2010-1942010-194
Resolution Requesting Special Legislation to Authorize Formation of an Article 12 Sewer
District
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 May 10,
2010.
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
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, by Resolution 2009-240, adopted on July 13, 2009, the Town Board
requested special legislation to authorize the creation of a Sewer District out of several Sewer
Improvement Areas previously formed; and
WHEREAS, the primary purpose of the special legislation is to create a Sewer District
out of the several Improvement Areas that are hydraulically connected to the Tri -Municipal
Sewer Plant in the Town of Poughkeepsie; and
WHEREAS, the Tri -Municipal Sewer Commission has advised the Town that it would
be undertaking various capital improvements to the Tri -Municipal Sewer Plant and that the
Town would be responsible to contribute its pro rata share of the cost of such improvements; and
WHEREAS, in 1991, the Town caused the formation of the Wappinger Sewer
Transmission Treatment Improvement Area Phase 1 and Phase 2 (WST/TIA 1 & 2) pursuant to
Article 12-c of the Town Law; and
WHEREAS, Phase 1 of WST/TIA was the area previously served by the Central
Wappinger Sewer Improvement Area No. 1 (Sewer 1); and
WHEREAS, Phase 2 was the area previously served by the Rockingham Farms Sewer
District (Rockingham), which was dissolved in 1972; and
WHEREAS, the Town caused the formation of WST/TIA Phase 3A in 1999; and
WHEREAS, Phases 1, 2 and 3A are all hydraulically interconnected to the Tri -
Municipal Sewer Plant in the Town of Poughkeepsie; and
WHEREAS, WST/TIA Phases 1, 2 and 3A were all formed pursuant to Article 12-c of
the Town Law; and
WHEREAS, to fund the capital projects at the Tri -Municipal Sewer Plant, a new Article
12-c Improvement Area will have to be formed to issue the serial bonds necessary to pay for the
costs of the improvements; and
WHEREAS, the Town Board has determined that it would be more cost efficient to
convert the Phases 1, 2 and 3A Improvement Areas, and any associated tenants, into an Article
12 Sewer District.
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. The Town of Wappinger has previously caused the formation of WST/TIA Phases
1, 2 and 3A which provides sewer services to the various parcels located within
the defined jurisdictional limits of WST/TIA 1, 2 and 3A.
3. The Town Board of the Town of Wappinger hereby requests that Special
Legislation be introduced for adoption by the New York State Legislature,
through its elected representatives, the Hon. Stephen M. Saland, Senator, and the
Hon. Joel Miller, Assemblyman, to consolidate the above mentioned Sewer
Improvement Areas (including any tenants thereto) into one Sewer District with
all the powers applicable to Sewer Districts as set forth in New York State Town
Law Article 12.
4. The Town Board further authorizes and directs Supervisor Christopher J. Colsey,
Engineer to the Town, Robert J. Gray, Attorney to the Town, Albert P. Roberts,
Bond Counsel to the Town, Douglas Goodfriend and Sewer Coordinator, Michael
Tremper to take whatever steps are necessary to implement this Resolution
including the drafting of proposed legislation for introduction and adoption by the
New York State Legislature and to provide such other information and back up
and/or source materials as may be necessary to have the legislation adopted by the
New York State Legislature.
5. Once drafted, the legislation will be re -submitted to the Town Board for final
approval and authorization prior to submission to the Legislature for adoption.
6. The Town Clerk is directed to send a certified copy of this Resolution to the Hon.
Stephen M. Saland, Senator, and Hon. Joel Miller, Assemblyman, as soon as
practicable after the adoption of this Resolution.
7. This Resolution supersedes any inconsistent provisions of Resolution 2009-240,
adopted on July 13, 2009.
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
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
5/10/2010
The Resolution is hereby duly declared adopted.
J?HN C. MASTERSON, TOWN CLERK
TOWN CLERK
Chris Masterson
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
W WW.TOWNOFWAPPINGER.US
(845) 297-4158 - Main
(845) 297-5771 - Direct
(845) 298-1478 — Fax
May 13, 2010
TOWN OF WAPPINGER
Office of the Town Clerk
Hon. Stephen M. Saland, Senator
3 Neptune Road
Poughkeepsie, NY 12601
Dear Senator Saland:
TOWN SUPERVISOR
Christopher J. Colsey
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
Enclosed is a certified Resolution that was adopted by the Town Board of the
Town of Wappinger Requesting Legislation to Authorize Formation of an
Article 12 Sewer District.
Sincerely
Jo n C. Masterson
Town Clerk
JCM/cf
enclosure
TOWN CLERK
Chris Masterson
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
W W W.TOWNOFW APPINGER.US
(845) 297-4158 -Main
(845) 297-5771 - Direct
(845) 298-1478 — Fax
May 13, 2010
TOWN OF WAPPINGER
Office of the Town Clerk
Hon. Stephen M. Saland, Senator
3 Neptune Road
Poughkeepsie, NY 12601
Dear Senator Saland:
TOWN SUPERVISOR
Christopher J. Colsey
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
Enclosed is a certified Resolution that was adopted by the Town Board of the
Town of Wappinger Requesting Legislation to Authorize Formation of an
Article 12 Sewer District.
Sincerely
J
Jo n C. Masterson
Town Clerk
JCM/cf
enclosure
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
*ADMITTEDTOPRACTICE
IN NY & FLA.
**ADMITTED TO PRACTICE
IN NY & CONN.
*** ADMITTED TO PRACTICE
IN NY & NJ
****ADMITTED TO PRACTICE
IN NY, FL & MA
Senator Stephen M. Saland
3 Neptune Road
Suite A19B
Poughkeepsie, NY 12601
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
Assemblyman Joel M. Miller
3 Neptune Road
Suite A19E
Poughkeepsie, NY 12601
(845)298-2000
FAX (845) 298-2842
www.vsrp.com
e-mail: info@vsrp.com
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR:
MARIA JONES
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)452-1046
NEWBURGH OFFICE
372 FULLERTON AVENUE
NEWBURGH, NY 12550
(845)567-3783
May 14, 2010 FTOWN
U-u�%�D
FWAppINGER
N CLERK
Re: Town of Wappinger
Special Legislation
Conversion of Sewer Improvement Areas into Article 12 District
Dear Senator Saland and Assemblyman Miller:
I enclose herewith for each of you a Certified Copy of a Resolution adopted by the Town
Board of the Town Wappinger requesting Special Legislation to convert certain
improvement areas created pursuant to Article 12c of the Town Law into one contiguous
sewer district pursuant to Article 12 of the Town Law.
Douglas Goodfriend, Esq., of Orrick, the Town's Bond Counsel, in consultation with me,
has drafted the proposed legislation which will be finalized and submitted to you on
Tuesday May 18th.
I have been advised that the last date to submit requests for Special Legislation is May
25. If any further information is required of this office please contact me.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERT P. ROBERTS
APR/cs
Enc.
Cc: Hon. John C. Masterson, Town Clerk
Town Board
Honorable Christopher J. Colsey
Douglas Goodfriend, Esq.
Robert Gray
Michael Tremper
David H. Stolman