2006-198COPY
2006-198
Resolution Authorizing the Agreement with Sean McKenna and John Murphy for the
Installation of a Fence along the McKenna Parcel Boundary
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 August
28', 2006.
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
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, the TOWN owns and operates a well field commonly known as the "Atlas
Wellfield"; and
WHEREAS, the TOWN has formed the Wappinger Water Improvement 1999-2(R) to
develop the Atlas Wellfield and provide potable water to the residents of the Town of
Wappinger; and
WHEREAS, McKENNA owns a certain parcel of property commonly known as 45
Helen Drive, Wappingers Falls, New York, more particularly described in a certain deed dated
January, 2003, recorded in the Dutchess County Clerk's office on March 13, 2003, at document
number 02 2003 2543 and which property is more particularly described on Exhibit "1" attached
hereto and is hereinafter referred to as the "McKENNA Parcel"; and
WHEREAS, the access road to the Atlas Wellfield abuts property owned by
McKENNA; and
WHEREAS, both McKENNA and the TOWN collectively agree that it is in the best
interests of both parties to construct and install a fence parallel to the westerly property line of
the McKENNA property as it abuts the entrance to the Atlas Wellfield; and
WHEREAS, the parties have agreed to share in the cost of the installation of the fence
and otherwise provide for the maintenance thereof as hereinafter set forth.
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 Board hereby determines that it is in the best interests of the Town and
the residents of the Town of Wappinger for the Town to enter into the
aforementioned Agreement in the form attached hereto, marked and designated as
Exhibit "2".
3. The Town Board of the Town of Wappinger, in its capacity as the governing body
of the Town of Wappinger, has reviewed and examined the proposed Agreement
between the Town of Wappinger and Sean McKenna and John Murphy, supports
and concurs with the provisions contained therein, agrees to enter into said
Agreement and further directs Town Supervisor, Joseph Ruggiero, to execute
same in substantially the same form as attached hereto.
4. The Town Board determines that entering into the Agreement 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.
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
8/28/2006
D
The Resolution is hereby duly declared adopted.
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HN C. TERSON, TOWN CLERK