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Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale.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