2016-285 2016-285
A 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 12-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
November 14, 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-2016-285
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❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑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 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
(the "District");
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 improvements 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 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 said Town 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 coterminous with that of the proposed District
but for the addition of one parcel as hereinafter described), 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 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 thirty 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, 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 were 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. 6529-04-907028; and
WHEREAS, an Order was duly adopted by said Town Board on October 24, 2016,
reciting a description of the revised 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 14th day of November, 2016, at 7:30 o'clock P.M.,
Prevailing 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 said Mid-Point Park Sewer District with the boundary
revised as described herein 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 boundary
of the existing Mid-Point Park Wastewater Treatment Plant 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 with boundary revised as described
herein shall be bounded and described as set forth in Appendix A attached hereto and hereby
made a part hereof.
Section 4. Resolution No. 2016-162 of this Town Board is hereby superseded.
Section 5. 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 6. This resolution is adopted subject to permissive referendum.
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
11/14/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK