2006-158COPY2006-158
Public Interest Resolution in the Matter. of Proposed Sewer Improvements in the Town
Pursuant to Article 12-C of the Town Law to be Known as Wappinger Sewer Improvement
Area #5
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 12th,
2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmembers - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Bettina.
WHEREAS, a map, report and plan, including an estimate of cost, have been duly
prepared in such manner and in such detail as has heretofore been determined by the Town
Board of the Town of Wappinger, Dutchess County, New York, relating to sewer improvements,
to serve a benefitted area in said Town to be known as Wappinger Sewer Improvement Area #5
(the "Area"), whose boundaries shall consist of the area specified in Appendix A as attached
hereto and hereby made a part hereof (and which is contiguous with present Wappinger Sewer
Improvement Area #1), as more fully shown upon a map on file in the office of the Town Clerk,
which map is available for inspection by any person or persons interested in same during regular
office hours at said office; and
WHEREAS, said map, plan and report, including estimate of 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 person or persons interested in the subject matter thereof; and
WHEREAS, the capital improvements proposed in connection with the establishment of
Wappinger Sewer Improvement Area #5 of the Town of Wappinger consist of the construction
of a wet well mounted pump station, with related generator set and gravity main, as well as other
original equipment, machinery, apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, to be installed near the existing air ejector station on Cedar
Hill Road in said Area, at an original maximum estimated cost of $250,000; and
WHEREAS, said maximum estimated cost shall be authorized to be financed by the
issuance by the Town of Wappinger of its serial bonds with a maximum maturity not in excess of
the forty year period prescribed by the Local Finance Law; and
WHEREAS, said maximum estimated cost is greater than one-tenth of one per centum of
the full valuation of taxable real property in the area of the Town of Wappinger outside of any
villages; and
WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by
the real property in said Wappinger Sewer Improvement Area #5 by assessing, levying upon and
collecting from the several lots and parcels of land within such Wappinger Sewer Improvement
Area #5, outside of any village, which the Town Board shall determine and specify to be
especially benefitted by the improvements, an amount sufficient to pay the principal and interest
on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds,
as the same become due and payable; and
WHEREAS, the aforesaid improvements have 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 which by definition will
not result in any significant environmental effects; and
WHEREAS, the Town Board of the Town of Wappinger duly adopted an Order on May
8'', 2006 calling a public hearing upon said map, report and plan, including the estimate of cost, and
the question of funding for the sewer distribution system known as Wappinger Sewer Improvement
Area #5, such public hearing to be held on the 12th day of June, 2006, at 7:30 o'clock P.M.,
Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, at which time
and place all persons interested in the subject thereof could be heard concerning the same; and
WHEREAS, notice of said public hearing was duly posted and published as required by
law; and
WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all
persons interested in the subject thereof were heard concerning the same; and
WHEREAS, it is now desired to authorize and to provide funding for such improvements
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. It is hereby determined that it is in the public interest to establish said
Wappinger Sewer Improvement Area #5 and to make the sewer improvements hereinafter described
and such sewer improvements are hereby authorized. The proposed Area hereby determined to be
benefitted by said Wappinger Sewer Improvement Area #5 is as set forth in Appendix A annexed
hereto and made a part hereof.
Section 2. The proposed sewer system improvements shall consist of the construction
of a wet well mounted pump station, with related generator set and gravity main, as well as other
original equipment, machinery, apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, to be installed near the existing air ejector station on Cedar Hill
Road in said Area. The method of financing of said cost shall be by the issuance of serial bonds of
said Town of Wappinger, and/or bond anticipation notes issued in anticipation of said bonds, to
mature in annual installments over a period not exceeding forty years and such bonds shall be
payable from assessments levied upon and collected from the several lots and parcels of land as
provided by law, so much upon and from each as shall be in just proportion to the amount of the
benefit which the improvements shall confer upon the same.
Section 3. It is hereby determined that the estimated expense of the aforesaid sewer
improvements does exceed one-tenth of one per cent of the full valuation of the taxable real
property in the Area of said Town outside of villages and, therefore, in accordance with the
provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State
Comptroller was required and received for such improvement.
Section 4. It is hereby further determined that all of the cost of the aforesaid
improvements shall be borne wholly by property within Wappinger Sewer Improvement Area #5,
with no cost thereof to be borne by the entire area of the Town outside of any village.
Section 5. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town
Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded
within ten days of the date of adoption hereof in the Office of the Clerk of the County of Dutchess,
which when so recorded, shall be presumptive evidence of the regularity of the proceedings and
action taken by the Town Board in relation to the aforesaid improvement.
Section 6. This resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
ROBERT L. VALDATI, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/12/2006
D
The Resolution is hereby duly declared adopted.
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