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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Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑ Michael Kuzmicz Seconder, Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Fenton and seconded by Councilman Kuzmicz.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