2016-162 2016-162
Resolution Making Certain Determinations In Relation To And Approving The
Establishment Of Mid Point Park Sewer District Of The Town Of Wappinger, Dutchess
County, New York, Pursuant To Article L2 A Of The Town Law
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 April 25,
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-2016-162
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ 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❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑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, a map, plan and report have been prepared in such manner and in such detail
as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess
County, New York, relating to the establishment of Mid Point Park Sewer District of said Town;
WHEREAS, said map, plan and report were prepared by a competent engineer, 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 are available during regular office hours for examination by any persons
interested in the subject matter thereof,
WHEREAS, said Mid Point Park Sewer District shall be bounded and described as
hereinafter set forth;
WHEREAS, the improvement proposed for said Mid Point Park Sewer District consists
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;
WHEREAS, the maximum amount proposed to be expended for said improvement is
$280,000;
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), the implementation of which as proposed, the Town as Lead Agency
has determined, as so defined, will not result in any significant adverse environmental impact and
SEQRA compliance materials are on file in the office of the Town Clerk where they may be
inspected during normal office hours, and the establishment of said District is likewise a "Type 11
Action"; and
WHEREAS, said improvements are required pursuant to an Order on Consent between the
Town and he 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 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, there are no estimated costs of hook-up fees to the typical property in Mid
Point Park Sewer District as existing property owners in the proposed District are currently being
serviced; and
WHEREAS, the estimated cost of the establishment of the Mid Point Park Sewer District
to the typical property therein is $894.00 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 such first-year costs to the
typical property were computed, has been filed in the office of the Town Clerk where the same
are available during regular office hours for examination by any person interested in the subject
manner thereof, 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, the maximum amount proposed to be expended for said improvements,
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, in Wappinger, 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 said Mid Point Park 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;
WHEREAS, notice of the aforesaid public hearing was duly published and posted in the
manner and within the time prescribed by Section 209-d of the Town Law, and proof of
publication and posting has been duly presented to said Town Board;
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 notice of hearing was published and posted as required by law and is
otherwise sufficient;
b) All the property and property owners within said proposed Mid Point Park Sewer
District are benefited thereby;
C) All the property and property owners benefited are included within the limits of
said proposed Mid Point Park Sewer District; and
d) The establishment of said proposed Mid Point Park Sewer District is in the public
interest.
Section 2. The establishment of Mid Point Park Sewer District of the Town of
Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and
the improvement therefor consisting 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, at a maximum estimated cost to the Mid Point Park Sewer District of$280,000, are
hereby approved.
Section 3. Said Mid Point Park Sewer District shall be bounded and described as set
forth in Appendix A attached hereto and hereby made a part hereof:
Section 4. The Town Clerk shall, within ten (10) days after the effective date of this
resolution, file certified copies of this resolution in duplicate in the Office of the State
Department of Audit and Control at Albany, New York.
Section 5. This resolution is adopted subject to permissive referendum.
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
4/25/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK