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2006-082L 2006-82 Order Establishing 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 3/13/2006 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 Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Joseph P. Paoloni Maureen McCarthy Vincent F. Bettina The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the written Petition of Phantom Hollow Equities, Inc. dated February 7, 2006, and executed by Richard Barger, an officer of the Phantom Hollow Equities, Inc. owner of 100% of the BRH Realty 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 `BRH REALTY SUBDIVISION DRAINAGE DISTRICT", which is more particularly described in the Map, Plan and Report for the BRH Realty Subdivision dated October 12, 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 BRH Subdivision Drainage District", dated October 12, 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 are in accordance with the requirements of Article XII of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on February 13, 2006, 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 March 13th, 2006 as the date, at 7:30 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 March 13th, 2006 at 7:30 p.m., in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Phantom Hollow Equities, Inc., the Petitioner, appearing in favor of the Petition; and 7 n D WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Phantom Hollow Equities, Inc., to construct the improvements set forth in the Map, Plan and Report solely at its 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 Petitioner, as 100% owner of the property, was 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 BRH REALTY SUBDIVISION DRAINAGE DISTRICT was signed and acknowledged as required by law and is 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 is estimated to be $714.29 per Benefit Unit for a typical property within the 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 BRH REALTY SUBDIVISION DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the BRH REALTY SUBDIVISION 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 Exhibit "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 Petitioner, Phantom Hollow Equities, Inc., wholly at its own expense, and Petitioner has agreed to convey such improvements to the Town and/or BRH REALTY SUBDIVISION DRAINAGE DISTRICT without cost to the Town of Wappinger, free and clear of any liens or encumbrances; 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 Petitioner 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 Petitioner, Phantom Hollow Equities, Inc., 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: Joseph Ruggiero, Supervisor Voting: AYE Robert L. Valdati, Councilmember Voting: AYE Vincent F. Bettina, Councilmember Voting: ABSENT Joseph P. Paoloni, Councilmember Voting: AYE Maureen McCarthy, Councilmember Voting: AYE The Order was thereupon declared duly adopted. Dated: March 10, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER C. MAS RSON,TOWN CLERK