, Finance, and Personnel Committee on March 4, 2010.

was

B,F, & PPulled by Sponsor


RE: REQUESTING THE STATE TO REINSTITUTE STOCKTRANSFER FEE ON WALL STREET TRADING

Legislators TYNER, KUFFNER, DOXSEY, and JETER-JACKSON offer the following and moveits adoption:

WHEREAS, property taxes have increased too much in Dutchess County, unfairlypunishing homeowners, businesses, and all of us, as less and less revenue for crucial county servicesand schools has come to Dutchess County and local towns, cities, and villages from the state;Dutchess County now has thirty-five less county employees than it did in 1987 when there were fiftythousand more people in our county, and

WHEREAS, instead of the Governor’s proposal to cut revenue-sharing with counties likeDutchess and local municipalities, instead of proposing the biggest cut in state aid to schools indecades (which would end up driving up property taxes), instead of proposing hundreds of millionsof dollars in cuts to hospitals and nursing homes,and instead of proposing to layoff 54 from ourstate’s Department of Environmental Conservation and slash our state’s Environmental ProtectionFund by $69 million, the Governor and state leaders need to hold Wall Street financiers accountablefor the damage they have inflicted upon New York residents and the State Budget, and

WHEREAS, rebating of the stock transfer fee still collected has been endorsed by membersof the Better Choice Budget Coalition of New York State, including Dutchess Outreach,StatewideSenior Action Coalition, New York State Alliance of Retired Americans, Sierra Club, EnvironmentalAdvocates, Interfaith Alliance of New York State, NYS AFL-CIO, CSEA, Public EmployeesFederation, NYSUT, and a hundred other organizations across the state, and

WHEREAS, even partial re-implementation of a stock transfer fee, rebated back to thetaxpayers of Dutchess County and New York State, could avoid cruel cuts to the poor proposed byour Governor—more than one hundred million in cuts in programs to assist the homeless, whilereducing funding for jobs programs for welfare participants from $70 million to $18 million, even asNew York expects to draw down an extra $638 million in federal welfare dollars under the economicstimulus package and the annual $2.4 billion federal welfare block grant, which provides the statewith more than a billion-dollar annual surplus that also could be used for jobs programs, and

WHEREAS, New York can draw down $4 for every dollar of state expenditures throughSeptember 30, 2010, and the federal government consistently ranks New York among the worst inthe country in helping welfare participants into the jobs, and

WHEREAS, cutting programs that help families meet their basic needs just ends up creatingmore hunger and homelessness while depriving the local economy of much needed spending, it’smuch more expensive for Dutchess County taxpayers to help people out once they end up in anshelter or an emergency room than it is to provide adequate assistance up front for their housing andfood needs, money which goes straight to local businesses and landlords, and

WHEREAS, the State of New York instituted a very small fee on the transfer of stocks in1905; New York phased out the fee in 1981, though it still collects it and then rebates it; an estimated$16 billion is collected annually from and rebated back to Wall Street speculators; when one buysclothes or fuel or furniture or books for your family, there’s a hefty sales tax; yet when far moremoney is spent to buy stocks, no fee is collected, and

WHEREAS, a 2003 poll commissioned by the AFL-CIO showed that by 63% to 24%, NewYorkers favored re-instituting a stock transfer fee of one or two cents per share on stocks traded onthe New York Stock Exchange; well-respected economists like Paul Krugman and Dean Baker havealso strongly endorsed a stock transfer fee, and

WHEREAS, the value of a stock transfer fee not only lies in its ability to raise needed revenues toresolve the state's budget deficit, it is also urgently needed as an anti-speculation measure; a numberof other states like Texas and Florida do this now; the tax is insignificant on any one transaction andthus places no burden on those who treat Wall Street as a place to invest in businesses and theeconomy, and

RESOLVED, that the Dutchess County Legislature strongly urges Governor Paterson andstate legislators to re-institute at least a small stock transfer fee on Wall Street trading, to bring inmore necessary revenue to New York State so that crucial services in counties like Dutchess andschools in our county are truly and fully funded by the state, thereby avoiding as much as possibleany more property or sales tax hikes or further budget cuts and layoffs locally, and be it further

RESOLVED, that a copy of this resolution be sent to Governor David Paterson, StateSenators Vincent Leibell and Stephen Saland, and Assemblymembers Greg Ball, Kevin Cahill,JoelMiller, Marcus Molinaro, and Frank Skartados.


COUNIY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, 3 have hereunto set my hand and seal of said Legislature this 8th day of March, 2010.

PATRICIA j. HOHMANN, CLERK OF THE LEGISLATURE

Resolution No. 2010062 entitled, “REQUESTING THE STATE TO REINSTITUTESTOCK TRANSFER FEE ON WALL STREET TRADING” was pulled by sponsor.

Tabled in B,F.&P


RE: REQUESTING THAT THE CONSUMER AFFAIRSDEPARTMENT EVALUATE THE COST AND FEASIBILITYOF A DUTCHESS COUNTY HEATING OIL DISCOUNTPROGRAM i

Legislators TYNER, GOLDBERG, KUFFNER, DOXSEY, JETER-JACKSON, andWHITE offer the following and move its adoption:

WHEREAS, an older person who lowers the thermostat to 55 degrees runs a realand elevated risk of contracting pneumonia or other respiratory illness; freezing in thedark is a real possibility this winter for those living on small, fixed incomes, thanks tofuel oil prices that are still far too high, and

WHEREAS, in the fall of 2008 the Town of Cortlandt in Westchester Countystarted a discount Home Heating Oil Program, it has successfully saved literally hundredsof dollars on oil bills for hundreds of residents there, and

WHEREAS, local homeowners in Cortlandt, can order oil when needed by callingthe participating oil companies; participating homeowners can call oil compani8esdirectly to get heir price and/or by checking this website where we from time to time postthe daily price of the CHOP heating oil; the price paid is the price of the oil on the dayofthe actual delivery, and

WHEREAS, the Town of Cortlandt doesn’t set the price of the heating oil; theparticipating companies have agreed to price the oil in a range at only thirty to forty centsabove the daily wholesale price to save money for local homeowners, and

WHEREAS, once town residents in Cortlandt register and pay the $5 fee, withinfour business days, they receive a letter listing the participating oil companies and the all-important CHOP registration numbers used to identify homeowners as CHOP memberswhen ordering oil, and

WHEREAS, the Town of Cortlandt updates daily the participating oil companiesof the new registrations, and therefore, be it

RESOLVED, that the Dutchess County Legislature requests that our county’sOffice of Consumer Affairs evaluate the cost and feasibility of a Dutchess Countyhearing Oil Discount Program here similar to the already successful one in the Town ofCortlandt and report back to our County Legislature on this in sixty days, and be it further

I

Resolved, that a copy of this resolution be sent to our County Executive and ourcounty’s Office of Consumer Affairs.

;


COUN'fY OF DUTCHESS

Tliis is to certify that 1, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingresolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day ofMarch, 2010, and that the same is a true and correct transcript of said original resolution and of tile whole thereof.

IN WITNESS WHEREOF,1 have hereunto set my hand and seal of said Legislature this 8th day of March, 2010.

PATRICIA j. HOHMANN, CLERK OFTHE LEGISLATURE

I

Resolution No. 2010063 entitled, “Requesting that the Consumer Affairs DepartmentEvaluate the Cost and Feasibility of a Dutchess County Heating Oil Discount Program”was tabled in Budget, Finance, and Personnel Committee on March 4, 2010.

BUDGET, FINANCE & PERSONNELAmended


RE: Requesting the NYS Public Service Commission to reject CentralHudson’s Newly Proposed Rate Hike

Legislators TYNER, GOLDBERG, MACAVERY, JETER-JACKSON,DOXSEY, KUFFNER, WHITE, FLESLAND, MICCIO and KELSEY offer thefollowing and move its adoption:

WHEREAS, last July 1st Central Hudson raised electricity delivery rates by 8.5percent and natural gas delivery rates by 23.5 percent; CH Energy Group, the parent ofCentral Hudson Gas & Electric Corp. of Poughkeepsie, has asked for another rate hike togo into effect this June, and

WHEREAS, Central Hudson’s newly proposed rate hike, if approved by ourstate's Public Service Commission, would generate an additional $15.2 million inrevenues from the delivery of electricity and an additional $3.9 million in revenues fromthe delivery of natural gas by raising the average residential electric customer's bill by$3.46 a month and the average natural gas customer's bill by $3.97 a month, and

WHEREAS, the increases proposed by Central Hudson would affect nearly300,000 customers of all classes, including about 252,000 residential electric accountsand about 62,600 residential gas services, and

RESOLVED, that the Dutchess County Legislature requests that the New YorkState Public Service Commission reject Central Hudson's newly proposed rate hike, andbe it further

RESOLVED, that a copy of this resolution be sent to Governor David Paterson,the New York State Public Service Commission, State Senators Vincent Leibell andStephen Saland, and Assembly members Greg Ball, Kevin Cahill, Joel Miller, MarcusMolinaro, and Frank Skartados.

Amended in Budget, Finance, and Personnel 3/4/10 lw


COUNTY OF DUTCHESS

This is to ceresolution with the origiMarch, 2010, and that the same is a true and correct transcript of said origin

irtify that I, tlinal rcsolutio

the undersn now on

IN WITNESS WHEREOF,1 have hereunto set my hand and

MATURE

Page 1of 2 ' ,0» *&Y A

FILE'“ino .^c /u<5b*\ tPHohmann, PatriciaK Ofod(* y

Denise Doring VanBuren [[email protected]]Monday;March 08, 2010 1:14 PMcountyiegislatureMike Mosher; John Maserjian; [email protected]; Anthony Campagiorni; Horton, Marge; JohnForman

Subject: Central Hudson Agenda Item - Corrected VersionImportance: LowAttachments: JP Summary.pdf

From:Sent:To:Cc:

Patricia HohmannClerkDutchess County LegislatureMarket StreetPoughkeepsie, NY 12601

Dear Patty,

I understand that the full legislature will be considering a resolution that passed out of committee regarding the JointProposal reached in Central Hudson's rate proposal filing. I hoped that it might be possible that both the following and theattached information might be provided to legislators in their mailboxes before the meeting so that they may be betterinformed regarding this important subject.

Central Hudson has spent the last year negotiating with parties in the case to reach the Joint Proposal that is describedin the attached. No one likes to see the price of anything increase, but we have faced pressures that forced us to seekthis increase in order to collect adequate revenues in order to cover the cost of serving our customers.Please note:

1) The attached summary provides information regarding the Joint Proposal that is being considered.

2) As per bill impacts, two factors are at work: 1) there is currently a bill credit that is being rolled back to electriccustomers; it will be reduced throughout the course of the next three years, creating a net increase in bills (because thecredit is phasing out); and 2) the delivery rate increase. The combined impact on the typical customer's monthly bill forthe three years of the agreement would be:

Year 1Rate proposal 2.56Credit Reduction 1.86

Electric Year 21.96

Year 31.89

1,69 .794.42 3.65 2.68

Natural GasRate proposal 5.86 2.73 2.02

Given that supply costs have gone down (i.e. the cost of the energy used) and the varying impacts of weather on usage,it is entirely possible that a rate increase request of this magnitude may not even result in higher bills for customers ascompared to last year.

3) Legislators should know that we have 850 total employees in the Company; while 542 of them work in DutchessCounty, 367 of them also live here. In addition, we have 227 retirees who live in Dutchess County; and all of these folkshave families who also shop, pay taxes and vote here. We are a large, stable employer that invests nearly $100 million inthe infrastructure of the Hudson Valley region every year, growing the local tax base and providing local jobs.

4) Here is some recent tax information. (Please note that 40 percent of the increase we currently seek is related to therecent increases in local property tax bills!):

3/8/2010

Page 2 of 2

2009/2010 2010 Town & 2009/2010School Taxes County Taxes Village Taxes

TotalTaxes

Dutchess County $7,266,575.68 $4,360,893.15 $55,966.88 $11,683,435.71

I appreciate the opportunity to provide informaiton that may be of some help in better evaulating the Joint Proposal.Please do not hesitate to contact me if I may provide any additional information.

Denise D. VanBurenCorporate Secretary & Vice President of Corporate CommunicationsCH Energy Group, Inc.Central Hudson Gas & Electric Corporation284 South AvenuePoughkeepsie, NY 12601(845) 486-5563; fax: (845) 486-5544

We care about your privacy.This message may contain privileged information and is only for the intendedrecipient. If the reader of this message is not the intended recipient, or an employee or agent responsible fordelivering this message to the intended recipient, please notify the send immediately by replaying to this noteand deleting all copies.Thank you.

3/8/2010

'Central HudsonCorporation-': • \ '

Rate ProposalCM & Electric

Joint Proposal SummaryThe Joint Proposal covers a three-year term beginning July 1, 2010 through July 30, 2013. The proposal is

tough but fair, represents a balance in interests among parties and customers, and favors customers by talcing intoconsideration the many complex issues related to maintaining and operating the electric an natural gas system,funding the necessary and ongoing investments in the delivery system, providing for electric and natural gassafety programs, meeting customer satisfaction levels and programs to assist customers facing financial difficulties.

Delivery charges under the joint proposal for the average residential electric customer (estimated in 2010-2011 to be 630 kilowatt-hours per month) would increase by $2.56 per month in the first year, $1.96 per month inthe second year and $1.89 per month in the third year. For the average residential natural gas customer, deliverycharges would increase by $5.86 per month in the first year, $2.73 per month in the second year and $2.02 permonth in the third year.

