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UWSD Orrick #42305-2-640 ORRICK February 26, 2013 VIA E-MAIL (aroberts@vsrp.com; aroberts@srddlaw.com) Albert P. Roberts, Esq. Stenger, Roberts, Davis & Diamond LLP 1136 Old Route 9 Wappingers Falls, New York 12590 ORRICK, HERRINGTON & SUTCLIFFE ~La S1 WEST 52ND STREET NEW YORK, NY 10019.6142 te! 21T-506-5000 fax 212-506-5151 WWW.ORRICK.COM Douglas E. Goodfriend (212) 506-5211 (Direct Dial) dgoodf riendC~orrick. com Re: Town of Wappinger, Dutchess County, New York United Wappinger Sewer District -Additional $190,000 (202-b) Orrick File: 42305-2-64 Dear Al: In accordance with your recent request, we enclose herewith a form of Order Calling a Public Hearing with respect to the increase and improvement of the facilities of the United Wappinger Sewer District, for your use at the next meeting of the Town Board. Please see that this order is adopted by at least a majority vote of the entire voting strength of the Town Board and that the notice of the public hearing, a form of which I enclose herewith for your convenience, is published once in the newspaper specified in the order and posted on the Town Clerk's signboard, such posting and publication to be made not less than ten nor more than twenty days prior to the date of the meeting. When available kindly return to me a certified copy of the enclosed proceedings, an original printer's affidavit of publication of the legal notice of the hearing and the Town Clerk's affidavit of posting of the same with a copy of the notice as posted attached. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/vmo Enclosure 753204579.1 cc: Ms. Christine Fulton vie a-mail (cfulton@townofwappinger.us) • , 2013-133 Order Calling Public Hearing 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 (Additional Costs) At a regulaz 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 13, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Bazbaza Gutzler Councihnembers - William H. Beale (arrived at 7:59 PM) Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Kuzmicz. WHEREAS, pursuant to proceedings heretofore had and taken by the Town Boazd of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of Section 202-b of the Town Law, it has been determined to be in the public interest to provide for a certain increase and improvement of the facilities of United Wappinger Sewer District, at a maximum estimated cost of $385,000; and WHEREAS, such increase and improvement of the facilities of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, consists of the District's shaze of the cost of improvements to the Wappingers Creek Pump Station located at the corner of Mazket Street and Franklindale Avenue in the Village of Wappingers Falls, a facility of Tri- Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, as fizrther described in a map, plan and report by a competent engineer, which is on file in the office of the Town Clerk of such Town where it may be inspected during normal business hours; and WHEREAS, in order to complete the improvements to the aforesaid facilities, it will be necessary to expend the sum of $580,000, an increase of $195,000 over that previously authorized; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing on the question of authorizing such increase and improvement of facilities at a revised maximum estimated cost of $580,000; NOW, THEREFORE, IT IS HEREBYORDERED, by the Town Boazd of the Town of • ~ ~ I Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, in Wappingers Falls, New York, in said Town, on the 10th day of June 2013, at 7:30 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of United Wappinger Sewer District in the manner described in the preambles hereof, and to heaz all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper designated for this purpose, and also to cause a copy thereof to be posted on the sign boazd of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 5/13/2013 The Resolution is hereby duly declared adopted. STINE FUL N, TOWN CLERK EXHIBIT A NOTICE OF PUBLI HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet at the Town Hall, in Wappingers Falls, New York, in said Town, on the 10th day of June 2013, at 7:30pm, o'clock Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report including a revised estimate of cost prepared in relation to the proposed increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappingers Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, a facility of Tri-Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement of the facilities of United Wappinger Sewer District in the Town is $580,000, an increase of $195,000 over the $385,000 previously authorized in connection therewith. The project has been determined to be a "Type II Action" for purposes of the State Environmental Quality Review Act, which as proposed, it has been determined will not result in a significant environmental effect in •accordance with the regulations promulgated.thereunder. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Wappingers Falls, New York, May 20, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Town Clerk STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York (the "Issuer"), DO HEREBY CERTIFY: 1) That a meeting of the Issuer was duly called, held and conducted on the 13th day of May, 2013. 2) That such meeting was a special a ula (circle one) meeting. 3) That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Boazd of the Issuer. 4) That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Boazd. 5) That all members of the Boazd of the Issuer had due notice of said meeting. 6) That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7) That notice of said meeting (the meeting at which the proceeding was adopted) was caused to be given PRIOR THERETO in the following manner: PUBLICATION Poughkeepsie Journal - 01/07/2013 Southern Dutchess News - 01/07/2013 POSTING Town Hall Sign Board - 01/07/2013 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 20th day of May, 2013. Town Clerk (~ ORPORATrr SEAL) EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet at the Town Hall, in Wappingers Falls, New York, in said Town, on the 10th day of June 2013, at 7:30pm, o'clock Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report including a revised estimate of cost prepared in relation to the proposed increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappingers Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, a facility of Tri-Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement of the facilities of United Wappinger Sewer District in the Town is $580,000, an increase of $195,000 over the $385,000 previously authorized in connection therewith. The project has been determined to be a "Type II Action" for purposes of the State Environmental Quality Review Act, which as proposed, it has been determined will not result in a significant environmental effect in accordance with the regulations promulgated thereunder. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Wappingers Falls, New York, May 20, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Town Clerk ~ 1 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DEPOSE AND SAY: That on the 29 day of May 2013, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public Hearing, which Notice is part of an Order duly adopted by the Town Board on the 13th day of May, 2013. A true and correct copy of such Notice is attached hereto and made a part hereof. Town Clerk Subscribed and sworn to before me this 1 day of July, 2013. N ary Public BARBARA L. ROBERTI Notary Public, State of New York Re;: No. O1R06130341 12utcbess Couaty My Co®missioa E:pares July 18, 2013 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #88384 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 029/13. ~ Sworn to bef Notary Public% State of NEW YOB No. O1HY6221990 Qualified in DUTCHESS County My commission expires on June 14; G~L~~~'~ i~,f'j~ D MAY2~2013 TOVloN ~:~ ~ '~'~ ~~, i=l }~~ iV G ER T~`~a~;~~ ~'~_FR~ 7.014 EXHIBITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger,_Dutchess County,, Newyork, will meet attheTown Hall<< i~nWa ems; 4,:,n paj~ •6J.0 fo 'sib 'Oll $2~3Nladd , SS3NISf18 1NIOdlldOadfo UOI~EUJJO j j0 EYJI~ON •~(}!npaE In~nne ~(ue :asodJnd •panias aq ~(ew ssaooJc woynn uodn }ua6e pa~ats!6aJ ayt'LOZZ l JlN `Xuegld '3aaJtc ate 08 `~(uedu~oC ao!nJaS uo!teJOc -~00 :ot ssaooJd yeu IIEys ANSS 'Pa~`- aq stew 3! ~suie6e ssaoo~rd uaoynn uodr O~~ fo~ua6e se pa~e~ -6tsap JINSS '~uno~ ssayptna. :uo!a -eool ~I~10 'E ~/tiZ/t uo (JINSS) JlN fo a3e3S ~ ~aS yl!M pe{~'~-0fo''~"1"I 'l(Jall!;s!Q ~ooJ411!W fo uo!teuuod foao!loN •sa!