2006-082L
2006-82
Order Establishing BRH Realty Subdivision Drainage 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 3/13/2006 at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll
being called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Joseph P. Paoloni
Maureen McCarthy
Vincent F. Bettina
The following Resolution was introduced by Councilwoman McCarthy and
seconded by Councilman Valdati.
WHEREAS, the written Petition of Phantom Hollow Equities, Inc. dated
February 7, 2006, and executed by Richard Barger, an officer of the Phantom Hollow
Equities, Inc. owner of 100% of the BRH Realty Subdivision ("Subdivision"), has been
presented to and filed with the Town Board of the Town of Wappinger, New York
requesting the approval of a drainage district to be known as the `BRH REALTY
SUBDIVISION DRAINAGE DISTRICT", which is more particularly described in the
Map, Plan and Report for the BRH Realty Subdivision dated October 12, 2005, prepared
by Paggi, Martin & Del Bene, LLP, and filed in the office of the Town Clerk; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the
BRH Subdivision Drainage District", dated October 12, 2005 and relating to the
establishment of the proposed drainage district, was prepared by Paggi, Martin & Del
Bene, LLP, duly licensed civil engineers of the State of New York; and
WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with
the Town Clerk and has been prepared in a manner and in such detail that this Town
Board has determined that said Map, Plan and Report are in accordance with the
requirements of Article XII of the Town Law; and
WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town
Board on February 13, 2006, reciting the filing of said Map, Plan and Report, the
improvements proposed, the boundaries of the proposed district, the proposed method of
financing, the fact that the Map, Plan and Report describing the same was on file in the
Town Clerk's Office for public inspection, and stating all other matters required by law
to be stated, and specifying March 13th, 2006 as the date, at 7:30 in the evening of said
day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers
Falls, New York as the place where this Town Board would meet and consider said Map,
Plan and Report, and to hear all persons interested in the subject thereof, and to take such
action therein as is required or authorized by law; and
WHEREAS, such Order was duly published and posted as required by law and
copies of such Order were duly mailed to Petitioners/homeowners of all properties in the
proposed District, and proof of publication, posting and mailing has been duly presented
to the Town Board; and
WHEREAS, a Public Hearing on said matter was duly held by said Town Board
on March 13th, 2006 at 7:30 p.m., in the Town of Wappinger Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and
Phantom Hollow Equities, Inc., the Petitioner, appearing in favor of the Petition; and
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WHEREAS, pursuant to said petition, it is the intention of the Petitioner,
Phantom Hollow Equities, Inc., to construct the improvements set forth in the Map, Plan
and Report solely at its own cost and expense.
NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED,
DETERMINED AND RESOLVED AS FOLLOWS:
1. The recitations above set forth are incorporated in this Order as if fully set
forth and adopted herein.
2. The notice of Public Hearing was published and posted as required by law,
and is otherwise sufficient.
3. The Petitioner, as 100% owner of the property, was duly mailed a copy of
the Notice of Public Hearing and proof thereof was submitted to the Town Board.
4. The Petition presented to this Board for the establishment of the BRH
REALTY SUBDIVISION DRAINAGE DISTRICT was signed and acknowledged as
required by law and is otherwise sufficient.
5. All the property and property owners within the proposed district are
benefited thereby.
6. All the property and property owners benefited thereby are included
within the limits of the proposed district.
7. There will be no hook-up fees for any of the properties within the district.
8. There will be no capital costs assessed to the properties within the district
for the improvements proposed to be constructed.
9. The estimated annual cost of Operation and Maintenance of the proposed
improvements is estimated to be $714.29 per Benefit Unit for a typical property within
the district.
10. A detailed explanation of the improvements to be made and the estimate
of Operation and Maintenance charges have been included in the Map, Plan and Report
which has been filed in the Office of the Town Clerk and the same has been made
available during regular office hours for examination by any person interested in the
matter thereof.
11. It is in the public interest to establish the BRH REALTY SUBDIVISION
DRAINAGE DISTRICT.
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
establishment of the BRH REALTY SUBDIVISION DRAINAGE DISTRICT in the
Town of Wappinger, Dutchess County, New York, and the improvements therein, as
more fully described above and in the aforementioned Map, Plan and Report is hereby
approved and established and said drainage district shall be bounded and described as set
forth in Exhibit "A" attached to the Petition; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
improvements for the said drainage district as set forth in the Map, Plan and Report are to
be constructed by the Petitioner, Phantom Hollow Equities, Inc., wholly at its own
expense, and Petitioner has agreed to convey such improvements to the Town and/or
BRH REALTY SUBDIVISION DRAINAGE DISTRICT without cost to the Town of
Wappinger, free and clear of any liens or encumbrances; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once
the drainage improvements as set forth in the Map, Plan and Report have been
constructed by the Petitioner and turned over to the Town, the cost for maintaining the
district shall be assessed, levied and collected from the several lots and parcels of land
within the said district in proportion to the benefit which each lot or parcel of land in said
district will derive therefrom as set forth in the Map, Plan and Report; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
Town of Wappinger shall be reimbursed by the Petitioner, Phantom Hollow Equities,
Inc., for any fees or expenses paid in furtherance of commissioning the preparation of the
Map, Plan and Report or in the formation of this district; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
Town Clerk be, and hereby is, authorized and directed to file a certified copy of this
Order in the office of the Clerk of the County of Dutchess, which is the County in which
the said Town of Wappinger is located, and another certified copy in the Office of the
State Department of Audit and Control, within ten days after the adoption of this Order,
pursuant to § 195 of the Town Law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting: AYE
Robert L. Valdati, Councilmember Voting: AYE
Vincent F. Bettina, Councilmember Voting: ABSENT
Joseph P. Paoloni, Councilmember Voting: AYE
Maureen McCarthy, Councilmember Voting: AYE
The Order was thereupon declared duly adopted.
Dated: March 10, 2006 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
C. MAS RSON,TOWN CLERK