Loading...
2006-1002006-100 Order Establishing Shamrock Hills 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 the 3/27/2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - / Joseph Ruggiero Councihnembers Robert L. Valdati Vincent F. Bettina Joseph P. Paolom Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Shamrock Hills Drainage District", dated September 22, 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 is in accordance with the requirements of Article XII of the Town Law; and WHEREAS, the properties to be included within the SHAMROCK HILLS DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the improvements proposed consist of the construction and installation of a storm water drainage system to serve the properties within said District in accordance with certain plans incorporated in the Map, Plan and Report, which is hereby approved and adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, the Petitioner, Shamrock of Dutchess, LLC shall construct and install said drainage system at its own expense and upon completion of same transfer said drainage system to the Town of Wappinger and/or the SHAMROCK HILLS DRAINAGE DISTRICT, without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by the Petitioner, Shamrock of Dutchess, LLC.; and WHEREAS, Shamrock of Dutchess, LLC. shall install all improvements referenced in the Map, Plan and Report and dedicate same to the District upon completion thereof; and WHEREAS, the improvements to be constructed for the SHAMROCK HILLS DRAINAGE DISTRICT shall consist of, including, but not limited to, ninety-one (91) catch basins, 7,675+/- L.F. of piping, three (3) detention ponds, wetlands, twenty-nine (29) drains with rip -rap inlet and outlet protection and two (2) swales as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of the proposed drainage facilities and improvements and the expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost of maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion to the benefit which each lot and parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and in such detail as has theretofore been reviewed by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the SHAMROCK HILLS DRAINAGE DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town and/or the District is zero ($0) dollars; and WHEREAS, there are no hook-up fees proposed to the typical property in the SHAMROCK HILLS DRAINAGE DISTRICT; and WHEREAS, the estimated cost to the SHAMROCK HILLS DRAINAGE DISTRICT for the first year budget will be approximately Twenty Seven Thousand ($27,000.00) Dollars, which when divided among fifty-three (53) lots results in a cost of Four Hundred and Twenty - Eight Dollars and Fifty -Seven Cents ($428.57) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year cost to the typical property in the SHAMROCK HILLS DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the Office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II Action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on February 27th, 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 were 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 27th, 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 41, WHEREAS, such Order was duly published and posted as required bylaw 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 27`h, 2006 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Shamrock of Dutchess, LLC., the Petitioner, appearing in favor of the Petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Shamrock of Dutchess, LLC., 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. lished and posted as required by law, and is 2. The notice of public hearing was pub 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 SHAMROCK HILLS DRAINAGE DISTRICT was signed and acknowledged as required by law and was 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 after three years is estimated to be Four Hundred and Twenty -Eight Dollars and Fifty -Seven Cents ($428.57) 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 SHAMROCK HILLS DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the SHAMROCK HILLS 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, Shamrock of Dutchess, LLC, wholly at its own expense, and Petitioner has agreed to convey such improvements to the Town and/or the SHAMROCK HILLS 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, Shamrock of Dutchess, LLC, 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, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 3/27/2006 The Resolution is hereby duly declared adopted. •sC. MASY,'SON, TOWNCLERK EXHIBIT "A" The proposed District shall consist of all lots subdivided from the parcel identified by Tax Parcel Nos. 13-5689-6257-04-502465 and 13-5689-6257-03-492382 of the Shamrock Hills Subdivision. The District shall include all easements and streets dedicated to the Town that are within the subdivision limits. The total area of the District is 105.68± acres. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town, including the Order contained herein, held on the 27 day of March 2006, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same related to the subj ect matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to § 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or news media as follows: Newspapers and/or other news media Southern Dutchess News Poughkeepsie Journal 11 Date given January 10, 2006 January 10, 2006 D I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting January 10, 2006 SignBoard 20 Middlebush Road Wappingers Falls, NY IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town thisday of '2006- (Corporate 006. (Corporate Seal) W—C. Paster �Towln Clerk 1 Cit