~n!~e1ryN-e ~(ue :asodmd '~6Z9ZL JlN 'll!~ly~l~ `peon anolO bL 'uostEM •_ otssaoo~d fo~dool!Eu NE4S JINSS 'paNa` s~aaotd woynn uodr ,Southern Dutchess News 84 East Main Street Wappingers Falls, NY 12590 (845) 297-3723 Fax (845) 297-6810 TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 INVOICE 05/23/13 Phone: 845-297-5771 Your sales representative is: Legal Ads Issue Dates Description Amount In Southern Dutchess News and Beacon Free Press: LEG: LEGALS 05/29/13 Legal Notice - 91 Lines $ 36.86 #88384 PUB HRG 6/10 SEWER IMPROVE 0.00 Affidavit Charge 25.00 (Ad #88384) TOTAL CHARGES ----------> $ 61.86 ~D MAY ,~ 9 ZO73 T ~ w~ ~'r~ ~,e ~; a~ ~i i^v~',' ~~VII~~ ~~~„~~~ ~R ~Ol~N OF WAPPINGER, NY ~O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PUR{~ASE ORDER & VOUCHER .~ r °~M,~I-5 S0~-IERN DUTCHES~ NEIN6 NAME AND ~. EAST MAIN BTFiE~T AD°~~WAP~IGERS FALLB, NY 1~>~9~ Purchase Order No. ~ 1 DO NOT WR/TE IN TH/S BOX Date Vtwdter Received FUND -APPROPRIATION AMOUNT ~.~ TOTAL ABSTRACT NO. VENDOR'S ~ , =RMS REF.NO. ~ DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT ~~.~~z~~i3 "L~6-A ~s; ~$.~ $3 Pr~B ~I c Hsi-~~~c~ ~~~n S~o~c~~~-r gi9eev (/ Sb ~S8"3~~-f f~ t~ N s4~~- Im(~~~. ~ ~Oi ~o f I I I I I TOTAL • I I la3, ~~ ~ ~. ~ ~ >v ~ ~ ~~b u ~- ~- ~ert~,~ p,atn,e above a¢grnl%m pie an,~rnt o<s / a ~, 7a- 6 True and correct: p~ai pre items, services. and d'abursemenls dwfped were rendered b or for pie muniape{ity on pie dales staled: that ro part has been paid or satisfied: that faxes, trorn which the murdopafily a ocertyled, are rat included: and that the amount dartned a acbrapy due DATE SIGN TURF TITLE DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE ~ AUTHORIZED OFFICIAL I I DATE COMPTROLLER ~ough~eep.~ie .~ournat Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION EXN~IT A NEARING ~ NOTICE IS FfEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess county, New York, will meet at the Town Nall, ~, in Wappingers Falls, New York, is saki Town, on ire 10th daY of tune 2013, at 7:30pm, o'clock Prevailing Time, for the purpose of conducting a public hearing upon a certain- map, plan and report including a re- vised estimate of cost nreoared In relation to ' the ' ' `r,° ers Tri• ~7 ~ ~ Col orq L'~ -~ C~~ ,-.,,~ 6.:e, eq1 apl rte., _ r c~ N 1,..<,. nal iml __--_, ~7 ~t L I ~ ~ ~y i LIIE ~, ~ Z ml an _- ~ ~ ~ fay ___ ; th -_~ .. ., in t :._ °-- ~ 04 g"°~ vv 01 f- ~n'I _.~,_. ..~.. m -_ d~ Ebe Town of Wappinger, Dutchess County, New Yor~ consisting of the Distr ct's share of the cost of imp%veinge~rs to the WW pp Creek Pump Staffon lo- cated at the corner of Market Street and c~anlrlindale Avenue in a 6D,Vw y,orr ~,. razed in con- thas 'been to be a don" for pur-' e Smote Envi- pp~uality Re- rlllch as pro- les been de- dlf not result ,cant envlron- ect in ac~or- 4 the regula-~ promulgated wblic hearing n Board wl Petlle~st~tl ~reof. ~pingers Yorrkk.. IER OF~ THE QARD OF THE ~,~PPINGER„ . x. ~iwn dark 5627 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi. of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2013 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for ewe-}~se~fz}ems successively, in each week, commencing on the 29th day of May in the year of 2013 and on the following dates thereafter, namely on: And ending on the day of in they r of 2013 ,both days inclusive. _ , Subs abed and sworn to before me this ~p~ day of in the year of 2013_. ~ commission expires (~ `(( ~ U ~L I~MIry'nlbb. SfalMe YOt1t ~ S0 CbANlitaion Elq~ires JlMtwltry~4 X14 ~~~a,~,~ :awa J~OiA sij~Y w~:='~~ +cs "~]ttr~, ai!dka9 ~1/IOM >r~~ a`'~s?t0 tsidl 1~i(~~,yt1,i wwi,47fa~si't:~ 19i 19:a~i46;;J~ fi~r)r: k ~aE',iu?6l, t3~p(~x '; nr,t^:3M~M1~6.'~ P.O. Box 324, Middlebush Road oe r Order No. ' Wappingers Falls, N.Y. 12590 DO NOT WRITE /N THlS BOX ~ Oate Voucher Received PURCHASE ORDER & VOUCHER FUND -APPROPRIATION AMOUNT CLAIMANT'S NAME AND ADDRESS Poughkeepsie Jouranl L J TOTAL ABSTRACT NO. TERMS VENDOR'S REF.NO. OATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT ad # 3495625- legal 5625-smoking in town vehicle 5/29/2013 ad # 3495627- legal 5627- 5/29/2013 Hearing- United Wappinger Sewer Dist. ~, ~,. ~nr=' ` ,. Li -L~l L ~ ~ , ~, iil~ ~ U N ~~~~ :, ~~' . ~~ s. ~s t ~ ~~ TOTAL I Rita Lombardi is true and correct that the items, services, and disbursements municipality is exempted, are not included; and Ihal the amnunl 5/29/2013 DATE ~ 58 132 78 180 certify Thal the above account in the amount of $ .re rendered to or for the municipality on the dales staled; That no part has been paid or satisfied; Ihal taxes. Irom which the actually due ~ Principal Clerk SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL APPROVAL FOR PAYMENT The above services or materials were rendered Or Tnis claim is approved paid from the appropriations indicated above furnished to 'lie municipality on the dates stated and the II charges are correct DATE AUTHORIZED OFFICIAL DATE COMPTROLLER r + 4 ~ough~ee~,~ie .~ ournal.~om A GANNETT COMPANY CLASSIFIED ADVERTISING INVOICE P.O. BOX 1231 85 CIVIC CENTER PLAZA POUGHI~EPSIE, NY 12602 BUSINESS OFFICE: (845) 451-0557 BILL DATE 05/29/13 WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 TO PLACE A CLASSIFIED AD PLEASE CALL (845) 471-7355 AD NUMBER CLASS DESCRIPTION START DATE SIZE RUNS AMOUNT 0103495627 000 EXHIBIT ANOTICE OF P 05/29/13 80 1 38.80 0103495627 000 EXHIBIT ANOTICE OF P 05/29/13 80 1 0103495627 AFFIDAVIT CHARGE 05/29/13 40.00 -~ JUN ~~ ~%,•., _~ PHONE NUMBER 845-297-5771 1000 78.80 TERMS: PAYABLE UPON RECEIPT * TO ASSURE PROPER CREDIT, DETACH AND RETURN THIS PORTION WITH REMITTANCE Check payable to: THE POUGHKEEPSIE JOURNAL ^ Visa ^ Mastercard ^ American Express ^ Discover >; ::>:::> .>::: >:::<:::.:> :::: <:..:::<:::<:::»::: INVOICE 78.80 0103495627 05/29/13 relit ardNo. gnature xpiraUOn ont ear ^ PLEASE CHANGE MY ADDRESS AS INDICATED ON REVERSE ~1,034956270~~078801 WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 ~ou~hheep~ie .~ournal PO BOX 1629 BINGHAMTON, NY 13902-1629 8 4 5- 2 9 7- 5 7 71 10 0 0 ~oughhee~sie .~ ournal 85 CIVIC CENTER PLAZA POUGHI~EPSIE,NV 12602 BUSINESS OFFICE: (845)451-0557 y ~~ 1 CERTIFICATION STATE OF NEW YORK ) ss.: COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the 24th day of June, 2013. 2. That such meeting was a special egular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting (the meeting at which the proceeding was adopted) was given PRIOR THERETO in the following manner: PUBLICATION (here insert newspaper(s) and date(s) of publication) Poughkeepsie Journal - 01/07/2013 Southern Dutchess News - 01/07/2013 POSTING (here insert place(s) and date(s) of posting) Town Hall Sign Board - 01/07/2013 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 1st day of July, 2013. Town Clerk (CORPORATE SEAL) v I,~,.> ~~~c ~~~~~ fir ~ ~~ ~ ~~~(~ , ,v ~. 2013-165 BOCK PG l In the Matter of Increase and Improvement of Facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York (Additional Cost) At a regulaz 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 24, 2013. The meeting was called to order by Bazbaza Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale - - ____ _ Vincent F. Bettina Ismay Czarnieck~ Michael Kuzmic~ ~ c-~ ABSENT: ~ ~xm N rn N v~'y The following Resolution was introduced by Councilwoman Czarniecki and seconde~'byo ~~ Councilman Beale. ~, r'~z .. rn-, WHEREAS, by Order dated December 10, 2012, the Town Board of the Tov m of Wappinger, Dutchess County, New York, authorized an increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek •~ ~ Pump Station located at the corner of Mazket Street and Franklindale Avenue in the Village of ~-, r Wappingers Falls, New York, a facility of Tri-Municipal Sewer Commission, including original !~ ~ furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $385,000; and ~:~ WHEREAS, by Order dated May 13, 2013, said Town Boazd called a public hearing on the question of the increase in the maximum estimated cost of said project from $385,000 to .,, $580,000, an increase of $195,000; and WHEREAS, notice of said public hearing was duly published and posted in the manner and within the time provided by law and such public hearing was duly held at the time and place specified in said notice at which all persons interested in the subject matter thereof were duly v heard; and WHEREAS, said Town Boazd has duly considered the evidence given at said public heazing; NOW, THEREFORE, BE IT ORDERED, by the Town Boazd of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found ' and determined that it is necessary and in the public interest to increase and improve the facilities of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, in . the manner described in the a les hero at new m estimated cost of $580,000, and said increase and improv thc~~id t !