Red Hook WatchIndependent Community Resource

A RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS RELATING TO EASEMENTS REQUIRED FOR CONSTRUCTION OF THE VILLAGE OF RED HOOK SEWER PROJECT

↑Meetings/Resolutions/10-2019
One-time (complete)formal_resolutionone_timeAuthorizes the Mayor to retain counsel to commence eminent domain proceedings against five property owners to acquire easements needed for the Village sewer system construction.
First seen
2019-02-19
Latest event
2019-02-19
adopted
Expires
—

Resolution text

RESOLVED

  1. by the Board of Trustees of the Village of Red Hook, pursuant to its right to exercise Eminent Domain pursuant to § 402(B) of the Eminent Domain Procedure Law does hereby authorize and direct the Mayor to retain the firm of Rodenhausen Chale & Polidoro LLP in the matter and authorizes said firm to commence an appropriate proceeding against the above-listed property owners for the acquisition of the needed easements for construction of the Sewer Project. For its services hereunder, the firm shall be compensated at a rate equal to that for their services as special counsel to the Village, and shall reimbursed for any costs and disbursements they incur on behalf of the Village in connection with such proceeding. Any requests for payments pursuant to this Resolution shall be in the form of an itemized voucher to be submitted to the Village Board of Trustees for its review, audit and approval.
Show preamble — 6 WHEREAS clauses
  • WHEREAS, the Village of Red Hook (the "Village") is establishing a municipal sewer system to serve the Village pursuant to Article 14 of the New York State Village Law (the "Sewer Project")
  • WHEREAS, on February 8, 2016, the Board of Trustees of the Village, acting as lead agency pursuant to the New York State Environmental Quality Review Act, determined that the establishment of a municipal sewer system, including among other things, the acquisition of easements and other interests with respect to septic tanks, laterals and property access, would not result in any significant adverse environmental impact, and approved the costs of which are to be assessed upon the lands benefitted
  • WHEREAS, a map and plan of the permanent Sewer Project, with plans and specifications for sewage treatment, has been prepared by C.T. Male Associates, dated February 15, 2017, last revised May 8, 2017, entitled, "Map, Plan & Report, Village of Red Hook Sewer System" (the Map and Plan") and was filed in the Office of the Village Clerk on August 25, 2017
  • WHEREAS, in order to install the facilities as depicted on the Map and Plan (the "Sewer Components"), the Village has attempted to acquire easements over certain properties. Negotiations with the below-listed landowners for easements have been unsuccessful. The properties affected by this proceeding are as follows: Germaine A. Coon (LT) & Arvine V. Coon, Jr. (RT), 34 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-485691); Formerly Randolph J. Haddad, Now Michael C. and Victoria Lueck, 25 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-470720); Formerly Randolph J. Haddad, Now Michael C. and Victoria Lueck, E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-474721); Michael C. Lueck, 23 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-466723); Vincent P. Zitz, 64-66 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627211-579660)
  • WHEREAS, due to the objective of the Sewer Project to provide sewer service to the Village's central business district, the geography and layout of the Village, and the location of voluntary easements provided by other landowners in the service area, there are no feasible alternate locations for the installation of the Sewer Components within the Sewer Project area other than over said properties
  • WHEREAS, a public hearing was held pursuant to Article 2 of the New York State Eminent Domain Procedure Law on August 14, 2018, publication and notice to the property owners was duly performed, and a record of the public hearing is available for review at the Village Clerk's Office and at the Dutchess County Clerk's Office

Lifecycle (1 event)

2019-02-19adoptedvote: 4-0
Authorize commencement of eminent domain proceedings to acquire easements for the Village sewer project from five property owners.
moved by Kovalchik · seconded by Blundell
Show text snapshot for this event
Resolved
  1. by the Board of Trustees of the Village of Red Hook, pursuant to its right to exercise Eminent Domain pursuant to § 402(B) of the Eminent Domain Procedure Law does hereby authorize and direct the Mayor to retain the firm of Rodenhausen Chale & Polidoro LLP in the matter and authorizes said firm to commence an appropriate proceeding against the above-listed property owners for the acquisition of the needed easements for construction of the Sewer Project. For its services hereunder, the firm shall be compensated at a rate equal to that for their services as special counsel to the Village, and shall reimbursed for any costs and disbursements they incur on behalf of the Village in connection with such proceeding. Any requests for payments pursuant to this Resolution shall be in the form of an itemized voucher to be submitted to the Village Board of Trustees for its review, audit and approval.
Whereas
  • WHEREAS, the Village of Red Hook (the "Village") is establishing a municipal sewer system to serve the Village pursuant to Article 14 of the New York State Village Law (the "Sewer Project")
  • WHEREAS, on February 8, 2016, the Board of Trustees of the Village, acting as lead agency pursuant to the New York State Environmental Quality Review Act, determined that the establishment of a municipal sewer system, including among other things, the acquisition of easements and other interests with respect to septic tanks, laterals and property access, would not result in any significant adverse environmental impact, and approved the costs of which are to be assessed upon the lands benefitted
  • WHEREAS, a map and plan of the permanent Sewer Project, with plans and specifications for sewage treatment, has been prepared by C.T. Male Associates, dated February 15, 2017, last revised May 8, 2017, entitled, "Map, Plan & Report, Village of Red Hook Sewer System" (the Map and Plan") and was filed in the Office of the Village Clerk on August 25, 2017
  • WHEREAS, in order to install the facilities as depicted on the Map and Plan (the "Sewer Components"), the Village has attempted to acquire easements over certain properties. Negotiations with the below-listed landowners for easements have been unsuccessful. The properties affected by this proceeding are as follows: Germaine A. Coon (LT) & Arvine V. Coon, Jr. (RT), 34 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-485691); Formerly Randolph J. Haddad, Now Michael C. and Victoria Lueck, 25 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-470720); Formerly Randolph J. Haddad, Now Michael C. and Victoria Lueck, E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-474721); Michael C. Lueck, 23 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627210-466723); Vincent P. Zitz, 64-66 E. Market Street, Red Hook, NY 12571 (Tax Map 134801-627211-579660)
  • WHEREAS, due to the objective of the Sewer Project to provide sewer service to the Village's central business district, the geography and layout of the Village, and the location of voluntary easements provided by other landowners in the service area, there are no feasible alternate locations for the installation of the Sewer Components within the Sewer Project area other than over said properties
  • WHEREAS, a public hearing was held pursuant to Article 2 of the New York State Eminent Domain Procedure Law on August 14, 2018, publication and notice to the property owners was duly performed, and a record of the public hearing is available for review at the Village Clerk's Office and at the Dutchess County Clerk's Office
Subject key: sewer_project_eminent_domain