2017-80 2017-80
In the Matter of The establishment of a Sewer District in the Town of Wappinger, Dutchess County, New
York, to be known as Mid Point Park Sewer District
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 March 13, 2017.
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-2017-80
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑
Michael Kuzmicz Seconder, Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Fenton and seconded by Councilman
Kuzmicz.
WHEREAS, a map, plan and report, including an estimate of cost, have been filed in the office of the
Town Clerk of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of Mid Point
Park Sewer District; and
WHEREAS, the improvements in connection with the establishment of said Mid Point Park Sewer District,
consist of improvements to the sewer collection system by sliplining or relining of gravity sewer main along
Gabriella Drive and in vicinity of the existing sewage treatment facility and related reconstruction work, including
original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection
therewith, as more fully described in the aforesaid map,plan and report; and
WHEREAS, the maximum amount proposed to be expended for said improvements is $280,000; and
WHEREAS, an Order was duly adopted by said Town Board on March 28, 2016, reciting a description of
the boundaries of said proposed Mid Point Park Sewer District, the improvements proposed therefor, the maximum
amount proposed to be expended for said improvements, the proposed method of financing 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 25th
day of April, 2016, at 7:30 o'clock P.M., Prevailing 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 hear all persons interested in the subject thereof concerning the same; and
WHEREAS, such order was duly published and posted in the manner and within the time prescribed by
Section 209-d of the Town Law and proof of such publication and posting has been duly presented to said Town
Board; and
WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at
which time all persons desiring to be heard were duly heard; and
WHEREAS, following said public hearing and based upon the evidence given thereat, said Town Board
duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section
209-e of the Town Law and a resolution approving the establishment of said Mid Point Park Sewer District; and
WHEREAS, such resolution establishing the District was adopted subject to permissive referendum and the
period of time during which a petition could be filed requesting a referendum elapsed without a petition being so
filed; and
WHEREAS, an Order was duly adopted by said Town Board on October 24, 2016, reciting a revised
description of the boundaries of said proposed Mid Point Park Sewer District, the improvements proposed therefor,
the maximum amount proposed to be expended for said improvements, the proposed method of financing 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 14th day of November, 2016, at 7:30 o'clock P.M., Prevailing 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 an additional public hearing to hear all persons interested in the
subject thereof concerning the same; and
WHEREAS, such order was duly published and posted in the manner and within the time prescribed by
Section 209-d of the Town Law and proof of such publication and posting has been duly presented to said Town
Board; and
WHEREAS, said additional public hearing was duly held at the time and place set forth in said order, as
aforesaid, at which time all persons desiring to be heard were duly heard; and
WHEREAS, following said public hearing and based upon the evidence given thereat, said Town Board
duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section
209-e of the Town Law and a resolution approving the establishment of said Mid Point Park Sewer District; and
WHEREAS, such resolution establishing the District was adopted subject to permissive referendum and the
period of time during which a petition could be filed requesting a referendum elapsed without a petition being so
filed; and
WHEREAS, an application for approval to establish Mid Point Park Sewer District to the Office of the
State Comptroller was required based on the annual cost to the typical property in said District, and was submitted
thereto and approval of the State Comptroller has been received dated March 1, 2017; NOW, THEREFORE, IT IS
HEREBY
ORDERED, by the Town Board of the Town of Wappinger, Dutchess County,New York, as follows:
Section 1. Mid Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, is
hereby established, to be bounded and described as set forth in Appendix A attached hereto and made a part hereof.
Section 2. In connection with the establishment of the Mid Point Park Sewer District, the
improvements therefore, consisting of the improvements to the sewer collection system by sliplining or relining of
gravity sewer main along Gabriella Drive and in vicinity of the existing sewage treatment facility and related
reconstruction work, including original equipment, machinery, apparatus, appurtenances, and incidental
improvements and expenses in connection therewith, as more fully described in the aforesaid map,plan and report,
are hereby authorized and approved. The maximum estimated cost to said Mid Point Park Sewer District pursuant
to these proceedings for said improvements shall not exceed $280,000. Said cost of said improvements for said
District shall be financed by the issuance of not exceeding $280,000 serial bonds of said Town maturing in annual
installments over a period not exceeding forty years,payable in the first instance from assessments upon the several
lots and parcels of land in said District which the Town Board shall determine to be specially benefitted thereby in
proportion to the benefit derived therefrom in the manner so 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.
Section 3. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: John J. Fenton, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
3/13/2017
The Resolution is hereby duly declared Adopted.
JOSZ P P. PAOLONI, TOWN CLERK