~ S ~~ ?MR~,1'J BOOKS PGJ,~O_,~ Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE COUNCILWOMAN ISMAY CZARNIECKI Voting: AYE , MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/24/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK STATE OF NEW YORK, COUNTY OF DUTCHESS, T ss.: TOWN OF WAPPINGER ) I, CHRISTINE FULTON, T on 2013165 Toln heaMatter of Increaseerandthlmprovement rofthFacilities for goin co y of Resoluti o~ Un~te~ Wappinger Sewer District in the Town of Wappinger, Dutchess County, New Yor (Additional Cost) with the original record thereof now remaining on file or of record in the office and have found the same to be correct transcript therefrom and the whole of such original record. TN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my 1st da of -July 20 13 seal of office, this Y ~~/,~L-(~f'~~-h ,Town Clerk By ~~ ~COUN~ CLEF~(5 ~p~f~'.E ~1 iiwi 800K - g, ~~~i~~. G .c~~c ~ Deputy Clerk IEND OF DOCUMENT • 2013-164 A Resolution Authorizing the Issuance of an Additional $195,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay Part of the Cost of the Increase and Improvement of the Facilities of United Wappinger Sewer District in Said Town 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 24, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, on December 10, 2012, duly adopted a bond resolution authorizing the issuance of $385,000 serial bonds of said Town to pay the cost of the increase and improvement of United Wappinger Sewer District, in and for the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the comer of Market Street and Franklindale Avenue in the Village of Wappingers Falls, New York, a facility of the Tri-Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, and WHEREAS, it has now been determined that the maximum estimated cost of such specific object or purpose is $580,000, an increase of $195,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $195,000 bonds of said Town for such specific object or purpose to pay a portion of the cost thereof; NOW, THEREFORE,BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the increase and improvement of United Wappinger Sewer District, in said Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, a facility of Tri-Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $195,000 bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $580,000, and that the plan for the financing thereof is as follows: a) by the issuance of the $385,000 bonds of said Town authorized to be Issued pursuant to bond resolution dated and duly adopted December 10, 2012; and b)by the issuance of the additional $195,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligation to be issued for said specific object or purpose. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. To the extent not paid from monies raised from said United Wappinger Sewer District, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor. Such notes shall. be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. ection 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the dale, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and.alsothe ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, in such officer's discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,and an action, suit or proceeding contesting such validity is commenced within twenty days after the • date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.04 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/24/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK CERTIFICATION STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the 24th day of June, 2013. 2. That such meeting was a special a ular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting (the meeting at which the proceeding was adopted) was given PRIOR THERETO in the following manner: PUBLICATION (here insert newspaper(s) and date(s) of publication) Poughkeepsie Journal - 01/07/2013 Southern Dutchess News - 01/07/2013 POSTING (here insert place(s) and date(s) of posting) Town Hall Sign Board - 01/07/2013 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 1st day of July, 2013. Town Clerk (CORPORATE SEAL) LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on June 24, 2013, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Wappinger, Dutchess County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated: Wappingers Falls, New York, July 1, 2013. Town Clerk BOND RESOLUTION DATED JUNE 24, 2013. