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2011-1602011-160 A Resolution Approving the Establishment of United Wappinger Water District Extension No. 1 and the Improvements in Connection Therewith 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 UCRINILN Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czamiecki. 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 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 as described in the petition ("MDA"), and the hook up fee for the Adams parcel as described in the petition ("Adams") 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, and the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a full Environmental Assessment Form having been prepared in connection therewith which is on file in the office of the Town Clerk where it may be reviewed 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 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said petition, 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 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 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; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No. 1 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the (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, at a maximum estimated cost of $224,625, is hereby approved. The cost of said improvements shall be paid by the owners of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days after this resolution takes effect, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. 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. m6ad�'fi HN C. MASTERSON, TOWN CLERK