2016-278 2016-278
In The Matter Of The Establishment of Mid-Point Park 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
24, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-278
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York(the
"Town"), has duly caused to be prepared a map showing the boundaries of a proposed sewer district
in said Town, to be known as Mid-Point Park Sewer District in the Town of Wappinger
(hereinafter, the "Mid-Point Park Sewer District" or simply, the "District") a general plan to serve
said District, and a report of the proposed method of operation thereof including capital
improvements therefor and an estimate of cost thereof, and
WHEREAS, said Map, Plan and Report, including an estimate of the cost, dated February
23, 2016, were prepared by Morris Associates Engineering Consultants, PLLC (the "February 2016
Report"), competent engineers duly licensed by the State of New York, and have been filed in the
office of the Town Clerk of said Town, where the same have been available during regular office
hours for examination by any persons interested in the subject matter thereof, including estimate of
cost; and
WHEREAS, on April 25, 2016, a public hearing was duly held to consider establishment of
said District; and
WHEREAS, it has since been determined that the proposed boundaries of said District as
presented in said Map,Plan and Report included a parcel of land that was not connected to the Mid-
Point Park Sewer System, said parcel being 1415 Route 376 in the Town of Wappinger, Tax ID No.
135689-6259-04-921040, it having been the intention of the Town Board that the boundaries of the
proposed District only include parcels actually connected to the Mid-Point Park Sewer System; and
WHEREAS, said parcel is prohibited from connecting to the Mid-Point Park Sewer System
because of New York State Department of Environmental Conservation (NYS DEC) permit
limitations and is therefore not benefitted by the proposed Mid-Point Park Sewer District; and
WHEREAS, the elimination of said parcel and other revisions to the February 2016 Report
in connection therewith are necessary and have been completed; and
WHEREAS, the February 2016 Report has been revised by the preparation of Amendment
No. 1 to the Map, Plan and Report by Morris Associates Engineering Consultants, PLLC dated
October 24, 2016 and same has been filed in the Office of the Town Clerk of said Town where
same, together with the February 2016 Report, is available during regular office hours for
examination by any person interested in the subject matter thereof, and
WHEREAS, the revised boundaries of said District shall be as described in Schedule A
attached hereto and hereby incorporated herein and consist of and are coterminous with the
boundaries of the Mid-Point Park Sewer Improvement Area established in 1974 plus the Blue Fin
Acquisition Corp. parcel which had been permitted to connect to the Mid-Point Park Sewer System
as a tenant;the Blue Fin parcel is described as tax grid parcel no. 6259-04-907028; and
WHEREAS, the improvements proposed for said District consist of slip lining or relining of
gravity sewer mains along Gabriella Drive in the vicinity of the boundary of the existing Mid-Point
Park Wastewater Treatment Plant and related reconstruction work (which facilities were made an
improvement of the Mid-Point Park Sewer Improvement Area in the Town of Wappinger held by
the Town for the benefit of the properties therein by Order of the Town Board dated and duly
adopted on June 10, 1974 pursuant to Article 12-C of the Town Law, an area conterminous with
that of the District but for the addition of one parcel), 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, as revised as hereinbefore
described; and
WHEREAS, the maximum estimated cost of said improvements is $280,000; and
WHEREAS, said improvements are required pursuant to an Order on Consent between the
Town and the State of New York Department of Environmental Conservation (Case No. R3-
20150210-16); and
WHEREAS, the proposed method of financing the cost of said improvements consists of the
issuance of not to exceed $280,000 serial bonds of said Town maturing in annual installments over
a period not exceeding forty years, which will be payable in the first instance from an annual
assessment upon the several lots or parcels of land in said District which the Town Board shall
determine and specify to be specially benefitted thereby in proportion to the benefit derived
therefrom, in the manner provided by law, in an amount sufficient to pay the principal and interest
on said bonds as the same become due, but if not paid from such source, all the taxable real property
in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount
sufficient to pay the principal of and interest on said bonds as the same shall become due and
payable; and
WHEREAS, the estimated cost of hook-up fees to the typical property in said District being
a single family house is $0; and
WHEREAS, the estimated cost of said District to the typical property, including capital
charges and O&M costs, being a single family home therein, is $894 in the first year in which
operation, maintenance, debt service and other charges and expenses are to be paid; and
WHEREAS, a detailed explanation of the manner by which were computed said estimated
costs of hook-up fees and first-year costs to typical property has been filed in the office of the Town
Clerk at the Town Hall in Wappingers Falls, New York where the same are available during regular
office hours for examination by any person interested in the subject manner thereof, and
WHEREAS, said capital project has been determined to be a Type 11 Action pursuant to the
regulations of the New York State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act ("SEQRA") including 6 NYCRR Part
617.5(c)(2), (c)(5) and (c)(29), and , the implementation of which as proposed, the Town as Lead
Agency has determined will not result in a significant environmental effect and SEQRA compliance
materials are on file in the office of the Commission where they may be inspected during normal
office hours, and the establishment of said District is likewise a Type 11 Action; and
WHEREAS, it is now desired to call an additional public hearing upon the question of the
establishment of said District and the improvements proposed therefor, all pursuant to Section 209-d
and Section 209-e(2)(b) 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. In accordance with the requirements of Section 209-e (2)(b) of the Town
Law, the Town Board hereby determines that a certain property owner and property heretofore
determined to be benefitted by the establishment of the proposed District by resolution dated and
duly adopted on April 25, 2016 being the property owner of 1415 Route 376 in the Town of
Wappinger, Tax ID No. 135689-6259-04-921040, is not benefitted thereby and that a change of the
boundaries of said proposed District are necessary in order that all of the property and property
owners and only such property and property owners as are benefitted thereby are included therein.
Section 2. A meeting of the 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 14th day of November, 2016, at 7:30 o'clock P.M., Prevailing Time, for the
purpose of holding an additional public hearing to consider the establishment of a sewer district in
said Town as described in the preambles hereof, to be known as to Mid-Point Park Sewer District,
and the improvement and the revised boundaries and maximum estimated cost proposed therefor,
and to consider the revised 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 3. The Town Clerk is hereby authorized and directed to cause a copy of this
order, together with the"Notice of Adoption", to be published once in the official newspaper 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. The 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, and give
such additional notice as may be directed by counsel to the Town.
Section 4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
10/24/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK