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2006-065' oy-�Ile ORDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF THE BRH REALTY SUBDIVISION 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 13th day of February, 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Vincent F. Bettina Joseph P. Paoloni (arrived at 8:03 pm) Maureen McCarthy ABSENT: - ------ and seconde - - -- The following Order was introduced by Ms McCarthy Mr. Bettina WHEREAS, the written Petition of Phantom Hollow Equities, Inc., dated February 7, 2006, and executed by Richard Barger, President of Phantom Hollow Equities, Inc., has been duly presented to and filed with the Town Board of the Town of Wappinger, New York requesting that a drainage district as hereinafter described be established in the Town; and WHEREAS, the properties to be included within the BRH REALTY SUBDIVISION DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and made a part hereof; and CADocurnents and Settings\Gina. WAPPINGER\Local Settings\Temporary Internet Files\OLKIA\Order Calling PH.doc 1 WHEREAS, the improvements proposed in said Drainage District consist of the construction and installation of a storm water drainage system to serve the properties within said District in accordance with certain plans incorporated in the Map, Plan and Report dated October 12, 2005 and; WHEREAS, the maximum estimated cost of said improvements to the Town is zero ($0.00); and WHEREAS the estimated cost to the BRH Realty Subdivision Drainage District for the first year budget will be approximately FIVE THOUSAND and 00/100 ($5,000.00) DOLLARS resulting in a cost to the typical lot of SEVEN HUNDRED FOURTEEN and 29/100 ($714.29) DOLLARS per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year cost to the typical property in the BRH REALTY SUBDIVISION DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the Office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject matter thereof, and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II Action as defined in 6 NYCRR 617.5 in Chapter 117 of the Code of the Town of Wappinger and accordingly the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617; NOW, THEREFORE, BE IT CADocuments and Settings\Gina. WAPPINGER\Local Settings\Temporary Internet riles\OLK I A\Order Calling PFI.doc K ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearin >;. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the lath day of March .. , , 2006 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the BRH REALTY SUBDIVISION DRAINAGE DISTRICT described herein and to consider the Map, Plan and Report dated October 12, 2005 filed in relation thereto, and to hear all persons interested in the subject matter concerning the same, and for such other action on the part of said Town Board as maybe requiredby law or as authorized by law. 3. Postin . The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign- board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed BRH REALTY SUBDIVISION DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as follows.. CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLK I A\Order Calling PH.doc 3 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting A)ze VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye MAUREEN MCCARTHY, Councilwoman Voting Aye The Order was thereupon declared duly adopted. Dated: 11- 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER HN C. MASTE SON, TOWN CLERK CADocuments and Settings\Gina.WAPP[NGER\Local Settings\Temporary Internet Files\OLK[A\Order Calling PH.doc 4