2005-055RESOLUTION NO. 2005- 55
RESOLUTION DIRECTING THE REMOVAL OF TEN PARCELS OF PROPERTY
FROM THE WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT
AREAS — PHASES .1 & 2 AND PHASE 3A
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 the 25th
day of April, 2005, at 7:30 P.M.
The meeting was called to order by7osmhRuggiOro, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Robert L. Valdati
Joseph P. Paoloni
Maureen McCarthy
ABSENT: Vincent Bettina
The following Resolution was introduced by Ms McCarthy and
secondedby Mr. Valdati
WHEREAS, the Town of Wappinger previously authorized the creation of the
Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A;
and
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 seven programmed areas; and
WHEREAS, there is no statutory mechanism to remove a parcel from an article 12C
improvement area once the improvement area has been established;
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WHEREAS, the Town Board has requested and has obtained special legislation to
remove the subject parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas
- Phases 1 & 2 and Phase 3A; and
WHEREAS, Senate Bill No. S7020 and Assembly Bill No. Al 1034 were introduced into
the New York State legislature for the purposes of authorizing legislation permitting the removal
of the subject ten parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas -
Phases 1 & 2 and Phase 3A; and
WHEREAS, on October 19, 2004 Governor Pataki signed into a S7020 and Al 1034
(Chapter 614 in Laws, 2004) which authorizes the Town of Wappinger to remove the subject ten
parcels of land and Wappinger Sewer Transmission/ Treatment Improvement Areas — Phases 1
& 2 and Phase 3A, effective as of January 1, 2002 permitting refunds for the effected 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;
WHEREAS, it has been reported by the attorney to the Town that several of the parcels
have been sold and resold since January 1, 2002; and
WHEREAS, the Town Board has previously determined that the removal of the subject
parcels is a Type II action pursuant 6 NYCRR 617.5 (c) (20) and is otherwise exempt from
environmental review pursuant to New York State Environmental Quality Review Act
(SEQRA); and
WHEREAS, the Notice of Public Hearing was duly published in the Southern Dutchess
News and the Poughkeepsie Journal on April 6, 2005 and April 6, 2005
I� respectively; and
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WHEREAS, Notices of the Public Hearing were forwarded to each of the owners of the
parcels identified in Schedule "1" as well as to any party who has had an ownership interest in
the subject parcels since January 1, 2002, said Notices being sent to the addresses contained in
the files at the Town Assessor's office; and
WHEREAS, the Town Board duly conducted a Public Hearing on the proposed removal
of the ten parcels on April 25, 2005; and
WHEREAS all persons desiring to be heard were duly heard; and
V4REAS, the Town Board has duly considered whether or not to remove the ten
parcels from the Wappinger Sewer Transmission/ Treatment Improvement Areas — Phases 1 & 2
and Phase 3A.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Upon the information given at the aforesaid Public Hearing, it is hereby found and
determined as follows:
(a) the Notice of Public Hearing was duly published and posted as required by
law and is otherwise sufficient;
(b) the various parcels identified in Schedule 1 will be unable to receive
« ,�
sewer service from or through Wappinger Sewer Transmission/ Treatment
Improvement .Areas — Phase 1 & 2 and 3A;
(c) all the properties and property owners identified in Schedule 1 not
be benefited by being included the Wappinger Sewer Transmission/
Treatment Improvement Areas — Phase 1 & 2 and 3A;
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a
(d) the removal of the ten parcels identified in Schedule "I" is in the best
interest of the Town and the public;
(e) the Town Supervisor, the Town Comptroller and the Attorney to the Town
are directed to determine the amount of any benefit assessments paid by or
on behalf of the parcels identified in Schedule "1". and are directed to
refund said benefit assessments to the property owners, prorated and
.adjusted inaccordancewith-each owners' period -of ownership of each
parcel since January 1, 2002;
M the Town Clerk shall, within ten days after the adoption of the Resolution,
publish in the official newspaper and post on the official sign board of the
Town, a Notice which shall set forth the date of adoption of this
Resolution and the full text hereof, and shall further record a copy of this
Resolution in the Office of the Dutchess County Clerk.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting
ROBERT L. VALDATI, Councilman Voting
VINCENT F. BETTINA, Councilman Voting
JOSEPH P. PAOLONI, Councilman Voting
MAUREEN MCCARTHY, Councilwoman Voting
Dated: Wappingers Falls, New York
March 28, 2005 The Resolution is her,
0
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J. M
Aye
Aye
Absent
Aye
Aye
declared adopted.
CLERK