Board of Trustees

Village of Millbrook Board of Trustees Wednesday, 11/09/2022 Millbrook Firehouse, 20 Front Street, Millbrook NY,12545 1. Roll Call: Mayor Collopy, Deputy Mayor Contino, Trustee Herzog, Trustee Arbogast, Trustee Doro, Fire Chief Ted Bownas, Matt Rochfort (FD President) , OIC Witt, Scott Osborn (VRI), Attorney MacDonald, and Clerk Witt Absent: Public Works Supervisor (PWS) Collocola 2. Open meeting – 6:00 PM with Pledge of Allegiance. 3. Administrative Business: Minutes Approval: Motion made by Trustee Doro to approve the minutes of 10/12/2022 seconded by Trustee Herzog and all were in favor. Voucher Approval: Motion made by Deputy Mayor Contino to accept the fund totals for the Vouchers as presented, seconded by Trustee Herzog and all were in favor (attached). 4. Delaware Engineering- Bill Bright- Water and Sewer Hookup Resolutions: Mr. Bright researched and confirmed the fees had already been paid on “Hurley Letter Lots” and they were certified with Dutchess County. Resolution 2021-013: Was amended (attached) and to include the Bill Bright Memo. Roll Call Vote- Mayor Collopy- Aye, Deputy Mayor Contino- Aye, Trustee Herzog- Aye, Trustee Arbogast – Aye, and Trustee Doro- Aye Resolution 2022-014- Sewer Connections Outside the Village: After discussion, the Board deemed this resolution unnecessary. Motion to remove Resolution 2022-014 made by Mayor Collopy, seconded by Deputy Mayor Contino and all were in favor. Gary Ciferri, Town Supervisor, read a letter from Lisa Evangelista (attached). It was determined through records, that Ms. Evangelista’s property on 43-45 Halcyon Rd has a sewer line and would be considered pre-approved and connected to the sewer system in the same way the lots listed in the “Hurley letter” are connected. 5. Department Reports: a. Fire & Rescue – Fire Chief Ted Bownas: Read from attached monthly report. Will be getting quotes on the oxygen fill station that was destroyed in a fire. The FD to fill their SCOT packs and tanks at the Union Vale Station in the meantime. Fire Chief Bownas will have a multi-year plan to add a compressor along with the fill station. The FD sign to be installed sometime in December. b. Police –OIC Witt read from the monthly report (attached). Data reports from Speed Signs (attached). Discussion about the Village using Body worn cameras- Board to reject the offer from Dutchess County for the cameras motion by Mayor Collopy, seconded by Trustee Doro, Trustee Herzog and Deputy Mayor Contino voted aye. Trustee Arbogast’s voted was unaccounted for. c. Highway: Mayor Collopy read from PWS Collocola’s monthly report. d. Water & Sewer – S. Osborne: read from the attached monthly reports. e. Treasurer & Building Dept – Clerk Witt: read from attached reports. Resolution 2021-015- NYCLASS RESOLUTION (ATTACHED): Mayor Collopy made a motion to accept this Resolution as presented, seconded by Deputy Mayor Contino and all were in favor. 6. New Business Updates: Non-Agenda items: Trustee Doro raised a concern with the way Trustee Herzog spoke with a resident during the last meeting and how behavior of the same kind continued after the meeting had adjourned. Mayor Collopy gave members of the public a chance voice their concerns on the topic. Trustee Herzog apologized for raising his voice. Agenda items discussed: Public Hearings for Local Laws 2 and 3 of 2022. Resolution 2022-016- Enacting Local Law No. 2 of 2022 Amending Chapter 230 of the Village Code Entitled “Zoning” to Add the Requirement that Public Hearings Regarding Land Use Applications be Advertised on Signs Posted on the Property: Motion made by Mayor Collopy to open the Public Hearing, seconded by Deputy Mayor Contino and all were in favor. Resident Bob Audia asked why we need to have a sign. Mayor Collopy explained it lets neighbors know there is a site plan going on for the property- in the event they don’t receive notice by mail. It will be posted as a lawn sign. No other comments were made. Motion made by Mayor Collopy to close the Public Hearing, seconded by Deputy 1|P a g e November 9, 2022- Village Board of Trustees- www.villageofmillbrookny.com- for video of meeting  Mayor Contino and all were in favor. The Board is waiting for Dutchess County to reply to the request to weigh in, due to it being a Zoning Code addition. The Vote to pass was tabled until 12.14.2022 meeting. Resolution 2022-017- Enacting Local Law No. 3 of 2022 Amending Article X of Chapter 230 of the Village Code by Creating a New Section 230-75 Containing Regulations for Outdoor Dining on Village Sidewalks: Motion made by Mayor Collopy to open the Public Hearing, seconded by Deputy Mayor Contino and all were in favor. The Board reviewed the proposed Local Law and some changes were made and noted on the attached Resolution. The Board held off on voting for the Local Law to be passed until 12.14.2022. Motion made by Mayor Collopy to close the Public Hearing, seconded by Deputy Mayor Contino and all were in favor. 1. Old Business: Agenda items discussed: Parade of Lights break down by Ceil Collopy (attached). Sidewalk replacement- Trustee Herzog: The Board will need to do a Resolution to apply for the 2023 CDGB for phase two of the sidewalk replacement project. Christmas decorations (Trustee Arbogast) are set for the weekend before Thanksgiving. 2. Public Comments- No Comments were made. 3. Board Member Updates: See attached. 4. Next board meeting: November 9th, 2022 at 6 PM- Millbrook Firehouse. 5. Adjournment Motion to adjourn at 8:41 PM made by Trustee Herzog seconded by Deputy Mayor Contino and all were in favor. Respectfully submitted by Village Clerk, Sarah J. Witt 2|P a g e November 9, 2022- Village Board of Trustees- www.villageofmillbrookny.com- for video of meeting  Board of Trustees Meeting November 9, 2022 @ 6:00 pm PLEASE SILENCE YOUR CELL PHONE  RECORD OF ACTION 1. Open Meeting Pledge of Allegiance & roll call of trustees 6. Old Business Updates • Christmas decorations plans – Trustee Minutes Approval: Motion made by Trustee Doro to approve the minutes of Arbogast 10/12/2022 seconded by Trustee Herzog and all were in favor. Voucher Approval: Motion made by Deputy Mayor Contino to accept the 2. Administrative Business • Parade of Lights on 12/2/2022 – C. fund totals for the Vouchers as presented, seconded by Trustee Herzog and • Minutes approval for 10/12/2022 Collopy all were in favor (attached). Resolution 2021-013: Was amended (attached) and to include the Bill Bright • Voucher approval Memo. Roll Call Vote- Mayor Collopy- Aye, Deputy Mayor Contino- Aye, 7. Public Comments Trustee Herzog- Aye, Trustee Arbogast – Aye, and Trustee Doro- Aye Resolution 2022-014- Sewer Connections Outside the Village: After 3. Resolutions Re: Hookups to Village discussion, the Board deemed this resolution unnecessary. Motion to remove Water/Sewer- Bill Bright 8. Additional Board Member Updates Resolution 2022-014 made by Mayor Collopy, seconded by Deputy Mayor Contino and all were in favor. Resolution 2021-013 (Amended) • Deputy Mayor Contino Resolution 2021-015- NYCLASS RESOLUTION (ATTACHED): Mayor Collopy Resolution 2022-014 Establishing Conditions • Trustee Herzog made a motion to accept this Resolution as presented, seconded by Deputy Mayor Contino and all were in favor. • Trustee Arbogast Resolution 2022-016- Enacting Local Law No. 2 of 2022 Amending 4. Department Reports: • Trustee Doro Chapter 230 of the Village Code Entitled “Zoning” to Add the • DC Legislature update – Legislator • Mayor Collopy Requirement that Public Hearings Regarding Land Use Applications be Advertised on Signs Posted on the Property: Motion made by Mayor Houston Collopy to open the Public Hearing, seconded by Deputy Mayor Contino • Fire & Rescue – Chief Bownas, President 9. Next Board Meeting and all were in favor. Resident Bob Audia asked why we need to have a sign. Mayor Collopy explained it lets neighbors know there is a site plan Rochfort Wednesday, 12/14/2022 - 6PM going on for the property- in the event they don’t receive notice by mail. • Police – OIC Witt It will be posted as a lawn sign. No other comments were made. Motion • Highway – Hwy Super Collocola 10. Adjournment made by Mayor Collopy to close the Public Hearing, seconded by Deputy Mayor Contino and all were in favor. The Board is waiting for Dutchess • Water & Sewer – VRI: S. Osborn County to reply to the request to weigh in, due to it being a Zoning Code • Treasurer & Building Dept – Clerk Witt addition. The Vote to pass was tabled until 12.14.2022 meeting. Resolution 2022-017- Enacting Local Law No. 3 of 2022 Amending Article X NYCLASS – Resolution 2022-015 of Chapter 230 of the Village Code by Creating a New Section 230-75 Containing Regulations for Outdoor Dining on Village Sidewalks: Motion made by Mayor Collopy to open the Public Hearing, seconded by Deputy 5. New Business Mayor Contino and all were in favor. The Board reviewed the proposed Local • Public hearings for 2 changes to zoning Law and some changes were made and noted on the attached Resolution. The Board held off on voting for the Local Law to be passed until 12.14.2022. law – Clerk Witt Motion made by Mayor Collopy to close the Public Hearing, seconded by Deputy Mayor Contino and all were in favor. Local Law 2 of 2022- Resolution 16 Adjournment Motion to adjourn at 8:41 PM made by Trustee Herzog Local Law 3 of 2022 – Resolution 17 seconded by Deputy Mayor Contino and all were in favor. Hookups to Village • Resolution 2021-013 – Amended- Water and Water/ Sewer Hookup Fees (Removing Section 3) Sewer • Resolution 2022-014 – Establishing Conditions to Bill Bright Non-Village Residents Connecting to the Sewer System (Delaware Engineering) Voucher Totals Unpaid Voucher Totals November 9, 2022 General Fund $ 191,480.29 NOTES: General Fund Water Fund $ 86,241.07 • $88,099.51 for North Ave Paving • $10,187.50 for Tree Removal Sewer Fund $ 50,881.25 • $10,682.00 for Sidewalks TOTALS: $ 328,602.61 Water Fund • $57,950 for BAN & Bond Payments MILLBROOK FIRE DEPARTMENT 89 INCIDENTS REPORTED OCTOBER 2022 Millbrook Fire Dept EMS Responses Automatic Fire Alarm 18 NDP (49-79) 41 EMS Call 63 MFD Ambulance 10 Motor Vehicle Accident 1 MFD Members 30 Wires Down/Electrical 1 Mutual Aid Given Carbon Monoxide 1 Fire 2 Good Intent 1 EMS 10 Structure Fire 3 Brush Fire 1 Mutual Aid Received TOTALS: 89 Fire 1 EMS 6  V.M.P.D MONTHLY REPORT 63 INCIDENTS REPORTED (including, but not limited to) OCTOBER 2022 Incident #’s 17332-17395 TRAFFIC ASSIST OTHER AGENCIES POLICE ACTIVITY PUBLIC SERVICE COMMUNITY POLICING Traffic Tickets 7 NY State Police 2 Trespass 2 Lost/Found Property 2 Assist Citizen 2 Property Damage Accident 3 Disturbance 3 Animal Complaint 5 School Checks 13 Vehicle &Traffic Complaint 1 Fire Department 4 Lockout 2 Foot Patrol 2 EMS 7 911 Hang Up 1 Halloween Detail 1 Town of Washington Court 3 Millbrook Central School 4 Highway 1  • LEAF PICK-UP ENDS NOVEMBER 30th • Began leaf pick-up Oct 3rd • Repaired sink hole on Front St • Milled and paved Front St • Rebuilt catch basin on Church St • Corrected inspection problems in Village Hall and Garage • Put flower barrels away for the season • Mowed all properties Public Works Monthly Report October 2022 Monthly Water Report Comments: October 2022 1. Monthly sampling and maintenance October September August 2. Installed 3 new fire hydrants - Franklin by Stewart's, 2 on Total Water Produced 4,549,250 4,961,789 7,608,501 Maple Ave Average Daily Flow 146,750 165,390 245,430 Peak Day Flow 192,190 250,130 321,920 3. Repaired damaged hydrant on Dineen 4. Replaced curb valve at sewer Sampling Results: plant October September August 5. DOH inspection Total Coliform Absent Absent Absent 6. Had new fence installed at * Results not in compliance entrance and fence replaced next to stream by new building  Millbrook Water Average Daily Flow 500 450 400 PERMITTED FLOW 350 FLOW (1,000 GALLONS) 300 250 200 150 100 50 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 2020 2021 2022 MONTH Monthly Sewer Report Comments: October 2022 1. Performed all monthly sampling October September August Permit Limit and maintenance Total Effluent Flow 2,881,305 2,426,555 3,167,001 n/a 2. EarthCare hauled sludge Average Daily Flow 92,900 80,885 102,200 n/a 12-Month Rolling AVG 143,000 149,000 157,000 250,000 3. Cleaned sludge drying beds Peak Daily Flow 121,490 160,420 118.180 n/a 4. Completed annual sewer main Precipitation (in. as liquid) 4.4” 6.2” 1.3” n/a inspections SPDES Permit Samples: (mg/l) 5. Installed inflow covers in 15 October September August Permit Limit manholes BOD 2.4 mg/l 2.4 mg/l 15 mg/l Percent Removal 99% 99% 85% Total Suspended Solids 1 mg/l 3.6 mg/l 15 mg/l Percent Removal 100% 99% 85% TKN as N 1 mg/l 1 mg/l 8 mg/l Fecal Coliform 1/100 ml 1/100 ml 200/100 ml * Exceeds permit limit  Millbrook WWTP Precipitation Monthly Average Flow 12 Month rolling average flow 0.50 0.45 0.40 0.35 0.30 Flow (MGD) 0.25 0.20 0.15 0.10 0.05 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct 2020 2021 2022 Month Treasurer’s Report: Bank Balances - October 2022 10/01/22 DEPOSITS DISBURSED INTEREST 10/31/22 TAX ACCOUNT $988,700.77 $15,682.05 $125,000.00 $118.64 $879,501.46 GENERAL FUND $25,963.32 $155,208.87 $142,682.67 $3.11 $38,492.63 WATER FUND $121,272.84 $41,283.34 $18,717.22 $14.59 $143,853.55 SEWER FUND $354,973.05 $15,980.35 $20,972.74 $43.87 $350,024.53 ACCOUNTS PAYABLE $9,120.50 $139,938.42 $147,912.92 $0.00 $1,146.00 ESCROW (PLANNING & ZONING) $2,500.00 $0.00 $0.00 $0.00 $2,500.00 HNL TRUST $41,978.50 $0.00 $0.00 $7.13 $41,985.63 MEDICAL DEDUCTIBLE $8,171.07 $0.00 $827.47 $0.00 $7,343.60 MILLBROOK RESTORATION $23,722.17 $0.00 $0.00 $3.02 $10.00 PAYROLL ACCOUNT $11,951.25 $43,030.21 $43,305.87 $0.00 $11,675.59 POLICE VEHICLE FUND $1,728.24 $0.00 $0.00 $0.00 $1,728.24 RESERVE FOR FIRE TRUCK $201,615.37 $0.00 $0.00 $354.25 $201,969.62 RESERVE FOR HIGHWAY EQUIPMENT $13,084.51 $0.00 $0.00 $1.11 $13,085.62 FIRE/ RESCUE REPAIR RESERVE $22,608.11 $0.00 $0.00 $2.88 $22,610.99 RETAINING WALL $2,601.50 $0.00 $600.00 $0.00 $2,001.50 WATER RESERVE $9,984.56 $0.00 $0.00 $1.27 $9,985.83 SEWER REVERVE $22,010.88 $0.00 $0.00 $2.80 $22,013.68 TENNIS COURTS $1,001.44 $0.00 $0.00 $0.56 $1,002.00 THORNE TRUST $19,486.43 $0.00 $0.00 $1.66 $19,488.09 TREE REPLACEMENT PROGRAM $7,662.47 $0.00 $0.00 $0.00 $7,662.47 TRIBUTE GARDEN DONATIONS $10,071.33 $0.00 $0.00 $1.28 $10,072.61 TOTAL $1,900,208.31 $411,123.24 $500,018.89 $556.17 $1,788,153.64  Treasurer & Clerk Update: October 2022 • Tax collection is over- final numbers to Dutchess County by 11/10/2022 • Worked on Financial Report with Senior Acct Clerk McLaughlin • Submitted 9 Partners Ln and Linden Ln CHIPS application ($32,000) • Worked on Bank Recs Budget Amendments 11/09/2022: GENERAL to HRA(medical deduction) $3,900 w Budget amendment to decrease 19904.1 Contingency TENNIS COURTS to GENERAL $ 700 to cover over-budget in Tennis Courts 71802.1 HNL to GENERAL $1,400 to pay for the new Village Hall sign 16204.1 HNL to GENERAL $ 800 to pay for the holiday lights 16204.1 Reserve Fire/Rescue* to GENERAL $22,610.99 to reimburse the General Fund for a prior year expense to the MFD which overdrew account number 34104.1.0.43 *after transfer, resolution to close that reserve account. NYCLASS Recommend passing the Resolution (2022-015) for the village to participate with NYCLASS investment pool and transfer RESERVE FOR FIRE TRUCK $200,000 GENERAL/TAX $500,000 WATER FUND $ 50,000 SEWER FUND $150,000 A conservative start, interest compounds daily, liquid- can transfer back at any time and interest rates are good for investing at this time.  