2018-86In the Matter of The establishment of Extension No. 6 (Tall Trees Extension) to the United Wappinger
Water District, in the Town of Wappinger, Dutchess County, New York - FINAL ORDER
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 April 9, 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 -2018-86
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❑ Withdrawn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, the Town Board of the Town of Wappinger, Dutchess County, New York, has heretofore
duly caused a map, plan and report, including an estimate of cost, to be prepared by a competent engineer, duly
licensed by the State of New York, which have been filed in the office of the Town Clerk of said Town in
relation to the establishment of Extension No. 6 (Tall Trees Extension) to the United Wappinger Water District
("Extension No. 6 (Tall Trees Extension)"), in said Town; and
WHEREAS, improvements in connection with the establishment of said Extension No. 6 (Tall Trees
Extension), consist 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; and
WHEREAS, the maximum amount proposed to be expended for said improvements is $621,400.00; and
WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations
of the New York State Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, 6 NYCRR
617.5(c)(11) of such regulations provides will not result in any significant adverse environmental impact; 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), the improvements
proposed therefor, the maximum amount proposed to be expended for said improvements, the proposed method
of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk's office for
public inspection, and specifying the 10th 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 hear all persons interested in the subject
thereof concerning the same; and
WHEREAS, such Order was duly published and posted in the manner and within the time prescribed by
Section 209-d of the Town Law and proof of such publication and posting has been duly presented to said Town
Board; and
WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid,
at which time all persons desiring to be heard were duly heard; and
WHEREAS, following said public hearing and based upon the evidence given thereat, said Town Board
duly adopted a resolution on February 26, 2018 determining in the affirmative all of the questions set forth in
subdivision 1 of Section 209-e of the Town Law and a further resolution approving the establishment of said
Extension No. 6 (Tall Trees Extension), such resolution being adopted subject to permissive referendum for
which no petition for referendum was filed; and
WHEREAS, notice of the adoption of said resolution was duly published and posted in the manner
provided by applicable provisions of the Town Law, and proof of said publication and posting has been duly
presented to this Town Board; and
WHEREAS, the engineering plan estimates a $-0- hook up expense for a typical one or two-family
home within the proposed Extension No. 6 (Tall Trees Extension) and an estimated cost to the typical property
therein (one or two family home) in the first year in which, operation, maintenance, debt service and other
charges and expenses are to be paid to be $593.00 to the typical property ($821.86 if grants in aid were not
received), being a one or two family home therein; and
WHEREAS, an application to the Office of the State Comptroller was not required based upon said typical
cost per one or two-family home property in the proposed Extension No. 6 (Tall Trees Extension); and
WHEREAS, a detailed explanation of the manner by which were computed said estimated costs of hook-up
fees and first year costs to the typical properties including typical one or two family homes in said Extension No. 6
(Tall Trees Extension), 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 matter thereof, NOW, THEREFORE, IT IS
HEREBY
ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows:
Section 1. Extension No. 6 (Tall Trees Extension) to the United Wappinger Water District, in the
Town of Wappinger, Dutchess County, New York, is hereby established, to be bounded and described as set
forth in Appendix A attached hereto and made a part hereof.
Section 2. 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, is hereby authorized and
approved. The maximum estimated cost of said Extension No. 6 (Tall Trees Extension), pursuant to these
proceedings for said improvements shall not exceed $621,400.00. Said cost of said improvements for said
District shall be financed by the issuance of not to exceed $621,400.00 serial bonds of said Town maturing in
annual installments over a period not exceeding forty years, payable from a levy upon the taxable real property
in said Extension No. 6 (Tall Trees Extension), in the same manner as other Town charges on an ad valorem
basis, 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.
Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order
to be duly recorded in the office of the Clerk of Dutchess County, New York, within ten days after the adoption
of this order by this Town Board and to file a certified copy thereof within that time in the office of the State
Department of Audit and Control, in Albany, New York, both pursuant to subdivision 1 of Section 209-g of the
Town Law.
Section 4. This Order shall take effect immediately.
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
4/9/2018
The Resolution is hereby duly declared Adopted.
JOS"P P. PAOLONI, TOWN CLERK