2023-40 2023-40
In the Matter of The Establishment of the Myers Run Drainage District in the Town of
Wappinger, Dutchess County, New York
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 March 13,
2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓Vote Record-Resolution RES-2023-40
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑
Al Casella Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, Myers Run, LLC, the owner of 100% of the real property in the proposed Drainage
District, submitted a written Petition dated August 5, 2021, to the Town Clerk, together with a Map,
Plan & Report for the proposed district prepared by Clark Patterson Lee, P.C., competent engineers
duly licensed by the State of New York, 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 January
23, 2023, reciting the filing of said Petition, 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 February 27, 2023 as the date,
at 7:00 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, concerning the
same, 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 proof of publication
and posting has been duly presented to the Town Board; and
WHEREAS, a public hearing on said matter was duly held by said Town Board on February 27,
2023, at 7:00 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 to and the
Petitioners appearing in favor of the petition; and
WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Myers Run, LLC., as
owner, to construct the improvements set forth in the Map, Plan and Report solely at its own cost
and expense; and
WHEREAS, the Planning Board previously adopted a Negative Declaration under SEQRA for
creation of the Drainage District as part of the review of the subdivision application;
NOW,AFTER DUE DELIBERATION,IT IS HEREBY RESOLVED AND DETERMINED
AS FOLLOWS:
a) The notice of public hearing was published and posted as required by law and is otherwise
sufficient.
b) The Petition presented to this Board for the establishment of the MYERS RUN
DRAINAGE DISTRICT was signed by 100% of the property owners within the proposed
district and acknowledged as required by law and is otherwise sufficient.
c) All the properties and property owners within the proposed district are benefited thereby.
d) All the properties 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.
There will be no capital costs assessed to the properties within the district for the
improvements proposed to be constructed within the first year of operation.
g) The estimated annual operation cost in the first year that charges will be paid by the
benefitted parcels will be approximately$2,563.00 which shall be divided equally among the
twelve (12) lots resulting in an estimated annual cost of$213.60 per lot for a typical property
within the district.
h) It is in the public interest to establish the MYERS RUN DRAINAGE DISTRICT.
BE IT FURTHER ORDERED AND DETERMINED that the establishment of the proposed
district as set forth in said Map, Plan and Report is hereby approved; that the improvements therein
mentioned be constructed by the Petitioner; and such district shall be known and designated as the
MYERS RUN DRAINAGE DISTRICT, and shall be bounded and described as set forth in Exhibit
"A" attached hereto and made part hereof; and
BE IT FURTHER, ORDERED AND DETERMINED that the improvements for the said
drainage district be constructed by Myers Run, LLC, owner of the premises described in Exhibit A,
wholly at its own expense, and it has agreed to convey such improvements without cost to the Town
of Wappinger on behalf of the MYERS RUN DRAINAGE DISTRICT free and clear of any liens
or encumbrances; and
BE IT FURTHER ORDERED AND DETERMINED that once the drainage improvement 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, unless said costs shall be covered by
any maintenance bond; and
BE IT FURTHER ORDERED AND DETERMINED that the Town of Wappinger shall be
reimbursed by the Petitioner for any fees or expenses paid for the preparation of the Map, Plan and
Report or in the formation of this district from the escrow account established for such purpose;
and
BE IT FURTHER ORDERED 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, and another
certified copy in the Office of the State Comptroller, within ten days after the adoption of this
Order,pursuant to §195 of the Town Law.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
3/13/2023
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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