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2021-42 2021-42 An Order Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 10 (SAZ, LLC) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 of The Town Law 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 8, 2021. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2021-42 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Voter      Defeated Angela Bettina Seconder     Tabled  Christopher Phillips Voter     Withdrawn  Al Casella Mover     The following Resolution was introduced by Casella and seconded by Councilwoman Bettina. An Order Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 10 (SAZ, LLC) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 of The Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 10 (SAZ, LLC) to United Wappinger Water District of said Town (the “Extension”); and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, said Extension No. 10 (SAZ, LLC) to United Wappinger Water District shall be bounded and described as hereinafter set forth; and WHEREAS, the improvements proposed for said Extension No. 10 (SAZ, LLC) to United Wappinger Water District consist of the purchase and installation of water mains, valves and hydrants, 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 amount proposed to be expended for said improvement is $278,000; and WHEREAS, the Town of Wappinger Town Board issued a Negative Declaration for the extension of the United Wappinger Water District to provide water service to the parcel; and WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds of said Town shall be issued therefor; and WHEREAS, the estimated cost of the establishment of the Extension No. 10 (SAZ, LLC) to United Wappinger Water District to the typical property therein is $2,133.60 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and there are no one or two-family houses in the extension; and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein; and WHEREAS, an Order was duly adopted by said Town Board on January 11, 2021, reciting a description of the boundaries of said proposed Extension No. 10 (SAZ, LLC) to United Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and th report were on file in the Town Clerk’s Office for public inspection and specifying the 8 day of February 2021, at 7:00 o’clock P.M., Prevailing Time, at the Town Hall, 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 said Extension No. 10 (SAZ, LLC) to United Wappinger Water District with the boundary as described herein 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 has been duly presented to said Town Board; 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 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: 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a. The notice of hearing was published and posted as required by law and is otherwise sufficient; b. All the property and property owners within said proposed Extension No. 10 (SAZ, LLC) to United Wappinger Water District are benefited thereby; c. All the property and property owners benefited are included within the limits of said proposed Extension No. 10 (SAZ, LLC) to United Wappinger Water District; and d. The establishment of said proposed Extension No. 10 (SAZ, LLC) to United Wappinger Water District is in the public interest. 2. The establishment of Extension No. 10 (SAZ, LLC) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the purchase and installation of water mains, valves, and hydrants, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, with all costs borne by the owner of the property. 3. Said Extension No. 10 (SAZ, LLC) to United Wappinger Water District with boundary as described herein shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. 4. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. 5. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of this resolution in the Office of the Dutchess County Clerk. 6. The Town Clerk shall, within (5) days, transmit to the Dutchess County Department of Behavioral & Community Health a copy of this resolution. 7. This Resolution shall take effect immediately. EXHIBIT A Boundaries of Proposed Extension of the United Wappinger Sewer District, known as Extension No. 8 for SAZ, LLC; in the Town of Wappinger, Dutchess County, New York LEGAL DESCRIPTION ALL that certain piece or parcel of land situate, lying and being on the east side of the Old Albany Post Road in the Town of Wappinger, County of Dutchess, and State of New York, designated as Tax Parcel 6157-02-641504 as the parcel existed on the taxable status date of March 1, 2020, and bounded and described as follows: BEGINNING at a point marked by a stake adjacent to a large Elm Tree, this point of beginning being a distance of 37.7 feet from the center line of the Albany Post Road, Route No. 9, and a distance 22.7 feet from the east edge of a concrete panel, thence running along the east side of said Highway South 4 degrees 58 minutes East 77.5 feet to a point marked by a stake set up on the East side of Highway. this point being adjacent to a Cherry Tree, and this point being a distance of 30.5 feet from the center line of the Highway, and a distance of 15.5 feet from the east edge of the concrete panel; thence running along the East side of Highway South 16 degrees 41 minutes East 72.9 feet to a stake set up on the East side of Highway, this point being adjacent to a. Cedar Tree, and a distance of 29.8 feet from the east edge of concrete panel: thence running along the East side of Highway South 12 degrees 48 minutes East 49.6 feet to a corner marked by a stake, this point being a distance of 55 feet from the center line of Highway, and a distance of 40 feet from the east edge of concrete panel; thence leaving the Highway, and running South 57 degrees 34 minutes East 651.04 feet to a corner, this corner being marked by a stake adjacent to a Cedar Tree, and being the southeast comer of the premises herein conveyed; thence running along a wire fence North 27 degrees 34 minutes East 200 feet to a corner marked by a stake, this corner being at the intersection of a stone wall and the wire fence; thence running North 61 degrees 37 minutes West 773.1 feet to the place of beginning. Taken from Parcel Deed Document No. 02.2006.903 recorded 01/31/2006 The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 2/8/2021 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK