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2008-07811. Order Establishing Maloney Heights 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 February 25th, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the written Petition of ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, dated November 27th, 2007, as Petitioners and Owners of 100% of the Maloney Heights Subdivision ("Subdivision"), has 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 "MALONEY HEIGHTS DRAINAGE DISTRICT" which is more particularly described in the Map, Plan and Report for the Maloney Heights Subdivision dated September 22nd, 2005, prepared by Paggi, Martin & Del Bene, LLP and filed in the Office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Maloney Heights Drainage District", dated September 22nd, 2005, and relating to the establishment of the proposed drainage district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and 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 is 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 28th, 2008, 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 was 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 25t , 2008 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, 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 such 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 February 25th, 2008, at 7:00 p.m. in the evening on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Steven Nesheiwat, Esq. and Robert V. Oswald, Jr. appearing on behalf of the Petitioners, in favor of the Petition; and WHEREAS, pursuant to said Petition, it is the intention of the Petitioners, ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, to construct the improvements set forth in the Map, Plan and Report solely at their own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. 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. The Petitioners as 100% owners of the property were duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the MALONEY HEIGHTS DRAINAGE DISTRICT was signed and acknowledged as required by law and was 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. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements within the district is estimated to be Five Thousand Two Hundred ($5,200.00) resulting in a cost for the typical property herein, equally divided among eight (8) lots, of Six Hundred Fifty ($650.00) Dollars per lot for a typical property within the said 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 MALONEY HEIGHTS DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the MALONEY HEIGHTS 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 Schedule "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED 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 Petitioners, ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, wholly at their own expense, and Petitioners have agreed to convey such improvements to the Town of Wappinger and/or the MALONEY HEIGHTS DRAINAGE DISTRICT, without costs, free and clear of any liens or encumbrances once the drainage facilities have been properly constructed to the satisfaction of the Town; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvements as set forth in the Map, Plan and Report have been constructed by the Petitioners 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 to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioners, ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, 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, ORDERED 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. 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 MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/25/2008 The Resolution is hereby duly declared adopted. C. MA ERSON, TOWN CLERK G