2011-1602011-160
A Resolution Approving the Establishment of United Wappinger Water District Extension
No. 1 and the Improvements in Connection Therewith
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 25,
2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
UCRINILN
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czamiecki.
WHEREAS, a written petition (in two parts) has been duly filed with the Town Board of
the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed
water district extension, to be known as Extension No. 1 to the United Wappinger Water District
(hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together
with a map, plan and report accompanying each part and together constituting the map, plan and
report for said Extension (the "map, plan and report") 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 was prepared by Morris Associates and Clark Patterson Lee, competent
engineers duly licensed by the State of New York; and
WHEREAS, the improvements proposed for said Extension consist of the following: (a)
purchase and installation of water distribution mains for connection to the existing eight (8) inch
diameter Town water main located along the western right-of-way of Old Route 9 and extending
south along Old Route 9 approximately 350 feet then east through a boring under Old Route 9 to the
site, and also in a southerly direction approximately 230 feet to a point near the northeastern portion
of the Town owned right-of-way of Fowlerhouse Road, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental improvements and expenses in connection
therewith, and (b) purchase and installation of a further extension of the above-described water
distribution mains from Fowlerhouse Road approximately 300 feet in a northerly direction to the
parcel of land located at 134 Old Post Road, including original furnishings, 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 $224,625; and
WHEREAS, the cost of said improvements shall be paid in the owners of property therein
and no serial bonds of said Town shall be issued therefore; and
WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is
$0 to a one or two family home therein, there being none, and $8,000.00 for the MDA parcel as
described in the petition ("MDA"), and the hook up fee for the Adams parcel as described in the
petition ("Adams") has been waived in consideration of the extension of water line down Route 9
and then east bound to Old Post Road; and
WHEREAS, the estimated cost of said Extension to the typical property therein in the first
year in which operation, maintenance, debt service and other charges and expenses are to be made is
$0 to a one or two family house therein, there being none, and for the MDA parcel is $1,070.39 for
capital benefit assessments and $883.68 for Operation and Maintenance (O&M) charges, and for the
Adams parcel, it is $1,303.69 for capital benefit assessments and $28,575.68 for O&M charges; and
WHEREAS, said capital project for said Extension and the establishment thereof has been
determined to be a Type I 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 implementation of which as proposed, the Town Board has determined will not result in any
significant environmental effects, a full Environmental Assessment Form having been prepared in
connection therewith which is on file in the office of the Town Clerk where it may be reviewed
during regular office hours; and
WHEREAS, an Order was duly adopted by said Town Board on March 28, 2011,
reciting a description of the boundaries of said proposed United Wappinger Water District
Extension No. 1 , the improvements proposed, the maximum amount proposed to be expended
for said improvements, the proposed method of payment to be employed, the fact that said
petition, map, plan and report were on file in the Town Clerk's office for public inspection and
specifying the 25th day of April, 2011, at 7:30 o'clock P.M., local 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 consider the establishment of
said United Wappinger Water District Extension No. 1 and said map, plan and report filed in
relation thereto and to hear all persons interested in the subject thereof concerning the same; and
WHEREAS, notice of the aforesaid public hearing was duly published and posted in the
manner and within the time prescribed by Section 193 of the Town Law, and proof of publication
and posting have been duly presented to said Town Board; and
WHEREAS, said public hearing was duly held at the time and place in said order as
aforesaid, at which all persons desiring to be heard were duly heard; and
WHEREAS, said Town Board has duly considered said map, plan and report and the
evidence given at said public hearing; and
WHEREAS, said Town Board has adopted a resolution on this date making the findings
and determinations required pursuant to Section 194 (1) of the Town Law;
NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section
194(2) of the Town Law:
Section 1. The establishment of Extension No. 1 to the United Wappinger Water
District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as
hereafter set forth, and the improvements proposed therefor consisting of the (a) purchase and
installation of water distribution mains for connection to the existing eight (8) inch diameter Town
water main located along the western right-of-way of Old Route 9 and extending south along Old
Route 9 approximately 350 feet then east through a boring under Old Route 9 to the site, and also in
a southerly direction approximately 230 feet to a point near the northeastern portion of the Town
owned right-of-way of Fowlerhouse Road, including original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and expenses in connection therewith, and
(b) purchase and installation of a further extension of the above-described water distribution mains
from Fowlerhouse Road approximately 300 feet in a northerly direction to the parcel of land located
at 134 Old Post Road, including original furnishings, 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, at a maximum estimated cost of
$224,625, is hereby approved. The cost of said improvements shall be paid by the owners of the
property therein and no serial bonds of said Town shall be issued therefore.
Section 2. Said Extension shall be bounded and described as set forth in Exhibit A
attached hereto and hereby made a part hereof.
Section 3. The Town Clerk shall, within ten (10) days after this resolution takes
effect, file a certified copy of this resolution in duplicate in the office of the State Department of
Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in
the office of the County Clerk.
Section 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/25/2011
The Resolution is hereby duly declared adopted.
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HN C. MASTERSON, TOWN CLERK