2014-1652014-165
A Resolution Making Certain Determinations In Relation To And Finding It To Be In The
Public Interest To Establish Extension No. 3 To 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 June 9,
2014.
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
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman 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. 3 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 Engineering Consultants, 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 purchase and
installation of sanitary sewer collection pipes and pump station, including original 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 $10,000; and
WHEREAS, in addition to the cost of improvements, the Petitioners are required to pay a
capital buy-in fee for the pro-rata cost of existing facilities pursuant to Town Code § 236-6 in the
amount of $4,800.00; and
WHEREAS, the cost of said improvements shall be paid in full by the owner of the
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
having a sole parcel, is $0, and $0 to the one or two family home therein; and
WHEREAS, the estimated cost of said Extension to the typical property therein having a
sole parcel, in the first year in which operation, maintenance, debt service and other charges and
expenses are to be made is $793.60 and is same to the one or two family home therein; 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, the implementation of which as proposed, the Town Board has determined will not result in
any significant environmental effects and has hereby issued a Negative Determination of
Significance; a Short 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 May 6, 2014, reciting a
description of the boundaries of said proposed Extension No. 3 to the United Wappinger Sewer
District, the improvements proposed, the $10,000 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 June, 2014, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, 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. 3 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 petition and 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. 3 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. 3 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. 3 to United Wappinger Sewer District; and
d) The establishment of said proposed Extension No. 3 to United Wappinger Sewer
District is in the public interest.
Section 2. The Town Clerk shall, within ten (10) days of adoption hereof, file a
certified copy of this resolution in duplicate in the office of the State Department of Audit and
Control at Albany, New York.
Section 3. 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 Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
6/9/2014