Performance Metrics DriversThe Joint Proposal includes electric service Major components of the rate proposal (for RY 1):

reliability, natural gas safety and customer satisfaction • Property taxes, which represent about 40 percent ofperformance metrics that carry penalties (as indicated,totaling more than $4 million) if PSC-stated goals are

the total electric and natural gas increase, ($5.1 Melectric, $1.4 M natural gas)

• EEPS impact ($2.7M electric, $1 ,6M natural gas)• Electric reliability (SAIFT, CAIDI, enhanced * MGP expenses ($1.4M electric, $0.25M natural

trimming): $1.9 million• Natural gas safety (leak management, damage • Austerity imputation ($2.4M electric,

$0.6M natural gas)- In addition, a requirement to invest $6 million • Uncollectible accounts ($1 ,7M electric,

per year in older gas pipeline replacement• Customer satisfaction (PSC complaint rate < 1.7, • Vegetation management ($2.3M electric)

• Stray voltage testing ($2.3M electric)

not met:

gas)

prevention, emergency response): $450 K

$0.4M natural gas)

CSI > 85%): up to $1.9 million• Other provisions:

-A 50% increase (from 1% to 1.5%) productivity Additional highlights and components:Expansion of the Powerful Opportunities Program

- Property tax: 90% deferral over rate allowance, to assist low-income customersContinuation of a bill discount for customers

imputation

with $700K cap- Uncollectible accounts- recovery capped at

allowancereceiving FIEAP benefitsEconomic development programsAn authorized return on equity of 10 percent with thepotential to share higher earnings with customers:

- 10.5 to 11 percent-share with customers- 11 to 11.5 percent-80 percent to customers- Above 11.5 percent-90 percent to customers,

subject to certain deferral treatmentElectric Bill Credit (implemented in 2009 to return$36 million to customers over three years) willcontinue:

- $20 million to be returned by June 2010- $12 million to be returned by June 2011- $4 million to be returned by June 2012- Credit appearing on bills in this next phasewould decrease compared with the prior phase.

Rising expenses, capital investments• The current rate agreement does not fully recover

rising expenses, notably higher uncollectibleaccounts and property tax increases of 10 - 15 %per year.

• Also, investments in the electric and natural gas •system must continue to replace older facilities andserve areas that have experienced growth.

- Electric capital investment will average$61million per year

- Natural gas capital investment will average$16 million per year

-Capital investments in property &transporationwill average $12 M per year

Managing expenses, low rates

Lower total bills, and competitive ratesAccording to the latest report from the Edison

Electric Institute (July 2009), Central Hudson’s

Expense managementCentral Hudson has taken steps to reduce expenses andcontrol costs, such as:• Expensereductionsofnearly $20 millionforelectric residential customers pay among the lowest electric

and $4 million for natural gas were identified to rates in New York State and businesses pay the lowestreduce the proposed increase during the three-year These comparisons can vary month to month.term of the proposal.

• Productivity improvements, for example: about8-percent more customers were served by CentralHudson with about 5'-percent fewer employees in2009 than in 2002.

B ResidentialEH Commercial

Industrial

July 2009Source: EEI

5 $0.30

I $0.25Historic financial results

2009 earnings are a return to normal levels ascompared to 2008, when earnings were at a 20-yearlow. A quarterly loss was posted in the second quartet-in 2009, the first time in 21 years. Recent financialperformance:

$0.20

l:g $0.155 $0.10a $o.o5

<3 $0.00

/ / / / / / // /Cj * 4Year, net income, net income after dividends• 2009: $44.3 M, $9.3 M• 2008: $36.1 M, $995 K• 2007:$42.6 M, $8.5 M• 2006: $43.1 M, $9.0 M• 2005: $44.3 M, $10.2 M• 2004: $42.4 M, $8.4 M

Energy supply costs in 2009 have remainedsignificantly lower than those of 2008. If this trendcontinues, lower supply charges could potentiallyoffset the slight increase in delivery charges, possiblyresulting in lower bills compared to those of a yearago:ROE for Central Hudson, by Rate Year (versus

allowed ROE of 9.6 percent):• July 2006-June 2007: Electric 10.89%,

Gas 6.31%, Corporate 9.82%• July 2007-June 2008: Electric 8.75%,

Gas 4.16%, Corporate 7.71%• July 2008-June 2009: Electric 6.36%,

Gas 3.53%, Corporate 5.74%

Average monthly typical residential electric bill,June - Dec:2008 2009 Percent decrease$92.97 $84.81 (8.7% less)

Average monthly typical residential natural gas bill,June - Dec:2008 2009 Percent decreaseEarnings = reinvestment

After paying dividends to shareholders, Central $159.63 $126.61 (20.6% less)Hudson reinvests earnings by funding capitalinvestments and other expenses related to utilityoperations.


Legislator Flesland moved to Call the Question, duly seconded by Legislator Cooper andunanimously carried by voice vote.


AYES: 21-Rolison, Flesland, Goldberg, Kuffner, Doxsey, Horn, Borchert, Sadowski,Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato, MacAvery,Miccio, Forman, Traudt, Thornes, Surman, Kelsey.

NAYS: 3 - Cooper, Horton* Hutchings.

ABSENT: 1-Bolner.

Resolution adopted.

DutchessCounty

Executive

- 22 Market StreetPoughkeepsie

New York12601

(845) 486-2000Fax (845) 486-2021

William R. SteinhausCounty Executive

Memorandum

All LegislatorsTo:

From: William R. SteinhausDutchess County Executive

Resolution Nos. 2010064 and 2010046Re:IMarch 16, 2010Date:

Absent any analysis, research and/or financial details which the Legislature reviewed tocome to its conclusion regarding the Central Hudson proposed rate increase, I am unableto approve or disapprove Resolution No. 2010064 and therefore return it unsigned.

With no in-depth legislative review of the finances of the company to warrant theconclusions in the resolution, it appears the resolution is a political statement.

It is the responsibility of the New York State Public Service Commission to do the indepth financial and operational review necessary to determine if, in the case of CentralHudson, an increase in the electric and gas rate increases is warranted to pay higherexpenses, including higher property taxes.

County legislators do have responsibility to determine other rates that county residentspay... their county property tax rate.

The second whereas of this resolution states “WHEREAS, families, businesses and localgovernments in Dutchess County are still reeling from the effects of one of the worstfinancial crises in our nation’s history; we’ve all had to make painful sacrifices, and weexpect Central Hudson to do the same and forgo this proposed rate hike.”Many of the legislators who supported this “feel good resolution” asking a utility to forgoa rate increase, even though these words have no authority in the final determination, aresome of the same legislators who voted to increase county spending and levied a higherproperty tax rate on those same families and businesses-like Central Hudson.

Companies and homeowners must deal with higher county property tax rates this year asa result of the 2010 adopted Legislative budget. Imagine the irony and the legislativereaction if Central Hudson’s Board of Directors simply passed a resolution calling on the“rejection” of the property tax rate increase the County Legislature adopted because ofthe “financial crisis”.

Central Hudson paid almost $2.6 million in county/local property taxes last year{excluding city of Poughkeepsie}. In 2010, this company like other county companieswill pay double digit property tax increases-in this case this company will pay nearly $3million in their 2010 property tax bill. It seems some legislators who last Novemberraised taxes on businesses now want to obfuscate that tax vote.

********I have approved most all the resolutions of various legislative appointments sent me thismonth. However, there is one in particular I will not endorse. Resolution No. 2010046regarding the reappointment of Mr. Edward Mills to the Resource Recovery Agency(RRA) is returned without my support. There has been pointed and extensive criticismand attacks aimed at the RRA by some legislators - most especially by the currentminority caucus. It strains credibility that these same RRA critics have supported thereappointment of an individual with responsibility for the very policies, management andleadership that these legislators claim have failed so miserably. Mr. Mills’ reappointmentto the Board would suggest the call for restructuring and overhaul heard from vocallegislator critics meant little.

Patricia Hohmann, Clerk of the Legislaturecc:

B,F, & PRevised 3/4/10


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Kensington Village Comm. Inc.

C/O Ann Vermehren62 Sixth Dr.Hyde Park NY 12538

ACCOUNT NO.: 133200-6164-01-455684-0062

Legislators BORCHERT and SADOWSKI offer the following and move its adoption:

WHEREAS, there is an assessment on the assessment roll for the Town of Hyde Park for2009 under the name of Kensington Village Comm.Inc., Account No.133200-6164-01-455684-0062, and

WHEREAS, the owner of said parcel, by application attached hereto, has applied for acorrection of real property taxes on the basis of an alleged clerical error, and

WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the County Director ofReal Property has investigated this claim and has found that the local assessor for the Town of Hyde Parkhas made a clerical error in said assessment, and

WHEREAS, attached hereto is the written report of said Director together with herrecommendation that the application be approved by the County Legislature, and

WHEREAS, the County Legislature has agreed that the clerical error does exist, now,therefore, be it

RESOLVED, that the application received January 8, 2010 relating to Account No.133200-6164-01-455684-0062 for a corrected tax bill is hereby approved, and be it further

RESOLVED, that the Clerk of the County Legislature be and she hereby is authorized anddirected to send a copy of this resolution to the applicant and to the Town Tax Collector,directing said TaxCollector to issue a corrected tax bill as follows and attach a copy of this resolution to the warrant:

Corrected TaxTaxable ValueMunicipalityCounty

Assessed Value33,500

Exempt Amt.28,475 175.415,025

136.7428,475Town of Hyde Park 33,500 5,02533,500 15.8433,500Hyde Park Library

74.6833,500Roosevelt Fire 33,500$402.67TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to increase the warrant as follows:

$ 175.41136.74

CountyTown of Hyde ParkHyde Park LibraryRoosevelt Fire

Total

15.8474.68

$ 402.67 :

and be it furtheri

RESOLVED, that the Commissioner of Finance make the appropriate adjustments asfollows:

Increase:A250 Due from Town of Hyde ParkA640 Due to Town of Hyde ParkA980 County Share

$402.67$227.26$175.41

CA-20-10Mb/ca G-1942/1/10Fiscal Impact: None

APPROVED


'PfhiAck^ ta . 5)0/0Date

STATE OP NEW YORKss:

COUNTY OP DUTCHESS

This is to certify that I, the undersigned Cicrlt of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in tire office of said clerk, and which was adopted by said Legislature on the 8transcript of said original resolution and of the whole thereof. /

of March, 2010, and that the same is a true and correct

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislator!this 8th dli/of March, 2010.

OWlWM0KISLATURF.IW1 fN/d

VutcAess County Head Property Tax Service AgencyCOE investigating Report

Legal Description (grid #) 133200-6164-01-455684-0062

Owner's Name Kensington Village Comm Inc.Mailing Address Attn. Ann Vermehren 62 Sixth Dr. Hyde Park NY 12538

Mobile HomeProperty Location

School District Hyde Park Central School Dist. Special District

Total Assessed Value now on roll 0 Corrected to 33.500

Taxable Assessed Value now on roll 0 Corrected to 28.475

Exempt codes and amounts if applicableVeterans Exemption 5,025

$0.00 Should be $402.67Amount Levied

Verified with assessor? X yes noTax Bill Paid? yes X no

Error Claimed is defined in Real Property Tax Law,Section 550:

X Subdivision 2,Paragraph _C_ (clerical error)Subdivision 3, Paragraph (error in essential fact)

Subdivision 7,Paragraph (unlawful entry)

Reason:

Exemption was approved by assessor, but not entered on roll X

Exemption amount incorrectly calculated

Assessed value on roll does not match assessor's final work product

Structure did not exist on taxable status date or was present on another parcel

Assessment based on incorrect acreage

Parcel should be Wholly Exempt

Parcel Misdassified as homestead, non-homestead or portions misallocated

Other:

Recommendation X APPROVE APPLICATION DENY APPLICATION

Details: It is recommended that the application to create the 2009/10 Cntv/Town tax bill be approved.This is a mobile home that requires an individual tax bill, because the home owner is entitled to a Veterans

Exemption. Due to a clerical error in the Assessor's office the exemption was not entered onto the assessment rolland a tax bill was not produced.

ojt &U/)MA%Investigator Director/ a

NYS BOARD OF REAL PROPERTY SERVICES RP-554 (9/04)

APPLICATION FOR CORRECTED TAX ROLL

FOR THE YEAR 20 VfclPart 1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessors) have obtained proof that parcel should have been granted tax exempt status on tax roll.

V )-efrvu2Kr n Evening (Davt )la. Name of Owner 2. Telephone Number

7 l b. Mailing Address 3. Parcel Location (if different than lb.)J(DI GiM-CSt" S QOCo cX

4. Description of real property as shown on tax roll or tax bill (Include tax map designation)

6. Amount of taxes currently billed5. Account No.

cAc'v? C lXJr*'\ / Tooyn fy£~ \~l~iirif fb^lc(county/city/school district; town in Westchester County; non-assessing unit village)

7. I hereby request a correction of tax levied by

for the following reasons (use additional sheets if necessary): OcJ~(?c\

Signature of Applicant

PART II: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact) andrecommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error falls.Date application received: lIs/ lD Period of warrant for collection of taxes:

a|os[ iPLast day for collection of taxes without interest:

I L^H\pDrovc application* 1 Deny Application \

' J Signature of Counter Director

Recommendation:

Da/e

If box is checked, this copy is for assessor and board of assessment review of city/town/village ofwhich are to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.

PART III: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION :(Insert Number or Date)

Amount of taxes currently billed: $_APPLICATION APPROVED

Corrected tax: $Notice of approval mailed to applicant on (enter date):

Order transmitted to collecting officer on (enter date):

APPLICATION DENIED Reason:

Seal of Office

Signature of Chief Executive Officeror Official Designated by Resolution

Date

//

HISTORIC TOWN OF HYDE PARK'

2M -8

%Ai PHC- -V /f; .s’"

K#n& it,

4383 Albany Post Road,Hyde Park,N.Y.12538

'CES(845)229-7103' Ext 123 Fax (845) 229-1901

S:"

. Tim McGowanAssessor


The assessor’s office is requesting a correction on tax parcel s164-001-455684, located on 62 Sixth Dr, in Hyde

Park, NY.The owner is Ann Vermehren.In our error, the parcel was deleted, eliminating her veteran’s exemption. Please add this parcel back onto the

roll along with her exemption {41123 and 41122 and 41834) and send her a new tax amount.

Also, because this parcel is located in a mobile home park, the park will need to receive a new tax bill

eliminating Ann Vermehren’s assessment at $33,500 from the park’s total assessment of $2,499,400. This new

assessment should be $2,465,900.Attached is a copy of Ann’s approved veteran exemption application, the RP-554 for Ann Vermehren and the

RP-554 for the Park’s new tax bill.If there are any other questions or you need more information,please feel free to contact our office.

Sincerely, —,

Tim McGowanTown Of Hyde Park Assessor

-:rv -mmi \ki,

^ V -' \ jNew Y^rk State Board of Real Property Services |

^'

. |APPLICATION FCflR ALTERNATIVE VETERANS EXEMPTION

a T:x .: . ... . FROM RE%ER6'PERTY TAXATIONfi iGeneral information and instructions for completing MTf

tfc$k$l.'"Name and telephone no. of owner(s )XI

ftRP*4'5(8«a (l /0nVA:

form are contained in Form RP-458-a-lns )

2. Mailing address of owner(s)

L> £ S/ X +h hn ]/^^^ 9- xsx iDay No- t'W?)

hi / c/e Park, A/. Y- / X 5-3 fEvening No. ( 1T9S);

3. Location of property (see instructions)fetls nog hr)(a X S i X.9h &tiVe.

Village (if any )Street addressHMat.*. yfork , A/ - K / «3

City/Town' ‘V

Property identification (see tax bill or assessment roll )

Tax map number or section/block/lot / 33£-0 & b U if Oj </- £- r y~Od 6> Z

.. „?. •«. \

Yes^No I42IsThe.;Owner a veteran who served in the active military , naval or air service of the United States?IPmfc'.indicate the relationship of the owner to veteran who rendered such service:If Yes., is the veteran also the unremarried surviving spouse of a veteran? Yes ^No

/hr Force. - yn/703. Indicate branch of veteran's service and dates of active service:.(Attach written evidence)

6. Was the. veteran discharged or released from the active service under honorable conditions? t^ Yes No( Attach written evidence )

7. Did the veteran serve in a combat zone or combat theater? Yes _L/NO

If Yes.-. where did the veteran serve and when was such service performed? _( Attach written evidence )

N . Has the veteran received , or did the veteran receive prior to his/her death, a compensation rating from theas a result of aUnited States Veterans' Administration or from the United States Department of Defense

service connected disability? Yes *<- Noh Yes. what is ( was ) the veteran 's compensation rating?

0 check if rating is permanent 0

_ ( Attach written evidence showingthe date such rate was established )

ll No. did the veteran die in service of a service connected disability or in the line of duty while serving duringu am me? Yes- t/^ No ( Attach written evidence )

Is Uns property the primanJc .Yes No

11 No. is the veteran , unremarried surviving spouse of the veteran or Gold Star parent the owner of theproperty and absent from the property due to medical reasons or institutionalization0 _ Yes NoExplain

residence of the veteran, unremarried spouse of the veteran or Gold Star parent?v

, n L the proper!) used exclusively for residential purposes?

1 ' No. describe the non-residential use of this property and state what portion is so used

Yes N o




Resolution adopted.

B,F, & P


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Daniel P. and Diana L. Haggerty

19 Angie Dr.Hopewell Jet. NY 12533

ACCOUNT NO.: 132800-6357-02-551667-0000

Legislators BORCHERT and WEISS offer the following and move its adoption:

WHEREAS, there is an assessment on the assessment roll for theTown of East Fishkill for2009 under the name of Daniel P. and DianaL.Haggerty, Account No. 132800-6357-02-551667-0000, and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, theCounty Director ofReal Property has investigated this claim and has found that the local Tax Assessor for the Town of EastFishkill has made a clerical error in said assessment, and



RESOLVED, that the application received January 25, 2010, relating to Account No.132800-6357-02-551667-0000 for a corrected tax bill is hereby approved, and be it further

RESOLVED, that the Clerk of the County Legislature be and she hereby is authorized anddirected to send a copy of this resolution to the applicant and to theTown Tax Collector, directing said TaxCollector to issue a corrected tax bill as follows and attach a copy of this resolution to the warrant:

Municipality Assessed Value Exempt Amt. Taxable Value Corrected Tax753.74266,000278,000 12,000County

Town of East Fishkill 278,000 6,000 272,000 599.90186.20East Fishkill Fire 278,000 278,000

E Fishkill Pub Library 278,000 278,000 46.02100 units 266.66Rever Park Water 100 units

$1,852.52TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Finance at theexpiration of the warrant,and be it further

RESOLVED, that the Commissioner of Finance be and hereby is authorized and directed tocharge-back the erroneous taxes after settlement with the collector at the expiration of the warrant as

follows:

$ 34.00A342 Allowance for Uncollectible TaxesA430 Town of East Fishkill 13.23

$ 47.23Total

APPROVED

\WILLIAM R . STEINHAUSCOUNTS EXECUTIVE

'-V t l p o I S) . Qo/oCA-16-10MB/ca G-1942/1/10Fiscal Impact: None

Date.

STATE OF NEW YORKss;

COUNTY OF DUTCHESS iThis is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the original

resolution now on file in the office of said clerk, and which was adopted by said Legislature on thtranscript of said original resolution and of the whole thereof. /

y>of March, 2010, and that the same is a true and correct

IN WITNESS WHEREOF,1have hereunto set my hand and seal of said Legislator this 8th dawof March, 201ft

Vntcfiess County UeaC Property 7ax Service AgencyCOE investigating Report


Owner's Name Daniel P. and Diana L. Haggerty

Mailing Address 19 Angie Dr. Hopewell Jet. NY 12533

19 Anqiee Dr.Property Location

School District Wappinoers Central School Dist. Special District

Total Assessed Value now on roll 278,000 Corrected to Same

Taxable Assessed Value now on roil 278,000 Corrected to 266,000

Exempt codes and amounts if applicableCold War Veterans Exemption 12,000 Cntv / 6,000 Town

$1899.75 Should be $1852.52Amount Levied

Tax Bill Paid? yes X no Verified with assessor? X yes no


X Subdivision 2, Paragraph C (clerical error)Subdivision 3,Paragraph (error in essential fact)


Reason:


Exemption amount incorrectly granted to park owner





Parcel Misclassified as homestead,non-homestead or portions misallocated

Other: Duplicate Assessment


Details: It is recommended that the application to correct the 2009/10 Cntv /town tax bill be approved.

YIIIAA/ZAJA&UAInvestigator / Director1 7 U



LO.FOR THE YEAR 20 ’

Part1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessors) have obtained proof that parcel should have been granted tax exempt status on tax roll.

Xhp_ j P[ ijmpllLiA’ la. Name of Owner 1 1 7]

I A • YJV7\_ U

f v f nncur \ j ( IV^ »

J\n /2233I I b. MaUing Address ' '

(n3SP 0 2 -SSI ( p (i f l4. Description of real property as shown on tax roll or tax bill (include tax map designation)

6. Amount of taxes currently billed

SJMS )Day Evening ( )

2. Telephone Number go\\ X —r~ ^

J§^3. Parcel Location (if different than lb.) x2 O TO

07O

<26?

5. Account No.X*

7. I hereby request a correction of tax levied by(county/city/school district; town in Westchester County; non-assessing unit village)

1/ t n'

_$ 22 I f ) SCr^m/PT /2x7 nQ } O n . ) A f/rr) 0 si fQ/7i PJ7

i/C [ f 9:1 IQ

for the following reasons (use additional sheets if necessary):

QiiUAASignature of ApDate

PART II: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact) andrecommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error fails.Date application received: iflSji0 /*/&/<&Period of warrant for collection of taxes:

PPJ/OLast day for collection of taxes without interest:

I lAApprove application* 1 1 Deny Application \

I Signature of^rinty Director

Recommendation:

ihs'l/o7 Date

I I If box is checked, this copy is for assessor and board of assessment review of city/town/village ofI I which are to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.

*J

PART HI: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION :(Insert Number or Date)

APPLICATION APPROVED Amount of taxes currently billed:

Notice of approval mailed to applicant on (enter date):



Corrected tax: S

Seal of Office

Date Signature of Chief Executive Officeror Official Designated by Resolution

Assessor Affidavit for Correction of Error

This affidavit or a letter sighed by the assessor must be submitted for every requested Correction of Error.

) f\ assessor for the Town/City of !j .

Dutchess County, do hereby affirm that the assessment or taxable assessment on

Gj^Sl -07 ~ .557 / 7Grid #

owned by

.(yr) Assessment/Tax roll of theas shown on thet

> S h f lTown/City of , rr;School district of x

fU si -L 550.is incorrect and may be corrected per•<

as follows: (Please be specific)'" r

m —:. c5$

c r,

-chipr-f /fCjWi'rnP(VY)fl\ )W /

iia' ^ hrsc, n S (r,X<Lr?lOl", d s n

Should be:._Should be:

Assessment was:

Exemption was:

Other:

I request that the County Director investigate and make a recommendation to the taxlevying body,to correct such error and issue a new bill or refunc/. ^

Signature of Assessor of Designee

Whenever possible, proof of error MUST accompany this affidavit as applicable:

f '?VtQDate 7. /

e.g.Exemption application indicating approval/denialCopy of property record card, work book or other final work productCopy of paid tax billVerified statement of BAR (for grievance changes not appearing on final roll)Any other documentation requested by the Director to complete the investigation

Rev. 9/5/2008 by Dutchess County Real Property Tax Service Agency

*

pm:XAS«P(TM09

l(2/08)NYS BOARD OF REAL PROPERTY SER1

APPLICATION FOR COLD WAR VETERANFROM REAL PROPERTY TAXATlO

^£a±ifrF(General information and instructions for completing this form are coni EemiRfM58-b-In

1. Name and telephone no. of owner(s)"v)txvug^

Day No. CgSiVT ±±6 -SZlfEvening No. (WX ) SrX -ST& S^

2. Mailing address of owner(s)\°\ kmtg/

^b\êpe.u3eH 3<dr - N S j

r.

E-mail (optional)

\°\Street address .. , , Village (if any)

Uoyg.voeJA ~5 uNneArior> j fisvmu-

3. Location of property (see instructions)

I£ rX? %SS "is_srn^ o

coCity/TownProperty identification (see tax bill or assessment roll)

Tax map number or section/block/lot fa'SS'T -0 3- S'S~ l £> 4 *7 — OOOO ;

co4. Is the owner a veteran who served in the active military, naval or air service of the United States between*7*

September 2, 1945 and December 26, 1991? [^j Yes NoIf No, indicate the relationship of the owner to veteran who rendered such service: '

If Yes, is the veteran also the unremarried surviving spouse of a veteran? I I Yes No

Army /&A* (Attach written evidence)

5. Indicate branch of veteran’s service and dates of active service:

6. Was the veteran discharged or released from the active service under honorable conditions?Yes No (Attach written evidence)

7. Has the veteran received, or did the veteran receive prior to his/her death, a compensation rating from theUnited States Veteran’s Administration or from the United States Department of Defense as a result of aservice-connected disability? [~] Yes [^J. NoIf Yes, what is (was) the veteran’s compensation rating?

(Attach written evidence showing the date such rate was established)I I check if rating is permanent?

If No, did the veteran die in service of a service connected disability or in the line of duty?I I Yes No (Attach written evidence)

8. Is the property the primary residence of the veteran or the unremarried surviving spouse of the veteran?^ Yes NoIf No. is the veteran or unremarried surviving spouse of the veteran absent from the property due to medicalreasons or institutionalization? Q Yes NoExplain:

RP-458-b (2/08) :

9. Is the property used exclusively for residential purposes? [^j Yes l~~l NoIf No, describe the non-residential use of this property and state what portion is so used.

\

10. Date title to this properly was acquired: (attach copy of deed)

11. Has the owner(s) ever received or is the owner(s) now receiving an eligible funds veterans exemption oralternative veterans exemption on property in New York State? Q Yes lyl NoIf Yes, the location of the property was or is:in question 3) orStreet address: _Village of

(same as

City/Town of School District

12. Has the owner(s),ever received a Cold War veterans exemption on property within New York State?Yes EjH No

If Yes, the location of the property was or is:in question 3) orStreet address: ’

Village ofand the exemption was received in the following years:

(same as

City/Town of

I (we) hereby certify that all statements made on this application are true and correct to the best of my (our)knowledge and belief and I (we) understand that any willful false statement made herein will subject me (us) tothe penalties prescribed therefore in the Penal Law.

SIGN APPLICATION

Signature of ownpr( Date

0« liarlofl1Signature of Date

SPACE BELOW FOR ASSESSOR’S USE ONLY

Period of Cold Waractive service

(10%, 15%, or ceiling Max.)approved

Service connecteddisability rating

(x 50% or ceiling Max.)approvedCold War

veterans exemption(RP-458-b) Yes No Yes NoAssessment Total :

Village of

Town/City of

County of

Assessor’s signature Date

m10

November 20, 2008

To whom it may concern:

. This office verifies that:

Veteran: Daniel P.Haggerty

Served during the Cold War EramServed Honorably in the United States Armed Forces and meets the militaryservice criteria for a Veterans Alternative Real Property Tax Exemption basedDutchess County-

Veterans upon:Service Agency

Honorable service 15_ (15%)William JR.SteinhausCounty Executive

Nelson Eddy Rivera, USN (Ret)Director

American Legion Accredited Total:

VA service connected disability n/a (1/2 of VA rating of n/a%)

15 %Elva L.Girton

DeputyAmerican Legion Accredited

22 Market StreetPoughkeepsie

New York12601

(845)486-2060Fax (845)486-6452

[email protected]

Very trulyiyours,

Nelson Eddy Rivera,Director

ht±p:\ \ -5snsrw.dutcliessny.gov




Resolution adopted.

