2014-2182014-218
Findings Of Fact And Order Establishing The Regency At Wappinger Lighting 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
September 8, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following was recorded:
•o —Lul u - ncsaralwn XLN-2014-218
D Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter
p
0
❑
0
❑ Defeated
William H. Beale
Voter
❑
0
❑
❑ Tabled
Vincent Bettina
Seconder
p
❑
❑
0
❑ Withdrawn
Ismay Czarniecki
Mover
a
0
❑
Michael Kuzmicz
Voter
p
❑
❑
The following Resolution was introduced by Councilman Czamiecki and seconded by
Councilman Bettina.
WHEREAS, the written Petition of Toll Land V Limited Partnership dated
November 20, 2013, executed by James Fitzpatrick, Vice President, Toll Land V Limited
Partnership, owner of 100% of the Regency at Wappinger Subdivision (formerly Hilltop
Village at Wappinger) ("Subdivision"), has been presented to and filed with the Town Board
of the Town of Wappinger, New York requesting the approval of a lighting district to be
known as "THE REGENCY AT WAPPINGER LIGHTING DISTRICT", which is more
particularly described in the Map, Plan and Report prepared by Povall Engineering, PLLC,
filed in the office of the Town Clerk; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the
Regency at Wappinger Lighting District", dated October 18, 2013, last revised May 29, 2014,
and relating to the establishment of the proposed lighting district, were prepared by Povall
Engineering, PLLC, 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
12 of the Town Law; and
WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town
Board on August 11, 2014, 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 September 8, 2014 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 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
September 8, 2014 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 James Fitzpatrick, an officer of Toll Land V Limited Partnership the
Petitioner, appearing in favor of the Petition; and
WHEREAS, pursuant to said petition, it is the intention of the Petitioner, 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 Town Board hereby makes the following findings of fact:
A. The Petitioner a 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.
B. The Petition presented to this Board for the establishment of the REGENCY AT
WAPPINGER LIGHTING DISTRICT was signed and acknowledged as required
by law and are otherwise sufficient.
C. All the property and property owners within the proposed district are benefited
thereby.
D. All the property and property owners benefited thereby are included within the limits
of the proposed district.
E. There will be no hook-up fees for any of the properties within the district.
F. There will be no capital costs assessed to the properties within the district for the
improvements proposed to be constructed.
G. The total estimated cost for operation and maintenance of the proposed
improvements is estimated to be $107.30 per typical property within the district.
H. 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.
I. It is in the public interest to establish the REGENCY AT WAPPINGER
LIGHTING DISTRICT.
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
establishment of the REGENCY AT WAPPINGER LIGHTING 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 lighting 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 lighting district as set forth in the Map, Plan and Report are to be
constructed by the Petitioner, Toll Land V Limited Partnership, wholly at its own expense,
and Petitioner has agreed to convey such improvements to the Town without cost to the
Town of Wappinger and/or REGENCY AT WAPPINGER LIGHTING DISTRICT, free
and clear of any liens or encumbrances; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that
once the lighting 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 as nearly may be 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, Toll Land V Limited Partnership
for any fees or expenses paid in furtherance of 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; and
BE IT FURTHER RESOLVED, ORDERED AND DIRECTED that the
Assessor of the Town of Wappinger is hereby directed to prepare and file a benefit
assessment roll as required by law.
The foregoing was put to a vote which resulted as follows:
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Ismay Czarniecki, Councilwoman
SECONDER:
Vincent Bettina, Councilman
AYES:
Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz
ABSENT:
William H. Beale
Dated: Wappingers Falls, New York
9/8/2014
The Resolution is hereby declared adopted.
P. PAOLONI, TOWN CLERK