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2015-249 2015-249 A Resolution Making Certain Determinations In Relation To And Finding It To Be In The Public Interest To Establish Extension No. 4 To The United Wappinger Sewer District In The Town Of Wappinger, Dutchess County,New York 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 November 23, 2015. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the following was recorded: ✓`Vote Record-Resolution RES-2015-249 " I Yes/Aye No/Nay Abstain ? Absent QAdopted Voter...........:.......................... ..............................................................................,......................._0........................'.....................0...................... ❑ Adopted as Amended Barbara Gutzler ❑ Defeated William Ciccarelli Voter ❑ ❑ ❑ _Q _ ❑ Tabled William H.Beale Seconder................._Q.........................t....................... ..............................................._ ......................._....................._ ...................... ............................................................................................... ❑ Withdrawn Ismay CzarnieckiVoter ❑ ❑ Eli Q ...................................................................................................................................................................:......................... Michael Kuzmicz Mover Q El ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County,New York,in relation to the establishment of a proposed sewer district extension,to be known as Extension No. 4 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law,which petition,together with a map,plan and report for said Extension(the"map,plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates Engineering Consultants,competent engineers duly licensed by the State of New York; and WHEREAS,the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of sanitary sewer collection pipes and pump station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map,plan and report hereinbefore described; and WHEREAS,the maximum estimated cost of said improvements is $59,020,together with the buy-in-fee of $38,400 ($97,420), and WHEREAS,the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore;and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0, and is the same for a one or two family house therein; and WHEREAS, the estimated cost of said Extension to the typical property, in the first year in which operation,maintenance, debt service and other charges and expenses are to be made is $803.79, and is the same for a one or two family house therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act("SEQRA"),the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; SEQRA compliance documentation has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on October 26, 2015, reciting a description of the boundaries of said proposed Extension, the improvements proposed, the $97,420 maximum amount proposed to be expended for said improvements and buy-in fee in connection therewith,the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 23rd day of November, 2015, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 4 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS,notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing;NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County,New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 4 to the United Wappinger Sewer District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 4 to United Wappinger Sewer District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 4 to United Wappinger Sewer District; and d) The establishment of said proposed Extension No. 4 to United Wappinger Sewer District is in the public interest. Section 2. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany,New York. Section 3. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarniecki Dated: Wappingers Falls,New York 11/23/2015 TheResolution is hereby d declared Adopted. � l JOSEPH P.) ' OLOlMI, TOWN CLERK i