2016-239 2016-239
Resolution Making Certain Determinations In Relation To An Application For State
Comptroller Approval Of A Proposed Sewer District, In The Town Of Wappinger,
Dutchess County, New York, To Be Known As The Mid Point Park Sewer District Of 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
September 12, 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-2016-239
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❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑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,
has duly caused to be prepared a Map, Plan and Report dated February 23, 2016, showing the
boundaries of the proposed Sewer District in said Town, to be known as the Mid Point Park
Sewer District (the "District"), and a general plan to serve said District, and a report of the
proposed improvements and method of operation thereof including an estimate of cost; and
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, and
WHEREAS, the establishment of the District and the capital project proposed therefor,
have been determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State Environmental
Quality Review Act, which as proposed, the Town Board has determined will not have any
significant adverse effects on the environment; and
WHEREAS, an Order was duly adopted by the Town Board on March 28, 2016, reciting
a description of the boundaries of the District, the improvements proposed, the maximum
amount proposed to be expended for said improvements, the proposed methods of financing to
be employed, the fact that said Map, Plan and Report, including an estimate of cost, were on file
in the Office of the Town Clerk for public inspection and specifying the 25th day of April, 2016,
at 7:30 o'clock P.M., local 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 the District and said Map, Plan and Report
(including estimate of cost) filed in relation thereto and to hear all persons interested in the
subject thereof concerning the same; and
WHEREAS, notice of 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 have been duly presented to said Town Board(with posting continued
until date of hearing); 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 duly considered said Map, Plan and Report (including
estimate of cost) and the evidence given at said public hearing; and
WHEREAS, said Town Board in proceedings adopted on April 25, 2016 and subject to
permissive referendum, has made the determinations required by Section 209-e of the Town Law
after careful review of the cost and project as proposed and upon advice as to its continued
feasibility at said cost; and
WHEREAS, no petition for permissive referendum has been filed in relation thereto; and
WHEREAS, an application for approval of establishment of said District has been
prepared for submission to the Office of the State Comptroller and the Town Board has reviewed
said application.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Upon the evidence given as the aforesaid public hearing and review of the
application to the Office of the State Comptroller for permission to establish the District, it is
hereby found and determined as follows, pursuant to the requirements of Section 85.3(b)(1) of
Chapter III of Title 2 of the New York Codes, Rules and Regulations:
a) The application to the Office of the State Comptroller was prepared at the
direction of this Town Board and submitted to the Town Board for review on
or about June 7, 2016;
b) The Town Board, by Resolution No. 2016-187, acknowledged receipt of the
application to be submitted to the Office of the State Comptroller; that the
Town Board believed the contents to be accurate; and authorized the
Supervisor of the Town to execute the application on behalf of the Town
Board;
c) The establishment of the proposed District is in the public interest and will not
constitute an undue burden of the property which will bear the cost thereof,
d) All the property and property owners within the proposed District, as
described in the preambles hereof, are benefited thereby; and
e) All the property and property owners benefited are included within the limits
of the proposed District.
3. The time period for a permissive referendum has passed and no petition for
referendum has been filed; and
4. The Town Clerk is directed to execute two (2) original certificates that no petition
for referendum was filed in substantially the same form as annexed hereto.
5. The Town Clerk shall, as soon as practicable but in any event within ten (10) days
after the date hereof, prepare two (2) certified copies of this Resolution for filing in the Office of
the State Comptroller, Department of Audit and Control at Albany, New York.
6. The Town Clerk and the Attorney to the Town shall provide to the Office of the
State Comptroller all additional documents required for permission to establish the District as
provided for by Subdivision 3 of Section 209-f of the Town Law of the State of New York; and
that such application shall be executed by and on behalf of the Town Board by the Supervisor of
the Town.
7. This Resolution 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
9/12/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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