Building Department Report: October 2022 Building Permits Issued 4 Notes: Sign Permit 0 Certificate of Occupancy 2 Certificate of Compliance 2 Certificate of Use 0 Municipal Searches 3 Total Fees Collected $955 Planning & ZBA Planning Board - Matt Anderson Solar Panel project on Nine Partners referral from Building Dept to Planning Board- December meeting (?) ZBA- Andy Doro- No Update Regina- Planning & ZBA Secretary Resigned New Business Old Business Updates Public hearings for 2 changes to zoning law Christmas decorations plans Local Law 2- Resolution 2022-016 Parade of Lights on 12/2/2022 Local Law 3- Resolution 2022-017 Board of Trustee Updates Mayor Tim Collopy Deputy Mayor Vicky Contino Trustee Mike Herzog Trustee Buffy Arbogast Trustee Peter Doro Next Board of Trustees Meeting: MEETINGS ARE HELD AT THE Millbrook Firehouse 20 Front Street, Millbrook Wednesday, December 14, 2022 at 6:00 pm Streaming LIVE on YouTube SUBSCRIBE NOW!  Village Millbrook Board of Trustees Resolution #2021-013 WHEREAS, at a duly convened meeting of the Village of Millbrook Board of Trustees, the Board has reviewed and hereby adopts the Water/Sewer Hook-Up and Escrow fees for Village and Town residents. Connection fees, also adopted, only apply to Non-Village applicants that have been pre-approved by a memo from Mayor Hurley dated June 18th, 2010 (attached): 1) Application fees for Village and Town: • Water: $500 and $500 bond N • Sewer: $500 and $500 bond TI O 2) Escrow of $5000 to cover Village-related and VRI-related inspection fees, engineering fees and administrative fees (amounts TBD). Each application requires a stamped Dutchess County Health Department (DCHD) approved site plan. LU 3) Connection fees for Non-Village pre-approved applicants: Homeowner pays all connection O fees for each hookup plus an additional $6270 for water hookup and $6270 for sewer hookup (Assuming current rates for non-village water & sewer and a three-bedroom house. Connection ES fees are subject to adjustment based on the size of the project.) THEREFORE, BE IT RESOLVED, the above-mentioned Water and Sewer Hook-Up, R Connection, and Escrow fees will go in effect the date of this Resolution. Dated: July 14, 2021 Moved by: Mayor Collopy AL IG Seconded by: Deputy Mayor Herzog Mayor Collopy Aye IN Deputy Mayor Herzog Aye R Trustee Contino Absent O Trustee Arbogast Trustee Anson Absent Aye Certified by: Sarah J. Witt Village Clerk 07.14.2021 O R IG IN AL R ES O LU TI O N BOARD VOTED TO REMOVE RESOLUTION MOTION BY MAYOR COLLOPY SECONDED BY DEPUTY MAYOR CONTINO AND ALL WERE IN FAVOR RESOLUTION No. 2022-014 A Resolution Establishing the Terms, Consideration and Conditions for Out of Village Residents to Connect to the Village Sewer System At a meeting of the Village Board of Trustees of the Village of Millbrook (“Village Board”), held at the Village Fire House, 20 Front Street, Millbrook, New York on the 12th day of AR October, 2022, at 6:00 p.m., Village Mayor, Tim Collopy called the meeting to order, and 20 D _____________________________, seconded by Trustee 22 D ___________________________________, moved the following resolution, to wit. -0 EE WHEREAS, the Village of Millbrook owns and operates a municipal sewer system; and 14 M WHEREAS, pursuant to Section 14-1404 of the New York Village Law, the Village Board, U E as the Board of Sewer Commissioners, has the authority to sell to individuals or corporations 11 N D located outside of the Village the right to make connections to the Village Sewer System for the .0 N RE 9. EC S purpose of discharging sewage or wastewater and to fix the term, consideration and conditions 20 E O therefor; and 22 S LU WHEREAS, the Village Board has been advised by its engineers that the Village Sewer SA T System has adequate capacity to serve properties located outside the Village without rendering the R IO Village Sewer System inadequate for the Village and its residents; and BO Y N WHEREAS, the Village Board now wishes to establish the terms, conditions, and consideration whereby residential property owners located outside the Village limits, but within the Town of Washington, can connect to the Village Sewer System for the purpose of discharging sewage or wastewater; and WHEREAS, the authorization to allow a proposed user located outside of the Village to connect to the Village Sewer System for the purpose of discharging sewage or wastewater to the {00353643 1} BOARD VOTED TO REMOVE RESOLUTION MOTION BY MAYOR COLLOPY SECONDED BY DEPUTY MAYOR CONTINO AND ALL WERE IN FAVOR Village Sewer System is a Type II action under the New York State Environmental Quality Review Act (“SEQRA”) and is therefore exempt from environmental review; and NOW THEREFORE, BE IT RESOLVED, that the Village Board hereby determines that selling the right to make connection to the Village Sewer System for the purpose of discharging sewage or wastewater from residential properties located outside the Village limits will not render AR the Village Sewer System inadequate for the Village and the residents of the Village; and 20 D BE IT FURTHER RESOLVED, that the Village Board hereby establishes the following 22 D conditions in order for the owners of residential property located outside the Village limits to -0 EE connect to the Village Sewer System for the purpose of discharging sewage or wastewater. 14 M 1. The property to be served by the Village Sewer System must be located within the U 11 N D E boundaries of the Town of Washington and be adjacent to an existing sewer line .0 N RE connected to the Village Sewer System. 9. EC S 2. The property to be served by the Village Sewer System must not contain any structure 20 E O other than a single-family residence and any allowed accessory structure. 22 S LU SA T 3. The owner of the property seeking to connect to the Village Sewer System must receive prior approval for the connection and service from the Village Board of Trustees, the R IO Y N Town Board of the Town of Washington and Site Plan approval from the Dutchess BO County Department of Behavioral and Community Services. 