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Establishment Of Regency Lighting DistrictSTATE OF NEW YORK, COUNTY OF DUTCHESS TOWN OF WAPPINGER --------------- ------------------------------- X. In the Matter of the Establishment of REGENCY AT WAPPINGER LIGHTING DISTRICT Petitioner. PE ITI N OF PROPERTY Q__V NER FOR ESTABLISHMENT QF A LI HTIN DISTRICT TO THE TOWN BOARD OF THE TOWN OF WAPPINGER IN THE COUNTY OF DUTCHESS, STATE OF NEW YORK Toll Land V Limited Partnership ("Petitioner's having an office at 60 Merritt Boulevard, Fishkill, New York 12524 being the sole owner of the taxable real property in said proposed Lighting District as shown upon filed plat number 11070B fined in the Dutchess County Clerk's Office on August 27, 2013, does hereby petition the Town Board of the Town of Wappinger to establish a Lighting District known as the HILLTOP LIGHTING DISTRICT, as follows: 1. Petitioner is the sole owner of certain property more particularly described in Appendix "A" of the Engineer's Report made a part hereof. 2. The subdivision has received final subdivision approval from the Town of Wappinger Planning Board and said map is duly filed in the County Clerk's Office as filed plat number 1107B. NOV 2 2 2013 TOWN OF WAPPINGER TOWN CLFR K 13731031445629v1 11120113 s WHEREFORE, the Petitioner requests that the Town Board of the Town of Wappinger establish the Lighting District hereinabove proposed and described and that a Public Heating thereon by held according to law. Dated: New York 20, By: By: STATE OF NEW YORK )SS.. COUNTY OF O( A-S—S ) On the 16-Iay of Ma&d= in the year �. before .me, the undersigned, personally appeared ,;MM55f(TZ?M I CK , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 1373/03/445629v1 11/10/13 NANCY PA1NO Notary Public, State of New York No. 01 PA6215475 4ualified in Dutchess County Commission Expires December 26, 20 �? -3- I 1 Engineer's Report I Regency at Wappinger Lighting District (Formerly Hilltop Village at Wappinger) i All Angels Hill Road Town of Wappinger, New York October 18, 2013 r e r r r is °7502 pRo��ss�NOV 2 2 2013 TOVO4 U�- vVAPP1N%`;')E TOWN CLEF K OVAL L ENGINEERING, PLLC 25 Corporate Park Drive, Suite C Hopewell Junction, New York 12533 Project No. 05=52 POVALL ENGiNEENG, PLLC 1 Introduction Regency at Wappinger All Angels HM Road, Town of Wappinger, NY The Project Sponsor for the Regency at Wappinger (formerly Hilltop Village at Wappinger) project has petitioned the Town of Wappinger Town Board to form a Lighting District encompassing Parcel 1 of the property and to provide minimum levels of street and common area lighting within the proposed project. The District is to be known as the Regency at Wappinger Lighting District. 1.1 Purpose The purpose of this report is to establish the engineering and other data necessary to support formation of this Lighting District including a description of the area proposed for service, a project costs, method of description of the proposed improvements to be installed, projected financing, and all other necessary items for project implementation. 1.2 Background The Town of Wappi.nger Planning Board adopted a Resolution of Site Development Plan and Wetlands Permit Approvals for project on March 18, 2013. The Regency at Wappinger projects is a 225 unit age -restricted, gated residential development on lands that were rezoned to RMF -3, Multi - Family Residence District The project includes all necessary appurtenances including lighting for a complete residential community. 2 Service Area The property to be included within the proposed Lighting District is located wholly in the Town of Wappinger. The proposed Lighting District is generally located on the western side of All Angels N Hill Road (CR 94). This Lighting District includes and is specifically intended to include Parcel 1 consisting of 141.704 acres. The Lighting District is more fully described in Avner gndix A and the Lighting District boundaries are set forth on the Lighting District Boundary Map shown in Fi"e 1. The property was rezoned from R-40 and COP to RMF -3, Multi -Family Residence District. The proposed development is fully consistent with the requirements of this zoning district. In accordance with those requirements and the approved Site Plan, no portion of the property included within the Lighting District is available for future development. 3 Proposed Improvements The most efficient, service oriented, cost effective approach for providing lighting for the proposed Lighting District is to enter into an agreement with Central Hudson Gas & Electric Corp. (CHG&E) fox the operation and maintenance of the necessary lighting under the terms and conditions of their existing tariff, Service Classification No. 8, Public Street and Highway Lighting, Rate Class A, wholly company owned and maintained. A copy of the Applicable Tariff is provided in AAdix BB W R..\pe-mydoc\0500\0552\1-ighting Dietriet\LightingDistrict 2013-1018(cmz).docs is FPOVA L L Regency at Wappinger klNGll RING, PILJjFL All Angels Hill Road, Town of Wappinger, NY The cost for each luminaire does not include the cost of electricity. For the purposes of this analysis the electric charge is based on the annual kWh usage of each fixture and a conservative rate if $0.10 per kW -hr. The estimated annual charges are as follows; Lights 33 fixtures x $497.35/fixture/yr = $16,412.55 Electric 33 fixtures x 820 kW-hr/fixture/yr x $0.10/kW-hr = $2,706.00 Wire Charge 10,470 ft x $0.04/ft-mo x 12 mo/yr = $5,025.60 Total $24,144.15 Bills are rendered on a periodic basis throughout the year. The actual amount billed on a monthly basis is based on the number of luminaires in service as of the first day of that calendar month. 