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $195,000 BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF UNITED WAPPINGER SEWER DISTRICT IN SAID TOWN. Specific object or purpose: Increase and improvement of United Wappinger Sewer District (the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, a facility of Tri-Municipal Sewer Commission) Period of probable usefulness: Amount of obligations to be issued: New maximum estimated cost: SEQRA Status: 40 years Additional $195,000 bonds $580,000 Type II Action ~ough~eepsie Journal Poughkeepsie, N.Y. A ~ ~1T ~° ~ a l~ierewith, n~ ado~ted_on lanai oon may cor-teshd obligat rued. for ~..... purpo~ f'r Town of Dutchess York, is n rni: wane ~,t~ substaMialty complied with, and an action, suit or proceediny coMest• ing such validity i3 com- menced within twee dayys after the date ofd ppublication of this no-~ tice, or such obligations were authorized n vio- lation of the pprrovisions of the ConstKutlon. A complete ~Py of the resolution summarized herewith is available for{ regularinbus t~iaur~s! at the Office of the'. Town Clerk for a period of twenty days from the date of publication of this Notice. Dated:Wappingers Falls, New York, miy >., 2oa.3. OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2013 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 3rd. day of July in the year of 2013 and on the following dates thereafter, namely on: Clerk RESOLUTION JIAIE Z4, 2b13: soumoN auTMO= 3 THE ISSUANCE AN ADDTFif~Wl 100 BONDS t?r~` THE I OF WAPPINGER, iESS COUNTY, YORK, TO PAY OF THE COST OF ENMC~ E ~ D tNl- SIN iSER ~ iCT IN SAID flc object or pur- Increase end im- meM bi United ~inget Sewer Dis- {dye District's of the bn-' emer~ts r ` Sta.i cer- of Nluilet ;treat fn ken vet eingers falls,. ~ of 7n-Man missioN le use- !SS: ~ur~t be issu ` 1,000 bonds ~• e on 7432 I~(~~f~~Mf~n ~-o- v JUL 11 2013 TOwn~ r~FQ ~ And ending on the day of in the ye r of 2013 ,both days inclusive-~~ ~/~~~ Sub rib d and sworn to before me this ~ day of in the year c~',2013_ My commission expires POSE ANN SIMF'SON Notary Punic, State of New York No.01St6215893 , CoFty ssio~ft Ezp es Janua y 4 2014 CLASSIFIED ~ough~eep.~ie .~ ournal.~om A GANNETT COMPANY ADVERTISING INVOICE P.O. DOX 1231 85 CIVIC CENTER PLAZA POUGHI~EPSIE, NY 126!71 BUSINESS OFFICE: (845) 451-0557 BILL DATE 07/03/13 TOWN OF WAPPINGER 20 MIDDLEBUSH RD OFC WAPPINGERS FALLS NY 12590-4004 TO PLACE A CLASSIFIED AD PLEASE CALL (845) 471-7355 AD NUMBER CLASS DESCRIPTION START DATE SIZE RUNS AMOUNT 0103507431 000 NOTICE OF COMPLETION 07/03/13 25 1 12.13 0103507431 000 NOTICE OF COMPLETION 07/03/13 25 1 0103507431 AFFIDAVIT CHARGE 07/03/13 20.00 [~[~C~f~OM~D PHONE NUMBER 845-297-8275 82 I~ JUL 1 12013 TOWN OF WAPPINGER. TOW~~ CLERK 32.13 TERMS: PAYABLE UPON RECEIPT " TO ASSURE PROPER CREDIT, DETACH AND RETURN THIS PORTION WITH REMITTANCE Check payable to: THE POUGHKEEPSIE JOURNAL ^ vsa ^ Mastercard ^ American Express ^ Discover 32.13 0103507431 07/03/13 CreditCardNo. igneture xpvation ont ear PLEASE CHANGE MY ADDRESS AS INDICATED ON REVERSE ~1~3507431~00~32136 TOWN OF WAPPINGER 20 MIDDLEBUSH RD OFC WAPPINGERS FALLS NY 12590-4004 INVOICE ~oughheepuie Journal PO BOX 1629 BINGHAMTON, NY 13902-1629 8 4 5- 2 9 7- 8 2 7 5 s 2 ~oughhee~uie ~ ournal P.O. BOX 1231 85 CIV[C CENTER PLAZA POUG[-B.'EEPSIE, NY 12602 BUSINESS OFFICE: (845)451-0557 P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ®RDER & VOUCHER CLAIMANT'S NAME AND ADDRESS L TERMS Poughkeepsie. Journal uroerrvo. DO NOT WRITE IN THlS BOX Dale blucher Received FUND -APPROPRIATION ~ AMOUNT I J ABSTRACT NO. VENDOR'S REF.NO. TOTAL DATES I I QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT ad # 3507474- legal 7474- 7/3/2013 ' Bond Resolution - $500,000. Drainage-Wildwood Dr. and. Granger Place 159 80 ad # 3507431- legal 7431- Assessment roll ~ ~ 32 13 ad # 3507432= legal 7432-Bond Resolution II I II 81 !71 $195,000.United Wapp. Sewer JUL 11 2Q13 TQWN OF WAPPINGER, TOWN CLERK TOTAL ,. is