Loading...
2012-239 2012-239 Order Calling Public Hearing in the Matter of the Establishment of Extension No.3 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York At a regular meeting ofthe Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 10,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czamiecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Bettina. WHEREAS, Amora LLC ("Amora"), Robert Tompkins ("STS Tire"), and Eduardo Lauria and Lucia Lauria ("Lauria") (hereinafter collectively, the "Applicants") have previously entered into an agreement amongst themselves calling for the construction, installation and extension of service lines to be connected to water lines owned and operated by the United Wappinger Water District (the "District") by Agreement dated August 2012 and WHEREAS, a written petition (the "Petition") has been duly filed by the Applicants with the Town Board of the Town of Wappinger, Dutchess County, New York (the "Town"), in relation to the establishment of a proposed water district extension, to be known as Extension No. 3 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 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, competent engineers dilly 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: purchase and installation of 4-inch water distribution mains for connection to the existing District water main located near the junction of Route 9 and 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 $35,000; and said Extension 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 $10,000 (Amora), $2,000 (STS Tire) and $3,200 (Lauria), none being typical, and $-0- to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property in said Extension therein is $1,443.09 (Amora), $745.13 (STS Tire) and $659.40 (Lauria), none being typical, in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $0 to a one or two family house therein, there being none; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property has been filed in the office of the Town Clerk where the same are available during regular office hours by any person interested therein for examination by any person interested in the subject manner thereof; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, and a short Environmental Assessment Form has been prepared in connection therewith and is on file in the office of the Town Clerk where it may be inspected during regular office hours by any person interested therein, and it has been determined that said capital project will not result in any significant adverse environmental effects; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said Extension, the petition therefore, and the improvements proposed therefore, all pursuant to Section 193 of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. Section 2. The Town Board hereby accepts the Petition for an extension of the United Wappinger Water District as proposed in the aforementioned Petition, which is Petition was duly signed by Amora LLC, Robert Tompkins, and Eduardo Lauria (the "Applicants"), and further acknowledges receipt of the aforesaid map, plan and report for an extension to the United Wappinger Water District to provide water service to the aforementioned parcels owned by the Applicants located on Old Post Road in the Town of Wappinger, a copy of which map, plan and report is affixed to the Petition, and which is on file in the office of the Town Clerk. Section 3. A meeting ofthe Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the day of October 09,2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a water district extension in said Town as described in the preambles hereof, to be known as Extension No.3 to the United Wappinger Water District, the petition therefore, and the improvements proposed therefore, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 4. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 5. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 9/10/2012 The Resolution is hereby duly declared adopted. /i~ (.h........~ CHRISTINE FULTON, TOWN CLERK . OHS USA:7 51 086315.1 Exhibit A Boundaries of Proposed Extension No.3 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York