4.2 Construction Costs There are no construction costs associated with this project, as all such costs are being borne by the Project Sponsor as part of the construction associated with the necessary improvements for the project. 4.3 Town Administrative Charges The Town Board, as part of the cost associated with the Lighting District formation, is permitted to apportion the costs of legal, engineering and all other administrative services rendered or provided by reason of the proposed improvements to the Lighting District or the formation of said Lighting District. In this case, all such costs are being borne by the Project Sponsor, therefore, the first year Lighting District charges do not include any administrative cost. Subsequent years may include administrative charges associated with the Lighting District's management, operation and maintenance, and repair of the Lighting District facilities. 4.4 Total Project Costs The total estimated cost for operation and maintenance of the Lighting District, since all construction and administrative costs are being borne by the Project Sponsor, is $24,144.15 per year. 5 Project Financing and Apportionment of Costs 5.1 General The Town of Wappinger Town Board is responsible for the method of management, operation, maintenance and repair of Lighting District facilities. The costs associated with such management, operation, maintenance and repair shall be levied and collected in the manner prescribed by the Town Board at the time of District formation. The apportionment of costs associated with Lighting District management, operation, maintenance and repair is to be annual and is to be assessed on each unit within the Lighting District in proportion to the benefit the proposed improvements confer upon such units. The units within the proposed Lighting District are single family homes and attached single-family townhouses, all 3 R:\pe-mydoc\0500\0552\Lighting Disttict\Lighting District 2013-101 B(cmz).doer iPP SVA L L Regency at Wappinger jF ENGINEERING PLLC All Angels Hill Road; Town of Wappinger, NY on 4. The Town Board adopts a Resolution setting a public hearing in the matter of the Lighting District formation. 5. The Town Board conducts the public hearing on the proposed Lighting District formation. The Town Board closes the public hearing and may authorize modifications to the proposal based on public input. G. providing no modifications to the proposal are authorized, the Town Board adopts a. Final Resolution authorizing the formation of the Regency at Wappinger Lighting District, 7. The Town Board adopts the necessary Resolution confirming the Street Light Authority Order with CHG&E for the facilities of the Lighting District and authorizes the Supervisor to sign on behalf of the Lighting District. on w I r r ■ R:\pc-mydoc\0500\0552\T. gl,i6ng District\Lighting District 2013-1018(c=).docs 0 5 I 0 Ll n C 0 0 n n WILLIAM H. Pgvau NI, P.F.REGENCY Q i WAPPlNGER JOB #: 0552 N.Y.S.PA LICENSE #075420 P SVA L L DATE, V0--7 r3 r 26%ffi IBCORPORATEPCTION, SUITE LIGHTING DISTRICT HOPEWELL JUNCTION, NY J2599 SCALE: 1 "=700 ENGINEERING, PLLC TFL.: (845) 897-8205 FIGURE 1 FAX: (845) 697-0042 TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK October 18, 2013 SURVEY DESCRIPTION Regency at Wappinger Lighting District Town of Wappinger, New York All that tract or parcel of land situate in the Town of Wappinger, County of Dutchess, State of New York being Parcel 1, as shown on a filed map entitled "Hilltop Village At Wappinger, Subdivision Plat", said filed map being filed in the Dutchess County Clerk's Office on August 27, 2013, as filed map no. 11070B, bounded and described as follows: Beginning at a point on the westerly side of All Angels Hill Road (CR 94), said point being the northeasterly comer of lands now or formerly Rencricca and the southeasterly corner of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A); thence along said lot line South 6948-29 West 5.06 feet the TRUE POINT OR PLACE OF BEGINNING; thence along said lot line South 69-48-29 West 390.71 feet to a point; thence South 20-11-31 East 190.06 feet to a point, said point being the northeasterly corner of the Rich Drive right of way; thence South 69-48-29 West 50.00 feet to a point, said point being the on the southerly lot line of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the southeasterly corner of land now or formerly Zammiello; thence along said lot line North 20-I1-31 West 176.28 feet to a point; thence South 66-48-29 West 425.30 feet to a point; thence South 62-52-56 West 530.04 feet to a point; thence through lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) North 27-07-04 West 14.80 feet to a point; thence South 62-52-56 West 72.56 feet to a point; thence South 27-07-04 East 74.77 feet to a point; thence North 62-52-56 East 22.53 feet to a point, said point being on the eastern lot line of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the western street boundary of Sylvia Drive; thence along said lot line South 27-07-04 East 76.49 feet to a point, said point being the northeasterly corner of lands now or formerly Bosaz; thence along said lot line South 62-52-56 West 201.69 feet to a point; thence South 22-23-49 East 279.69 feet to a point; thence South 71-07-26 West 141.74 feet to a point; thence South 73-33-13 West 516.73 feet to a point; thence South 50-52-03 West 689.55 feet to a point; thence South 15-34-27 West 235.06 feet to a point; thence North 50-23-59 West 408.95 feet to a point; thence North 77-04-11 West 208.48 feet to a point; thence North 81-36-42 West 452.74 feet to a point; thence South 83-30-32 West 171.57 feet to a point; thence North 28-41-00 West 276.27 feet to a point; thence South 74-14-04 West 191.52 feet to a point; thence South 32-50-48 West 367.68 feet to a point; thence North 14-35-43 West 763.82 feet to a point; thence North 63-36-44 East 156.55 feet to a point; thence North 16-13-40 West 482.42 feet to a point; thence North 16-42-40 West 256.79 feet to a point, said point being the westerly corner of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the southerly corner of lands now or formerly Schiesel; thence along said lot line North 66- 22-10 East 1,682.06 feet to a point; thence North 66-13-55 East 29.25 feet to a point, said point being the westerly corner of lands now or formerly R & R Realty Associates; thence along said lot line South 23-16-12 East 593.68 feet to a point; thence North 66-13- a central angle of 54-30-44 and an arc length of 23.79 feet to a point of reverse curvature having a radius of 52.50 feet, a central angle of 92-03-27 and an are length of 84.35 feet to a point of reverse curvature having a radius of 25.00 feet, a central angle of 38-26-25 and an are length of 16.77 feet to the point or place of beginning. Containing 7.033 acres of land, more or less. Parcels on north side and south side of Road A Right -of -Way forming Parcel 1, containing 141.613 acres of land, more or less. ■ f PSC NO: 15 ELECTRICITY COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION INITIAL EFFECTIVE DATE: 06/25/04 LEAF: 2X5 REVISION: 3 SUPERSEDING REVISION: 2 APPLICABLE TO US� OF SERVICE FOR Sales and delivery of electric power supply by the Company or delivery of electric power supply provided by a Retail Supplier to customers for use in the lighting of streets, highways, roadways and ways open to public use for the State " of New York, counties, townships, cities and incorporated villages. CHARACTER OF SERVICE Photo -controlled lighting from dusk to dawn supplied from secondary voltages as designated by the Company for a total of approximately 4,000 hours per year. The Company shall own, operate anis maintain all facilities used to supply service hereunder unless the customer elects to own and maintain their own fixtures. ' The Company shall furnish, operate, maintain, repair and when necessary replace all luminaire equipment, including all lamps and photocells used in furnishing lighting from Company owned fixtures. For customer owned fixtures which are selected and purchased in accordance with standards for Company owned fixtures, the Company shall maintain, repair and when necessary replace all lamps and photocells. Maintenance for non-standard customer owned fixtures shall be limited to lamps and photocells, provided the lamps and/or photocells correspond -to standard Company maintained materials. The customer shall be responsible for maintaining special or ornamental customer poles used to support customer owned luminaires. LINE EXTENSIONS If an extension is required from an existing underground or overhead circuit to provide street lighting, the customer will pay the Company for the costs incurred or install at their cost all footage in excess of 100 feet of wire for overhead circuits and 25 feet of wire for underground circuits. The customer shall be responsible for the trench and conduit. The Company will own and maintain all such circuits. XTBERGLAS9 29149 INSTALLATION If a fiberglass pole installation is required, the customer shall provide a concrete base or acceptable foundation. PSC NO: 15 ELECTRICITY 1,000 Incandescent 92 368 LEAF: 2I7 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 11 INITIAL EFFECTIVE DATE: 07/01110 2,500 Incandescent SUPERSEDING REVISION: 9 Issued in Compliance with Order in C.09 -E-0588 dated June 18, 2010 149.04 154.23 159.35 295 4,000 Incandescent 295 1,180 178.83 185.05 191.19 S PEATION NOA (Cont'd) Incandescent 405 LIC ST 204.85 Y (Cont'd) RATES (Cont'd) A. Company Owned and MMbAiaAd (Cont'd) 3,600 Mercury Vapor 126 504 143.38 148.37 153.30 ' 175 7,000 Mercury Vapor 1) Sitandard Lig ,a 832 155.29 160.69 166.02 250 a Annual Service Mercury Vapor 296 1,184 168.44 174.30 180.09 400 15,000 Annual Charge Effective 1,820 Lamp Lamp Lamp Fixture Annual July 1, July 1, July 1, watts LUMM 1W_Wattase 1,820 kWh 2010 210.12 1000 60,000 Mercury Vapor 1,080 4,320 288.33 298.36 70 5,800 Sodium Vapor 86 344 $139.58 $144.44 $149.24 150 16,000 Sodlum Vapor 180 720 155.14 160.54 165.87 „ 250 27,000 Sodium Vapor 316 1,264 188.09 194.64 201.10 400 50,000 Sodium Vapor 4% 1,984 212.12 219.50 226.79 1000 140,000 Sodium Vapor 1,164 4,656 351.27 363.49 375.56 ' 250 20,500 Metal Halide 300 1,200 213:99 221.44 228.79 460 36,000 Metal Halide 464 1,856 207.67 214.90 222.03 2) Nor-StandMd tM The following charges apply to existing lights only. These lights are no longer replaced in kind or installed at new locations. a A.nnua[ Ser_vic,e Annual CWW Effective ■ Lamp Lamp Lamp Fixture Annual July 1, July 1, July 1, Lumens ire Watfeg4 M 0U 2012 ' 92 1,000 Incandescent 92 368 $I12.68 $116.60 $120.47 189 2,500 Incandescent 189 756 149.04 154.23 159.35 295 4,000 Incandescent 295 1,180 178.83 185.05 191.19 405 6,000. Incandescent 405 1,620 204.85 211.98 219.02 100 3,600 Mercury Vapor 126 504 143.38 148.37 153.30 ' 175 7,000 Mercury Vapor 208 832 155.29 160.69 166.02 250 11,000 Mercury Vapor 296 1,184 168.44 