2004-220RESOLUTION NO. 2004-220
ORDER ESTABLISHING KEENAN ACRES DRAINAGE 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 the 28th day of June, 2004, at 7:30 P.M.
The meeting was called to order by Joseph P. Paoloni, Deputy Supervisor, and
upon roll being called, the following were present:
by
PRESENT: Deputy Supervisor - Joseph P. Paoloni
Council Members
Robert L. Valdati
Vincent F. Bettina
Maureen McCarthy
ABSENT: Supervisor - Joseph Ruggiero
The following Resolution was introduced by Ms. McCarthy and seconded
Mr. Bettina
WHEREAS, written Petitions dated April 21, 2004, executed by Mid -Hudson
Holdings, LLC as well as Nicolas J. Romano and Deana Romano, owners of 100% of the
Keenan Acres Subdivision ("Subdivision"), have been presented to and filed with the
Town Board of the Town of Wappinger, New York requesting the approval of a drainage
district to be known as the "KEENAN ACRES DRAINAGE DISTRICT", which is more
particularly described in the attached Map, Plan and Report; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the
Keenan Acres Stormwater Maintenance District", dated May 24, 2004 and relating to the
establishment of the proposed drainage district, were prepared by Paggi, Martin & Del
Bene, LLP, duly licensed civil engineers of the State of New York; and
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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 are 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 June 9, 2004, 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 June 28, 2004 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 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
copies of this Order were duly mailed to Petitioners/homeowners of all properties in the
proposed District, and proof of publication, posting and mailing has been duly presented
to the Town Board; and
WHEREAS, a public hearing on said matter was duly held by said Town Board
on June 28, 2004 at 7:30 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
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WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Mid -
Hudson Holdings, LLC, as owner, to construct the improvements set forth in the Map,
Plan and Report solely at its own cost and expense.
NOW, AFTER DUE DELIBERATION, IT IS HEREBY DETERMINED
AND RESOLVED AS FOLLOWS:
The recitations above set forth are incorporated in this Order as if fully set
forth and adopted herein.
2. The notice of public hearing was published and posted as required by law,
and is otherwise sufficient.
3. All the Petitioners/ property owners were duly mailed with the copy of the
Notice of Public Hearing and proof thereof was submitted to the Town Board.
4. The Petitions presented to this Board for the establishment of the
KEENAN ACRES DRAINAGE DISTRICT were signed and acknowledged as required
by law and are otherwise sufficient.
5. All the property and property owners within the proposed district are
benefited thereby.
6. All the property and property owners benefited thereby are included
within the limits of the proposed district.
7. There will be no hook-up fees for any of the properties within the district.
8. There will be no capital costs assessed to the properties within the district
for the improvements proposed to be constructed.
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9. The estimated annual cost of Operation and Maintenance of the proposed
improvements after three years is estimated to be $200 per Benefit Unit for a typical
property within the district.
10. A detailed explanation of the improvements to be made and the estimate
of Operation and Maintenance charges have been included in the Map, Plan and Report
which has been filed in the Office of the Town Clerk and the same has been made
available during regular office hours for examination by any person interested in the
matter thereof.
11. It is in the public interest to establish the KEENAN ACRES DRAINAGE
DISTRICT.
BE IT FURTHER RESOLVED AND DETERMINED that the establishment
of the KEENAN ACRES DRAINAGE DISTRICT in the Town 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
drainage district shall be bounded and described as set forth in Exhibit "A" attached to
the Petitions; and
BE IT FURTHER RESOLVED AND DETERMINED that the improvements
for the said drainage district as set forth in the Map, Plan and Report are to be constructed
by the Petitioner, Mid -Hudson Holdings, LLC, wholly at its own expense, and Mid -
Hudson Holdings, LLC has agreed to convey such improvements to the Town without
cost to the Town of Wappinger and/or KEENAN ACRES DRAINAGE DISTRICT, free
and clear of any encumbrances; and
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BE IT FURTHER RESOLVED AND DETERMINED that the Town of
Wappinger shall be reimbursed by the Petitioner, Mid -Hudson Holdings, LLC, for any
fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan
and Report or in the formation of this district; and
BE IT FURTHER RESOLVED 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 § 195 of
the Town Law.
Dated: June 28, 2004
JOSEPH RUGGIERO, Supervisor
JOSEPH P. PAOLONI, Deputy Supervisor
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
MAUREEN MCCARTHY, Councilwoman
5
Voting Absent
Voting Aye
Voting Aye
Voting Aye
Voting Aye
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Final
EXHIBIT "A"
The proposed district shall consist of Lots No. 1 through 18, Filed Map No. 11610, Sheet
2 of 15 also titled "Subdivision Plan, Drawing No. C-1". The District shall include all
easements as well as the portion of Deer Run Drive from Vorndan Drive west. The total
area of the District is 23.81+ acres.
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
ATTORNEYS AND COUNSELORS AT LAW
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
LOUIS J. VIGLOTTI
JOAN F. GARRETT**
THOMAS R. DAVIS
EMANUEL F. SARIS
KAREN P. MACNISH
KEVIN T. MCDERMOTT
STEVEN K. PATTERSON
JAY B. RENFRO
-ADMITTED TO PRACTICE
IN NY & FLA.
••ADMrrrED TO PRACTICE
IN NY & CONN.
VIA HAND DELIVERY
June 24, 2004
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
e-mail: VSRP@BestWeb.net
Hon. Gloria Morse, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Keenan Acres Drainage District
File No. 12951.0754
Dear Gloria:
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANT:
AMY E. DECARLO
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
PINE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PINE PLAINS, NY 12567
(518) 398-9857
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
( ) PINE PLAINS
Enclosed herewith please find the Order Establishing the Keenan Acres Drainage
District. It is my understanding that this Order is on the June 28, 2004 Town Board
Agenda.
Please do not hesitate to contact me should there be any questions or concerns.
Verytrul urs,
VERGI k' STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
r
1
A,,BE T . ROBERTS
APR/bg
cc w/ enclosures: Gina Basile, Secretary to the Supervisor
Hon. Graham Foster, Highway Superintendent
Town Board File
Joseph E. Paggi, Jr., P.E.
Kenneth M. Stenger, Esq.
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