True and correct; 1 a1 c ire_ms, services, and disbursements charged w rendered to or for the municipallly ron the dalesbslaled; hat no paA has beenfpaid or satisfied; That taxes, Irom which the municipality is exempted, are not included; and Thal the amnunl claimed ' • ctually due ~,~~~n~ ~ ~_ Principal Clerk DATE SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to `ile municipality on the dates stated and the charges are correct ~ /d~i3 DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 LEGAL NOTICE OF 24, 2013. ESTOPPEL A RESOLUTION AU- Affidavit of Publication Thebondresolution,a summary of which is THORIZING THE IS- SUANCE OFANAD- published herewith, DITIONAL $195,000 To : TOWN OF WAPPINGERS FALLS has been adopted on BONDS OF THE C/O TOWN CLERKS OFFICE June24,2013,andthe TOWN OF WAP- 2 0 MIDDLEBUSH RD . valid' of the o a P I N G E R WAPPINGERS FALLS, NY 12590 bons uthorizedb Y , D U T C H E S S such resolution may COUNTY, NEW Re : Legal notice #88515 be hereafter .con- testedonlyifsuchob- YORK, TO PAY_ PART OF THE COST OF liigationswereauthor- THEINCREASEAND State o f NEW YORK ized ftu an objecct of Ilu1PROVEMENT 4F S S : f r~„whieh the purpo;~e ~'HE Ff0.~#T1ES~ County of DUTCHESS ~ aCou ~ I Dutchess n ty, p N GER SEWER I, CYNTHIA MCDONALD, being duly sworn, depose New York, is not au-. thorized to expend. .DISTRICT IN SAID 'TOWN and say: that I am the Publisher's . money,-oriftheprovi- . Specific obJect or Representative of Southern Dutchess News, a sions of .law which purpose: Increase weekly newspaper of general circulation should have been , and improvement of published in WAPPINGERS FALLS, County of compliedwithasofthe United Weppinger DUTCHESS, State of NEW YORK; and that a date of publication of Sewer. District (the notice, of which the annexed is a printed this notice were not DistricYssharaofthe copy, was duly published in Southern Dutchess substantially com- plied with and an ao- costofimprovements News once on 0 7 / 10 / 13 . , tion, suit or proceed- to the Wappinger Creek Pump Station _ ing ..contesting -such I~tedatthecomerof val~ityiscommenced Market Street and within twenty days af- Franklindale Avenue terthedateofpublica- in the Vllage of Wap- Sworn to before m his 10th day of July, 2013 tion of this notice, or pingersFalls,afacility such obligationswen3 of Tri-Municipal ~ ~ authorizedinviolati©n SeWerCommission) _ oftheprovisionsofthe perid-d of probable NANO YD E Constitution. ~ usefulness:40years Notary Publi State of NEW YORK Acompletecopyafthe~ Amount Of obiiga- No. O1HY6221990 resolution summa- tbns_to be issued: Qualified in DUTCHESS County rizedherewithisevail= Add;tional $185,000 My commission expires cr. Junc 14 , 2 014 able for pu#Iic Inspec- tion during regular "bonds New ma~cimum esti- business hours at the mated cost: Office of the Town $580,000 Clerk for a period of SEQRAStatus: twenty days from. the Type If Action date of publication. of this Notice. Dated: Wappingers Falls, Newyork, - Juty 1,.2013. Town Clerk BOND RESOLU- T101~ DATED JUNE TO1tTl OF WAPPINGER, NY ~ od~o. • ~O. Box 324, Middlebush Road DO NOT WRITE IN THIS BOX 1Nappingers Falls, N.Y. 12590 Dale Vtwdter Received PURt~IASE ORDER & VOUCHER FUND -APPROPRIATION AMOUNT .' CU41MANr5 SO~li~--ERN DUTCHESa NEW6 NAME AND ~. EAST M,4f N BT~E~T . "°D'~~WAPP~IGERS F~LLB, NY i~~~9 TOTAL L J ABSTRACT NO. • VENDOR'S =RMS REF.NO. ~ DATES OUANTITY DESCRIPTION OF MA7i=RLSLS OR SERVICES UNIT PRICE AMOUNT 7~iv~ i~ ~L~6AL~: $`65x5 ti1o~C~ ~S-ro~P~f.(, I3aND 2ti5 ~Da 8'~' S1 !o BoN~ ~~ - coal sT-2 ri>~ sN ~ 6 ~ . rn (~~1-`~ ~4' qc j~ $ z(, ` TOTAL ~t~9.17 I. a ~ ~~ ~1~ y ~cl ~ ~ certify Ihal the above accvuM-in the amount o(S -- ~ ~/ / • , is 4ve and ooneQ Cia¢ the items, services, and disbursemenLS cfiarged were (ordered b or for dle munidpeliry on the dates slated: Ihal no part has been paid or satisfied; that !axes, lnxn whidt the municipality a exempted. are not irXiuded; and that the amount dairred'es adualiy due DATE SI NATURE TITLE DEPARTMENT APPROVAL APPROVAL FOR PAYMENT The above services or materials were rendered or This daim is approved paid from the appropriations indicated above furnished to the municipality on the dates stated and the charges are correct HATE AIrTHnRl7FnnFFIC1Al DATE rnnwTRnf l co Southern Dutchess News INVOICE 07/03/13 84 East Main