2006-072el,
RESOLUTION: 2006-72 �'
41
ORDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF"
THE SHAMROCK HILLS 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 27th 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
Council Members
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Order was introduced by Mr. Paoloni
Ms McCarthy
and seconded by
WHEREAS, the written Petition of Shamrock of Dutchess, LLC, dated January
19, 2006 and executed by William H. Povall, III, as Member, having been duly presented
to 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 SHAMROCK HILLS
DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached
hereto and made a part hereof; and
WHEREAS, the improvements proposed in said 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 September 22, 2005; and
WHEREAS, the maximum estimated cost of said improvements to the Town is
zero ($0.00); and
WHEREAS, the estimated cost to the SHAMROCK HILLS DRAINAGE
DISTRICT for the first year budget for operation and maintenance will be approximately
Twenty Seven Thousand ($27,000.00) Dollars resulting in a cost to the typical lot of
Four Hundred and Twenty -Eight Dollars and Fifty -Seven Cents ($428.57) 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 SHAMROCK HILLS
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 for
examination during regular office hours 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;
In
NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Recitations Incorporated. The recitations above set forth are incorporated
in this Order as if fully set forth and adopted herein.
2. Public Hearing. 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 27th
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 SHAMROCK HILLS DRAINAGE
DISTRICT described herein and to consider the Map, Plan and Report dated September
22, 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 may be
required by law or authorized by law.
3. Publication and Posting. 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 SHAMROCK HILLS 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.
4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
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: February 27, 2006
7
D
BY ORDER OF THE TOWN BOARD
O HE TOWN OF WAPPINGER
JO�N C. MAST RSON, TOWN CLERK