B, F, & P

-RESOLUTION NO. 2010067

APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Alfred E. Taylor Jr. and Jean Taylor

PO Box 307Stormville NY 12582

ACCOUNT NO.: 132800-6657-01-185808-0000

RE:

Legislators BORCHERT and HORTON offer the following and move its adoption:

WHEREAS, there is an assessment on the assessment roll for theTown of East Fishkill for2009 under the name of Alfred E. Taylor Jr. and Jean Taylor ,AccountNo.132800-6657-01-185808-0000,and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the County Director ofReal Property has investigated this claim and has found that the local Tax Assessor for the Town of EastFishkill has made a clerical error in said assessment, and





Corrected TaxTaxable ValueMunicipality Assessed Value Exempt Amt.642.66226,800369,000 142,200County507.93230,300Town of East Fishkill 369,000 138,700

369,000 247.15East Fishkill Fire 369,00061.08369,000E Fishkill Pub Library 369,000

$1,458.82TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Financeat theexpiration of the warrant,and be it further

RESOLVED, that the Commissioner of Finance be and hereby is authorized and directed tocharge-back the erroneous taxes after settlement with the collector at the expiration of the warrant asfollows:

$ 45.9136.28

$ 82.19

A342 Allowance for Uncollectible TaxesA430 Town of East Fishkill

Total

APPROVED


CA-21-10MB/ca G-1942/1/10

/Q .00/6Date.

Fiscal Impact: None


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature/this 8th dqjy of March, 2010.

lf/vr

Vutcfiess County Head Property Tax Service AgencyCOE investigating Report


Owner's Name Alfred E. Tavlor Jr, and Jean Taylor

PO Box 307 Stormville NY 12582Mailing Address

87 Sunnv LaneProperty Location

School District Wappinaers Central School Dist. Special District


Taxable Assessed Value now on roll 243,000Cntv / 246,750Town Corrected to 226,800Cntv / 230,300Town

Exempt codes and amounts if applicableVeterans Exemption 45,000 Cntv / 40.000 Town / Senior Exemption 97,200 Cntv ! 98,700 Town

Should be $1.458.82Amount Levied $1,541.01

Verified with assessor? X ves noTax Bill Paid? yes X no


X Subdivision 2,Paragraph _B_ (clerical error)Subdivision 3,Paragraph (error in essential fact)


Reason:

Exemption was approved by assessor, but not entered on roll

Exemption amount incorrectly calculated X





Parcel Misclassified as homestead, non-homestead or portions misallocated


DENY APPLICATIONRecommendation X APPROVE APPLICATION

Details: It is recommended that the application to correct the 2009/10 Cntv/town tax bill be approved.

nQ A />.OLAJL -' DirectorInvestigator J: /)/visCiD


»10: 3APPLICATION FOR CORRECTED TAX ROLL

FOR THE YEAR 20 /-C? ' > M. U I < ;Part I s To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF KEAS'PROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of waiTant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessors

. bating that assessor(s) have oblpined^roof that parcel should have been granted tax exempt status on tax roll .

I f 4&A«J

Qi i:

SU

2. Telephone NumberDay) Evening ( )

la. Name of Owner/0 3O"7 u i

J ArotzM Ji'u " MVJ l[3. Parcel Location (if different than lb.)-J

- (2-SSZ-.i LLt:lb. Mailing Address

- p_ i • \ Ss 2oS4. Description of real property as shown on tax roll or tax bill (Include tax map designation) 1( 1 / 4 . i c?n£±lSlol5. Account No. 6. Amount of taxes currently billed


t AhJj ht h i (Z-A D I ipTlZLt I

IPUJ / AC-DMC

w

r the following reasons (use additional sheets if necessary):

l ACOHC-teiZoiz-i

j-o • J-DI O v vvuoDate Signature pplicant

PART IT: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact) andrecommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error falls.

Date application received: Period of warrant for collection of taxes:

•;/3g//CL^V.pov.,application* | [Deny ApplicaPon

Last day for collection of taxes without interest:

Recommendation:

Dati Signature of Couliw Director


PART III: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION :(Insert Number or Date)

APPLICATION APPROVED Amount of taxes currently billed: $

Notice of approval mailed to applicant on (enter date): Corrected tax: $



Seal of Office



This lavit or a letter signed by the assessor must be submitted for every requested Correction of Error.

/4 hÂ/OrUi P /)&TI,ÂU1L£ELL assessor for the Town/City of

Dutchess County, do hereby affirm that the assessment or taxable assessment on

PUS7 - Oh / *»5 ffd t f' / /IA'jLl)<e /{ LP&EA NHT. * / fflijuj /C

Grid #

owned by

<2-0 fe?as shown on the .(yr) Assessment/Tax roll of the

P A Gf". Pr' shltTU LJ.Town/City of

School district of id A PP < -C ire&S Ôr/tA-c lÔDL' ^ > &ri 1îs incorrect and may be corrected per RPTL 550.

An explanation of the error and how it occurred is as follows: (Please be specific)

IrfcLukek \Z- A Tpi^riz-i & LiSto^ '3 M 1 .

PoZ- Uud&e liphi COK\O C o t-io43 ~-v ,

roVLy. tj\

So ^

Assessment was: .Should be:.

Exemption was: Should be: pir *i2 §Other:

XTI request that the County Director investigate and make a recommendation to the taxlevying body to correct such error and issue a new bill or refund.

• Jg <?-£> ( o Signature of Assessor or Desigrrgg /'PSDate


e.g.

Exemption application indicating approval/denialCopy of property record card, work book or other final work productCopy of paid tax billVerified statement of BAR (for grievance changes not appearing on final roll)Any other documentation requested by the Director to complete the investigation


'' $5 /22/2009 .1.4:17 FAX 8454862093'V RP-42S rev.jg/08)

® 001EAST HSItmL

pgMMSsrFEB 112(109 y

Application for School TAx Relief (STAR) IggBLDear Property Owner,-

You may be eligible for a School Property Tax Savings. If you own property and it is your primaryresidence, you are probably eligible for a STAR school property tax exemption. To receive yourexemption all you have to do is complete the following sections,sign, date and return this form to yourlocal assessor by taxable status date. The assessor may require proof of residency and ownership.

Palling address of owner(s)P o tW 3>o"lSV/Pf yy\« ' \l(? ( fY V

Name and telephone number of owper(s)A1PreA £ ~ViSot

[

Day Number ( f.N'i ) 2~9s\ -Evening Number ( ‘ )E-Mail Address

‘Location- of % ft p i'i .Ail 5DOAV L\aStreet address Village (if any)

IOAQO\ cs'

School districtCWe.

City/town luj- oi - ii£MTax map number or ssction/block/iotProperly identification (see tax bill or assessment roll)

You may be eligible for a larger school property tax savings if you meerthese g§£ & &

1. If you are applying for STAR for the 2009-2010 school yeana)' Will all owners be at least 65 years of age. as of December 31, 2009? ORb) Is the property owned by a husband and wife or by siblings, whereby atleast one spouse or sibling will be 65 years of ag© as of December 31, 2009? Yes gj Nop

2. Is the total 2007 income of all the owners, and of any owners' spouses residing on the premises,$73,000 or less? (See definition of income for STAR purposes on back of form.) Yes Q Nop

If the answer to both questions 1and 2 Is yes,ail owners, including non-resident owners, must attach a copy oftheir 2007 federal or 2007 State income tax return (if filed). (Tax schedules and tax form attachments are

not routinely required.) Return this form to your local assessor by taxable status date. The assessor mayrequire proof of age. Do not file this form with the New York State Office of Real Property Services,

Caution: Anyone who misrepresents his or her primary residence, age or income shall be subject to a $100 penalty. shallbe prohibited from receiving the STAR exemption for five years, and may be subject to criminal prosecution.

1(we) certify that all of the above informatics, is «

earaset andtl«*t thfeproperty listed5'MilWownedby stud is my (our) primaryresidence.I(we)understand it is my (our)obligation to notify ±feeassessor ifS (we)relocate to another primary residence and to 5provide any documentation ofeligibility that is 'requested. " Z

either

date.

: Signature/ J?h / iâte

ft/ft /Afl

SignatuV

SignatureD«UQ




Resolution adopted.

B,F, & P


APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BELLAPPLICANT: Rose Murphy

305 Stonegate LaneHopewell Jet. NY 12533

ACCOUNT NO.: 132800-6566-00-318450-0021

RE: :

Legislators BORCHERT and HORTON offer the following and move its adoption:

WHEREAS, there is an assessment on the assessment roll for theTown of East Fishkill for2009 under the name of Rose Murphy, Account No. 132800-6566-00-318450-0021, and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, theCounty Director ofReal Property has investigated this claim and has found that the local Tax Assessor for the Town of EastFishkill has made a clerical error in said assessment, and




RESOLVED, that the Clerk of the County Legislature be and she hereby is authorized anddirected to send a copy of this resolution to the applicant and to the Town Tax Collector,directing said TaxCollector to issue a corrected tax bill as follows and attach a copy of this resolution to the warrant:

Taxable Value Corrected TaxMunicipality Assessed Value Exempt Amt.313.11130,000 19,500 110,500County

110,500 243.71Town of East Fishkill 130,000 19,50087.07East Fishkill Fire 130,000 130,000

E Fishkill Pub Library 130,000 130,000 21.52$665.41TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Finance at theexpiration of the warrant,and be it further


$ 55.2643.01

$ 98.27

A342 Allowance for Uncollectible TaxesA430 Town of East Fishkill

Total

CA-22-10MB/ca G-1942/1/10

APPROVED


t Q .<QOIO

Fiscal Impact: None


COUNTY OF DUTCHESS

This is to certify that 1» the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalMarch, 2010, and that the same is a true and correctresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th

transcript of said original resolution and of the whole thereof. /IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature dJs 8th dayibf March, 2010.

PJVT

Vntc&ess County ReaC Property 7ax Service AgencyCOE St7nvestigatin0 Report


Rose MurphyOwner's Name

Mailing Address Porta Space Inc. C/O Rose Murphy 305 Stoneaate Ln Hopewell 3ct. NY 12533

Property Location 305 Stoneoate Lane

School District Wappinqers Central School Dist. Special District


Taxable Assessed Value now on roil 130,000 Corrected to 110,500

Exempt codes and amounts if applicableVeterans Exemption 19,500

5763.68 Should be 5665.41Amount Levied


Error Claimed is defined in Real Property Tax Law, Section 550:

X Subdivision 2,Paragraph _C_ (clerical error)Subdivision 3,Paragraph (error in essential fact)


Reason:



Assessed vaiue on roll does not match assessor's final work product




Parcel Misclassified as homestead,non-homestead or portions misallocated




'"'WIOLAJIAAol* A DirectorInvestigator ADAVS

V v


APPLICATION FOR CORRECTED TAÎiSt^H 22 Pri I2; 0 IREAL PROPERTY

TAX- S E R V I C E SPart1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (InNassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessors) have obtained proof that parcel should have been granted tax exempt status on tax roll.

/oFOR THE YEAR 20

la. Name of OwnerEvening f 1Day

2. Telephone Number

JhI- jefiaodtu— \Jdi' • /J - /Z£35>

lb. Mailing Address

Air.fA . '6 o .

/\ ./)>J /2 AOtyp-az 4? ?PTo*JC.CT6 T£.

l>zrAÂce. HOUI /ALII.3. Parcel Location (if different than lb.)

4. Description of real property as shown on lax roll or tax bill (Include tax map designation)

6. Amount of taxes currently billed5. Account No.


for the following reasons (use additional sheets if necessary): JAZ \C /E A7 A/O^/ho61JOeA /i- •

L \\Wu' / 4-C^30 / <Z>Signature of AppliqamDate

PART II: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact)recommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error falls.

Date application received: Period of warrant for collection of taxes:


I L-fApprove application* ! 1Deny ApplicatioRecommendation: iterate/ /26' I/ OSignature of /Cûnty Director•ate

If box is checked, this copy is for assessor and board of assessment review of city/town/village ofwhich are to consider attached report and recomfiiendation as equivalent to petition filed pursuant to section 553.


Amount of taxes currently billed: $APPLICATION APPROVED




Seal of Office


Date


This affidavit or a letter signed by the assessor must be submitted for every requested Correction of Error.

ATtli eed /) assessor for the Town/ City of >wf4T

'Dutchess County, do hereby affirm that the assessment or taxable assessment on

- • tbro- Q$%\O £>Grid #

j^DS.CL OPL/94owned by

.(yr) Assessment/Tax roll of theas shown on the

Town/City of .

School district ofo AC*AtrA-+ L. f\s T/LJOT

&

is incorrect and may be corrected per RPTL 550.t£

An explanation of the error and how it occurred is as follows: (Please be specific)

'e

^TZPAAS. ke" f APPL.!£6 4A>c -’

*r $-oftm.1/5m 6&L MShould be:

Sh&uld be:

Assessment was: u‘ ...

Exemption was:

Other:

I request that the County Director investigate and make a recommendatj

levying body to correct such error and issue a new bill or re

t <3 Signature of Assessor or Designee


/ / f • <J-0Date 7

e.g.Exemption application indicating approval/denialCopy of property record card, work book or other final work productCopy of paid tax billVerified statement of BAR (for grievance changes not appearing on final roll)

Any other documentation requested by the Director to complete the investigation


\

ilTOfllFlf; j||( j) «98588.9^».

LC V »

» OCT 2 7 2008»DiNYSJBQARP DF REAL PROPERTY SERVICE

APPLICATION FOR ALTERNATIVE VETERANS EXEMPTIONFROM R EAL PROPERTY TAXATION

Ic py,

(General information and instructions for completing this form are contained in Form RP-458-a-Ins)

2. Mailing address of owner(s)

W.P^-US 6. \ l 3i - j t \J .L|, l ^

1. Name and telephone no.of owner(s)

Day No. 540-Evening No. ( ) . % l A

gTPNtSgjftlSStreet address J .VWa£.ui£\ \ KALI'city/tbwn >

3. Location of property (see instructions)UN£/ Village (if any) •

Property identification (see tax bill or assessment roll)Tax map number or soetion/block/Iot

4. Is the owner a veteran who served in the ictive military, naval or air Service of the United States?_Yes ^NoIf No, indicate the relationship of the owi ier to veteran who rendered such service: Una?If Yes, is the veteran also the unremarried surviving spouse of a veteran? Yes V No5. Indicate branch of veterans service and dates of active service: VAS. MftWi

.*

(Attach written evidence)6. Was the veteran discharged or released fiom the active service under honorable conditions? V"Yes No(Attach written evidence)7. Did the veteran serve in a combat zone ot combat theater? Yes V NoIfYeg; whore did the veteran serve and When was such service performed?_

(Attach written evidence)8. Has the veteran received, or did the veteran receive prior to his/her death, a compensation rating from theUnited States Veteran’s Administration or from the United States Department of Defense as a result of aservice connected disability? Yes Y No

If Yes, what is (was) the veteran’s compensation rating? ..(Attach written evidence showing the date such rate was established)check if rating is permanent?