Street Wappingers Falls, NY 12590 (845) 297-3723 Fax (845) 297-6810 TOWN OF WAPPINGERS FALLS Phone: 845-297-5771 C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. Your sales representative is: WAPPINGERS FALLS, NY 12590 Legal Ads Issue Dates Description Amount In Southern Dutchess News and Beacon Free Press: LEG: LEGALS 07/10/13 Legal Notice - 101 Lines $ 40.91 #88515 NTC ESTOP ADOPT 6/24 BOND 0.00 Affidavit Charge - 2 50.00 TOTAL CHARGES ----------> $ 90.91 (Ad #88515) LTll~V~ l~~ `/ ~l~J JUL 11 2013 TOWN OF WAPPINGER. TOWN CLERK ~~ ~I~ ~ /~( >~_ ~, i i' ) 0 ORRICK ORRICK, HERRINGTON & SUTCLIFFE LLP 51 WEST 52ND STREET NEW YORK, NY 10019.6142 te! 212-506-5000 Jax 212-506-5151 WWW.ORRICK.COM tune 10, 2013 Douglas E. Goodfriend (212) 506-5211 (Direct Dial) dgoodf riendC~orrick. com VIA E-MAIL (aroberts ,vsrp.com; arobertsnasrddlaw.com) Al Roberts, Esq. Town Attorney Stenger, Roberts, Davis & Diamond LLP 1136 Old Route 9 Wappingers Falls, New York 12590 Re: Town of Wappinger, Dutchess County, New York United Wappinger Sewer District -Pump Station Project . Increase and Improvement of Facilities - $195,000 Bonds Orrick File: 42305-2-64 Dear Al: We are in receipt of your correspondence dated May 20 and received in our offices on May 24 with enclosures, which were in proper form. When convenient, please forward to us the Affidavit of Posting in connection with this matter. Enclosed herewith please fmd the following for use now that the public hearing process is completed. 1. Form of Order determining the project to be in the public interest; within ten days of adoption (by a simple majority vote) a certified copy should be recorded with the County Clerk. 2. Form of bond resolution for adoption by the affirmative vote of at least four of the five members of the Town Board. 3. Form for the publication of the Legal Notice of estoppel. When available please return the following: a) Certified copy of the Public Interest Order; b) c) d) e) Proof of recording of the Public Interest Order in the County Clerk's office; Certified copy of the Bond Resolution; iginal printer's affidavit of publication of the Legal Notice of estoppel; Original printer's affidavit of of Public are on their Please do not hesitate to call if you have any questions. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/vmo Enclosures cc: Ms. Christine Fulton vie a-mail (cfulton@townofwappinger.us) 753909190.0 l understand ~'".~ '~ 2013-165 In the Matter of Increase and Improvement of Facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York (Additional Cost) At a regulaz meeting of the Town Boazd of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 24, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers - Bazbaza Gutzler - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Beale. WHEREAS, by Order dated December 10, 2012, the Town Boazd of the Town of Wappinger, Dutchess County, New York, authorized an increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the corner of Mazket Street and Franklindale Avenue in the Village of Wappingers Falls, New York, a facility of Tri-Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $385,000; and WHEREAS, by Order dated May 13, 2013, said Town Board called a public hearing on the question of the increase in the maximum estimated cost of said project from $385,000 to $580,000, an increase of $195,000; and WHEREAS, notice of said public hearing was duly published and posted in the manner and within the time provided by law and such public hearing was duly held at the time and place specified in said notice at which all persons interested in the subject matter thereof were duly heard; and WHEREAS, said Town Board has duly considered the evidence given at said public hearing; NOW, THEREFORE, BE IT ORDERED, by the Town Boazd of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is necessary and in the public interest to increase and improve the facilities of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, at a new maximum estimated cost of $580,000, and said increase and improvement is hereby authorized and approved. . ~ , ~, Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: A~ COUNCILWOMAN ISMAY CZARNIECKI Voting: AYE , MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/24/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK