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2023-1532023-153 In The Matter Of The Increase And Improvement Of The Facilities Of The United Wappinger Sewer District, In The Town Of Wappinger, Dutchess County, New York (Tri - Municipal Sludge Digestion Upgrades) At a Special 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 November 9, 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 -2023-153 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Richard Thurston Voter ❑ ❑ ❑ Q ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilwoman Bettina. WHEREAS, the Tri -Municipal Sewer Commission directed its engineers to prepare a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plan, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $814,016; and WHEREAS, the Town Board has received and reviewed the map, plan and report prepared by C.T. Male Associates dated February 15, 2023, and the Town Board finds that it complies with the requirements of Article 12 of the Town Law; and WHEREAS, the Tri -Municipal Sewer Commission and the Town of Wappinger has applied for certain grants in aid to reduce the costs of construction; and WHEREAS, the Town Board determines that the capital project is a Type II Action pursuant to 6 NYCRR § 617.5(c)(2) as it is the replacement, rehabilitation or reconstruction of facility, in kind, on the same site and as such is not subject to review under the State Environmental Quality Review Act ("SEQRA"); and WHEREAS, the Town Board previously held a public hearing on May 22, 2023, but the public hearing notice was not published in a timely manner so an additional public hearing shall be held to comply with the requirements of New York Law; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. The Town Board hereby determines that the capital project is a Type II Action pursuant to 6 NYCRR § 617.5(c)(2) as it is the replacement, rehabilitation or reconstruction of facility, in kind, on the same site and as such is not subject to review under the State Environmental Quality Review Act ("SEQRA"). 2. A public hearing will be held in the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on November 13, 2023, at 7:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. 3. The Town Board hereby ratifies and approves the Notice of Public Hearing that the Town Clerk published once in the official newspapers, the Poughkeepsie Journal and Southern Dutchess News on November 1, 2023, and also caused to be posted a copy thereof on the sign board of the Town, such publication and posting being made not less than ten, nor more than twenty, days before the date designated for the hearing. 4. The notice of public hearing was in substantially the form attached hereto as Exhibit A and hereby made a part hereof. 5. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella ABSENT: Richard Thurston Dated: Wappingers Falls, New York 11/9/2023 The Resolution is hereby duly declared Adopted. JOSEP14 P. PAOLONI, TOWN CLERK