2019-169
2019-169
In the Matter of the Extension of the United Wappinger Water District Extension No. 9 –
NERP Holding and Acquisitions Company, LLC, ORDER CALLING PUBLIC
HEARING
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 9, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2019-169
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Mover
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilwoman Bettina.
WHEREAS, NERP HOLDING AND ACQUISITIONS COMPANY, LLC, (“Petitioner”) is the
owner of certain real property located on Route 9 in the Town of Wappinger; and
WHEREAS, the Petitioner submitted to the Town a written Petition pursuant to Article 12 of the
Town Law requesting the establishment of a proposed Water District extension to be known as
Extension No. 9 to the United Wappinger Water District (“Extension No. 9”), which petition,
together with a map, plan and report accompanying the same and addendum thereto, have been
filed in the office of the Town Clerk and are available for public inspection; and
WHEREAS, said map, plan and report include a map showing the boundaries of the proposed
Extension, a general plan to serve said Extension, and a report of the proposed method of operation
thereof, and were prepared by Solli Engineering and Hallisey, Pearson & Cassidy, competent
engineers duly licensed by the State of New York; and
WHEREAS, the boundaries of said Extension shall be as shown in Exhibit A attached hereto and
incorporated herein; and
WHEREAS, the improvements proposed for said Extension consist of the purchase and installation
of water mains, valves and hydrants, including original equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in connection therewith, all as more fully
described in the map, plan and report hereinbefore described; and
WHEREAS, the maximum estimated cost of said improvements is $15,000, and
WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and
no serial bonds of said Town shall be issued therefor; and
WHEREAS, the cost of the buy-in fee to the UWWD for the property is $10,000 in accordance
with §236-6 of the Town of Wappinger Code; and
WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $15,000,
and there are no residential properties in the Extension; and
WHEREAS, the estimated cost of said Extension to the typical property therein is $19,300.17 in the
first year in which operation, maintenance, debt service and other charges and expenses are to be
paid and there are no residential properties in the proposed 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 property 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, said capital project for said Extension and the establishment thereof has been
determined to be an Unlisted Action pursuant to the regulations of the New York State Department
of Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act, and the Town of Wappinger Planning Board acting as lead agency in a coordinated review has
determined will not result in a significant environmental effect by its resolution dated July 15, 2019;
and
WHEREAS, it is now desired to call a public hearing upon the question of the extension of the
UWWD, the petition therefor, and the improvements proposed therefor, all pursuant to Section 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. A meeting of the Town Board of the Town of Wappinger, shall be held at the Town Hall, 20
rd
Middlebush Road, in Wappingers Falls, New York on the 23 day of September, 2019, at
7:30 o’clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider
an Extension of the United Wappinger Water District, known as Extension No. 9 for
NERP HOLDING AND ACQUISITIONS COMPANY, LLC; as described in the
preambles hereof, the petition therefor, and the improvements proposed therefor, 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 shall be proper in the premises.
2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be
published once in the official newspaper(s) of said Town, 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 not
less than ten nor more than twenty days before the day set for the hearing as aforesaid.
3. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz
ABSENT: Christopher Phillips
Dated: Wappingers Falls, New York
9/9/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK