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2004-220RESOLUTION NO. 2004-220 ORDER ESTABLISHING KEENAN ACRES 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 the 28th day of June, 2004, at 7:30 P.M. The meeting was called to order by Joseph P. Paoloni, Deputy Supervisor, and upon roll being called, the following were present: by PRESENT: Deputy Supervisor - Joseph P. Paoloni Council Members Robert L. Valdati Vincent F. Bettina Maureen McCarthy ABSENT: Supervisor - Joseph Ruggiero The following Resolution was introduced by Ms. McCarthy and seconded Mr. Bettina WHEREAS, written Petitions dated April 21, 2004, executed by Mid -Hudson Holdings, LLC as well as Nicolas J. Romano and Deana Romano, owners of 100% of the Keenan Acres Subdivision ("Subdivision"), have 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 "KEENAN ACRES DRAINAGE DISTRICT", which is more particularly described in the attached Map, Plan and Report; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Keenan Acres Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and 1 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Est. Drainage District.doc Final 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 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 9, 2004, 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 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 June 28, 2004 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 copies of this 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 June 28, 2004 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 2 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Est. Drainage District.doc Final WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Mid - Hudson Holdings, LLC, as owner, 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 DETERMINED AND RESOLVED AS FOLLOWS: 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. All the Petitioners/ property owners were duly mailed with the copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petitions presented to this Board for the establishment of the KEENAN ACRES DRAINAGE DISTRICT were signed and acknowledged as required by law and are 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. 3 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Est. Drainage District.doc Final 9. The estimated annual cost of Operation and Maintenance of the proposed improvements after three years is estimated to be $200 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 KEENAN ACRES DRAINAGE DISTRICT. BE IT FURTHER RESOLVED AND DETERMINED that the establishment of the KEENAN ACRES 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 Petitions; and BE IT FURTHER RESOLVED 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, Mid -Hudson Holdings, LLC, wholly at its own expense, and Mid - Hudson Holdings, LLC has agreed to convey such improvements to the Town without cost to the Town of Wappinger and/or KEENAN ACRES DRAINAGE DISTRICT, free and clear of any encumbrances; and rd \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Est. Drainage District.doc Final BE IT FURTHER RESOLVED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Mid -Hudson Holdings, LLC, 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 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. Dated: June 28, 2004 JOSEPH RUGGIERO, Supervisor JOSEPH P. PAOLONI, Deputy Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman MAUREEN MCCARTHY, Councilwoman 5 Voting Absent Voting Aye Voting Aye Voting Aye Voting Aye \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Est. Drainage District.doc Final EXHIBIT "A" The proposed district shall consist of Lots No. 1 through 18, Filed Map No. 11610, Sheet 2 of 15 also titled "Subdivision Plan, Drawing No. C-1". The District shall include all easements as well as the portion of Deer Run Drive from Vorndan Drive west. The total area of the District is 23.81+ acres. VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS LOUIS J. VIGLOTTI JOAN F. GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K. PATTERSON JAY B. RENFRO -ADMITTED TO PRACTICE IN NY & FLA. ••ADMrrrED TO PRACTICE IN NY & CONN. VIA HAND DELIVERY June 24, 2004 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: VSRP@BestWeb.net Hon. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Keenan Acres Drainage District File No. 12951.0754 Dear Gloria: OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANT: AMY E. DECARLO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS Enclosed herewith please find the Order Establishing the Keenan Acres Drainage District. It is my understanding that this Order is on the June 28, 2004 Town Board Agenda. Please do not hesitate to contact me should there be any questions or concerns. Verytrul urs, VERGI k' STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP r 1 A,,BE T . ROBERTS APR/bg cc w/ enclosures: Gina Basile, Secretary to the Supervisor Hon. Graham Foster, Highway Superintendent Town Board File Joseph E. Paggi, Jr., P.E. Kenneth M. Stenger, Esq. \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\062404.doc