174.30 180.09 400 15,000 Mercury Vapor 455 1,820 196.53 203.37 210.12 400 20,000 Mercury Vapor 455 1,820 196.53 203.37 210.12 1000 60,000 Mercury Vapor 1,080 4,320 288.33 298.36 308.27 Issued by: Michael L. Mohm Vice Figidea Pgu&bsie No mork Issued by: Michael L. Mosher, Vice President, Pou¢hkeepsie, New Ygrk raaac....ivi iJGf.ci V fJ Vi/LVi PSC NO. 15 ELECTRICITY LEAF: 218.1 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 9 INITIAL EFFECTIVE DATE: 07/01/10 SUPERSEDING REVISION: 7 Issued in Compliance with Order in C.09 -E-0588 elated June 18, 2010 �` SRItVICE CLASSIFICATION N4.8 (Cont'd) PUBLIC STREET AND HIGHWAY L= (Cont'd) RATES (Cont'd) A. (Cont'd) 4) M&rd Decorative d aRecial PuMose a. Annual Service Lamp Lamp Lamp Fixture Annual Annual Charge Effective Em Tytte Watraee Fixture kWh Juix 1.201D_ July 1.2011 1fly 1-2012 70 5,800 Sodium 86 Acorn 344. $176.59 $182.74. $188.91 Vapor Dec. 85 6,000 Induction 85 Acorn 340 239.53 247.87 256.I0 Dec. 175 14,000 Metal 205 Acorn 820 223.50 231.28 238.96 Halide Dec. 150 16,000 Sodium 180 Victorian 720 227.55 235.47 24329 Vapor Gaslight 250 27,000 Sodium 316 highway 1,264 215.92 223.43 230.85 Vapor Setback 400 50,000 Sodium 496 Highway 1,984 242.76 251.21 259.55 Vapor Setback 250 20,500 Metal 300 Highway 1,200 247.39 256.00 264.50 Halide Setback r 400 36,000 Metal 464 Highway 1,856 240.91 249.29 257.57 Halide Setback 400 50,000 Sodium 496 Flood 1,984 224.67 232.49 240.21 Vapor light 400 36,000 Metal 464 Flood- 1,856 215.34 222.83 230.23 Halide light 1000 110,000 Metal 1,100 Flood- 4,400 369.91 382.78 395.49 Halide 1i& 250 27,000 Sodium 316 Dec. 1,264. 260. 13 269.18 278.12 Vapor Teardrop 400 50,000 Sodium 496 Dec. 2,480 305.14 315.76 326,24 Vapor Teardrop 250 20,500 Metal 300 Dec. 1,200 281.87 291.68 301.36 Halide Teardrop 400 36,000 Metal- 464 Dec. 1,856 288.94 299.00 308.93 Halide Teardrop Issued by: Michael L. Mosher, Vice President, Pou¢hkeepsie, New Ygrk ' auvc�iva �n�ef U J/ UilLUtl PSC NO: 15 ELECTRICITY LEAF: 219 COMPANY: CENTRAL, HUDSON GAS & ELECTRIC CORPORATION REVISION: 10 INITIAL EFFECTIVE DATE: 07101/10 SUPERSEDING REVISION. 8 Issued in Compliance with Order in C.09 -U588 dated June 18, 2010 r I r f 0 F SERVICE _CLASST MMION NQ._ 8 (Coned) XUBLIC STREET = HIGHWAY LING T i (Coned) RATES (Coned) B. Customer Ownedly Mains a (Coned) 2) dard UghU The following charges apply to existing lights only. These lights are no longer replaced in kind or installed at new locations. a. Annual Service Annual Charge Effective Lamp Lamp Lamp Fixture Annual July 1, Iuly 1, July 1, LAM Lum bu Eww kWh W-0 ;L0111 2w 100 9,500 Sodium Vapor 146 584 $56.09 $58.04 $5997 92 1,000 Incandescent 92 368 69.61 72.03 74.42 189 2,500 Incandescent 189 756 = 92.27 95.48 98.65 295 4,000 Incandescent 295 1,180 108.45 112.22 115.95 405 6,000 bwandescent 405 1,620 140,80 145.70 150.54 620 10,000 incandescent 620 2,480 171.85 177.83 183.73 Vapor 175 7,000 Mercury 208 832 64.34 66.58 68.79 Vapor 250 11,000 Mercury 296 1,184 77.41 80.10 82.76 Vapor 400 15,000 Mercury 455 1,820 103.84 107.45 111.02 Vapor 400 20,000 Mercury 455 1,820 103.84 107.45 111.02 Vapor 1000 60,000 Mercury 1,080 4,320 195.12 201.91 208.61 Vapor Issued by: Michael L Moshor, Vice President Paughkeepde_New Yo�1c a a I 4LOL:LI VC LdLtl: 1LJ U1/L{fd PSC NO: 15 ELECTRICITY LEAF: 221 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 10 INITIAL EFFECTIVE DATE: 12/01/10 SUPERSEDING REVISION: 9 SERVICE CLASSIFICATION NO.8 (Cont'd) PUBLIC EMT ADM MgMAX (Cont'd) C. Customer Owned and Maintained (Coned) 2) i l,c km a. A_nnuat,Servica July 1 2012 Lamp Lamp Lamp Fixture Watts Lumens -TM 4 .Wattage 92 1,000 Incandescent 92 189 2,500 incandescent 189 405 6,000 Incandescent 405 175 7,000 Mercury Vapor 208 250 11,000 MercuryVapor 296 400 20,000 MercuryVapor 455 Annual Annual Charge Effective km July -1. 2010 Lujy 1. 2011 July 1 2012 368 $21.95 $22.71 $23.46 756 35.96 37.21 38.45 1,620 67.15 69.49 71.80 832 38.70 40.05 41.38 1,184 5I.41 53.20 54.97 1,820 74.37 76.96 79.52 The annual kWh and annual charges for Light Emitting Diode (LED) fixtures applicable under this Schedule will be shown on a statement filed with the Public Service Commission apart from this Schedule. Not less than fifteen days prior to any changes in LED fixture options a revised statement, including the changes, will be filed with the Public Service Commission. 3) In cases where the wattage is not listed in 1) or 2) above, the annual charge will be based on usage determined in the following manner: Annual kWh - (Fixture Wattage i-1,000) X 4,000 Burning Hours Per Year Issued by: Michael L. Mosher. Vice EMsWgM.Pau like s'e w Y PSC NO: 15 ELECTRICITY LEAF: 222.1 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 7 INITIAL EFFECTIVE DATE. 07/01/09 SUPERSEDING REVISION: 6 Issued in Compliance with Order in C.08 -E-0887 dated June 22, 2009 SERVICE CLA0U3CATI0 NQ, 8 (Cont'd) EUNK ,_,T KIJE AND HIG)F�� Y UQ=KG (Cont'd) SYSTEM BENEFITS CIXARGL,EMMEABLE PORMLIQ S_,,, TANDAU C $ N GY COST ApALmog MECHANISM W=K BILI. CREDIT. MERCHANT FUNCTION CAARGE. AND NEw YORK STATE ASSESSMENT Boldts gjAw The System Benefits Charge (SBC), as described in General Information Section 36.A, shall apply to all electricity delivered under this Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Renewable Portfolio Standard Charge The Renewable Portfolio Standard Charge, as described In General Information Section 36,C, shall apply to all electricity delivered under this Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Purchased er AWustment and Mise ll