IfNo. did the veteran die in service of a service connected disability or In the line of duly while serving duringwartime? Yes V No (Attach written evidence)

9. Is the property the primary residence of the veteran, unremarried surviving spouse of the veteran or Gold Starparent? Yes NoIfNo. is the veteran, unremarried surviviiig spouse of the veteran or Gold Star parent the owner of the properlyand absent from the property due to medical reasons or institutionalization? Yes NoExplain:

10. Is the property usod exclusively for resid sntial purposes? Yf Yes NoIfNo.describe the non-residentiat use of this property and state what portion is so used.

RP-458-a (1/03 (rev.S/06)) 2

11. Date tide to this properly was acquired: _____12. Has the owners) ever received or is the owners) now receiving a veterans exemption based on eligible funds

, on property in New York State? Yes ytf No

If yes, the amount of eligible funds used in the purchase was S

(attach copy of deed)

.(same as in question 3) orThe location of the property was or is:

Street address:’ City/Townof School DistrictVillage of

I (we) hereby certify that all statements made on this application are h ue send correct to the best of my (our)knowledge and belief and I (we) understand that any willful false stafe ment made herein will subject me(us) to thepenalties prescribed therefore in the Penal Law.

ALLOWNERS MUSTSION APPLICATION

Signature of owners) Date

SPACE BELOW FOR ASSESSOR’S USE ONLY

Combaljzoneservice

(includingexpedite -nary

medal) (13% or .ceiling Max!)

approvedYes _No '

Serviceconnected

disability rating(x 50% or

ceilingMax.)approved

Period of waractive service or

expeditionarymedal recipient(15% or ceilingMax.) approved

Alternativeveterans

exemption(RP-458-a) Yes No Yes No TotalAssessment

Village of

Town/City of

County of

DateAssessor’s signature



ABSENT: 1-Bolner.NAYS: 0:

Resolution adopted.

B,F, & P


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Irene Csordas

57 Nemes WayPoughkeepsie NY 12601

ACCOUNT NO.: 134689-6159-01-083944-0000

Legislators BORCHERT, ROMAN, HORTON, FLESLAND, and ROLISON offer thefollowing and move its adoption:

WHEREAS, there is an assessment on the assessment roll for theTown of Poughkeepsie for2009 under the name of Irene Csordas, Account No. 134689-6159-01-083944-0000, and


WHEREAS, pursuant toSection 554 of the Real Property Tax Law, theCounty Director ofReal Property has investigated this claim and has found that the local assessor for the Town ofPoughkeepsie has made a clerical error in said assessment, and




RESOLVED, that the Clerk of the County Legislature be and she hereby is authorized anddirected to send a copy of this resolution to the applicant and to the Town Tax Collector, directing said TaxCollector to issue a corrected tax bill as follows and attach a copy of this resolution to the warrant:

Corrected Tax977.60

Municipality Assessed Value Exempt Amt- Taxable ValueCounty 345,000 345,000

1,053.95Town of Poughkeepsie 345,000 34,500 310,500Townwide Drain Imp. 1,600 units 1,600 units 12.60Arlington Fire 345,000 1,453.36345,000Consolidated Light 345,000 345,000 46.03Pok Lib, District 345,000 345,000 172.49So. Gate Sewer 50 units 50 units 8.15TownWide Wat Imp 2,600 units 2,600 units 177.15

$3,901.33TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Finance at theexpiration of the warrant,and be itfurther


58.56A430 Town of Poughkeepsie$ 58.56Total:

CA-24-10MB/ca G-1942/1/10

APPROVED


DateV/Zky /O l£j .QQKlFiscal Impact: None


COUNIT OF DUTCHESS

This is to ccrri fy that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof. ^

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature/ this 8th jlay/of March, 2010.

>A'

Dutcfiess County Read Property lax Service AgencyCOE ^nvestigntiijg Report


Irene CsordasOwner's Name

Mailing Address 57 Nemes Wav Poughkeepsie NY 12601

Property Location 57 Nemes Wav

School District Spackenkill Central School Dist. Special District


Taxable Assessed Value now on roll 327,750 Town / 345,000 Cntv Corrected to 310,500Town / 345,000Cntv

Exempt codes and amounts if applicableSenior Exemption Town 34,500

Should be $3,901.33Amount Levied $3,959.89



X Subdivision 2, Paragraph B (clerical error)Subdivision 3,Paragraph (error in essential fact)

Subdivision 7, Paragraph (unlawful entry)

Reason:


Exemption amount incorrectly calculated X









bjV) DirectorInvestigator7 a



FOR THE YEAR 20 / 4Part1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessors) have obtained proof that parcel should have been granted tax exempt status on tax roll.

Davf^yS) Evening / 1la. Name of Owner 2. Telephone Number

7 A&s&gjL

lb. Mailing Address 7

E g.-r-'v

C

a:co Lo3. Parcel Location (if different than lb.) ^ -rp cn

orT $ni Ti-4. Description of real property as shown on tax roll or tax bill (Include tax map designation)

ti$m!*0i%

6 . Amount of taxes currently billed5. Account No.

(county/city/school district; town in Westchester County; non-assessing unit village)

for the following reasons (use additional sheets if necessary): /fi/'dtS/lJfltSv) /CCr/%/ tZArc?s’A/XGX’.'Z'i' Xy x t r j / /&A- X&Xsy 3/, j// <3/,397* 9/ /VAK / XJGr

//tee- A /// tz&xJ sx/J/ zsAd AS -


:

'S’Signature of ApplicantDate

PART II: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact) andrecommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error falls.

t/ z u f i QDate application received: Period of warrant for collection of taxes:

a j M bLast day for collection of taxes without interest: _____O'Approve application* f~lDeny ApplicationRecommendation:

/ /A7// t>7/ Signatureof County DirectorSate

* If box is checked, this copy is for assessor and board of assessment review of city/town/village ofwhich are to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.

PART in: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION(Insert Number or Date)

APPLICATION APPROVED Amount of taxes currently billed: S_Notice of approval mailed to applicant on (enter date): Corrected tax: $

!Order transmitted to collecting officer on (enter date):


Seal of Office


Date

TO THE DIRECTOR OF REAL PROPERTY TAX SERVICES;'lUJuA Assessor of the Town of

Dutchess County do hereby certify that the real property owned by

J; VH. {2&70&U3 .GRID #1

shown on T01( y«ir)

and assessed in the amount of ^J*fS.OQO

unlawful entry/ error in essentia!fact resulting from /LrfL />svJ si/ss/ ~heACto/bcJ- .CA&'L&A.# CrtLg?xte> yfa 7^<-. puyvavt*, du&j/ a /0& oxJUu/THEREFORE, I hereby do/do not support a recommendation of the Director of RearProperiyTax Service that a new bill or reftind be issued for above said parcel.

Attached is documentation for the investigation of thisyeport./VÎSESSOR/?u .rfr/fSlAjeXfPjL&c

-icWoJfU. Co oncogj&ecfis correct/mcorrect due to clerical error/

DATE 7

<^TOW|5/fclTY

DOCt IXfFNTATTON RF.Ot rF.STfiD

êxemption application ( ) assessor work book( ) property record card < ) verified statement from BARO^cbiU . . < ) paid tax bill( ) other

!

-V-? /V)

80 $)

mam " g|Bpgg|j|^pl£]

#81111SH

JST

1

Name(s) of Owner(s) Source of Income Amount of Income

A 7:? f./ 7. 32-0. 0~OTSTCfTTfi

Name(s) of Resident Spouse(s)if not owner of property

Amount of Incomeof spouse(s)

Source of Incomeof spouse(s)

$4b. Subtotal of Income of Owner(s) and Spouse(s)

4c. Of the income in 4.b., how much, if any, was used to pay for anowner's care in a residential health care facility? Please attach proof ofamount paid; enter zero if not applicable.

4d. [(4b) minus (4c)J

a$ c-<\J

$ 0~t>c

4f-4deduction for unreimbursed medical and prescription drugexpensSsss- uthorized by any of the municipalities in which property islocated (contacTa;(i) Medical and prescriptiorTcJfng~6esisi_(ii) Subtract amount of (i) paidorjeimttllmei(iii) Unreimbursed ai

•< 07for information), complete thefoliowingr vo$

$(attach proof of expenses ana

___rgimbufsefnent, if any; enter zero if option not available);Subtotal income of owner(s) and spouse(s) [4d minus 4e(iii)] $

4f. If a deduction for veteran's disability compensation is authorized by anyof the municipalities in which property is located, complete the following:Veteran's disability compensation received

(attach proof; enter zero if not applicable)Total income of owner(s) and spouse(s) [4e minus 4f]

5. CertificationI certify that all statements made on this application are true and correct to the best of my belief. I

understand that any willful false statements of material fact will be grounds for disqualification from

further exemption for a period of five years

$$

Djlarus "—" PB;l nrr b

Marit;Signature(If more than one owner, all must sign.)/Jr / 0 fjr // f

~Z7

Space Below for use of Assessor(plication Approved CZLftpplication Disapproved Q

Village %

Date Renewal Application Filed

Exemption Applies to Taxes Levied by or for j 1 Citv/TownSchool °/o

Date.Assessor's Signature.



ABSENT: 1-Bolner.NAYS: 0

Resolution adopted.

B,F, & P


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BELLAPPLICANT: Robert Englert

PO Box 132Verbank NY 12585

ACCOUNT NO.: 135400-6662-00-337269-0010

Legislators BORCHERT and SURMAN offer the following and move its adoption:

WHEREAS, there is a re-levied school tax on the County/Town tax roll for the Town ofUnion Vale for 2009 under the name of Robert Englert, Account No. 135400-6662-00-337269-0010, and


WHEREAS,pursuant toSection 554 of the Real Property Tax Law, theCountyDirectorofReal Property has investigated this claim and has found that the local Tax Collector for the MillbrookCentral School Dist. has made a clerical error in said re-levy, and




RESOLVED, that the Clerk of the County Legislature be and she hereby is authorized anddirected to send a copy of this resolution to the applicant and to theTown Tax Collector, directing saidTaxCollector to issue a corrected tax bill as follows and attach a copy of this resolution to the warrant:

Corrected TaxTaxable ValueMunicipality Assessed Value32,550

Exempt Amt.32,550 92.23County32,550 53.92Town of Union Vale 32,55032,500 31.79Union Vale Fire 32,500

$177.94TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as being

erroneous when the accounts are settled with the Commissioner of Financeat the expiration of the warrant,and be it further

RESOLVED, that the Commissioner of Finance beand hereby is authorized and directed tocharge-back the erroneous taxes after settlement with the collector at the expiration of the warrant asfollows:"

$ 22.41320.21

Total $342.62

A342 Allowance for Uncollectible TaxesA440 Millbrook Central School Dist.

CA-23-10MB/ca G-1942/1/10Fiscal Impact: None

APPROVED


(Q .<5)0/0Date


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of tine Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature tfyis 8th day of/March, 2010.

|

VutcAess County Head Property Tax Service AgencyCOE investigating Report


Owner's Name Robert Englert

Mailing Address Skv Acres Enterprises Inc. C/O Robert Englert PO Box 132 Verbank NY 12585

Styles WavProperty Location

School District Millbrook Central School Dist. Special District

Total Assessed Value now bn roll 32.550 Corrected to Same

Taxable Assessed Value now on roll 32.550 Corrected to Same

Exempt codes and amounts if applicable

Should be $177.94Amount Levied $520.56

Verified with School Tax Collector? X yes noTax Bill Paid? yes X no


X Subdivision 2,Paragraph H (clerical error)Subdivision 3,Paragraph (error in essential fact)


Reason:








Other: X Previously paid School Tax bill incorrectly re-levied in the amount of $342.62.Recommendation DENY APPLICATIONX APPROVE APPLICATION


Investigator Directora

PAGE 02/02MILLBROOK CSD845-677-420601/21/2010 15: 07

NYS BOARD OF REAL PROPERTY SERVICES RP 554 (9/04)


FOR THE YEAR 20 IOPart1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt, parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessor^) have obtained proof that parcel should have been granted tax exempt status on tax roll.

Evcnice (ErvaterV-Qwpr 2.Telephone Numberis. Name of

S4u[rA yJa (t >Liyery>

VO P>n\c A5 fLlb.Mailing AdAess

CAASA 4J-.^44- A-iV ~Tr sp/i~4. Description of real property as shown on tax roll or tax bill (Include tax map designation)

S Aocount No.13^400- L o l /i i/v3— A m o u n t of taxes currently billed


3. Parcel Location (if different, than lb.)

fe4a . la

(county/cily/sehool district; town in Westchester County; non-assessing unit village)

for the following reasons (use additional sheets if necessaty): UtSS. VA. I/A < '“'j)/} t 4 ~ /HQ'f ^p/^S'tedSchr.pt C' hWr'i'Coca

' Signature of Applicator ”*/ / / 1 f

rDate

PART lit For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact) andrecommendation. Indicate type of error and paragraph of subdivision 2,3 or 7 of Section 550 under which emor falls.

tjjjJ 10 ofDate application received: Period of warrant for collection of taxes:

2hsjmLast day for collection of taxes without interest:

f Ânurova application* I Ipenv ApplicaliRecommendation:

//47 //O/ Date'

&Signature of Cdunty Director

*LJ j If box is checked, this copy is for assessor and board of assessment review of cicy/town/village of1 1 which are to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.