4. The owner of the property seeking to connect to the Village Sewer System must demonstrate to the Village that a proper connection can be made from the property to the Village Sewer System. If any additional infrastructure, such as a pump station, is required in order to make a proper connection from the property to the Village sewer {00353643 1} BOARD VOTED TO REMOVE RESOLUTION MOTION BY MAYOR COLLOPY SECONDED BY DEPUTY MAYOR CONTINO AND ALL WERE IN FAVOR system the cost of installing and maintaining such additional infrastructure shall be the sole responsibility of the property owner. And BE IT FURTHER RESOLVED, the owner of the property located outside the Village limits seeking to connect to the Village Sewer System shall pay an application fee to the Village AR equal to $500 and obtain a bond in the amount of $500 to cover any extraordinary expenses 20 D incurred by the Village in providing service; and 22 D BE IT FURTHER RESOLVED, the owner of the property located outside the Village -0 EE limits seeking to connect to the Village Sewer System shall pay a connection fee equal to the rate 14 M for town water and sewer, which is currently $19 per gallon and subject to change by Resolution U 11 N D E of the Village Board of Trustees, multiplied by 110 gallons per bedroom for every bedroom in the .0 N RE structures on the property, multiplied by the total number of bedrooms in the structures (ex. $19 x 9. EC S (110 x number of bedrooms in the structures), so that a property with a three (3) bedroom home 20 E O would have to pay a connection fee equal to $6,270.00); and 22 S LU SA T BE IT FURTHER RESOLVED, the owner of the property located outside the Village limits seeking to connect to the Village Sewer System shall deposit the sum of $5,000 into an R IO Y N escrow account to be held by the Village for the purpose of covering the cost to the Village, or the BOoperator of the Village Sewer System, from the review of plans, inspections, and any other engineering and/or administration fees; and BE IT FURTHER RESOLVED, that any connection to the Village sewer system by an owner of property in the Town of Washington, outside the Village limits, shall be subject to compliance with all permitting procedures and requirements of the Town of Washington's Building Department. {00353643 1} BOARD VOTED TO REMOVE RESOLUTION MOTION BY MAYOR COLLOPY SECONDED BY DEPUTY MAYOR CONTINO AND ALL WERE IN FAVOR The foregoing resolution was duly put to a vote which resulted as follows: Mayor Collopy __________ Trustee Herzog __________ Trustee Contino __________ Trustee Arbogast __________ AR Trustee Doro __________ 20 D DATED: Millbrook, New York 22 D October 12, 2022 ________________________________ SARAH J. WITT, VILLAGE CLERK -0 EE Village of Millbrook 14 M U 11 N D E .0 N RE 9. EC S 20 E O 22 S LU SA T R IO BO Y N {00353643 1}  Resolution 2022-015 Municipal Cooperation Resolution WHEREAS, New York General Municipal Law, Article 5-G, Section 119-o (Section 119-o) empowers municipal corporations [defined in Article 5-G, Section 119-n to include school districts, boards of cooperative educational services, counties, cities, towns and villages, and districts] to enter into, amend, cancel, and terminate agreements for the performance among themselves (or one for the other) of their respective functions, powers, and duties on a cooperative or contract basis; WHEREAS the Village of Millbrook wishes to invest portions of its available investment funds in cooperation with other corporations and/or districts pursuant to the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019; WHEREAS the Village of Millbrook wishes to satisfy the safety and liquidity needs of their funds; Now, therefore, it is hereby resolved as follows: That Sarah Witt Clerk/Treasurer of the Village of Millbrook is hereby authorized to participate in the NYCLASS program under the terms of the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019. Motion to accept this Resolution and participate in NYCLASS made by _____________________________, seconded by DEPUTY MAYOR MAYOR COLLOPY CONTINO ________________________________. _____________________________ Sarah Witt MAYOR COLLOPY AYE DEPUTY MAYOR CONTINO AYE Village of Millbrook TRUSTEE HERZOG AYE Village Clerk/ Treasurer TRUSTEE ARBOGAST AYE TRUSTEE DORO AYE Dated: October 12, 2022  RESOLUTION No. 016 of 2022 Enacting Local Law No. 2 of 2022 Amending Chapter 230 of the Village Code Entitled “Zoning” to Add the Requirement that Public Hearings Regarding Land Use Applications be Advertised on Signs Posted on the Property At a meeting of the Village Board of Trustees of the Village of Millbrook (“Village Board”), held at the Village Fire House, 20 Front Street, Millbrook, New York on the 9th day of November, 2022, at 6:00 p.m., Village Mayor, Tim Collopy called the meeting to order, and _____________________________, seconded by Trustee ___________________________________, moved the following resolution, to enact the following local law, to be known as Local Law No. 2 of 2022, entitled “A Local Law Amending Sections 230-43, 230-44 and 230-62 of the Village Code to add the requirement that Public Hearings for land use applications be advertised by posting a sign on the property subject of the application in addition to all other Public Hearing Notice requirements” as follows: WHEREAS, the following Local Law was introduced as Proposed Local Law No. 2 of 2022, by Resolution adopted at a regular meeting of the Village Board held on October 12th, 2022; and WHEREAS, a properly noticed public hearing was held before the Village Board during the meeting on November 9, 2022, on Local Law No. 2 of 2022; and WHEREAS, the Village Board determined the enactment of this Local Law will have no adverse environmental impacts and issued a Negative Declaration pursuant to the New York State Environmental Quality Review Act; and NOW THEREFORE, BE IT ENACTED by the Board of Trustees of the Village of Millbrook (“Village Board”) as follows: Section 1. Legislative intent: The Village Zoning Law, set forth in Chapter 230 of the Village Code, contains Notice requirements for Public Hearings on certain land use applications before the Town Planning Board and Zoning Board of Appeals. Those Notice requirements currently include publication in the official newspaper of the Village and direct mailings to neighbors within a certain distance of the property that is the subject of the Public Hearing. The Village Board has determined that public awareness of Public Hearings regarding land use applications would be increased if, in addition to the existing Notice requirements, there was an additional requirement to post a sign on the property that is the subject of the Public Hearing providing Notice of the Public Hearing. The Village Board believes it to be in the best interests of the Village and its residents, to amend Sections 230-43, 230-44 and 230-62 of the Village Code, to include the requirement that applicants on all land {00368393 1} 1 use applications before the Town Planning Board and Zoning Board of Appeals be required to post any Notice of Public Hearing on Signs placed on the property subject to the land use application. Section 2. Section 230-43 of the Village Code entitled “Special permit procedure” is hereby amended by repealing Subsection 230-43(D) and replacing that Subsection with the following language. “D. Application and referral. Application for a special permit shall be made, in writing, to the Planning Board. The Planning Board shall fix a time within 62 days from the day an application for special permit is made for a public hearing. Public notice shall be given by publication in the newspaper of such hearing at least five days prior to the date of public hearing. The secretary of the Planning Board will record in the minutes of the hearing the names of any of the abutting property owners who qualify under terms of § 230-44D, who object to the granting of the special permit and the reasons why, such information is to be given consideration in arriving at a permit decision. In addition, the Applicant shall post a Sign on the property which is the subject of the application, at the Applicant’s own cost, containing the Notice of Public Hearing at least ten (10) days prior to the date of the Public Hearing. The Planning Board shall determine the number, size and placement of the Sign to be posted on the property which shall be in compliance with the requirements of Section 230-20 of the Village Code. An affidavit of posting shall be filed with the secretary of the Planning Board at least five (5) days before the Public Hearing. Reposting of such Sign shall not be required for adjourned dates. An Applicant shall not be deemed to have violated the requirement to maintain the Notice Sign if the Sign is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The Sign required herein shall be removed within five (5) days of the close of the Public Hearing. The Planning Board is authorized to develop and revise from time to time policies and procedures regarding the size of Notice Signs, the font size of the lettering appearing thereon, as well as the level of detail announced in the Notice Sign in order to best serve the needs of the Planning Board and the public. Within 62 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the special permit. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant. No building permit shall be issued for special uses until the provision of § 230-43 have been met.” Section 3. Section 230-44 of the Village Code entitled “Site plan procedure” is hereby amended by repealing Subsection 230-44(D) and replacing that Subsection with the following language. “D. Public hearing and action by Planning Board. (1) The Planning Board shall notify, by certified mail, all adjacent property owners of the date, time, place and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. The records of the Receiver of Taxes of the Village of Millbrook shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in a properly addressed postpaid envelope in the United States Mail. In addition, the Applicant shall post a Sign on the property which is the subject of the application, at the Applicant’s own cost, containing the Notice of Public Hearing at least ten (10) days prior to the date of the Public Hearing. The Planning Board shall determine the number, size and placement of the Sign to be posted on the {00368393 1} 2  property which shall be in compliance with the requirements of Section 230-20 of the Village Code. An affidavit of posting shall be filed with the secretary of the Planning Board at least five (5) days before the Public Hearing. Reposting of such Sign shall not be required for adjourned dates. An Applicant shall not be deemed to have violated the requirement to maintain the Notice Sign if the Sign is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The Sign required herein shall be removed within five (5) days of the close of the Public Hearing. The Planning Board is authorized to develop and revise from time to time policies and procedures regarding the size of Notice Signs, the font size of the lettering appearing thereon, as well as the level of detail announced in the Notice Sign in order to best serve the needs of the Planning Board and the public. (2) Within 62 days of the date of the adjournment of public meeting, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site plan. A copy of the Planning Board's decision shall be filed in the offices of the Village Clerk and with the Zoning Enforcement Officer, and a copy thereof shall be mailed to the applicant. (3) Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modification required by the Planning Board as a condition of its approval. Upon verification by the Planning Board that the plan complies with the requirements of the Planning Board, the plan shall be endorsed by the Planning Board Chairperson and properly filed with the Zoning Enforcement Officer, the Planning Board and the Village Clerk.” Section 4. Section 230-62 of the Village Code entitled “Public hearings and notice” is hereby repealed in its entirety and that Section replaced with the following language. “§ 230-62 Public hearings and notice. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing as provided by the Village Law. In addition, the Applicant shall post a Sign on the property which is the subject of the application, at the Applicant’s own cost, containing the Notice of Public Hearing at least ten (10) days prior to the date of the Public Hearing. The Zoning Board of Appeals shall determine the number, size and placement of the Sign to be posted on the property which shall be in compliance with the requirements of Section 230-20 of the Village Code. An affidavit of posting shall be filed with the secretary of the Zoning Board of Appeals at least five (5) days before the Public Hearing. Reposting of such Sign shall not be required for adjourned dates. An Applicant shall not be deemed to have violated the requirement to maintain the Notice Sign if the Sign is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The Sign required herein shall be removed within five (5) days of the close of the Public Hearing. The Zoning Board of Appeals is authorized to develop and revise from time to time policies and procedures regarding the size of Notice Signs, the font size of the lettering appearing thereon, {00368393 1} 3  as well as the level of detail announced in the Notice Sign in order to best serve the needs of the Zoning Board of Appeals and the public. A. Notice to interested parties. In case of any appeal, all interested parties as designated in the Village Law shall be notified as provided therein. B. Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. C. Required interval for hearing on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provision of this chapter, denies the same, the Zoning Board of Appeals shall refuse to hold further hearings on the same or substantially similar application or appeal by the same applicant, his or her successor or assignee for a period of one year, except and unless the Zoning Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Zoning Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.” Section 5. This local law shall take effect as of the date of filing with the New York Secretary of State. The foregoing resolution was duly put to a vote which resulted as follows: Mayor Collopy __________ Trustee Herzog __________ Trustee Contino __________ Trustee Arbogast __________ Trustee Doro __________ DATED: Millbrook, New York November 9, 2022 ________________________________ SARAH J. WITT, VILLAGE CLERK Village of Millbrook {00368393 1} 4  RESOLUTION No. 017 of 2022 Enacting Local Law No. 3 of 2022 Amending Article X of Chapter 230 of the Village Code by Creating a New Section 230-75 Containing Regulations for Outdoor Dining on Village Sidewalks At a meeting of the Village Board of Trustees of the Village of Millbrook (“Village Board”), held at the Village Fire House, 20 Front Street, Millbrook, New York on the 9th day of November, 2022, at 6:00 p.m., Village Mayor, Tim Collopy called the meeting to order, and _________________________, seconded by Trustee _____________________________, moved the following resolution, to enact the following local law, to be known as Local Law No. 3 of 2022, entitled “A Local Law Amending Article X of Chapter 230 of the Village Code to Establish a New Section 230-75 Setting Forth the Rules and Regulations to apply to Outdoor Dining on Village sidewalks” as follows: WHEREAS, the following Local Law was introduced as Proposed Local Law No. 3 of 2022, by Resolution adopted at a regular meeting of the Village Board held on October 12th, 2022; and WHEREAS, a properly noticed public hearing was held before the Village Board during the meeting on November 9, 2022, on Local Law No. 3 of 2022; and WHEREAS, the Village Board determined the enactment of this Local Law will have no adverse environmental impacts and issued a Negative Declaration pursuant to the New York State Environmental Quality Review Act; and BE IT ENACTED by the Board of Trustees of the Village of Millbrook as follows: Section 1. Legislative intent: The novel coronavirus (Covid-19) pandemic has been a public health emergency throughout the United States, and the world, since early in 2020. Several local businesses, in particular restaurants, have suffered tremendously since that time as a result of the executive orders prohibiting public gatherings and requiring social distancing as well as the staff {00368403 1} 1 shortages as a result of employees becoming infected with the disease or having to quarantine as the result of exposure. The Village Board is aware that some restaurants do not have the ability to offer outdoor dining on premises and that in some cases the adjacent public sidewalk is the only available space to offer outdoor dining. The Village Board has determined it is in the best interest of the Village and its residents to allow restaurants located in the Village to provide outdoor dining on the adjacent Village sidewalk and to impose regulations to ensure the safety, attractiveness, and convenience of such Village sidewalks is maintained for diners and pedestrians. Section 2. Article X of Chapter 230 of the Village Code entitled “Zoning” is hereby amended by adding a New Section 230-75 to contain the following language. “§230-75 Outdoor Dining on adjacent Village Sidewalks. A. Definitions. FOOD ESTABLISHMENT Any establishment which serves made-to-order food or beverages for dine-in, takeout, or delivery. Food establishments shall include, but are not limited to, restaurants, cafes, delicatessens, fast-food establishments and food establishments within grocery stores. OUTDOOR DINING AREA A Village sidewalk space utilized for outdoor dining by the adjacent Food Establishment pursuant to an Outdoor Dining Area permit. PERSON Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including public agencies and municipal corporations. B. No Person operating a Food Establishment shall establish, operate or expand an Outdoor Dining Area on a Village sidewalk except upon the granting of an Outdoor Dining Area Permit by the Village of Millbrook Building Inspector. This Section shall only permit Outdoor Dining on Village Sidewalks. The use of any streets or roads within the Village for Outdoor Dining shall be prohibited. {00368403 1} 2  C. The Outdoor Dining Area shall not require land use approvals such as site plan, special permit, subdivision, variances or any other discretionary review or approval by any board within the Village. D. All applications for an Outdoor Dining Area Permit shall be on a form provided by the Village Building Department and shall contain the following information: (1) The name and address of the applicant. (2) The name and address of the Food Establishment. (3) Approval from the New York State Liquor Authority to serve alcohol in the Outdoor Dining Area, if the Food Establishment will be serving alcohol in the Outdoor Dining Area. (4) Insurance certificates, in compliance with the requirements set forth in subparagraph F below. (5) A drawing showing the proposed layout of the Outdoor Dining Area. (6) A statement describing the proposed use of the Outdoor Dining Area, including days and hours of intended operation and proposed capacity. (7) If a tenant is seeking an Outdoor Dining Area permit, the tenant/application shall include written authorization from the property owner. (8) The Application Fee in the amount determined each year by resolution of the Village Board. E. All Outdoor Dining Area permits shall be subject to the following terms and conditions: (1) The Outdoor Dining Area shall not be used for any purpose other than for the approved dining use. No outdoor cooking or preparation of alcoholic beverages of any type is permitted in the Outdoor Dining Area. (2) The Outdoor Dining Area shall comply with any and all state and local health, fire, building, sanitation and maintenance codes applicable. (3) Sidewalk clearances must be sufficient to ensure a straight pedestrian path free of obstructions along the entire length of the public sidewalk. There must be a minimum clear path of at least thirty (30) inches wide for the pedestrian path. (4) Obstructions to entryways, emergency exits, fire hydrants, and any other public utility are prohibited. Entrances to the sidewalk dining area must maintain a minimum thirty (30) inch wide access way from the public sidewalk to building entryway. (5) No permanent structures may be affixed to the sidewalk used for the Outdoor Dining Area. (6) The number and location of all chairs, tables, benches, umbrellas, heaters, and planters in the Outdoor Dining Area are subject to approval by the Building {00368403 1} 3  Inspector, in accordance with all applicable New York State, Dutchess County and Village of Millbrook laws and codes and Americans with Disabilities Act requirements. (7) Tables and chairs shall be constructed of durable materials such as metal. No folding tables are permitted. (8) The Outdoor Dining Area shall at all times be kept free and clear of garbage, litter, refuse, rubbish and debris. (9) Music of any sort is expressly prohibited. (10) Any exterior lighting shall not unreasonably illuminate beyond the boundaries of the Outdoor Dining Area. (11) The Outdoor Dining Areas shall be closed to customers and all furnishings shall be removed and stored indoors on or before 10:00 p.m. each day. (12) The applicant shall be responsible for any damage caused to any sidewalk or public property as a result of the Outdoor Dining operations. (13) The operator of the Food Establishment shall procure the appropriate approval from the State Liquor Authority if the food establishment intends to serve alcoholic beverages in the Outdoor Dining Area and shall comply with all other laws, regulations and guidelines concerning the serving of alcoholic beverages. All alcoholic beverages to be served