Loading...
UWWD Orrick #42290-2-620 O R R I C K July 17, 2013 Via E-Mail: (Cfulton~a~,townofwa~inger.us) Christine Fulton, Town Clerk Town of Wappinger Town Clerks Office 20 Middlebush Road Wappingers Falls, NY 12590 ORRICK, HERRfNGTON & SUTCLIFFE ur SIWEST 52ND STREET NEW YORK, NY 10019-6142 tef 212-506-5000 fax 212-506-5151 WWW.ORRICK.COM DOUGLAS E. GOODFRIEND (800) 295-8506 (TOLL. FREE) (212) 506-5211 (DIRECT DIAL) DGOODFRIEND(g)ORRICS.COM Re: Town of Wappinger, Dutchess County, New York $4,040,000 Improvements to the United Wappinger Water District Orrick File: 42290-2-62 Dear Ms. Fulton: This will acknowledge receipt in our office on May 13`)' of your correspondences, with the proof of recording of the Public Interest Order in the County Clerk's office and the legal notice of estoppel in connection with the above-referenced matter, which documents were in proper form. Accordingly, it has been added to our transcript and the file is complete. With best wishes, Very truly yours, Douglas E. Goodfriend ~DougCas DEG/vmo OHSUSA:754053408.1 0 ORRICK January 28, 2013 VIA E-MAIL (aroberts~vsrp.com; aroberts(u~srddlaw.com) Albert P. Roberts, Esq. Vergilis, Stenger, Roberts & Davis LLP ] 136 Route 9 Wappingers Falls, New York 12590 ORRICK, HERRINGTON & sUTCLIFFE LLp S1 WEST 52ND STREET NEW YORK, NY 10019-6142 tel 212.506-5000 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 - $4,040,000 Improvements to the United Wappinger Water District Orrick File: 42290-2-62 Dear Al: In accordance with your recent request, I have prepared and enclose herewith a draft of an Order Calling a Public Hearing on the increase and improvement of the facilities of United Wappinger Water District, pursuant to Section 202-b of the Town Law. You need to confirm SEQRA status, and have the SEQRA compliance materials on file in the Clerk's Office. Please review the description of the project and its status under SEQRA in the preamble and notice and if it is correct, please see that this order is adopted by at least a majority vote of the entire voting strength of the Town Board. The notice of the hearing, a copy which I enclose for your convenience, should be published in the official newspaper of the Town and posted on the Town Clerk's sign board, both publication and posting being made not less than ten nor more than twenty days prior to the hearing. A copy of the "map, plan and report" is required to be available for public review, i.e., engineer's report(s) acid related materials for the new improvements, as applicable, as previously reviewed by us. When mailable, please furnish us with a certified copy of the enclosed proceedings, together with an original printer's affidavit of publication and the Town Clerk's affidavit of posting of the notice of the hearing. On ht of the public hearing, after it, the Town Board will h pu is interest order and the bond resolu 10 . _ blication of_th~ resd of t on estoppel notice, the Town will be able to borrow for this project - se on receipt of a certified copy of the enclosed order ca ' a public hearing, and the printer's affidavit. __ ease do call with any questions you might have. As you know, the requirement for a separate Public Hearing and the components which need be noticed may be found in paragraph 1 of Section 202-b of the Town Law. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/vmo Enclosures USAOHS:750974379.1 TOWN CLERK Christine Fulton 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY ]2590 W W W.TOWNOFWAPPINGER.US (845) 297-4158 -Main (845) 297-5771 -Direct (845) 298-1478 -Fax TOWN OF WAPPINGER Office of the Town Clerk February 13, 2013 Orrick, Herrington & Sutcliffe, LLP 51• West 52°a Street New York, New York 10019-6142 Re: Town of Wappinger, Dutchess County, New York $4,040,000 Improvements to the United Wappinger Water District Orrick File: 42290-2-62 Dear Mr. Goodfriend: In accordance with your letter.dated January 28, 2013 I am enclosing the following: SUPERVISOR Barbara A. Gutzler TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz • An original certified copy of Resolution 2013-078, together with the Certification form provided by your office. • An original Town Clerk's Affidavit of Posting of such Order The original printer's affidavit of publication of such Order, from both of the Town's official newspapers, will be forwarded when we receive them. Please let me know if there are any problems. Thank you. Sincerely, '~` _ ~ - hristine Fulton Town Clerk CF/jf Cc: Al Roberts Enclosures r 2013-78 Order Calling Public Hearing in the Matter of the Increase and Improvement of the Facilities of United Wappinger Water District, 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 February ~~ ~ 11, 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 Ismay Czanuecki Michael Kuzmicz .ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councihnan Beale. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared 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 Water District, in the Town of Wappinger, Dutchess County, New York, being (1) the purchase and installation of cartridge filter facilities, including buildings and building additions and reconstruction at the Atlas and Hilltop Well Fields located at Helen Drive and at Deer Run Road in said District and (2) purchase and installation of approximately 7,250 linear feet of 8" water main from the Meadowwood Wells to All Angels Hill Road (Route 94) and at Route 9 at MacFarland Road in said District, including, in each case, original equipment, machinery, apparatus, furnishings, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,040,000; and WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act ("SEQRA"), have been performed, it having been determined that this capital project is a Type I Action as to which it has been determined that there is no significant environmental effect and SEQRA compliance materials are on file in the Office of the Town Clerk where they may be inspected during regular office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said United Wappinger Water 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: Section 1. A public hearing will be held at the Town Hall, in Wappingers Falls, New York, in said Town, on March 11, 2013, at 7:30 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of United Wappinger Water 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. 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 newspapers, and also to cause a copy thereof to be posted on the sign board 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: ABSENT ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/11/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK M CERTIFICATION FORM 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: l . That a meeting of the Issuer was duly called, held and conducted on the 11 ~' day of February, 2013. 2. That such meeting was a special regula (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 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 Sigh Board - 0.1/07/2013 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 13th day of February, 2013. C-L- Christine Fulton, Town Clerk (CORPORATE 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, 20 Middlebush Road, in Wappingers Falls, New York, on March 11, 2013, at 7:30 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, being (1) the purchase and installation of cartridge filter facilities, including buildings and building additions and reconstruction at the Atlas and Hilltop Well Fields located at Helen Drive and at Deer Run Road in said District and (2) purchase and installation of approximately 7,250 linear feet of 8" water main from the Meadowwood Wells to All Angels Hill Road (Route 94) and at Route 9 at MacFarland Road in said District, including, in each case, original equipment, machinery, apparatus, furnishings, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,040,000; Said capital project has been determined to be an Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental effect. SEQRA compliance materials are on file in the Office of the Town Clerk where they may be inspected during regular office hours At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Wappingers Falls, New York, February 13, 2013. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Christine Fulton, Town Clerk 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 13th day of February, 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 was a part of an Order adopted by the Town Board of said Town on February 11, 2013. A true and correct copy of such Notice of Hearing is attached hereto. Christine Fulton, Town Clerk Sworn to before me this 13th day of February, 2013. Notary Public BARBARA L» RQBFA'12 Notary !',~nlic, Stan ofNew York .. ~u.O1R1N130344 ,,itrhes~ Cnur.• My Commission Ezpii r~ .; ul~ 18, 2013 f- TOWN CLERK Christine Fulton 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 W W W.TOWNOFWAPPINGER.US (845) 297-4158 -Main (845) 297-5771 -Direct (845) 298-1478 -Fax TOWN OF WAPPINGER Office of the Town Clerk March 13, 2013 Orrick, Herrington & Sutcliffe, LLP 51 West 52"d Street New York, New York 10019-6142 Re: Town of Wappinger, Dutchess County, New York $4,040,000 Improvements to the United Wappinger Water District Orrick File: 42290-2-62 Dear Mr. Goodfriend: In accordance with your letter dated January 28, 2013 I am enclosing the following: SUPERVISOR Barbara A. Gutzler TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz • The original printer's affidavit of publication of such Order, from both of the Town's official newspapers Please let me know if there are any problems. Thank you. Sincerely, lstine Fulton Town Clerk CF/jf Cc: AI Roberts Enclosures SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS ~ EC11~8t3Jfi S`/(~Jt 84 EAST MAIN STREET I(~IhBat~ Sa~lla~Ut WAPPINGERS FALLS, NY 12590 SaI~IpC Je~n6aJ ~c awiJ~ a }iwwc Affidavit of Publication XI}aJCI ~LBIJBWC ~~ta~e~S pua ~ S~~ To: TOWN OF WAPPINGERS FALLS gyp. C/O TOWN CLERKS OFFICE Sa~n~lp 20 MIDDLEBUSH RD. $WnSSL ~UIu~aUJt WAPPINGERS FALLS , NY 12 5 9 0 aa~ann ui s~~~ Re: Legal notice #88136 Saa~}a~ t~Sl~~l a~qw State of NEW YORK S~tlBJEC S S : plea ~~paJ~ E 2At County of DUTCHESS }aJa Ja~ia I , CYNTHIA MCDONALD, being duly sworn, depose BD.IIIt)S JLlhl and say : that I am the Publisher's ~ pa~sinn~: a~>` Representative of Southern Dutchess News, a oy Jt) paq ao~ 6u~pl weekly newspaper of general circulation sauigwt published in WAPPINGERS FALLS, County of CAB DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed JggE copy, was duly published in Southern Dutchess :~~pauas'~ pJBUr News once on 02 27 13 . / / ~ ~~~~ ~~~~ State Departr»ent of EnvironmQntal Con- servation promul- gated pursuant to the State EnvironmentaF Sworn to before me his 27th day of February, 2013 'Quality Review Act ("SE(~Rq"),thelmple- mentation ofwhich as proposed, ithas been CY YDU detert~iinedwitlnotre- Notary Public, State of NEW YORK sultinasignificarrter- No . O1HY6221990 vironmentei "-.~i~i~ct'. Qualified in DUTCHESS County SEQF~4 Compliant maten`afisare on fide in My commission expires on June 14, 2014 theOffit:eoftheTown Clerk where they may be ingpect~dduring re~ularoffit~e hours "- ? At said pia tiNc ht;taring ~ said Tawrt Board wiN hear all persons inter- F E B~~ ? G i 3 sated irs the subject _ matter thereof: Dated: -~.,y -~ a <.. - . '' ~'' k ~ ~ ~~~ i'. .Wappingers Falls, ~~:~ , ; New York, ,~ ~ Y ' ~ February 13, 2013. BY ORDER OF THE _TOWN BOARD OF THETOWN OF WAPPFNGER, DUTCHESS .COUNTY, . NEW YORK Christine Fulton, Tornm Clerk Southern Dutchess News 84 East Main Street Wappingers Falls, NY 12590 (845) 297-3723 Fax (845) 297-6810 TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Issue Dates Description INVOICE 02/22/13 Phone: 845-297-5771 Your sales representative is: Legal Ads Amount In Southern Dutchess News and Beacon Free_Press: LEG: LEGALS 02/27/13_ Legal Notice - 99 Lines #88136 PUB HRG 3/11 WATER DISTR Affidavit Charge - 2 $ 40.10 0.00 50.00 TOTAL CHARGES ----------> $ (Ad #88136) ~~~~~~~~1.~ U" L~D FEB 2 8 2013 .~ ,~.,,, 5 ~ pp.{! 90.10 TOYN OF WAPPINGER, NY ~O. Box 324, Middlebush Road 1Nappingers Falls, N.Y. 12590 PURt~lASE ORDER & VOUCHER )- cLAtMwJrs SOUS-IERN DUTCMES~ N~WS NAME AND ~.. EAST MAIN BTf~E~T A°DRESSWAP~JGERS FALLB, NY 1~~99 =RMS Purdiase ~ Ortfer No. ~ . -l DO NOT WRITE IN THIS BOX Dale Voucher Received FUND -APPROPRIATION AMOUNT ~~- TOTAL ABSTRACT NO. VENDOR'S ~ I REF.NO. ~ DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT 0~~-713 ~ ~ l~G~ L : ~5813(o PuSuG ~~2wGr 3(~~ I,JA-T~iIL 1j ~s-~'2 - '+" .. 