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2012-237 2012-237 Resolution Accepting Petition and Map, Plan & Report for Extension of the United Wappinger Water District on Behalf of Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins 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 10,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czamiecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Czamiecki. WHEREAS, Amora, LLC (Amora), Eduardo & Lucia Lauria (Lauria), Robert Tompkins (Tompkins) and the Town of Wappinger (hereinafter the "Town") have previously entered into an Agreement for the Extension of Water and Sewer Districts by Agreement dated August 30, 2012; and WHEREAS, pursuant to the aforementioned Agreement, Amora, Lauria and Tompkins have submitted a Petition to the Town for an extension of the United Wappinger Water District, to be known as Extension No.3 to the United Wappinger Water District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated July 2012, for the United Wappinger Water District Extension, a copy of which is attached to the Petition; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that the acceptance ofthe Petition and accompanying Map, Plan and Report qualifies as an engineering study and is a Type II action pursuant to 6 NYCRR 617.5(c)(18). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Amora, Lauria and Tompkins, known as UWWD Extension Number 3 and determines that the petition satisfies the criteria of Town Law S 191 in that it is signed by all ofthe owners of taxable real property situate in the proposed extension. 4. The Town Board hereby accepts the Map, Plan and Report for Extension No.3 to the United Wappinger Water District prepared by Morris Associates Engineering Consultants, PLLC, last dated July 2012, a copy of which is affixed to the Petition. 5. The Town Board hereby directs the Town Clerk to file in her office the Petition with annexed Map, Plan and Report for the proposed UWWD Extension Number 3 in accordance with the provisions of Article 12 of the Town Law. 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWWD Extension No.3. 7. The Town Board directs that the Town Clerk forward a certified copy of this Resolution together with a copy of the Petition with exhibits, including the Map, Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to prepare the necessary proceedings, findings and public interest order necessary to extend the United Wappinger Water District in accordance with the subject Petition, the attached Map, Plan and Report and Article 12 of the Town Law. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 9110/2012 The Resolution is hereby duly declared adopted. ~ .~ CHRISTINE FUL TON, TO\~CiERK