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2006-198COPY 2006-198 Resolution Authorizing the Agreement with Sean McKenna and John Murphy for the Installation of a Fence along the McKenna Parcel Boundary 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 August 28', 2006. 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 Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the TOWN owns and operates a well field commonly known as the "Atlas Wellfield"; and WHEREAS, the TOWN has formed the Wappinger Water Improvement 1999-2(R) to develop the Atlas Wellfield and provide potable water to the residents of the Town of Wappinger; and WHEREAS, McKENNA owns a certain parcel of property commonly known as 45 Helen Drive, Wappingers Falls, New York, more particularly described in a certain deed dated January, 2003, recorded in the Dutchess County Clerk's office on March 13, 2003, at document number 02 2003 2543 and which property is more particularly described on Exhibit "1" attached hereto and is hereinafter referred to as the "McKENNA Parcel"; and WHEREAS, the access road to the Atlas Wellfield abuts property owned by McKENNA; and WHEREAS, both McKENNA and the TOWN collectively agree that it is in the best interests of both parties to construct and install a fence parallel to the westerly property line of the McKENNA property as it abuts the entrance to the Atlas Wellfield; and WHEREAS, the parties have agreed to share in the cost of the installation of the fence and otherwise provide for the maintenance thereof as hereinafter set forth. 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 hereby determines that it is in the best interests of the Town and the residents of the Town of Wappinger for the Town to enter into the aforementioned Agreement in the form attached hereto, marked and designated as Exhibit "2". 3. The Town Board of the Town of Wappinger, in its capacity as the governing body of the Town of Wappinger, has reviewed and examined the proposed Agreement between the Town of Wappinger and Sean McKenna and John Murphy, supports and concurs with the provisions contained therein, agrees to enter into said Agreement and further directs Town Supervisor, Joseph Ruggiero, to execute same in substantially the same form as attached hereto. 4. The Town Board determines that entering into the Agreement is a Type II action as defined in 6 NYCRR 617.5 and 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. 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 Dated: Wappingers Falls, New York 8/28/2006 D The Resolution is hereby duly declared adopted. a-ew-qz� HN C. TERSON, TOWN CLERK