The provisions of the Company's Purchased Power A41ustment and Miscellaneous Charges, as described in General Information Section 29, shall apply to all electricity delivered under this Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set firth hereunder. _Electric Rig Credit The Electric Bill Credit, as described in General information Section 36.B, shall apply to all customers served under this Service Classification. Market e Chem @Rd MWket Prize A ' The provisions of the Company's Market Price Charge and Market Price Adjustment, as described in General Information Section 29, shall apply to the electricity provided and sold by tate Company under this Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Customers participating in the Retail Access Program as described in General Information Section 35 shall not be subject to these charges. Issued by: , ichael L. Mosher. Vico President, Pio git�egpsie„ NIew 'York ..DID: 17604 ..TXT: PSC NO: 15 ELECTRICITY LEAF: 223 COMPANY: CENTRAL HUDSON GAS &.ELECTRIC CORPORATION ,REVISION: 2 INITIAL EFFECTIVE DATE: 11./01/01 SUPERSEDING REVISION: 1 STAMPS: Issued in Compliance with Order.in C.00 -E-1273 dated October 25, 2001 RECEIVED: 10/31/01 STATUS: Effective EFFECTIVE: 11/01/01 PUBLIC SIREEZ-MD HIGHWAY • • SPECIAL PROVISIONS The numbering of the paragraphs hereunder begins with the above service . classification number. 8.1 No more than 5% of the Company Owned Lights in any municipality shall be replaced in any year unless otherwise approved by the Company in writing. 8.2 The Company, at the customer's request, will change the type or size of lights at existing locations, install, lights at new locations and remove existing lights provided that the design of all new lights and supports must be approved by the Company. 8.3 The Company shall have the right to remove any Company owned equipment, or to discontinue service to customer owned equipment, which in the opinion of the Company shall have become unsatisfactory' for further service by reason of deterioration, civil commotion, state of war, explosion, fire, storm, flood, lightning or any other cause reasonably beyond the Company's control. Replacement shall be limited to equipment considered appropriate by the Company at the date of re -installation. 8.4 The Company shall not be obligated to repair or replace in kind any non- standard luminaire. The Company will remove the non-standard luminaire or, at the customer's request, replace it with any standard luminaire offered for service at that time for which the customer will be charged the appropriate rates. 8.5 As a condition of receiving service hereunder, the customer authorizes the Company, insofar as it lawfully may, to trim, cut, remove and to keep trimmed, cut and remove any trees and all other obstructions which, in the opinion of the Company, interfere with or may tend to interfere with the construction, operation and maintenance of the Company's service provided hereunder. Tree trimming required for light distribution on the highway, street and/or sidewalk surfaces is the responsibility of the customer, and shall be done by the customer or at the customer's expense. ..+......7 . n• J, n..a' _.. r� rtn 4 1987 A.. -A nK W%A1 VPOVALL ENGINEERING, PLLC p: 845.897.8205 25 Corporate Park Drive, Suite C William H. Povall III, P.E. 1: 845.897.0042 Hopewell Junction, N.Y. 12533 Professional Engineer: NY, PA, VT, WV, OH, KY, WY & TN www.PovallEngineering.com Certified Professional in Erosion & Sediment Control (CPESC) November 21, 2013 Supervisor Barbara Gutzler and Town Board Members Town of Wappinger Town Board 20 Middlebush Road Wappingers Falls, NY 12590 RE: Regency at Wappinger (forrnerly Hilltop Village at Wappinger) Lighting District Petition All Angels Hill Road, Town of Wappinger, Dutchess County, NY Tax Grid #6257-02-630770 (Filed Map #11070B Parcel l) Dear Supervisor Gutzler and Town Board Members: On behalf of the Owner/Applicant, Toll Land V Limited Partnership, we are submitting the enclosed petition to create a Lighting District for the Regency at Wappinger (formerly Hilltop Village at Wappinger) project. The most efficient, service oriented, cost effective approach to provide lighting for the Regency at Wappinger is to enter into an agreement with Central Hudson Gas & Electric Corp. (CHG&E) for the operation and maintenance of the lighting under the terms and conditions of their existing tariff, Service Classification No. 8, Public Street and Highway Lighting, Rate Class A, wholly company owned and maintained. In order for CHG&E to own and maintain the lighting within the Regency at Wappinger, a Lighting District must be created. The proposed Lighting District will encompass Parcel 1 of Filed Map #11070B. CHG&E will own and maintain the poles, fixtures, brackets, photocells, and lamps. CHG&E will supply all electricity used for such street lighting and will replace all associated hardware when necessary and reasonable. The proposed Lighting District will pay an annual charge based on the size and type of lighting package placed into service. In support of the Lighting District petition, we have enclosed the following: • 6 copies of the Lighting District Petition. • 6 copies of the Regency at Wappinger Lighting District Engineer's Report dated 11/18/13. NOV 2 2 2013 1 TOWN OF WAPPINGER WILLAMH. POVALL m, P.E.REGENCY AT WAPPINGER JOB #. 0552 fOPOVALL N.YPORA. LICFNS DR, St20 AAM 1WIV13 ?5CORPORATEPARK AI,N 1253 C LIGHTING DISTRICT SCALE. 1 -7W HOPEWELL JUNCTION, NY 125J3 ENGINEERING, PLLC TEL.; x845) 897-8205 FIGURE t FAX.