2016-130 2016-130
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 March 28,
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-2016-130
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❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑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, 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 are available during regular office hours for examination by any persons
interested in the subject matter thereof, including estimate of cost; and
WHEREAS, the 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; and
WHEREAS, the improvements proposed for said 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, all as more fully described in the map,plan and report hereinbefore described;
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 maximum estimated cost of said improvements is $280,000; 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, 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, being a single family
home 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 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), 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, it is now desired to call a public hearing upon the question of the establishment
of said District and the improvements proposed therefor, all pursuant to Section 209-d 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. 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 25th day of April, 2016, at 7:30 P.M., Prevailing Time, for the purpose of holding
a 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 improvements proposed
therefor, and to consider the 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 2. 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, and said 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.
Section 3. 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
3/28/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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