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2000-10-23A 813144.1 90427-367P At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, in Wappinger Falls, New York, in said Town, on the 23rd day of October, 2000, at 7:30 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Smith , and upon roll being called, there were PRESENT: Constance 0. Smith, Supervisor Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman ABSENT: Robert Valdati, Councilman The following resolution was offered by Councilman Ruggiero who moved its adoption, seconded by CouncilmanPaoloni , to -wit: PUBLIC INTEREST RESOLUTION DATED OCTOBER 23, 2000. A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED WATER IMPROVEMENT, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOWN AS WAPPINGER WATER IMPROVEMENT AREA -1999-2(R) IN SAID TOWN. WHEREAS, a map, report and plan, including an estimate of cost, dated August 11, 1999, together with an amendment thereto, dated September 15, 2000, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the implementation of a cost-effective method of addressing existing source, supply and storage problems in specified areas of said Town, by the construction of new water wells together with interconnecting facilities, water mains and original fizrnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, to integrate certain specified existing Water Districts and Improvement Areas in said Town to form a connected system to serve a benefited area in said Town to be known as Wappinger Water Improvement Area - 1999-2(R) whose boundaries shall consist of the area specified in Appendix A as attached hereto and hereby made a part hereof, as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or person interested in same during regular office hours at said office; and WHEREAS, said map, plan and report, including estimate of cost and amendment were prepared by Paggi, Martin & DelBene, LLP, competent engineers, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and -2 - WHEREAS, the capital improvements proposed in connection with the establishment of the Wappinger Water Improvement Area - 1999-2(R) as hereinabove described, are at a maximum estimated cost of $8,590,000; and WHEREAS, said maximum estimated cost is greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any villages and therefor an application to the Office of the State Comptroller for approval of establishment of said Wappinger Water Improvement Area - 1999-2(R) will be required; and WHEREAS, said maximum estimated cost is proposed to be financed by the issuance by the Town of Wappinger of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Wappinger Water Improvement Area - 1999-2(R) by assessing, levying upon and collecting from the several lots and parcels of land within such Wappinger Water Improvement Area - 1999-2(R), outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be an Unlisted 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 -3 - as proposed, the Town Board of said Town has determined will not result in any significant environmental effects; and WHEREAS, an order was duly adopted by said Town Board on September 25, 2000, reciting a description of the boundaries of the proposed Wappinger Water Improvement Area - 1999-2(R), the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that said map, plan and report, including an estimate of cost, as amended, were on file in the Town Clerk's office for public inspection and specifying the 10th day of October, 2000, at 7:40 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Wappinger Water Improvement Area - 1999-2(R) and said map, plan and report, as amended, filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Article 12-C of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing and adopted a resolution on October 10, 2000 making certain determinations in connection therewith; -4 - WHEREAS, an application to the State Comptroller for permission to establish Wappinger Water Improvement Area — 1999-2(R) has been prepared and, pursuant to regulations of the State Comptroller, must be reviewed and approved by the Town Board prior to submission; WHEREAS, inasmuch as the application to the State Comptroller is required to be filed within ten days of adoption of the resolution making the determinations required by Section 209-q of the Town Law and more than ten days have passed since October 10, 2000, it will be necessary to repeat such determinations; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Wappinger Water Improvement Area - 1999-2(R) and to make the improvements hereinafter described and such improvements are hereby authorized. The proposed area hereby determined to be benefited by said Wappinger Water Improvement Area - 1999-2(R) is that area specified in Appendix A annexed hereto and made a part hereof. No real property determined to be benefited by said Wappinger Water Improvement Area — 1999-2(R) has been excluded from Appendix A, and all of the real property benefited by said Wappinger Water Improvement Area — 1999-2(R) has been included in Appendix A. Section 2. The proposed improvements shall consist of the implementation of a cost- effective method of addressing existing source, supply and storage problems in specified areas of said Town, by the construction of new water wells together with interconnecting facilities, water mains and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental -5 - improvements and expenses in connection therewith, to integrate certain specified existing Water Districts and Improvement Areas in said Town to form a connected system to serve a benefited area in said Town to be known as Wappinger Water Improvement Area - 1999-2(R), at a maximum estimated cost of $8,590,000. The method of financing of said cost shall be by the issuance of serial bonds of said Town of Wappinger to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvements and located in said benefited area, which land has been determined in Section 1, above, to be described in Appendix A hereto, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same. Section 3. It is hereby determined that the estimated expense of the aforesaid improvements exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is required for such improvements. -6 - Section 4. It is hereby further determined that all of the cost of the aforesaid improvements shall be borne wholly by property within the Wappinger Water Improvement Area - 1999-2(R) with no cost thereof to be borne by the entire area of the Town outside of any village. Section 5. Pursuant to subdivision 13(b) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to file a certified copy of this resolution in the Office of the State Department of Audit and Control in Albany, New York, together with an application for the approval of the State Comptroller to the providing of the improvements as described herein substantially in the form attached as Appendix B (the "Application"). The Application shall be executed and verified by the Supervisor. It is hereby determined that the Application was prepared at the direction of the Town Board; that the Town Board believes the contents of the Application are accurate; and that the Town Board has determined that the Wappinger Water Improvement Area — 1999-2(R) is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof, that all real property to be assessed to pay the cost thereof will be benefited thereby and that no benefited property has been excluded. Section 6. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within ten days of the date of receipt of notification of the approval of the State Comptroller, in the Office of the Clerk of the County of Dutchess, New York, which, when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvements. Section 7. This resolution shall take effect immediately.