2011-1592011-159
A Resolution Making Certain Determinations in Relation to and Finding it to be in the
Public Interest to Establish United Wappinger Water District Extension No. 1 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 April 25,
2011.
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 Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, a written petition (in two parts) 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
water district extension, to be known as Extension No. 1 to the United Wappinger Water District
(hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together
with a map, plan and report accompanying each part and together constituting the 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 and Clark Patterson Lee, 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 following: (a)
purchase and installation of water distribution mains for connection to the existing eight (8) inch
diameter Town water main located along the western right-of-way of Old Route 9 and extending
south along Old Route 9 approximately 350 feet then east through a boring under Old Route 9 to the
site, and also in a southerly direction approximately 230 feet to a point near the northeastern portion
of the Town owned right-of-way of Fowlerhouse Road, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental improvements and expenses in connection
therewith, and (b) purchase and installation of a further extension of the above-described water
distribution mains from Fowlerhouse Road approximately 300 feet in a northerly direction to the
parcel of land located at 134 Old Post Road, including original furnishings, 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 $224,625; and
WHEREAS, the cost of said improvements shall be paid in the owners of 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 to a one or two family home therein, there being none, and $8,000.00 for the MDA parcel
("MDA") as described in the petition; and the hook up fee for the Adams parcel ("Adams") as
described in the petition has been waived in consideration of the extension of water line down Route
9 and then east bound to Old Post Road; and
WHEREAS, the estimated cost of said Extension to the typical property therein in the first
year in which operation, maintenance, debt service and other charges and expenses are to be made is
$0 to a one or two family house therein, there being none, and for the MDA parcel is $1,070.39 for
capital benefit assessments and $883.68 for Operation and Maintenance (O&M) charges, and for the
Adams parcel, it is $1,303.69 for capital benefit assessments and $28,575.68 for O&M charges; and
WHEREAS, said capital project for said Extension and the establishment thereof has been
determined to be a Type I Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,
the implementation of which as proposed, the Town Board has determined will not result in any
significant environmental effects; a full Environmental Assessment Form 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 March 28, 2011,
reciting a description of the boundaries of said proposed United Wappinger Water District
Extension No. 1 the improvements proposed, the $224,625 maximum amount proposed to be
expended for said improvements, 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 25th day of April, 2011, at 7:30 o'clock P.M., local time, at the Town Hall, in
Wappinger, 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 United
Wappinger Water District Extension No. 1 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 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 petitions for establishment of said proposed Extension No. 1 to the United
Wappinger Water District were signed and acknowledged or proven or
authenticated as required by law and are otherwise sufficient;
b) All the property and property owners within said proposed Extension No. 1 to
United Wappinger Water 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. 1 to United Wappinger Water District; and
d) The establishment of said proposed Extension No. 1 to United Wappinger Water
District is in the public interest.
Section 2. 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:
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
4/25/2011
The Resolution is hereby duly declared adopted.
C. MASTERSON, TOWN CLERK