PART HI: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION(Insert Number 01 Dale)

APPLICATION APPROVED

Notice of approval, mailed to applicant on (enter date):

Order transmitted to collecting officer on (enter date);

APPLICATION DENIED

Amount of taxes currently billed: S.

Corrected tax; $

Reason:

Seal of Office


Date




Resolution adopted.

B,F, & P


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Kensington Village Comm Inc.

77 Kensington Dr.Hyde Park NY 12538

ACCOUNT NO.: 133200-6164-01-455684-0000


WHEREAS, there is an assessment on the assessment roll for the Town of Hyde Park for2009 under the name of Kensington Village Comm Inc., Account No.133200-6164-01-455684-0000 , and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, theCountyDirector ofReal Property has investigated this claim and has found that the local Tax Assessor for the Town of HydePark has made a clerical error in said assessment, and





Corrected TaxMunicipality Assessed Value Exempt Amt. Taxable Value2,465,900 15,189.95County 2,465,9002,465,900 11,841.85Town of Hyde Park 2,465,9002,465,900 1 ,166.27Hyde Park Library 2,465,9002,465,900 5,497.00Roosevelt Fire 2,465,90059 units 20,285.97Zone L Comm Dev 59 units

$53,981.04TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Financeat the expiration of the warrant,and be it further

RESOLVED, that the Commissioner of Finance beand hereby is authorized and directed tocharge-back the erroneous taxes after settlement with the collector at the expiration of the warrant asfollows:

$ 206.36160.8715.8474.68

$ 457.75

A342 Allowance for Uncollectible TaxesA430 Town of Hyde ParkA430 Hyde Park Library (HPLIB)A430 Roosevelt Fire (RF017)

Total:


APPROVED

1WILLIAM R. STEINHAUSCOUNTY EXECUTIVE

Date -r/tudb fcD . <3010


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of Match, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF,1 have hereunto set my hand and seal of said Legislature ehis 8th day of March, 2010.

fm jTROHI N,«LEJlK

Vntcfiess County Head Property Tax Service AgencyCOE investigating Report


Owner's Name Kensington Village Comm Inc.

Mailing Address 77 Kensington Dr. Hyde Park NY 12538

5 First Dr.Property Location

School District Hvde Park Central School Dist. Special District

Total Assessed Value now on roll 2,499,400 Corrected to 2,465,900

Taxable Assessed Value now on roll 2,499,400 Corrected to 2,465,900

Exempt codes and amounts if applicable

Amount Levied $54,438.79 Should be $53,981.04



X Subdivision 2,Paragraph F (clerical error)Subdivision 3,Paragraph (error in essential fact)


Reason:

Exemption was approved by assessor,but not entered on roll







Other: X Duplicate Assessment


Details: It is recommended that the application to correct the 2009/10 Cntv/Town tax bill be approved.The assessment of an individual trailer was included in the whole park assessment in error. The individual

trailer in question will receive it's own tax bill, due to the Veterans exemption status it has been granted by theassessor.

Investigator Director d*.4



FOR THE YEAR 20OPart 1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessor(s) have obtained proof that parcel should have been granted tax exempt status on tax roll.

VTlWoqg- Inc PavfW 'i ,33?^)*£la. Nirrle of Owner 3 ^ 2. Telephone Number

"7"7

lb. Mailing Address

Evening ( 1

3. Parcel Location (if different than ib.)


5. Account No. 6. Amount of taxes currently billed

7. I hereby request a correction of tax levied by \?Tv J\cJt/Vl' CfXvv'xVx j ~ \(. JI ,yr\ Q-C rLidb?(county/city/school district; town in Westchester County; non-assessing unit village)

for the following reasons (use additional sheets if necessary): £-Q_ C ’ ^ O.A^g_<3

Cg? cso-*rQ—^Signature of Applicant -1Date


Period of warrant for collection of taxes: 12MO1urnDate application received:

%\nlioLast day for collection of taxes without interest:

I *'*'’!Approve application* I I Deny Application , t

J Signature of Countfpirector

Recommendation:

Dat


PART III:For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION(Insert Number or Date)

Amount of taxes currently billed: S.APPLICATION APPROVED

Notice of approval mailed to applicant on (enter date): Corrected tax: $



Seai of Office


Date

A#iillilP®#:

HISTORIC TOWN OF HYDE PARKMm -Q PH& itt

4383 Albany Post Road,Hyde Park, N.Y.12538

(845) 229-7103- Ext.123 Fax (845) 229-1901

Tim McGowanAssessor


The assessor’s office is requesting a correction on tax parcel 6164-001-455684, located on 62 Sixth Dr, in Hyde!

Park, NY. The owner is Ann Vermehren.

In our error, the parcel was deleted, eliminating her veteran's exemption. Please add this parcel back onto the

roil along with her exemption (41123 and 41122 and 41834) and send her a new tax amount.

Also, because this parcel is located in a mobile home park, the park will need to receive a new tax bill

eliminating Ann Vermehren’s assessment at $33,500 from the park’s total assessment of $2,499,400. This new

assessment should be $2,465,900.Attached is a copy of Ann's approved veteran exemption application, the RP-554 for Ann Vermehren and the

i

RP-554 for the Park’s new tax bill.If there are any other questions or you need more information, please feel free to contact our office.

Sincerely,

Tim McGowanTown Of Hyde Park Assessor




Resolution adopted.

B,F, & p


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Bruce E. Waxman

Rona Waxman29 Blackthorn LoopWapp Falls NY 12590

ACCOUNT NO.: 135689-6258-03-015012-0000

Legislators BORCHERT AND GOLDBERG offer the following and move its adoption:

WHEREAS, there is a tax on the tax roll for the Town of Wappinger for 2009 under thename of Bruce E. Waxman and Rona Waxman, Account No. 135689-6258-03-015012-0000, and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the County Director ofReal Property has investigated this claim and has found that a clerical error was made on the tax roll for theTown of Wappinger in the extension of said tax , and





Municipality Assessed Value Exempt Amt- Taxable Value Corrected TaxCounty 355,000 355,000 1005.92Town of Wapp OutsideHomestead

180,500 180,500 221.80

Town of Wapp OutsideNon-Homestead

174,500 174,500 319.09

iGrinell LibraryHomestead

180,500 180,500 28.46

Grinell LibraryNon-Homestead

174,500 174,500 41.86

Ambulance Homestead 180,500 180,500 23.47Ambulance Non-Home 174,500 174,500 34.28

180 unitsWapp S Trans/Treat #1 180 units 540.87Wapp S Trans/Treat #2 '180 units 180 units 111,29New Hackensack Fire 355,000 181.20355,000Wappinger Cons Water 100 units 100 units 139.75Cntr WappingerSwr Imp 200 units 200 units 60,56

$2,708.55TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to increase the warrant as follows:

CountyTown of WappingerGrinell Library

949.95484.92

14.35$1,449.22Total

and be it further

RESOLVED, that the Commissioner of Finance make the appropriate adjustments as follows:

Increase:A250 Due from Town of WappingerA640 Due to Town of WappingerA980 County Share

1,449.22499.27949.95

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Finance at theexpiration of the warrant,and be it further !


$58.15A430 Ambulance (999AM)


APPROVED


A3 . o>ryoDate

STATU OF NEW YORKss:

COUNTY OF DUTCHESS

This is to cerrify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 8th day df March, 2010.

CLMJAJPATRICIA]. HOHMANN, CLERIC OF THE LEGISLATURE

Vntcfiess County Head Property Tax Service AgencyCOE investigating Report


Owner's Name Bruce E. and Rona Waxman

Mailing Address 29 Blackthorn LOOP Wappinaer Fails NY 12590

29 Blackthorn LoopProperty Location _School District Wapoinaers Central School Pist. Special District


Taxable Assessed Value now on roil 355,000 Corrected to Same

Exempt codes and amounts if applicable ,

Should be $2,708.55Amount Levied $1,317,48

Verified with assessor? X ves noTax Bill Paid? yes _X no


X Subdivision 2,Paragraph D (clerical error)Subdivision 3,Paragraph (error in essential fact)Subdivision 7, Paragraph (unlawful entry)

Reason:








Other: X Mathematical error present in the computation of the tax


Details: It is recommended that the application for a corrected 2009/10 Cntv /Town tax bill be approved.This is a homestead/non-homestead split parcel. The class record file on the computer system was mistakenly

deleted; and due to this error the computer system was unable to tax the homestead and non-homestead portionscorrectly.

3m UJLA--DirectorInvestigator ~' /


APPLICATION FOR CORRECTED TAX^W/^|2 PM M 57FOR THE YEAR 20 I. O PROPER ft

* AX SERVICESPart 1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessor(s) have obtained proof that parcel should have been panted tax exempt status on tax roll.

i2. Telephone Numberla. Name of Qwner

\ £S <z O3. Parcel Location (if different than lb.)

B1& v i CQQPlb. Mailing Address ,

ci - M38 ~o3' £> \ 5 o i> i4. Description of real property as shown on tax roll or tax bill (Include tax map designation)

6. Amount of taxes currently billed5. Account No.Q (3-y 1 lA X'H s/>

'7hl .t fYL(county/city/school district; town in Westchester County; non-assessingWit village)

hn7, I hereby request a correction of tax levied by Mr-,C 0 OJ\A r rxLfor the following reasons (use additional sheets if necessary): cr\

"2?I x Ln (oiSignature of ApplicantDate


Date application received: lluj-LD Period of warrant for collection of taxes: jChj 3fit j0*fJ h n j i o

[^'Approve application* I 1 Deny Application \

{/xrdjtcoK, / Sigr.atVpe of County Director



Recommendation:

//^cV/o7 fate

*

PART ni: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION(Insert Number or Date)

Amount of taxes currently billed: $._APPLICATION APPROVED

Notice of approval mailed to applicant on (enter date): Corrected tax: S



Seal of Office


Date

r01/13/2010 15:51 8452978451 TOWN OF WAPPINGERTO THE DIRECTOR.OF REAL PROPERTY TAX SERVICES; PAGE 01/01

r { ( 4 v\ llMA . Assessor of the Town of

Dutch«s County do hereby certify that the real property owned by

nil)6 f Tax Roll of the, ( y«o

and assessed In the amount of ^3*5 3 . is corf

unlawful entry/ error in essential fact resulting from ^

GRID # -Oh.~Q&P f ^-/ McfUw

t©4erical errortjyl District ofshown 6« the

&

1THEREFORE, I hereby do/do not support a recommendation of the Director of Real Property

. Tax Service that a new bill or refimd be issued for above said parcel.

Attached is documentation for the investig >rt.m<* £ CAi 3RDA‘

• [ I X>rtf )/ /i ct&mtctfr /r--PC

DOCUMENTATION Rgpr rp.STttn

, O exemption application( ) property record cardO tax bill

'0other:

( ) assessor work book( ) verified statement from BAR( ) paid tax bill



NAYS: 0 ABSENT: 1-Bolner.Resolution adopted.

B, F, & P

- RESOLUTIONNO. 2010073

RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: JohnE. Harkin

673 Dutchess Tpke.Poughkeepsie NY 12603

ACCOUNT NO.: 134689-6261-01-225896-0000

Legislators BORCHERT and HORN offer the following and move its adoption:

WHEREAS, there is an assessment on the assessment roll for theTown of Poughkeepsie for2009 under the name of John E. Harkin, Account No. 134689-6261-01-225896-0000, and


WHEREAS, pursuant toSection 554 of the Real Property Tax Law, the CountyDirectorofReal Property has investigated this claim and has found that the local assessor for the Town ofPoughkeepsie has made a clerical error in said assessment, and





Municipality Assessed Value191,000

Exempt Amt. Taxable Value Corrected Tax541.22191,000County

1,211.94Town of Poughkeepsie 191,000 191,000Townwide Drain Imp. 900 units 900 units 7.09

804.61Arlington Fire 191,000 191,000Arlington Sewer Main 300 units 300 units 52.10Consolidated Light 191,000 191,000 42,92

161.80Pok Lib. District 191,000 191,000TownWide Wat Imp 1 ,500 units 1,500 units 102,20

$2,923.88TOTAL:

!

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Finance at the expiration of the warrant,and be it further

RESOLVED, that the Commissioner of Finance be and hereby is authorized and directedto charge-back the erroneous taxes after settlement with the collector at the expiration of the warrant asfollows:

$798.88$798.88

A430 Arlington Sewer Main (AS0F5)Total:


APPROVED


. c00/0 \Date.


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof. ^—v

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature/this 8th my ©f March, 2010.

OFTHE LEGISLATURE>A'i J .

Dntc&ess County Read Property lax Service AgencyCOE investigating Report


John E. HarkinOwner's Name

673 Dutchess Tpke. Poughkeepsie NY 12603Mailing Address

673 Dutchess Tpke.Property Location

School District Arlington Central School Dist. Special District Arlington Sewer Main

Total Assessed Value now on roll 191.000 Corrected to. Same

Taxable Assessed Value now on roll 191,000 Corrected to Same

Exempt codes and amounts if applicable „

Should be S2.923.88



X Subdivision 2,Paragraph _E_ (clerical error)Subdivision 3,Paragraph (error in essential fact)

Subdivision 7, Paragraph (unlawful entry)

Reason:

Exemption was approved by assessor,but not entered on roll







Other: X Miscalculation of the special district units. Parcel was taxed for 4,900 units and should have been taxed for 300 units

DENY APPLICATIONX APPROVE APPLICATIONRecommendation

Details: It is recommended that the application for a corrected 2008/09 Cntv/town tax bill be approved.

DirectorInvestigator "X.7 / V(Y

NYS BOARD OF REAL PROPERTY SERVICES7010 JAN 22APPLICATION FOR CORRECTED TAX ROLL

FOR THE YEAR 20 Qty

RP-554 (9/04)

PH 121 02

M >|- SERVIC£$Part1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessors) have obtained proof that parcel should have been granted tax exempt status on tax roll.rJfij) j'iA V V loiut f - Dav( ) Evening ( Ila. Name of Owner .

