2008-204CO-10py
2008-204
A Resolution Calling a Public Hearing to Clarify the Consolidation, Pursuant to Chapter
718 of the Laws of 2006 and Section 206-a of the Town Law of Certain Water Districts and
Water Improvement Areas in the Town of Wappinger, Dutchess County, New York
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 23ra,
2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
_ William H. Beale
Vincent F. Bettina (departed at 9:55 PM)
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger, Dutchess County, New York, has heretofore
established the following water districts and water improvement areas, amongst others:
(1) The Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry
Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water
Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the
Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the
Myers Corners II Water District, (9) the Oakwood Knolls Water District, and (10) Meadowood
Water District (which Prior Water Districts/Improvement Areas and water improvement areas,
including extensions, if any, thereto, are referred to herein collectively as the "Prior Water
Districts/Improvement Areas" which specifically do not include Tall Trees Water Improvement
Area and the water districts known as Watch Hill Water District and Fleetwood Water District
(the "Excluded Water Districts/Improvement Areas")); and
WHEREAS, costs of debt service, operation and maintenance of each of the water districts
included in the aforesaid Prior Water Districts/Improvement Areas has been a charge against all the
taxable real property within each respective water district included in the Prior Water
Districts/Improvement Areas or in the case of the water improvement areas included therein,
pursuant to the provisions of section two hundred nine -q of the town law, the Town Board has been
responsible for the management, maintenance, operation and repair of each water improvement
area, and, to the extent that moneys therefore have not been raised by water rates, the cost of such
management, maintenance, operation and repair has been a charge upon the area of the Town
outside of any villages and has been levied and collected in the same manner and at the same time
as other town charges while the cost of debt service for improvements has a charge against all the
taxable real property therein, benefited thereby or by the area of the Town outside of any Village or
a combination thereof as provided by law and the proceedings establishing each such water
improvement area; and
WHEREAS, the Legislature of the State of New York has authorized the Town to
consolidate said Prior Water Districts/Improvement Areas and any others in said Town except the
Excluded Water Districts or Improvement Areas pursuant to Chapter 718 of the Laws of 2006 (the
"Special Act") and the Town did so consolidate said Prior Water Districts/Improvement Areas and
any others as so provided therein and determined to name the consolidated water district as the
"Consolidated Water District", and it is now desired to clarify the name and the consolidation of
said Prior Water Districts/Improvement Areas;
NOW, THEREFORE, BE IT KNOWN:
Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, shall be held at Town Hall, in Wappingers Falls, New York, in said Town, on the l la'
day of August, 2008, at 7:00 P.M., Prevailing Time, for the purpose of clarifying the name of the
consolidated water district and its constituent consolidated water districts and improvement areas.
Section 2. It is hereby determined that the Prior Water Districts/Improvement Areas so
consolidated pursuant to the Special Act are as follows: (1) The Central Wappinger Water
Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger
Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger
Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North
Wappinger Water District, (8) the Myers Corners II Water District, (9) the Oakwood Knolls Water
District, and (10) Meadowood Water District, and shall be known as the United Wappinger Water
District (the "United Wappinger Water District") rather than the Consolidated Water District, as
previously determined by this Town Board. All the property of the Prior Water
Districts/Improvement Areas including moneys raised prior thereto and unexpended proceeds
received or to be received from the issuance of bond anticipation notes and/or bonds authorized by
bond resolutions adopted on dates prior hereto, shall remain the property of the United Wappinger
Water District and the United Wappinger Water District shall assume and pay the indebtedness of
the Prior Water Districts/Improvement Areas incurred prior to the effective date of the consolidation
described herein and thereafter.
Section 3. To the extent not paid from user charges, there shall annually be apportioned
and assessed, in an amount equal to the benefit which improvements shall confer upon same, upon
all the taxable real property in such United Wappinger Water District, an amount sufficient to pay
the principal and interest of the outstanding indebtedness of each of said Prior Water
Districts/Improvement Areas as extended, incurred prior to the effective date of the consolidation
herein described, as the same shall become due and payable, but if not paid from each such source,
all the taxable real property within 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
outstanding indebtedness.
Section 4. The future assessments of all costs of improvements, as well as costs of
operation and maintenance of such United Wappinger Water District shall be a charge against the
entire area of the United Wappinger Water District, including all extensions hereafter established.
Section 5. All actions of the Town Board of the Town of Wappinger heretofore
undertaken on behalf of the Consolidated Water District prior to any final order clarifying the name
and constituent elements of said Consolidated Water District, after said public hearing, shall be
deemed to have been and are to be related to the United Wappinger Water District, as intended by
the Special Act.
Section 6. The Town Clerk shall give notice of said public hearing referred to in
Section 1 hereof by the publication of Exhibit A, attached hereto and hereby made a part hereof in
the official newspaper or newspapers of the Town designed pursuant to subdivision 11 of Section
64 of the Town Law, the publication thereof to be made at least ten (10) days prior to the time fixed
for such public hearing. The Town Clerk shall further give notice of said public hearing by the
posting of this resolution on the official signboard of the Town at least ten (10) days prior to the
time fixed therefore. Further details on the consolidation are available in the Office of the Town
Clerk where they are available for inspection during normal business hours.
Section 7. This resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/23/2008
The Resolution is hereby duly declared adopted.
Q., f - �j z � �'
HN C. MASTERSON, TOWN CLERK