(845) 887.0042 TOWN OFWAPPINGER OUTCHESS COUNTY, NEW YORK 2014-218 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: The following Resolution was introduced by Councilman Czarnecki 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 ` Alap, 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 0 Adopted _ _.. __- _... ........ _... Yes/Aye No/Nay Abstain Absent Adopted as Amended Barbara Gertzler __ .... Voter ❑ © ❑ 13Defeated William H Beale Voter F o - ❑ ... _ .. ❑ Tabled Vincent $emna Seconder 0 p a...... a..__.. ❑ Withdrawn Ismay Czamiecla Mover _ H Q 1vlichaef d{nzmicz Voter ® _.O ...-._......... O - The following Resolution was introduced by Councilman Czarnecki 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 ` Alap, 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 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 5195 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 Czamiecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale Dated: Wappingers Falls, New York 9/8/2014 The Resolution is hereby ,dul� declared adopted. P. PAOLONI, TOWN CLERK AFFIDAVIT OF PUBLICATION FROM RITA LWBARV being duly sworn says that he/she is the principal clerk of THE POUGHKEEPSIE JOURNAL, a newspaper published in the County of Dutchess and the State of New York, and the notice of which the annexed is a printed copy, was published in the newspaper on the date (s) below: Ad Number: Start Date: Run Dates: .nyi iawi c Sworn to before me, this f _, day of au 4 20J Notary Signature My Commission Expires rr Zn .ROSE ANN SIMPSON Notary.Public - State of New ark him 01SI6215893 Qualified in Dutchess Comer My C6=dssion Expires January 04,`2048 a vwrtt's Lar' WW04r'F''iffqtrF49 Ilii P_O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER F_ Poughkeepsie Journal 7 CLAIMANT'S NAME AND ADDRESS L TERMS Order No DONOT WRITE IN THIS BOX Dale Vow cher Received FUND -APPROPRIATION AMOUNT ABSTRACT NO - VENDOR'S REP NO. TOTAL DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE ad # 70968- Acct. 288101- 8/27/2014 Hearing- United Wapp. W&ter Dist.. 64 25 ad # 70595- Bond Resolution - Roof 129 24 ad # 64136- Hearing- Prestige Mina. 48 62 ad # 70956- Hearing- The Regency at Wapp. Lighting 188. 41 TOTAL AMOUNT Rita Lombardi I, certify that the above account in the amount of $ is true and correct. that tho items, services, and disbursements charged re rendered to or for the municipality on the dates slated; that no part has been paid or satisfied; that taxes, from which the municipality is attempted, are nor included; and that the amount claim s actually due 7/27/2014 Principal Clerk DATE SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to `lie municipality on the dates stated and the charges are correct APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE AUTHORIZED OFFICIAL I I DATE COMPTROLLER WAPPINGER TOWN OFFICE Aaencv: WAPPINGER TOWN OFFICE P.O. BOX 324 WAPPINGERS FALLTIY 12590 Acct: POU -288101 WAPPINGER TOWN OFFICE Client: P.O. BOX 324,20 MIDDLEBUSH RD WAPPINGERS FALLS, NY 12590 Acct No. POU -288101 The Poughkeepsie Journal P. O. Box 822837 Philadelphia, PA 19182-2837 # Col X# Ad # Advertisement/Description Zone Dates Lines Cost 0000070956 NOTICEOFADOPTIONOFORD 08/27/14 3 Con 102 ERCALLINGPUBLICHEARIN lines $148.41 GONTHEESTABLISHMENTOF THEREGENCYATWAPPINGE Agency Commission -15% 0.00% $0.00 Gross Subtotal: $148.41 Affidavit of Publication Charge 2 $40.00 Net Total Due: $188.41 The Poughkeepsie Journal P. O. Box 822837 Philadelphia, PA 19182-2837 NOTICE OF ADOPTION OF ORDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF THE REGENCY AT WAPPINGER LIGHTING DISTRICT PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger, Dutchess County, New York on the 11th day of August 2014, duly adopted the Order published herewith calling a public hearing. ORDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF THE REGENCY AT WAPPINGER LIGHTING DISTRICT WHEREAS, the written Amended Petition of Toll Land V Limited Partnership dated executed June G, 2014 by James Fitzpatrick, an officer of Toll Land V Limited Partnership, 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 attached Map, Plan and Report for the REGENCY AT WAPPINGER LIGHTING DISTftICT(formerly Hilltop Village at Wappinger) dated October 18, 2013, last revised May 29, 2014, prepared by Povall Engineering, PLLC, filed in the office of the Town Clerk; and WHEREAS, Toll Land V Limited Partnership is the owner of 100% of the property contained in the proposed lighting district; and WHEREAS, the properties to be included within the REGENCY AT WAPPINGER LIGHTING DISTRICT consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the Map, Plan and Report for the REGENCY AT WAPPINGER LIGHTING DISTRICT (formerly Hilltop Village at Wappinger) dated October 18, 2013, last revised May 29, 2014 and relating to the establishment of the proposed lighting district, was 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, the improvements proposed consist of the construction and maintenance of a lighting system to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report and which is hereby approved and adopted by this Town Board and is now on file in the office of the Town Clerk; and 1 3 73/0 3/459 1 73v2 8127114 WHEREAS, the Petitioner, Toll Land V Limited Partnership, shall construct said lighting system at its own expense and upon completion to transfer said lighting system to the Town of Wappinger and/or REGENCY AT WAPPINGER LIGHTING 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, Toll Land V Limited