-py / 2M^(j lb. Marling Address /

4 . Description of real property as shown on tax roll or tax bill (Include tax map designation)

.2. Telephone Number

3. Parcel Location (if different than lb.)

v_£tu?p'/ - ^]yiL2c!c2 ^ Quo?/) MQISL(county/cib/school district; town in Westchester County; non-assessing unit village)

5. Account No. 6. Amount of taxes currently billed7. I hereby request a correction of tax levied b

for the following reasons (use additional sheets if necessary):

<2.03Kn £ D- /c>Date VA

Signature of ApplicantPART II: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essential fact) andrecommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error falls.

Period of warrant for collection of taxes;

a l j>8 ) i o{Âpprove application* I I Deny Application c

1 jolol)|QDate application received:


Recommendation:

/ /u rUtu^/ofC7 SignaDat< of County Director

T D If box is checked, this copy is for assessor and bbard of assessment review of city/town/village ofwhich are to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.


APPLICATION APPROVED Amount of taxes currently billed: $_Notice of approval mailed to applicant on (enter date): Corrected tax: $

1Order transmitted to collecting officer on (enter date): :APPLICATION DENIED Reason:

Seal of Office


TO THE DIRECTOR OF REAL PROPERTY TAX SERVI^j^ ^ 2 ft&12* Q 2Assessor of th&?o$n pfo

TAX'SERM

Dutchess County do hereby certify that the real property owned by !

/ J/l / ) hsiS) , ZJQ-/M GRID § 02U -Q!- z£QQ0//^Tax Roll of the(^w^School

( y«r) 'and assessed in the amount of Q~$&unlawful entry/ error in essential fact resulting from sy// >& v fly /*>../

‘ Ylryt />Y//?v AJI /B - p/jJ f -yA- -^/{A />sM / $U .THEREFORE, I hereby do/do not

~AqTax Service that a new bill or reftmd be issued for above said parcel. &>U

shown on the District of

is correct/incoirect due to clerical error/

ZtfaM-

Attached is documentation for the inv on of this

ikoiM.DATE / ASSESSOR)

TfCJ(^fo^ClTY

DOTt1MENTATTON REQIfP.STjPD

( )exemption application( ) property record card( ) tax bill( ) other

( ) assessor work book< ) verified statement from BAR{) paid tax bill

)

E N G I N E E R I N G D E P A R T M E N T

Town of (Pougfi ^ eepsiePETER D. SETARO, P. E.

Town EngineerDONALD A. BEER

Associate Town EngineerRUSSELL D. KING

Assistant Town Engineer

ONE OVEROCKER ROADPOUGHKEEPSIE, NY 12603

TEL # (845) 485-3638FAX # (845) 485-4159

laJanuary 23, 2009

Kathleen Taber, Town AttorneyTo:

Russell King, Assistant Town EngineerFrom:

Subject: 673 Dutchess Tpke Sewer Service Availablity

Per you request I have looked into the sewer availability to the above referencedproperty. This, property at 673 Dutchess Turnpike is in a sewer district but currently thesewer lines do not extend to this lot nor is it contemplated to do so.

While it is conceivable that the property owner could obtain some R/W to reachour lines it would be extremely difficult and expensive. My recommendation is that youreturn this lot to a limited sewer assessment as in previous years.

Attachment

Patricia Myers, SupervisorGeorge B. Cacchio, CAMO

cc:

Sewer/2009/673DutchessTpke


Legislator Doxsey requested permission to abstain because his business did directbusiness with this person.

Chairman Rolison granted permission to abstain.


AYES: 23 - Rolison, Cooper, Flesland, Goldberg, Kuffner, Horn, Borchert,Sadowski, Roman, White, Jeter-Jackson, Tyner, Weiss, Incoronato,MacAvery, Miccio, Forman, Traudt, Horton, Hutchings, Thornes, Surman,Kelsey.

NAYS: 0

ABSTENTION: 1-Doxsey.

ABSENT: 1-Bolner.

Resolution adopted.

B,F, & P

- RESOLUTION NO. 2010074

RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BILLAPPLICANT: Betty L. Hoyt and Calvin C. Hoyt

12 Hemlock LaneHyde Park NY 12538

ACCOUNT NO.: 133200-6165-01-224888-0000


WHEREAS, there is an assessment on the assessment roll for the Town of Hyde Park for2009 under the name of Betty L. Hoyt and Calvin C.Hoyt , Account No. 133200-6165-01-224888-0000,and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the County Director ofReal Property has investigated this claim and has found that the local Tax Assessor for the Town of HydePark has made a clerical error in said assessment, and





Municipality Assessed Value Taxable Value Corrected TaxExempt Amt.357.53County 128,500 70,460 58,040

Town of Hyde Park 128,500 42,414 86,086 413.4140.69Hyde Park Light 128,500 128,50060.78Hyde Park Library 128,500 128,500

286.45Roosevelt Fire 128,500 128,500$1,158.86TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Finance at the expiration of the warrant,and be it further

RESOLVED, that the Commissioner of Finance be and herebyis authorized and directed tocharge-back the erroneous taxes after settlement with the collector at the expiration of the warrant asfollows:

$ 357.52177.17

Total $534.69

A342 Allowance for Uncollectible TaxesA430 Town of Hyde Park


APPROVED


^/YhjJL I <9 . <9QfODate.


COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof. / \

IN WITNESS WHEREOF,1 have hereunto set my hand and seal of said Legislature mis 8th day M March, 2010.

N, C

DntcAess County ReaC Property Tax Service AgencyCOE investigating Report

133200-6165-01-224888-0000Legal Description (grid #)

Bettv L. arid Calvin C. HovtOwner's Name

12 Hemlock Ln. Hvde Park NY 12538Mailing Address

12 Hemlock Lane.Property Location _School District Hvde Park Central School Dist. Special District

Total Assessed Value now bn roll 128,500 Corrected to Same

Taxable Assessed Value now on roll 116,080Cnty / 122.980Town Corrected to 58,040Cntv / 86.086Town

Exempt codes and amounts if applicable ,

Veterans Exemption 12.420Cntv /5,520Town Senior Exemption 58,040Cntv / 36894Town

Should be $1,158.86Amount Levied $1,693.55



X Subdivision 2, Paragraph C (clerical error)Subdivision 3,Paragraph (error in essential fact)


Reason:







Parcel Misdassified as homestead, non-homestead or portions misallocated




Ufa AJ DirectorInvestigator1



FOR THE YEAR 20£2.

Part 1: To be completed in duplicate by Applicant. APPLICANT MUST SUBMIT BOTH COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessors'^substantiating that assessors) have obtained proof that parcel should have been granted tax exempt status on tax roll. c=s

Davt 1AL.) Q- L/ 1 Q Evening / 1 ‘vV- X"

2. Telephone NumberpT -j j73g

!

C-Bchfu i CaJm n o-

CJ la Name of Owner OL3 hkfxii&cjc /Nwdf Pnrfc, /7* 3 V

lb. Mailing Address

-Dfj M <L

53. Parcel Location (if different than lb.)C2


5. Account No. 6. Amount of taxes currently billed

7. I hereby request a correction of tax levied by \ Cbu-ycx CXrxrl /YM OLit^ptchester County; non-assessing unit village)(county/city/school district; town in

for the following reasons (use additional sheets if necessary): "Sclc C kVi C>. C ki?xi

64% x/ 'O&// Signature^/ApplicantDate

PART II: For use by COUNTY DIRECTOR: Attach written report (including documentation of error in essentia! fact) andrecommendation. Indicate type of error and paragraph of subdivision 2, 3 or 7 of Section 550 under which error falls.

Date application received: J Period of warrant for collection of taxes:

./2pal i o[Âpprove application* Do y Applies


Recommendation: ion

t /£57/0 U /-L .

7 Signature of County DirectorDate

I Ifbox is checked, this copy is for assessor and board of assessment review of city/town/village ofI 1 which are to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.

PART III: For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION(Insert Number or Date)

Amount of taxes currently billed: $APPLICATION APPROVED




Seal of Office


Date

HISTORIC TOWN OF HYDE PARK

* 4383 Albany Post Road,Hyde Park,N.Y.12538

(845) 229-7103- Ext 123 Fax (845) 229-1901

Tim McGowanAssessor

January 19,2010


The Assessor’s Office, is requesting a correction on tax parcel # 6165-01-224888, located on 12 Hemlock Lane

in Hyde Park, NY 12538. In our error, their Senior Citizen exemption was never entered into the system. The

exemption application had been mistakenly stapled to another exemption. Mr. and Mrs. Hoyt should have the

exemption 41802, 41803, and 41804.Attached is a copy of their Town and County Tax bill and a copy of their senior exemption application.If there are any other questions or concerns, please feel free to contact our office.

Sincerely,r-o

Hm f3

»Sr- 5

i ia• -fK.

Tim McGowan —Town Of Hyde Park Assessor

fTCO-CD

01V>&9%

si9V>



NAYS: 0 ABSENT: 1-Bolner.Resolution adopted.

B,F, & P


RE: APPROVAL OF APPLICATION TO CORRECT TAX BILLAND TO ORDER THE LOCAL TAX COLLECTOR TOISSUE A CORRECTED TAX BELLAPPLICANT: Ruth Hicks LT and Sharon M. Cross RM

9 Netherwood PlazaSalt Point NY 12578

ACCOUNT NO.: 134400-6365-02-622510-0000

Legislators BORCHERT and KELSEY offer the following and move its adoption:

WHEREAS, there is an assessment on the assessment roll for theTown of Pleasant Valleyfor 2009 under the name of Ruth Hicks LT and Sharon M. Cross RM, Account No. 134400-6365-02-622510-0000, and


WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the County Director ofReal Property has investigated this claim and has found that the local Tax Assessor for the Town ofPleasant Valley has made a clerical error in said assessment, and




RESOLVED, that the Clerk of the County Legislature be and she hereby is authorized anddirected to send a copy of this resolution to the applicant and to the Town Tax Collector, directing saidTaxCollector to issue a corrected tax bill as follows and attach a copy of this resolution to the warrant:

Taxable Value Corrected TaxMunicipality Assessed Value Exempt Amt.County 62,400 31,200 31,200 170.03

118.3131,200Town of PleasantValley

62,400 31,200

62,400 136.91Pleasant Valley Fire 62,400$425.25TOTAL:

and be it further

RESOLVED, that the Tax Collector be instructed to return the unpaid portion as beingerroneous when the accounts are settled with the Commissioner of Financeat the expiration of the warrant,and be it further.

RESOLVED, that the Commissioner of Finance beand hereby is authorized and directed tocharge-back the erroneous taxes after settlement with the collector at the expiration of the warrant asfollows:

$170.04118.30

Total $288.34

A342 Allowance for Uncollectible TaxesA430 Town of Pleasant Valley


APPROVED


'- fYluAc A > / Q .30/0Date,


COUNTY OF DUTCHESS

This is to certify that 1, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and that the same is a true and correcttranscript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature Jms 8th <jlay c}f March, 2010. /O /1

BRKjdF

Dntcfiess County ReaC Property Tax Service AgencyCOE 'J'nvestignting Report

134400-6365-02-622510-0000Legal Description (grid #)

Ruth Hicks LT and Sharon M. Cross RMOwner's Name

Mailing Address 9 Netherwood Plaza Salt Point NY 12578

Property Location 9 Netherwood Plaza

School District Hvde Park Central School Dist. Special District


Corrected to 31.200Taxable Assessed Value now on roll 62.400

Exempt codes and amounts if applicableSenior exemption C/T 31.200 :

Should be $425.25Amount Levied $713.59



X Subdivision 2,Paragraph _C_ (clerical error)Subdivision 3, Paragraph (error in essential fact)Subdivision 7,Paragraph (unlawful entry)

Reason:








Other:


Details: It is recommended that the application to correct the 2009/10 Cntv/Town tax bill be approved.

At (^X/(AAMIL DirectorInvestigator Q A a07

FROM :PLEPSANT UPlLLEY FAX NO. :845 635 1452 Jan. 29 2010 01:43PM P2

NYS BOARD OF REAL PROPERTY SERVICES RP-5S4 (1/03)


FOR THE YEAR 20 09Part 1: To bet completed in duplicate by Applicant, APPLICANT MUST SUBMIT BOTJI COPIES TO COUNTY DIRECTOR OF REALPROPERTY TAX SERVICES. (In Nassau and Tompkins Counties, submit to Chief Assessing Officer). NOTE: To be used only prior toexpiration of warrant for collection. For wholly exempt parcel, attach statement signed by assessor or majority of board of assessorssubstantiating that assessor^) havo obtained proof that parcel should have been granted tax exempt status on tax roll.

Evening (UtiL&s , guJhla, Nam© of Owner

Pftvf8*{S\ s$lji^j2. Telephone Number

gJt fkiat, 13&1&lb. Mailing Addrc«a .1. Parcel Location (if different than lb.)

I2L 4%o 6*?> fo5'0£ ~ r QSId »4. Description of real property as shown on tax roll or tax bill (Include tax map designation)

7/3 .57f 3^,5,3.5107. I hereby request a correction of lax levied by ‘TtiUdf ) 0~P' rlf££biQ)fT\ L

(coimty/city/school district; town In Westchester Countj/fvion-asscssirtg unit village)

for the following reasons (use additional sheets if necessary): ÎDIO f'ilOQ K~^JrYToO£cL . n

in giPjgjQie. -X-^L RmeJeZ^fooffihna

6. Amount of Taxes currently Billed5, Account No.

UASJJ9-‘‘ DateKV.

Signature of Applicant

PART Ih For use by COUNTY DIRECTOR! Attach written report (Including documentation of error in essential fact) andrecommendation. Indicate type of error und. paragraph of subdivision 2, 3 or 7 of Section S50 under which error falls.Dale application received: UI^LLO

n^k^pprove application* ClDenyApplied!

Period of warrant for collodion of taxes:

Recommendation: oil

, ySignature of County DirejAor

*d If box is checked, this copy is for assessor and board of assessment review of city/town/village ofwhich arc to consider attached report and recommendation as equivalent to petition filed pursuant to section 553.

