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2019-622019-62 In the Matter of The Establishment of the FURNIA DRAINAGE 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 February 11, 2019. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2019-62 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Phillips. WHEREAS, Hybrid Home Developers, LLC, the owner of 100% of the real property in the proposed Drainage District, submitted a written Petition dated January 25, 2019, to the Town Clerk, together with a Map, Plan & Report for the proposed district prepared by Clark Patterson & Lee, competent engineers duly licensed by the State of New York, in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on January 28, 2019, reciting the filing of said Petition, 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 were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying February 11, 2019 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, concerning the same, 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 proof of publication and posting has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on February 11, 2019 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition to and the Petitioners appearing in favor of the petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Hybrid Homes Developers, LLC., as owner, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense; and WHEREAS, the Planning Board previously adopted a Negative Declaration under SEQRA for creation of the Drainage District as part of the review of the subdivision application; NOW, AFTER DUE DELIBERATION, IT IS HEREBY RESOLVED AND DETERMINED AS FOLLOWS: a) The notice of public hearing was published and posted as required by law, and is otherwise sufficient. b) The Petition presented to this Board for the establishment of the FURNIA DRAINAGE DISTRICT was signed by 100% of the property owners within the proposed district and acknowledged as required by law and is otherwise sufficient. c) All the properties and property owners within the proposed district are benefited thereby. d) All the properties and property owners benefited thereby are included within the limits of the proposed district. e) There will be no hook-up fees for any of the properties within the district. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed within the first year of operation. g) The estimated annual operation cost in the first year that charges will be paid by the benefitted parcels will be approximately $1,350 which shall be divided equally among the nine (9) lots resulting in an estimated annual cost of $150 per lot for a typical property within the district. h) It is in the public interest to establish the FURNIA DRAINAGE DISTRICT. BE IT FURTHER ORDERED AND DETERMINED that the establishment of the proposed district as set forth in said Map, Plan and Report is hereby approved; that the improvements therein mentioned be constructed by the Petitioner; and such district shall be known and designated as the FURNIA DRAINAGE DISTRICT, and shall be bounded and described as set forth in Exhibit "A" attached hereto and made part hereof; and BE IT FURTHER, ORDERED AND DETERMINED that the improvements for the said drainage district be constructed by Hybrid Home Developers, LLC, owner of the premises described in Exhibit A, wholly at its own expense, and it has agreed to convey such improvements without cost to the Town of Wappinger on behalf of the FURNIA DRAINAGE DISTRICT free and clear of any liens or encumbrances; and BE IT FURTHER ORDERED AND DETERMINED that once the drainage improvement 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 as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom, unless said costs shall be covered by any maintenance bond; and BE IT FURTHER ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner for any fees or expenses paid for the preparation of the Map, Plan and Report or in the formation of this district from the escrow account established for such purpose; and BE IT FURTHER ORDERED 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, and another certified copy in the Office of the State Comptroller, 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: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Dated: Wappingers Falls, New York 2/11/2019 The Resolution is hereby duly declared Adopted. P. PAOLONI, TOWN CLERK