Partnership; and WHEREAS, Toll Land V Limited Partnership shall install all improvements referenced in the Map, Plan and Report and dedicate same to the District upon completion thereof; and WHEREAS, the improvements proposed consist of the construction and maintenance of a lighting system to serve the properties within said District in accordance with certain plans incorporated in the Map, Plan and Report and 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 maintenance of all lighting easements and incidental improvements and 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 and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion as may be 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, Pian and Report, including an estimate of costs have been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Lighting District of the Town of Wappinger, Dutchess County, New York, to be known as the REGENCY AT WAPPINGER LIGHTING DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, there are no hook-up fees proposed to the typical property in the REGENCY AT WAPPINGER LIGHTING DISTRICT; and WHEREAS, the estimated cost of the REGENCY AT WAPPINGER LIGHTING DISTRICT for the first year budget will be approximately $22,489.20, resulting in a cost to the typical property therein of One Hundred Seven and 30/100 ($107.30) Dollars per typical property; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the REGENCY AT WAPPINGER LIGHTING DISTRICT is contained within the aforesaid Map, Plan -2- 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 manner thereof; and WHEREAS, the Town Board determines that the creation of this Lighting District is a Type II action as defined in 6 NYCRR 617.3 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 Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the REGENCY AT WAPPINGER LIGHTING DISTRICT, all pursuant to §209-d of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 8th day of September 2014 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the REGENCY AT WAPPINGER LIGHTING DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or as shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class Frail, a copy thereof to each owner of taxable real property within the proposed REGENCY AT WAPPINGER LIGHTING DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten not more than twenty days before the day set for the hearing as aforesaid. 4_ This Order shall take effect immediately. -3- The Order was thereupon declared duly adopted. Dated: August 11, 2014 BY ORDER OF THE TOWN OF THE TOWN OF WAPPINC� BOARD r OSEPH P. PAOLONI, TOWN CLERK- me LERK me EX MMIT A" The proposed District shall consist of all land being the parcel as shown on a filed map entitled "Hilltop Village at Wappinger, Subdiv=ision Plat. The said filed map being filed in the Dutchess County Clerk's Office on August 27, 2013, as filed map no. 11070b District shall include all easements and streets dedicated to the Town that are within the subdivision limits. The total area of the District is 141.704 + acres. 13731031459173v2 8/27/14 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York depose and say: That on the 27th day of August, 2014, I caused to be posted on the official signboard maintained by me pursuant to Subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 11th day of August, 2014. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. --? Subscribed and sworn to before this 27th y of August, 014 Notary Public �- 7104 �ypOTCT�p \ STATEOF oNEW �YOr�° O11.I6199007 1 3 73/03/4 591 73x2 8/27119 H "AOLONI, Town Clerk ����e ;^� �_' �';: �� � ��� �$t�t"IC� �a 'Cr iv��,�� - _.-y- .. - 2014-195 Order Calling Public Hearing On The Establishment Of 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 August 11, 2014. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councihnembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarnecki Michael Kuzmicz The following Resolution was introduced by Councilwoman Czarnecki and seconded by Councilman Kuzmicz. WHEREAS, the written Amended Petition of Toll Land V Limited Partnership executed June 6, 2014, by James Fitzpatrick, an officer of Toll Land V Limited Partnership 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 for the REGENCY AT WAPPINGER LIGHTING DISTRICT (formerly Hilltop Village at Wappinger) dated October 18, 2013, last revised May 29, 2014, prepared by Povall Engineering, PLLC, (the Map, Plan and Report) filed in the office of the Town Clerk; and WHEREAS, Toll Land V Limited Partnership is the owner of 100% of the property contained in the proposed lighting district; and WHEREAS, the properties to be included within the Lighting District consist of those properties described in Appendix "A" of the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, was 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, the improvements proposed consist of the construction and maintenance of a lighting system to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report and 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, Toll Land V Limited Partnership, shall construct said lighting system at its own expense and upon completion, transfer said lighting system to the Town of Wappinger and/or the REGENCY AT WAPPINGER LIGHTING DISTRICT, without any cost to the Town, and all costs and expenses occasioned by the creation of this Lighting District shall be borne by the Petitioner, Toll Land V Limited Partnership; and WHEREAS, Petitioner 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 REGENCY AT NVAPP]NGER LIGHTING