PART III!For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BY RESOLUTION(Insert Number or Date)

Amount of taxes currently billed: SI.LPPLICATION APPROVED

Corrected tax: $Notice of approval-date mailed to applicant:

Order instructing collecting officer to correct tax: date mailed


Seal of Office


Date

Jan. 29 2010 01:44PM P6FAX NO. :845 635 1452FROM :PLEASANT UALLEY

This affidavit or a letter signed by the Assessor must be submitted for everyrequested Correction of Error.I, Teresa Stegner, Assessor for the Town of Pleasant Valley,Dutchess Countydo hereby affirm that Parcel ID 134400 6365-02-622510 Owned by RuthHicks (LT) as shown on the 2009Assessment Roll of the Town of PleasantValley and assessed in the amount of 62,400 is incorrect due toanerror asdefined in RPTL550.An explanation of the error and how it occurred is as follows: (Please bespecific)The senior exemptionwas removed in error (qfter the school taxeswere processed, so only the town/county tax is effected).

I request that the Director make a recommendation to the tax levying body tocorrect such an error and issue a new tax bill.Date 1/28/10 Signature of Assessor

Proof of error MUST accompany this affidavit as applicable:Exemptionapplication indicating approval/denialCopy of property record card, workbook or other final work productCopy of paid tax billVerified statement of BAR (for grievance changes not appearing onfinal roll)Any other documentation requested by the Director tocomplete theinvestigation.

Please note that not all “errors” grg correctable under law. For example,inventory errors such as assessments based on incorrect square footage of animprovement or misjudgments by the Assessor relating to grade,condition,or% of completion are NOT correctable errors.




Resolution adopted.

Government Services


RE: CONFIRMING APPOINTMENT OF JAMES M. FEDORCHAKAS COUNTY ATTORNEY

LEGISLATORS BORCHERT, FLESLAND, FORMAN, ROLISON, and THOMESoffer the following and moves its adoption:

WHEREAS, the County Executive has appointed James M. Fedorchak as CountyAttorney, and

WHEREAS, pursuant to Article VIII, Section 8.01 of the Dutchess County Charter,the County Executive shall appoint the County Attorney subject to confirmation by the CountyLegislature, and

WHEREAS, the Commissioner of Personnel has determined that James M.Fedorchak is qualified to perform the duties of the position of County Attorney, and

WHEREAS, the Commissioner of Personnel has indicated municipal attorneys arecompetitive and specialized positions with commensurate salaries of up to $169,000 for full-timeCity and Town attorneys, up to $90,000 for part-time attorneys, and hourly part-time salaries of$150 per hour in several towns, a rate which would compute to over $270,000 annually for a full-time week, and

WHEREAS, the Commissioner of Personnel has established that Mr. Fedorchakpossesses qualifications for the position of County Attorney that are commensurately higher than,and in fact, far exceeds the minimum qualifications that have been established for the position andMr. Fedorchak has 35 years in the practice of civil law including serving as Assistant CountyAttorney for two years and Chief Assistant County Attorney for three years, and

WHEREAS, in concurrence with the Commissioner of Personnel, the CountyExecutive has recommended a salary of $132,500 which is less than the $137,800 of the previousCounty Attorney and more than the current Chief Assistant County Attorney of $126,300, and

WHEREAS, pursuant to Article VIII, Section 8.02 (a) of the Dutchess CountyCharter, the County Attorney shall be the sole legal advisor for the County and, based upon theseduties and responsibilities of the position, now, therefore, be it

RESOLVED, that the Legislature of the County of Dutchess does hereby confirmthe appointment of James M. Fedorchak to the position of County Attorney of the County ofDutchess effective April 1, 2010 and further resolved that the L^RBR|©VifIE>rizes an annualsalary of $132,500.CA-33-1Oca/G-0124 3/4/10STATE OF NEW YORK WILLIAM R. STEINHAUS

COUNTY EXECUTIVEThis is to certify that 1, the undersigned Clerk of the Legislature of the County of the_fafy|foing rcsoidMffu/itfrthe

original resolution now on file in the office of said clerk, and which was adopted by spdlaffljilature on the 8*day of Mtrue and correct transcript of said original resolution and of the whole thereof. /

ss:COUNTY OF DUTCHESS

, 201(1and that the same is a

IN WITNESS WHEREOF, I have hereunto set my hand and sea!of said Legislature this 8lh day of March, 2010.


Legislator Horn, duly seconded by Legislator Cooper moved to amend the lastRESOLVED as follows: !

RESOLVED, that the Legislature of the County of Dutchess does hereby confirmthe appointment of James M. Fedorchak to the position of County Attorney of the Countyof Dutchess.

Legislator Kuffner questioned why the effective date was removed.

Legislator Horn stated that was not her intent and further amended the motion to add theeffective date of April 1, 2010, duly seconded by Legislator Cooper.Legislator Flesland, moved to Call the Question., duly seconded by Legislator Cooper.Roll call vote on the foregoing motion to “Call the Question” resulted as follows:

AYES: 14-Rolison, Cooper, Flesland, Borchert, Sadowski, Roman, Weiss, Incoronato,Miccio, Traudt, Horton, Hutchings, Thornes, Surman.

NAYS: 10 - Goldberg, Kuffner, Doxsey, Horn, White, Jeter-Jackson, Tyner, MacAvery,.Forman, Kelsey.

ABSENT: 1-Bolner.

Motion defeated.Roll call vote on the foregoing amendment resulted as follows:

AYES: 9-Cooper, Goldberg, Kuffner, Doxsey, Horn, White, Jeter-Jackson, Tyner,MacAvery.

NAYS: 15-Rolison, Flesland, Borchert, Sadowski, Roman, Weiss, Incoronato, Miccio,Forman, Traudt, Horton, Hutchings, Thornes, Surman, Kelsey.

ABSENT: 1-Bolner.Amendment defeated.


AYES: 18-Rolison, Flesland, Borchert, Sadowski, Roman, White, Jeter-Jackson,Weiss, Incoronato, MacAvery, Miccio, Forman, Traudt, Horton, Hutchings,Thornes, Surman, Kelsey.

NAYS: 6-Cooper, Goldberg, Kuffner, Doxsey, Horn, Tyner.

ABSENT: 1-Bolner.

Resolution adopted.

Condolence: Morton J. Laffin

The Dutchess County Legislature offers the following and moves its adoption:

Whereas, The Dutchess County Legislature has learned with sadness and regret of the recentdeath of Morton J. Laffin on February 17, 2010, at The Pines in Poughkeepsie, New York; and

Whereas, he was born October 23, 1942 in Poughkeepsie, New York . He is the son ofJames C. and Louise Foresta Laffin, and graduated from Arlington High School and Marist College;and

Whereas, Mort married Patricia M. Flynn and have four (4) children, David, Brian, Brettand Darren; and

Whereas, Morton J. Laffin was employed as a Financial Advisor for Smith-Barney, heretired in 2002; and

Whereas, Mort Laffin was a former sports writer for the Poughkeepsie Journal and theKingston Freeman. His love of sports and commitment showed threw his coaching abilities, hecoached C.Y.O., A.A.U. Summer League; he was an Assistant Coach of Basketball at PoughkeepsieHigh School and Dutchess Community College and the Town of Poughkeepsie Senior Baseballleague. Morton J. Laffin was also an Athletic Director at Our Lady of Mt. Carmel School; and

Whereas, Morton J. Laffin was a longtime member of Our Lady of Mount Carmel Church;and

Whereas, he served on the Dutchess Legislature, having represented then District 3 for theTown of Poughkeepsie in many different capacities, such as in 1978 Educational Services, Chairmanof Environmental Control Human Services; in 1979 Budget and Finance and Sub-committeeChairman for Family Services; 1980 - 1983 Family Service and Governmental Services; additionally,in 1983 he served as Vice Chairman for Community Services and Government Services; now,therefore, be it

Resolved, that the Dutchess County Legislature, on behalf of all the people of DutchessCounty, does hereby extend its deep sympathy and sincere condolences to the family and friends ofthe late Morton J. Laffin, and, be it further

Resolved, that the meeting of the Dutchess County Legislature be adjourned in memory ofthe late Morton J. Laffin.

S:\0Resolutions\2010 Resolutions\March\Morton Laffin.doc

:

Resolution No. 2010077 entitled,“Condolence Morton J. Laffin” was unanimouslyadopted by voice vote.

!

!

Commendation: Les Hulcoop


Whereas, Les Hulcoop Senior Resource Educator for field corps, vegetables, agriculture policy, agriculture district law,and biomass fuel corps, has retired from Cornell Cooperative Extension Dutchess County (CCEDC) after 23 years of service; and

Whereas, Les C. Hulcoop received both his Bachelors and Masters Degrees from Cornell University. Les began his careerin the agricultural field when he first went to work at Grey’s Greenhouse in Poughkeepsie. Thereafter, he worked at Herman’sNursery. Once he received his Masters degree, he taught for a year in Buffalo and then traveled to St. Croix to work as a vocationaleducator, and upon his return to the United States in 1987, he began a new career as an Educator for Cornell Cooperative ExtensionDutchess County and this began his 23 year career; and

Whereas, Les C. Hulcoop was instrumental in many innovative achievements such as the first Dutchess County Producemap, the creation of a Hudson Valley Grower’s Association (an off-shoot of what is now known as Hudson Valley Harvest). Leswas also involved in such campaigns such as “Eat local”, “Once a Day” as well as the “Ag Ambassador Program”; and

Whereas, Les promoted and facilitated many great programs in the Hudson Valley such as “Crop Art to Dutchess County”creating “planted crop pictures” at several local farms; the “tomato taste-off’; the “Small Farm Expo”. Additionally, he worked withthe Culinary Institute of America to educate and encourage student chefs to buy and use local produce, including conducting tours oflocal farms for the chefs to see and experience the fresh, local crops being grown; and

Whereas, through a grant received from Cornell, Les worked with local farmers to grow alternative crops of “Switchgrass”which can be processed as a biofuel; and

Whereas, Les received the prestigious award on 2007 from Mohonk Consultations, that recognizes the achievements ofmembers of an organization or individual who takes Rene Dubos’ words to heart, ‘Think Globally, Act Locally”; now therefore, beit

Resolved, that the Dutchess County Legislature, on behalf of all the people of Dutchess County, does hereby commend andcongratulate, Les C. Hulcoop, on his retirement and many years of dedication to the agricultural community; and, be it further

Resolved, that the Dutchess County Legislature, does hereby extend to Les C. Hulcoop, its best wishes in all of his futureendeavors.Resolution No. 2010078


COUNTY OF DUTCHESS

Tills is to certify that1, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing/SsoIuSsn with the original resolutionnow on file in the office of said clerk, and which was adopted by said Legislature on the 8,h day of March, 2010, and that the same is p true andcorrect transcript of said*original resolution and of the whole thereof. 1 II / / 1

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 8*day of March, 2010.

ffd

Resolution No. 2010078 entitled, “Commendation: Les Hulcoop” was unanimouslyadopted by voice vote.

Commendation: John C. Agor


Whereas, John C. Agor, has retired after nearly 50 years as an aviator, and 21 years as President and co-founder ofAssociated Aircraft Group, Inc.; and

Whereas, John C. Agor began his career as a Second Lieutenant in the United State Army as a dual-rated Army Aviatorand quickly grasped the complexities of helicopter aviation. While he was in Germany he served as an Aviation MaintenanceOfficer, Test Pilot and as a Company Commander. John applied his leadership and aviation skills while serving in Southeast Asiawith the 1st Cavalry Division at An Khe during combat; and

Whereas, John returned to the area from Vietnam and began a career as an entrepreneur, beginning with a constructioncompany specializing in custom homes, while keeping his interest and love for aviation as a part-time helicopter flight instructor;and

Whereas, in 1989 John and two partners formed Associated Aircraft Group, Inc., with John serving as president andthrough his commitment to safe operation, quality service and customer satisfaction which became the hallmarks of the companythey quickly attracted corporate flight departments with helicopter needs; and

Whereas, in 1997 AAG moved to a larger facility at the Dutchess County Airport. Under John C. Agor’s leadership AAGcaptured the attention of Sikorsky Aircraft Corporation .which ultimately purchased AAG retaining John as the president; and

Whereas, John’s unwavering commitment to the community was demonstrated in September 2001, following thedestruction of the World Trade Center and again in 2005 after Hurricane Katrina, where John and AAG supplied helicopters inboth rescue efforts for which AAG shared in HAI’s 2006 Igor Sikorsky Award for Humanitarian Service; now, therefore, be it

Resolved, that the Dutchess County Legislature, on behalf of all the people of Dutchess County, does hereby commendand congratulate, John C. Agor, on his retirement and has unwavering commitment to his community, business, customers,employees and the industry that has been absolute; and, be it further

Resolved, that the Dutchess County Legislature, does hereby extend to John A. Agor, its best wishes in all of his futureendeavors.

Resolution No. 2010079STATE OF NEW YORK

COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoingfcsoDdon with the originalresolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of March, 2010, and tfyft the samdis a true and correcttranscript of said original resolution and of the whole thereof. I J

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 8'1' day of March, 2010. s/'l / 1 1

Resolution No. 2010079 entitled, “ Commendation: JohnAgor” was unanimouslyadopted by voice vote.

On motion by Legislator Cooper, duly seconded by Legislator Flesland and carried, theRules were suspended to allow the public to address the Legislature on agenda and nonagenda items.Constantine Kazolias, City of Poughkeepsie, New York, spoke about the audit of theResource Recovery Agency in the Poughkeepsie Journal A copy attached and made apart of these minutes.

James Fedorchak, resident, City of Poughkeepsie, thanked the Legislature for adoption ofResolution No. 2010076 entitled, “Confirming Appointment of James M. Fedorchak asCounty Attorney.”No one else wishing to speak, on motion by Legislator Cooper duly seconded byLegislator Flesland and carried, the Regular Order of Business was resumed.On motion by Legislator Cooper, duly seconded by Legislator Flesland and carried, themeeting was adjourned in memory of Morton J. Laffin at 9:20 p.m. subject to call of theChair.