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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