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2005-055RESOLUTION NO. 2005- 55 RESOLUTION DIRECTING THE REMOVAL OF TEN PARCELS OF PROPERTY FROM THE WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREAS — PHASES .1 & 2 AND PHASE 3A 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 the 25th day of April, 2005, at 7:30 P.M. The meeting was called to order by7osmhRuggiOro, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Joseph P. Paoloni Maureen McCarthy ABSENT: Vincent Bettina The following Resolution was introduced by Ms McCarthy and secondedby Mr. Valdati WHEREAS, the Town of Wappinger previously authorized the creation of the Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A; and WHEREAS, the Town Board has determined that ten parcels originally included in the Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A will be unable to receive sewer services from seven programmed areas; and WHEREAS, there is no statutory mechanism to remove a parcel from an article 12C improvement area once the improvement area has been established; O:\Wappinger\TriMunA\RemovalLegislation\Resolution.doc WHEREAS, the Town Board has requested and has obtained special legislation to remove the subject parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A; and WHEREAS, Senate Bill No. S7020 and Assembly Bill No. Al 1034 were introduced into the New York State legislature for the purposes of authorizing legislation permitting the removal of the subject ten parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A; and WHEREAS, on October 19, 2004 Governor Pataki signed into a S7020 and Al 1034 (Chapter 614 in Laws, 2004) which authorizes the Town of Wappinger to remove the subject ten parcels of land and Wappinger Sewer Transmission/ Treatment Improvement Areas — Phases 1 & 2 and Phase 3A, effective as of January 1, 2002 permitting refunds for the effected property owners for any benefit assessment paid after January 1, 2002; and WHEREAS, the parcels to be removed are identified in Schedule 1 attached hereto; WHEREAS, it has been reported by the attorney to the Town that several of the parcels have been sold and resold since January 1, 2002; and WHEREAS, the Town Board has previously determined that the removal of the subject parcels is a Type II action pursuant 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to New York State Environmental Quality Review Act (SEQRA); and WHEREAS, the Notice of Public Hearing was duly published in the Southern Dutchess News and the Poughkeepsie Journal on April 6, 2005 and April 6, 2005 I� respectively; and O:\W appinger\TriMunA\RemovalLegislation\Resolution.doc WHEREAS, Notices of the Public Hearing were forwarded to each of the owners of the parcels identified in Schedule "1" as well as to any party who has had an ownership interest in the subject parcels since January 1, 2002, said Notices being sent to the addresses contained in the files at the Town Assessor's office; and WHEREAS, the Town Board duly conducted a Public Hearing on the proposed removal of the ten parcels on April 25, 2005; and WHEREAS all persons desiring to be heard were duly heard; and V4REAS, the Town Board has duly considered whether or not to remove the ten parcels from the Wappinger Sewer Transmission/ Treatment Improvement Areas — Phases 1 & 2 and Phase 3A. 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. Upon the information given at the aforesaid Public Hearing, it is hereby found and determined as follows: (a) the Notice of Public Hearing was duly published and posted as required by law and is otherwise sufficient; (b) the various parcels identified in Schedule 1 will be unable to receive « ,� sewer service from or through Wappinger Sewer Transmission/ Treatment Improvement .Areas — Phase 1 & 2 and 3A; (c) all the properties and property owners identified in Schedule 1 not be benefited by being included the Wappinger Sewer Transmission/ Treatment Improvement Areas — Phase 1 & 2 and 3A; O:\W appingerlTdMunA\Remova]Legislation\Resolution.doc a (d) the removal of the ten parcels identified in Schedule "I" is in the best interest of the Town and the public; (e) the Town Supervisor, the Town Comptroller and the Attorney to the Town are directed to determine the amount of any benefit assessments paid by or on behalf of the parcels identified in Schedule "1". and are directed to refund said benefit assessments to the property owners, prorated and .adjusted inaccordancewith-each owners' period -of ownership of each parcel since January 1, 2002; M the Town Clerk shall, within ten days after the adoption of the Resolution, publish in the official newspaper and post on the official sign board of the Town, a Notice which shall set forth the date of adoption of this Resolution and the full text hereof, and shall further record a copy of this Resolution in the Office of the Dutchess County Clerk. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting MAUREEN MCCARTHY, Councilwoman Voting Dated: Wappingers Falls, New York March 28, 2005 The Resolution is her, 0 0:\Wappinger\TdMunA\RemovalLegislation\Resolubon.doc J. M Aye Aye Absent Aye Aye declared adopted. CLERK