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2012-266 2012-266 Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No.2 of the United Wappinger Sewer District 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 October 9,2012. 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 Czarniecki (arrived at 7:39 PM) Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilwoman Czarniecki. WHEREAS, a written petition 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 sewer district extension, to be known as Extension No.2 to the United Wappinger Sewer 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 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: purchase and installation of 8-inch gravity sewer collection mains for connection to the existing District sewer main located near the junction of Route 9 and Old Post Road and, including a pump station, and 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 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 $15,000 (Amora), $3,000 (STS Tire) and $4,800 (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 therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $3,760.63 (Amora), $3,760.63 (STS Tire) and $1,938.37 (Lauria), none being typical, and $0 to a one or two family house therein, there being none; 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, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a short Environmental Assessment Form having been prepared in connection therewith which is available for review in the office ofthe Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 2 to the United Wappinger Sewer District the improvements proposed, the $35,000 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 9th day of October, 2012, 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 Extension No.2 to the United Wappinger Sewer District 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 petition for establishment of said proposed Extension No.2 to the United Wappinger Sewer District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No.2 to United Wappinger Sewer 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.2 to United Wappinger Sewer District; and d) he establishment of said proposed Extension No.2 to United Wappinger Sewer 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: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 10/9/2012 The Resolution is hereby duly declared adopted. t:~~~~ CHRISTINE FULTON, TOWN CLERK f'rof-e-MY nOs. OHSUSA:751797490. ] Exhibit A Boundaries of Proposed Extension No.2 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York iolfVJkf-:-ec{ Py red \ yOp"V'~ 7c1~ yiq (91f) 7~t> -4 ~ 6>25 46'3 (Ld. LJr-; 4) tb/57-04-t,3043S' (7d~rk;vz) 0/s7-04~.{,234("S" (A.06r<{ L~