9~ io -~FEB 2 8 2013 - I - - TOTAL Q 1 ~ t. --if--" - ~,~ ~ ~~u /'-~ri- mrtify Ctal the above account-in the amount of S ~ • /O is We and cvrte'd: tlraQ Ure dertu, services. and d'rsbursemenls charged were rendered b or fa the murydpeGty on the dates staled: Ihal rw part has been paid or satisfied; That lazes, from whidt the rnuntdpafity a exempted, are not included; and that the amount chimed is acwapy due , DATE SIGNA URE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This daim is approved paid from the appropriations indicated above DATE COMPTROLLER ~ough~eepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION EichibltA ~1 ~ dk NOTICE OF PUBLIC Atlas and Hilltop Well HEARING Fields located at Hek!n NOTICE IS HEREBY Drive and at Deer Run GIVEN that the Town Road in said District Board of the Town of and (2) purchase and Wappinger, Dutchess Installation of approxi County, New York, will awtely:7,250 linear feet meet at the Town Hall, Of $" water main from' 20 Middlebush Road, In the Meadowwoad Wells Wappingers Falls, New' to All Angels HIII Road. York on March 11, 2013,' (Route 94) and at Route at 7:30 o'clock P.M„ 9 at MacFarland Road in Prevailing Time, for thei said District, including, purpose of conducting in each case, original a public hearing upon a° equipment, machinery, certain map, plan and apparatus, fumishings, report, including an es ~purtenances, and In timate of cost, in rely c eMal improvements. lion to the increase and and expenses In can, r Water the ToN fllter facilities, bugling a~~ns a New rtal of compli are 'on ~~ y~ ed dun. p~sreon subject BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Cie ~ Fulton, Town 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 201.3 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 ., -,~.~, -a,~-ter, day of Feb. in the year of 2013 and on the following dates thereafter, namely on: And ending on the day of in the ear of 2013 ,both days inclusive. Sub ri ed and sworn to before me this Z? ~ day of ~Pi in the r of 2013 Not Public My commission expires j ~- 803E ANN SIMPSON No~ry Public, State of New York No. Of St62f 5$93 Qualified in Dutchess County Commission Expires January 4, 2014 ~. -~ , ,~ . _~,:-. ~. ,~ .,\;, ,~ r ~~ ~~ t , p ~ouQhhe uie .~ ournal.~om v A GANNETT COMPANY vrt..~vv~rt r,~v ADVERTISING INVOICE P.D. BOX 1231 8s CI V tC CENTER PLAZA POUGHKEEPSiE, NY 12602 BUSINESS OFFICE: (84s) 451557 BILL DATE 02/27/13 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 0103467368 000 EXHIBIT ANOTICE OF P 02/27/13 91 1 47.32 0103467368 000 EXHIBIT ANOTICE OF P 02/27/13 91 1 0103467368 AFFIDAVIT CHARGE 02/27/13 40.00 PHONE NUMBER 845-297-5771 1000 'r=,~~„ ~~~^D MAR ~ 20 ~~ 87.32 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 INVOICE 87.32 0103467368 02/27/13 ritar o, ~gnature xpua on on ear ^ PLEASE CHANGE MY ADDRESS AS INDICATED ON REVERSE ~1~34673680~~0873Z1, WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 ~ou~hhee~uie Journal PO BOX 1629 BINGHAMTON, NY 13902-1629 8 4 5- 2 9 7- 5 7 71 10 0 0 ~ou~hhee~uie .3 ournal P.o. sox 1231 85 CIVIC CENTER PLAZA POUGHKEEPSIE, PIY 12602 BUSINESS OFFICE: (sas)aslASS7 Wappingers Falls, N.Y. 12590V PURCHASE ORDER & VOUCHER CLAIMANT'S , . NAME AND ADDRESS poughkeepsie Journal L TERMS DO NOT WR/TE IN THIS BOX Voucher Received FUND -APPROPRIATION J ABSTRACT NO. VENDOR'S - REF.NO. DATES I~ QUANTITY DESCRIPTION OF MATERIALS OR SERVICES ad # 3467368- legal 7368- 2/27/2013 Hearing- United Wapp. Water Dist. ... u J _„ . .~ TOTAL UNIT PRICE AMOUN AMOUNT 87.32 --- TOTAL 1 Rita Lombardi municipality is exempted, are not included; and that the amount cla' a is actually due rRrtiy that the above account in the amount of $ is True and correq; that the i~ems, services, and disbursements charg ere rendered to or for the municipality on the dales staled: Ihat no pan has been paid or satisfied; that lazes, Irom which the ~- / ~/~7/2013 DATE Principal Clerk SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USEI DEPARTMENT APPROVAL The above services or materials were rendered or furnished to `lie municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL ~ I APPROVAL FOR PAYMENT II This claim is approved paid Irom the appropriations indicated above I f DATE COMPTROLLER