2005-02903/28/2005.RGM
Enforcement Officials Educational Conference on April 20, 21,22 in
Poughkeepsie, New York, at a cost not to exceed Five -Hundred and Forty and
00/100 ($540.00), and
BE IT FURTHER RESOLVED, Susan Dao, Deputy Zoning Administrator,
is hereby authorized to attend the Hudson Valley Code Enforcement Officials
Educational Conference, in Poughkeepsie New York, for one day, at a cost not
to exceed Ninety and 00/100 ($90.00).
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION 2005-028
AUTHORIZING HIGHWAY DEPARTMENT TO GO TO BID FOR
SUPPLIES AND SERVICES
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
WHEREAS, Graham Foster, Highway Superintendent, has requested in his
letter dated February 3, 2005, a copy of which is attached hereto, permission
to go out to bid on various supplies and services.
NOW, THEREFORE, BE IT RESOLVED, Graham Foster, Highway
Superintendent, has been authorized to advertise to go out to, bid for various
supplies and services.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION
NO. 2005-29
ORDER CALLING PUBLIC HEARING
IN THE MATTER OF REMOVING PARCELS FROM THE' WAPPINGER.
SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA
PHASES 1 & 2 & PHASE SA
The following Resolution was offered by Councilman Bettina and seconded
by Councilwoman McCarthy.
WHEREAS, the Town of Wappinger previously created the Wappinger
Sewer Transmission/ Treatment Area — Phases 1 & 2 and Phase 3A; and
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WHEREAS, the Town Board has determined that ten parcels originally
included in the Wappinger Sewer Transmission/ Treatment Improvement
Areas - Phases 1 & 2 and Phase 3A will be unable to receive sewer services
from said Improvement Area; and
WHEREAS, there is no statutory mechanism to remove a parcel from an
Article 12(c) Improvement Area once the Improvement Area has been
established; and
WHEREAS, the Town Board has requested and has obtained Special
Legislation to remove these parcels from the Wappinger Sewer Transmission/
Treatment Improvement Area — Phases 1 & 2 and Phase 3A; and
WHEREAS, Senate Bill No. S7020 and Assembly Bill No. A11034 were
previously introduced into the New York State Legislature for the purpose of
introducing legislation to authorize the removal of the parcels; and
WHEREAS, on October 19, 2004, New York State Governor Pataki executed
S7020 and A11034 into law (Chapter 614 of the Laws of 2004) which
authorizes the Town of Wappinger to remove the subject ten parcels of land
from the Wappinger Sewer Transmission/Treatment Improvement Area —
Phases 1 & 2 and Phase 3A, effective as of January 1, 2002, permitting
refunds to the affected property owners for any benefit assessment paid after
January 1, 2002; and
.✓ WHEREAS, the parcels to be removed are identified in Schedule "1" attached
hereto; and
WHEREAS, the attorney to the Town has reported that several of the parcels have
been sold since January 1, 2002; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is
otherwise exempt from environmental review pursuant to the New York State
Environmental Quality Review Act (SEQRA).
ORDERED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
1. The recitations above set forth are incorporated in this Order as
if fully set forth and adopted herein.
2. The Town Board hereby determines that the proposed removal
of parcels from the Wappinger Sewer TransmissionfEreatment Improvement
Area — Phases 1 & 2 and Phase 3A is a Type II action as defined in 6 NYCRR
617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines
that this action is not an action that requires review pursuant to the
provisions of New York State Environmental Quality Review Act (SEQRA) or
pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617.
03/2812005.RGM
The Town Board hereby schedules a meeting of the Town Board
to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York in
said Town, on the 25th day of April, 2005 at 7:30 o'clock p.m. prevailing time,
for the purposes of holding a public hearing on the proposed removal of ten
parcels of property from the Wappinger Sewer Transmission/Treatment
Improvement Area — Phases 1 & 2 and Phase 3A , and to hear all persons _
interested in the subject matter thereof 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 ten parcels to be removed are described on the Town of
Wappinger tax rolls as follows:
6257-04-983499;
6257-04-984486;
6257-04-984472;
6257-04-984458;
6257-04-983444;
6257-04-998401;
6257-04-980415;
6257-04-984429;
6357-03-040454;
a portion of parcel 6257-04-863284;
and more particularly described as follows: BEGMING at a
point on the westerly side of County Route 94 (aka All Angels Hill Road),
said point being the northeasterly corner of the herein described;parcel and
the southeasterly comer of the lands now or formerly James E. Heady and
Eileen P. Heady as described in Liber 985 of Deeds at Page 126, thence
along the westerly side of County Route 94 S11°40'00"E 94.74 feet,
S08020'00"E 125.70 feet S09035'OOE 300.47 feet, S08°17'5T E 114.43 rr
feet, S08019146"E 141.72 feet and S08002'27"E 166.53 feet to
southeasterly comer of the herein described parcel and the northeasterly
corner of the lands now or formerly Carol G. White as described in Liber
1911 of Deeds at Page 6, thence along lands of White S71°43'08"W
251.13 feet, and S18°16'52"E 215.00 to a point, thence along lands now or
formerly Dahlin described in Liber 730 of Deeds at Page 273, Lagreca
Liber 1670 of Deeds at Page 765, Skora Liber 1366 of Deeds at Page 910,
McCoart Liber 1918 of Deeds at Page 117, Giangaspro Liber 874 of
Deeds at Page 175, Dibiase Liber 976 of Deeds at Page 192 and Gelbart
and Taubenblatt Liber 1597 of Deeds at Page 100, S71°49'23"W 474.67
feet, S71°23'48"W 495.21 feet, S71°20'26"W 415.47 feet and
S71004'26"W 159.40 feet the southwesterly corner of the herein described
parcel, thence N12016'19"W 825.21 feet to a point, thence through lands
of Meadowwood Development Corp N70°58'36"E 822.25 feet,
N28015'51"E 339.82 feet, N14045'21"E 407.51 to the northwesterly
corner of the herein described parcel and the southwesterly corner of the
lands now or formerly Heady as described in Liber 985 of Deeds at Page
126, thence along the lands of Heady S83015'40"E 527.00 feet and
S89041'40"E 98.00 feet to the point or place of beginning, presently .
included in said district.
4. The Town Clerk is hereby authorized and directed to cause a M
copy of this Order Calling Public Hearing to be published once in the
Poughkeepsie Journal and once in the Southern Dutchess News, official
newspapers of the 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
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aforesaid, and the 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, and to send, by first class mail, a copy thereof to each
owner of the parcels identified above, each not less than ten nor more than
twenty days before the day set herein for the hearing as aforesaid. The Town
Clerk is further directed to send a copy of this Order Calling Public Hearing
to any owners of the above mentioned parcels that have been in title from
January 1, 2002 to present. The Town Clerk shall send copies of the Order
Calling Public Hearing to the above -referenced parties at the addresses on
file in the Town Assessor's office.
5. The Town Board further determines with respect to any of those
parcels that have been sold since January 1, 2002 that refunds of any benefit
assessments levied by or on behalf of the Wappinger Sewer Transmission/
Treatment Improvement Area — Phases 1 & 2 and Phase 3A on or after
January 1, 2002 shall be refunded to the property owners that paid same,
and said refund shall be pro -rated and adjusted among and between the
various owners of those parcels based on their respective period of ownership
since January 1, 2002.
6. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on
roll, which resulted as follows:
Joseph Ruggiero, Supervisor Voting
Aye
Robert Valdati, Councilman Voting
Aye
Vincent Bettina, Councilman Voting
Aye
Maureen McCarthy, Councilwoman Voting
Aye
Joseph Paoloni, Councilman Voting
Aye
The Order was thereupon declared duly adopted
RESOLUTION NO. 2005-030
RESOLUTION AUTHORIZING TOWN CLERK TO ATTEND
CONFERENCE
The following Resolution was introduced by Councilman Bettina and
seconded by Councilwoman McCarthy.
WHEREAS, the'Town Board has received a letter from Gloria Morse, Town
Clerk, dated February 16, 2005, a copy of which is attached hereto, to attend
the New York State Town Clerks Conference in Buffalo, New York on April
17, 18, 19, 20, 2005.
NOW, THEREFORE, BE IT RESOLVED, that Gloria Morse, Town Clerk is
hereby authorized to attend the New York State Town Clerk Association's
Conference, in Buffalo, New York on April 17, 18, 19, 20, 2005 at a cost not to
exceed Five Hundred Seventy Nine and 00/100.
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