DISTRICT shall consist of poles, fixtures, photocells, lamps and lines, as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of all easements and incidental improvements and 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 and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion as may be 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 have been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Lighting District of the Town of Wappinger, Dutchess County, New York, to be known as the REGENCY AT WAPPINGER LIGHTING DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, the estimated cost of the REGENCY AT WAPPINGER LIGHTING DISTRICT for the first year budget will be approximately $22,489.20, resulting in a cost to the typical property therein of One Hundred Seven and 30/100 ($107.30) Dollars per typical property; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the REGENCY AT WAPPINGER LIGHTING 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 manner thereof, and WHEREAS, the Town Board determines that the creation of this Lighting District is a Type II action as defined in 6 NYCRR Part 617 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, it is now desired to call a public hearing upon the question of the establishment of the REGENCY AT WAPPINGER LIGHTING DISTRICT, all pursuant to § 193 of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2_ Public Hearin . The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the I1th day of August, 2014 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the REGENCY AT WAPPINGER LIGHTING DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or as shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed REGENCY AT WAPPINGER LIGHTING DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 8/11/2014 The Resolution is herby dply*clared adopted. P.—PAOLONI, TOWN CLERK 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 11t, day, of August, 2014, 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 fat as the same related to the subject 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 Date gjven Poughkeepsie Journal 01/06/2014 Southern Dutchess 01/06/2014 1 3 7310 3145 9 1 73v2 8127114 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 Town Hall Sign Board 01/06/2014 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 27th dap of August, 2014. (Corporate Seal) -2- Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2014 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion Successively, in each week, commencing on the 27th day of Aug- in the year of 2014 and on the following dates thereafter, namely on: And ending on the day of in the year of 2014 both days inclusive. /Suiocribed swornto before me this d-1 day of in the yep -of 2014._ Lt'z e— Notary Pubkc My commission expires IZ " ROSE ANN SIMPSON Notarg,Public - State of New York No. OIS16215893 Qualified in Dutchess County My Commission Expires January 04, 2018 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #89738 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 08/27/14. Sworn to before me this 27th day of August, 2014 NARCY HY UKE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2018 Southern Dutchess News 84 East Main Street Wappingers Falls, NY 12590 (845) 297-3723 Fax (845) 297-6810 TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Issue Dates Description INVOICE 08/26/14 Phone: 845-297-5771 Your sales representative is: Legal Ads Amount In Southern Dutchess News and Beacon Free Press: LEG: LEGALS 08/27/14 Legal Notice - 438 Lines $ 177.39 #89738 NTC ADOPT REG AT WAPP LIGH 0.00 Affidavit Charge - 2 50.00 TOTAL CHARGES ----------> $ 227.39 (Ad #89738) TOWN OF WAPPINGER, NY Pfl- Box 324, Middlebush Road Wappingers Falls, N.Y- 12590 PURCHASE ORDER & VOUCHER r cu mm,75 SOS TERN DUTCHESS NEWS NAME AND BEAST MAIN STREET ADDREMWAPMGERS FILLS, NY 12500 L Purchase L Order No. > D0 NOT WRITE IN THIS BOX Dale Voucher Received FUND -APPROPRIATION AMOUNT TOTAL ABSTRACT N-0. VENDOR'S �RhSS REF.NO. 1 DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UN7 PRICE AMOUNT 1027hq • L964L� x"973 7 PU6 0 c tk�,:Ok36 9/9 I>M toR WA77jz 84`73 Cl )J077 cA zy fy Vial V}e above acmurd-in the amotml or S V6. / , Z " is we and corrac� f" Vre terra, servicRs. and disburser "Ls charged were mrbered to or for Ne rrwngOp"ty on Vie dales staLed: Thal ne part has been paid ar satisfied; that lases, from wfk i V, munippafty is exerrpW, are nal irJkeded; and Vmt the armunl chimed is act mlty due DAA 5I fATU TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This ciaim is approved paid from the appropriations ir4mted above DATE COMPTROLLER 'I I FAMI, ION O F,x 804 .,.-ON.T lE' ESTABLISHMEW VA I aYitti;a�, owrom., Mid �Ir � rra ail � ted MOM re Tib I c�k,ei +r s vsa tib ll►c� � sl Y � I 4 1 7' �lf E i# P 0M i llw�' i T L�1 r Fl i +r rYi�t�i x i 4rV if i r 8 -Wry r i d F d rail i r rt[r k rarrner hik�i't �t Car r u lna s fi ,, �F'I�FTsin AD f � � RFari -atid,,R+aaptaart' u�rfai a b n f to l f e rt fl 1� Tor re ere tk�e s,��rr� I�r elrltt_'cifiret!Gii;4 r ` ar�;�r t¢rt � r�c�r� r tt�tt ori ath 'Ns twin w dioie- an# V�ff C e TSS E deirrx�nIsrFr cit 'icleId'}r, ,.F I�I'i:' 1 end 4F1y7rp1 r j�� e i C EaiN�4 f ate �` r � 1 't tF e�xor I it rim- 40'*s ; ls,w�t a�,,��lc�� ## �P � c rrt3tr[s�i?I O �, �] lrric;S�a� �t�trErc3tame�it�1 ���� l �,rw + C�!~�l�k Qr;�t�uara�� �x,di�p�cr. thetpd 4 t4fjppp1r pergr D t WX it.K-7. d. �i Ft � ?F rr �t a t 15 a rr xr t a31t1'rx "i riF; l ; I: sNOW THE REIFOME4' OE, It." 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