2023-982023-98
Resolution Authorizing The Town Attorney To Prepare Documents Necessary For The
Condemnation Of Any And All Easements Necessary For The Connection Of The
Wildwood Sewer District To The Tri -Municipal Sewer Plant Under The Eminent Domain
Proceedings Law
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 July 24,
2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2023-98
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Seconder
Q
El
El
ElElWithdrawn
Christopher Phillips
Voter
❑
❑
❑
Q
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilwoman
Bettina.
WHEREAS, the Town Board of the Town of Wappinger determined that the
construction of improvements to the Wildwood Sewer District would not result in any significant
adverse environmental impact; and
WHEREAS, the Town Board of the Town of Wappinger adopted a bond resolution on
February 24, 2020, to fund the capital project for the improvements to the Wildwood Sewer
District by Resolution 2020-71; and
WHEREAS, Engineers to the Town CPL have prepared plans for the construction of
such improvements consisting of the construction of a pump station, force sewer main and
sanitary sewer main from the existing Wildwood Sewer Plant to the Village of Wappingers Falls,
including incidental improvements and expenses in connection therewith, and
WHEREAS, the preferred route for the sewer mains commences at a connection point
with the existing sewer plant located off New Hackensack Road and then running along New
Hackensack Road to the Woodhill Green Condominium, thence through the Woodhill Green
Condominium to Route 9 and under Route 9 to connect with the Village of Wappingers Falls
sewer system; and
WHEREAS, most of the construction shall occur within the public rights of way, but
some easements are required over private property, including the property of Woodhill Green
Condominium, in order to construct these improvements; and
WHEREAS, the Town has entered into an agreement with New York State
Environmental Facilities Corporation which contains a specific construction schedule that must
be adhered to and the easements necessary for construction must be obtained promptly; and
WHEREAS, the Town Board has determined that it is necessary to authorize the
Attorney to the Town and the Engineers to the Town to begin preparing the necessary documents
to commence proceedings in accordance with the Eminent Domain Proceedings Law in order to
acquire the necessary easements over the affected properties to proceed with construction of the
sewer mains;
NOW, THEREFORE, BE IT RESOLVED, as follows:
I. The Town Board hereby authorizes Wallace & Wallace, LLP, Attorneys to the
Town, to prepare the documents necessary to commence proceedings to acquire easements
pursuant to the Eminent Domain Proceedings Law of the State of New York and pursuant to
Town Law §64(2).
2. The Town Board hereby authorizes the Engineers to the Town CPL to prepare all
necessary takings maps and any other documents necessary to assist the Attorney to the Town
with respect to the eminent domain proceedings.
3. The Attorney to the Town is authorized to consult with the assessor and make an
offer of settlement to all property owners pursuant to the Eminent Domain Proceedings Law, for
the appraised value of the easement or fee title to be appropriated.
4. The Supervisor, the Attorney to the Town, and the Engineers to the Town are
authorized to negotiate on behalf of the Town and the Wildwood Sewer District for the
acquisition of the necessary easements.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella
ABSENT: Christopher Phillips
Dated: Wappingers Falls, New York
7/24/2023
The Resolution is hereby duly declared Adopted.
JOSFPIJ P. PAOLONI, TOWN CLERK