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2010-3602010-360 Resolution Introducing Local Law No._ of the Year 2010, Entitled "Capital Buy -In Fees for Water and Sewer Districts" 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 18, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger has two Water Districts and one Sewer District that are capable of accepting additional users to their system: United Wappinger Water District (UWWD), Fleetwood Water District (Fleetwood Water) and the United Wappinger Sewer District (UWSD); and WHEREAS, the present buy -in fee is a 30% surcharge on Operation and Maintenance (O&M) charges for a period of 5 years from the date of connection to the Water or Sewer District; and WHEREAS, the Town Board has re-examined its current capital buy -in policy for out of district users and has determined that the buy -in fee should be more reflective of the value of the Water and Sewer Plants to which the parcels will be connected as set forth in the proposed Local Law; and WHEREAS, the proposed Local Law requires any out of district user seeking connection to a Water or Sewer District to apply for a formal extension of the District to cover their user's parcel to ensure that all parcels connected to the Water or Sewer District will be assigned capital benefit assessments for capital charges as well as O&M charges for usage; and WHEREAS, the proposed action is a Type II action pursuant to Chapter 117 of the Code of the Town of Wappinger and 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of the Year 2010 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law 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. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. . of the Year 2010 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of December, 2010, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 11/18/2010 The Resolution is hereby duly declared adopted. HN ASTERSON, TOWN CLERK