in the Outdoor Dining Area shall be prepared within the existing Food Establishment, and alcoholic drinks shall only be served to patrons seated at tables. (14) Upon the expiration or earlier termination of the Outdoor Dining Area Permit, the applicant shall restore the Outdoor Dining Area to the same condition it was in prior to the applicant's use of the Outdoor Dining Area. (15) The Building Inspector may impose any reasonable conditions on the approval of an Outdoor Dining Area Permit related to the Outdoor Dining Area's size, location, impact on available parking, pedestrian safety, noise, and the public health, safety and welfare. (16) All outdoor dining operations shall comply with any applicable United States Centers for Disease Control, New York State or Dutchess County guidance, rule, regulation or law concerning required measures to minimize the spread of COVID-19. (17) Outdoor Dining shall only be allowed between April 1st and November 1st. (18) Modification. The Building Inspector may modify an Outdoor Dining Area Permit at any time and for any reason. (19) Revocation. The Building Inspector shall have the authority to revoke or suspend a Permit for any of the following grounds: {00368403 1} 4  (a) The permit was issued in error, or issued in whole or in part as a result of a false, untrue, or misleading statement on the permit application or other document submitted for filing. (b) Use of the property for an Outdoor Dining Area creates a hazard, public nuisance, threat to public safety, or other condition which negatively impacts the use and/or enjoyment of surrounding properties, or threatens the peace and good order, or quality of life in the surrounding community. (c) Failure of the applicant to comply with any provision of this Section or any other applicable law or regulation or term or condition of the Permit. (d) The determination of the Village Board by Resolution to suspend Outdoor Dining on Village sidewalks pursuant to subparagraph H below. F. Insurance requirements for use of Outdoor Dining Area. (1) No Outdoor Dining Area Permit shall be issued by the Village Building Inspector until the applicant provides satisfactory evidence of the following types of coverage and limits of liability: (a) Statutory workers' compensation and employers' liability policy, with policy limits equal to New York State requirements. (b) General liability coverage with limits of insurance of not less than $1,000,000 for each occurrence and $2,000,000 annual aggregate. (c) The Village of Millbrook and its agents, officers, volunteers, directors and employees shall be named as additional insureds and included in a waiver of subrogation endorsement. (e) The applicant shall maintain these insurance requirements for itself and all additional insureds for the duration of the Outdoor Dining operations. (f) The applicant's policy must be primary and noncontributory to any insurance the Village of Millbrook maintains. (g) Certificates of insurance shall provide that thirty (30) days' written notice prior to cancellation or modification be given to the Village of Millbrook. Policies that lapse and/or expire during the term of the Outdoor Dining Area Permit shall be recertified and received by the Village of Millbrook no fewer than 30 days prior to cancellation or renewal. G. Indemnification. As a condition of accepting the Outdoor Dining Area Permit, the applicant agrees to indemnify and save harmless the Village of Millbrook, its officers, agents, attorneys and employees, from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the Outdoor Dining Area. {00368403 1} 5  H. Suspension by Village Board. The Village Board shall have the authority to suspend Outdoor Dining on Village sidewalks at any time by resolution. Upon adoption of such a resolution of the Village Board, the Village Building Inspector shall immediately revoke all Outdoor Dining Area Permits issued in accordance with subparagraph E.(19) above. I. Reservation of rights by Village. Neither the adoption of this Section nor the granting of any Permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Millbrook concerning its public easement over the streets and sidewalks, or of any requirement of law concerning the liability of the Village of Millbrook with respect to streets and sidewalks, whether expressed or implied. J. Enforcement. A violation of any provision of this Section shall be subject to the enforcement provisions set forth in Article VII of the Village Code.” Section 3. This local law shall take effect as of the date of filing with the New York Secretary of State. The foregoing resolution was duly put to a vote which resulted as follows: Mayor Collopy __________ Trustee Herzog __________ Trustee Contino __________ Trustee Arbogast __________ Trustee Doro __________ DATED: Millbrook, New York November 9, 2022 ________________________________ SARAH J. WITT, VILLAGE CLERK Village of Millbrook {00368403 1} 6  Village Millbrook Board of Trustees Resolution #2021-013 The Following Resolution Amends and Restates as Amended the Resolution adopted by the Village Board on July 14, 2021, to Remove Section 3 of the Previously Adopted Resolution WHEREAS, at a duly convened meeting of the Village of Millbrook Board of Trustees, the Board has reviewed and hereby adopts the Water/Sewer Hook-Up and Escrow fees for Village and Town residents. Connection fees, also adopted, only apply to Non-Village applicants that have been pre-approved by a memo from Mayor Hurley dated June 18th, 2010 (attached) Connection fees as defined in the Bill Bright (Delaware) memo (attached): 1) Application fees for Village and Town: • Water: $500 and $500 bond • Sewer: $500 and $500 bond 2) Escrow of $5000 to cover Village-related and VRI-related inspection fees, engineering fees and administrative fees (amounts TBD). Each application requires a stamped Dutchess County Health Department (DCHD) approved site plan. 3) Connection fees for Non-Village pre-approved applicants: Homeowner pays all connection fees for each hookup plus an additional $6270 for water hookup and $6270 for sewer hookup (Assuming current rates for non-village water & sewer and a three-bedroom house. Connection fees are subject to adjustment based on the size of the project.)* THEREFORE, BE IT RESOLVED, the abovementioned Water and Sewer Hook-Up, Connection, and Escrow fees will go in effect the date of this Resolution. Dated: July 14, 2021 Dated: November 9, 2022 Moved by: Mayor Collopy Moved by: Seconded by: Deputy Mayor Herzog Seconded by: Mayor Collopy Aye Mayor Collopy Aye ________ Aye Deputy Mayor Contino ________ Deputy Mayor Herzog Aye Trustee Contino Absent Trustee Herzog Aye ________ Trustee Arbogast Absent Trustee Arbogast Aye ________ Trustee Anson Aye Trustee Doro Aye _________ Certified by: Certified by: Sarah J. Witt Sarah J. Witt Village Clerk Village Clerk 07.14.2021 11.09.2022  Village Millbrook Board of Trustees Resolution #2021-013 WHEREAS, at a duly convened meeting of the Village of Millbrook Board of Trustees, the Board has reviewed and hereby adopts the Water/Sewer Hook-Up and Escrow fees for Village and Town residents. Connection fees, also adopted, only apply to Non-Village applicants that have been pre-approved by a memo from Mayor Hurley dated June 18th, 2010 (attached): 1) Application fees for Village and Town: • Water: $500 and $500 bond N • Sewer: $500 and $500 bond TI O 2) Escrow of $5000 to cover Village-related and VRI-related inspection fees, engineering fees and administrative fees (amounts TBD). Each application requires a stamped Dutchess County Health Department (DCHD) approved site plan. LU 3) Connection fees for Non-Village pre-approved applicants: Homeowner pays all connection O fees for each hookup plus an additional $6270 for water hookup and $6270 for sewer hookup (Assuming current rates for non-village water & sewer and a three-bedroom house. Connection ES fees are subject to adjustment based on the size of the project.) THEREFORE, BE IT RESOLVED, the above-mentioned Water and Sewer Hook-Up, R Connection, and Escrow fees will go in effect the date of this Resolution. Dated: July 14, 2021 Moved by: Mayor Collopy AL IG Seconded by: Deputy Mayor Herzog Mayor Collopy Aye IN Deputy Mayor Herzog Aye R Trustee Contino Absent O Trustee Arbogast Trustee Anson Absent Aye Certified by: Sarah J. Witt Village Clerk 07.14.2021 O R IG IN AL R ES O LU TI O N  Delaware Engineering, DPC To: Mayor Collopy From: William Bright cc: Village Clerk, Robert Flores, PE; Ablen Amrod, PE Date: October 28, 2022 final Rev.-12/9/2022 Re: 10/26/2022 Meeting w/ RW Ciferri, Gary Ciferri, Supv., Mayor Collopy RE: Maple Hill Drive subdivision water & sewer On 10/26/2022 a meeting was held at the Village of Millbrook Village Hall to discuss the concerns of a Town of Washington land owner who holds a number of approved building lots along Maple Hill Drive and County House Rd. Present at this meeting were: Mayor Tim Collopy Gary Ciferri, Town of Washington Supervisor Mr. R.W. (Skip) Ciferri (land owner) Peter Doro, Village Trustee William Bright, Delaware Engineering The issue of concern to Mr. R.W. Ciferri was Village of Millbrook Board of Trustees Resolution #2021-013 (attached) passed by the Village Board on 7/14/21 which was revised with new resolution on 8/10/2022 Establishing the Terms, Consideration and Conditions for Out of Village Residents to Connect to the Village Sewer System (attached). These resolutions are related to the willingness of the Village of Millbrook Board to allow certain Town of Washington residents to connect to the Village wastewater treatment facility and sewer collection system, should they choose. The resolutions allow for the connection of single-family residents, when those properties are adjacent to existing sewer mains. For a point of reference, the WWTF may have excess capacity when an individual sewer main may not have capacity so an engineering analysis is advised on a case-by-case basis. A formula for developing the fee for service and connection was established by using the replacement cost less usable depreciation of the entire sewer system. This method establishes the value of 1 gallon of capacity and using NYSDEC design standards for volume of water per bedroom each bedroom is rated at 110 gallons, a three-bedroom home’s flow is 330 gallons per day X the cost per gallon = connection fee. The 10/26/22 meeting’s discussion concerned nine lots highlighted in the June 18, 2010 letter written by Mayor Laura Hurley to Mr. R.W. Ciferri (attached) where by the Village of Millbrook acknowledged that those nine lots have been approved for connection to the Village water and sewer systems. The Hurley letter was in our opinion a statement of fact based on the historical records of approvals granted Mr. Ciferri from the mid 1980’s by the Town of Washington, the Village of Millbrook & Dutchess County Health Department. We have attached examples of the various approvals provided to Mr. Ciferri from the Town of Washington, Village of Millbrook and the Dutchess County Health Department. Mr. Ciferri’s Maple Hill Subdivision is unquestionably approved to be connected to the Village water and sewer systems. The analysis of these approvals also provides details into the extent of the approvals and the fees collected by the Village for these connections. After reviewing all of the information provided, the approval correspondence as well as our discussions with the property owner, Mr. Ciferri; the cost to purchase water and sewer capacity does not apply to the Maple Hill Subdivision nor any other property connected to this gravity sewer main when it was installed, inspected and approved by the Village. All Maple Hill Subdivision properties and any other properties that have sewer laterals already installed onto individual lots, were inspected by the Village engineer, and the connections were certified by the Dutchess County Health Department, are already connected to the Village of Millbrook collection system. Each Maple Hill lot also has water main located on each property with easements provided to the Village. The required fees were paid by Mr. Ciferri to the Village for engineering inspections for each property’s connection. Based on this information our opinion is that Maple Hill Subdivision and those lots with sewer lateral installed onto the private property and connected to the same gravity sewer main is considered connected as each lot has an installed sewer lateral place on the private property. Also, each private lot that has a water main located physically on the property. We believe the properties cannot be charged additional fees beyond what has already been charged by the Village when the system was installed in the 1980’s. The only item remaining is the Village water tapping fee which I believe is $500 per water tap and the Village provides any new property the corporation valve and the shut off valve with a water meter for when a home is constructed. It was noted that the properties in question have not been billed for their annual sewer assessment fee, this should be corrected and each property should be charged the sewer assessment fee going forward. Also, the Village should consider instituting a water assessment fee for vacant lots connect to the Village water distribution system as having a water and sewer connection are much more valuable than a lot that is not connected. Should you have any other questions do not hesitate contact us. 2 6/18/2010 Hurley memo: 3 11/17/1987 Resolution of Village Board granting connection to Village sewer system and WWTP. Sites that the entire sewer main from the connection near Bennett College to Maple Hill Subdivision would be dedicated to the Village such that multiple sewer connection along the route of the sewer main could be connected. This seems to have been considered as a benefit to the Village of Millbrook provided by Mr. Ciferri which would allow the Village to add customers, thus increasing the customer base. Analysis of the record tells us that a few years after this approval and because of the installation of the approved sewer main by Mr. Ciferri’s Dutchess County was able to connect its facility located on Oak Summit Rd. in the Town of Washington. This eliminated an old ground water sewage discharge from the County House and increased the sewer customer base by >60 benefit units. 4 12/23/1986 Water Connection Approval 5 1/26/1988 Dutchess County Health Department approval of the connection of the Maple Hill Subdivision to the Village Public Water Supply. 6 7