2009-2402009-240
Resolution Requesting Special Legislation to Authorize Consolidation of Certain Sewer
Districts and Sewer Improvement Areas in the Town of Wappinger
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 July 13,
2009.
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
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger, over a course of the last forty years, has created
several Sewer Improvements pursuant to Article 12-C of the Town Law and several Sewer
Districts pursuant to Article 12 and 12-A of the Town Law including, but not limited to, the
following:
• Wappinger Sewer Transmission Treatment Improvement Areas I and Il
(WST/TIA I & II, formed pursuant to Article 12-C of the Town Law);
• Wappinger Sewer Transmission Treatment Improvement Area IIIA (WST/TIA
IIIA, formed pursuant to Article 12-C of the Town Law);
• Rockingham Farms Sewer District (formed, upon information and belief, pursuant
to Article 12 of the Town Law);
• Wappinger Sewer Improvement Area No. 1 (formed pursuant to Article 12-C of
the Town Law);
• Mid Point Park Sewer Improvement Area (formed, upon information and belief,
pursuant to Article 12-C of the Town Law);
• Fleetwood Sewer District (formed, upon information and belief, pursuant to
Article 12 of the Town Law); and
WHEREAS, WST/TIA I & II was formed for the purposes of redirecting waste water
flows from the Rockingham Farms Sewer Plant and the Oakwood Knolls Sewer Plant to the Tri -
Municipal Sewer Plant located in the Town of Poughkeepsie, via a new sewer transmission line,
which was constructed pursuant to WST/TIA I & II; and
WHEREAS, WST/TIA IIIA was formed to provide additional sewer service to other
areas of the Town and transporting the waste water to the Tri -Municipal Sewer Plant via the
sewer transmission line construction pursuant to WST/TIA I & II; and
WHEREAS, the Town Board wishes to have all of the Sewer Districts and Sewer
Improvement Areas which are overlapping, generally hydraulically interconnected, and
otherwise within the jurisdictional limits defined in WST/TIA I & Il, into one large Sewer
District will all of the powers authorized by Article 12 and Article 12-A of the Town Law
applicable to Sewer Districts, as well as the authority to apportion costs pursuant to Article 12-C
of the Town Law; and
WHEREAS, the Town Board hereby authorizes 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 draft appropriate
legislation to be adopted by the New York State Legislature to consolidate all of the Sewer
Districts and Sewer Improvement Areas within the jurisdictional boundaries of WST/TIA I & II
into one large Sewer District with such powers as above set forth.
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 I & II
and WST/TIA I1IA which provides sewer services to the various properties
located within the defined jurisdictional limits of WST/TIA I, I1 & IIIA.
3. The Town Board of the Town of Wappinger hereby requests that Special
Legislation be introduced to 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 Districts and Sewer
Improvement Areas into one Sewer District with all the powers applicable to
Sewer Districts as set forth in Article 12 and Article 12-A of the Town Law,
together with the additional authority to apportion the costs of any capital
improvement or operation and maintenance charges as set forth in Article 12-C
§209- q.8 of the Town Law.
4. The Town Board further directs Supervisor Christopher J. Colsey, Engineer to the
Town, Robert J. Gray, Attorney to the Town, Albert P. Roberts, Douglas
Goodfriend, Bond Counsel to the Town, and Sewer Coordinator, Michael
Tremper to take whatever steps are necessary to implement this Resolution and to
assist Senator Saland and Assemblyman Miller, to introduce appropriate
legislation to the New York State Legislature and to provide them with such
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 approval
and authorization to submit 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.
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
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
7/13/2009
The Resolution is hereby duly declared adopted.
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HN C. MASTERSON, TOWN CLERK