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2018-68 (2)01 • A Resolution Making Certain Determinations In Relation To And Approving The Establishment Of Extension No. 6 (Tall Trees Extension) To United Wappinger Water District Of The Town Of Wappinger, Dutchess County, New York, Pursuant To Article 12 A Of The Town Law. 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 February 26, 2018. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2018-68 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Johnston Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of said Town (the "Extension"); WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof, WHEREAS, said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District shall be bounded and described as hereinafter set forth; WHEREAS, the improvements proposed for said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District consists of the installation of an 8" water main with pressure reducing valve vault, including original equipment, machinery, apparatus, appurtenances, land or rights -in -land, and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid map, plan and report; WHEREAS, the maximum amount proposed to be expended for said improvement is $621,400; WHEREAS, said capital project has been determined to be a "Type 11 Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), including 6 NYCRR Part 617.5(c)(11), the implementation of which as proposed, the Town has determined, as so defined, will not result in any significant adverse environmental impact and SEQRA compliance materials are on file in the office of the Town Clerk where they may be inspected during normal office hours, and the establishment of said Extension is likewise a "Type 11 Action"; and WHEREAS, the proposed method of financing the cost of said improvements consists of (a) the expenditure of $375,000 grant-in-aid monies to be received by the Town, and (b) the issuance of not to exceed $246,400 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from an annual assessment upon the several lots or parcels of land in said Extension which the Town Board shall determine and specify to be specially benefitted thereby in proportion to the benefit derived therefrom, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, there are no estimated costs of hook-up fees to the typical property in Extension No. 6 (Tall Trees Extension) to United Wappinger Water District, being a residential single family home, as existing property owners in the proposed Extension are residents of the existing Tall Trees Water Improvement Area; and WHEREAS, the estimated cost of the establishment of the Extension No. 6 (Tall Trees Extension) to United Wappinger Water District to the typical property therein is $593.00 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid (and would be $821.86 if the anticipated grants-in-aid were not received therefor); and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof, and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein and consist of and are coterminous with the boundaries of the Tall Trees Water Improvement Area; and WHEREAS, an Order was duly adopted by said Town Board on September 11, 2017, reciting a description of the boundaries of said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection and specifying the loth day of October, 2017, at 7:30 o'clock P.M., Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The notice of hearing was published and posted as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District; and d) The establishment of said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District is in the public interest. Section 2. The establishment of Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the installation of an 8" water main with pressure reducing valve vault, including original equipment, machinery, apparatus, appurtenances, land or rights -in -land, and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of $621,400, are hereby approved. Section 3. Said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District with boundary as described herein shall be bounded and described as set forth in Appendix A attached hereto and hereby made a part hereof. Section 4. The Town Clerk shall, within ten (10) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. Section 5. This resolution is adopted subject to permissive referendum. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Dated: Wappingers Falls, New York 2/26/2018 The Resolution is hereby duly declared Adopted. JOS/b/JOS/b/il P. PAOLONI, TOWN CLERK