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A RESOLUTION APPROVING THE ESTABLISHMENT OF SEWER DISTRICT #1 PURSUANT TO SECTIONS 209-D OF THE TOWN LAW SUBJECT TO PERMISSIVE REFERENDUM

↑Meetings/Resolutions/53-2024
Activeformal_resolutionongoingThe Town Board approves the establishment of Sewer District #1 to serve 51 parcels in the TND corridor with a maximum cost of $6,596,000 to be financed by serial bonds and special benefit assessments.
First seen
2024-06-11
Latest event
2024-06-11
adopted
Expires
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Resolution text

RESOLVED

  1. upon the evidence given at the public hearing referred to above, it is hereby found and determined as follows: (a) The notice of hearing was published and posted as required by law and was otherwise sufficient; (b) All the property and property owners within the proposed additional Sewer District # 1 are benefited thereby; (c) All the property and property owners benefited are included within the limits of said proposed Sewer District #1. (d) The establishment of the proposed Sewer District # 1 is in the public interest.
  2. the Town Board does hereby approve the establishment of Town of Red Hook Sewer District #1, the boundaries of which shall be as described in Exhibit A attached hereto and hereby made a part hereof; and for such other action on the part of the Town Board with relation thereto as may be required by law, all as more fully described in the MPR.
  3. the maximum amount proposed to be expended for the construction of the Sewer District Improvements referred to herein is $6,596,000, which is planned to be financed by the issuance of serial bonds of said Town, and the costs of said Sewer District Improvements, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of special benefit assessments upon the several lots and parcels of land within Sewer District #1, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same based on the number of EDUs as described in the MPR.
  4. the Engineer shall prepare plans and specifications and make a careful estimate of the expense for said Sewer District Improvements and, with the assistance of the Town's attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as practicable.
  5. the Town Clerk is hereby authorized and directed to file a certified copy of this resolution, in duplicate, in the office of the State Department of Audit and Control, at Albany, New York, in the manner and form prescribed by law within ten (10) days after adoption hereof.
  6. this resolution shall take effect thirty days after adoption, unless there shall be filed with the Town Clerk a petition signed and acknowledged by the owners of taxable property situate in Sewer District #1, as shown on the latest completed assessment roll of said Town, in number equal to at least five percent of the total number of such owners, or by one hundred of such owners, whichever is the lesser, protesting against this resolution and requesting that the matter be submitted to the owners of taxable real property situate in said Sewer District #1 at a referendum in the manner provided by the Town Law.
  7. the Town Clerk is hereby authorized and directed to cause to be published at least once in the Poughkeepsie Journal, the official newspaper of the Town, and to be posted on the sign board of the Town maintained pursuant to the Town Law, not less than ten (10) days following the date hereof, a notice which shall set forth the date of adoption of this resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this resolution was adopted subject to a permissive referendum.
  8. the Town Clerk is hereby authorized and directed to cause a certified copy of this resolution and order to be duly recorded in the office of the Clerk of Dutchess County within ten (10) days after the effective date hereof.
Show preamble — 18 WHEREAS clauses
  • WHEREAS, at the request of the Town Board of the Town of Red Hook, Dutchess County, New York (the "Town"), T&B Engineering and Landscape Architecture, P.C., a competent engineer duly licensed by the State of New York (the "Engineer") has prepared an Map, Plan and Report dated May, 2024 (the "MPR"), and such MPR has been filed in the office of the Town Clerk of the Town of Red Hook and submitted to the Town Board
  • WHEREAS, the MPR provides for the creation of a new sewer district to be known as Sewer District #1, to include the property described at Exhibit A attached hereto, generally described as being within a portion of the Town in the TND Zoning District south of the Village of Red Hook along Route 9, excluding the TND-R District located west of Rt. 9, for the purpose of providing sewer service to serve 51 parcels (50 tax parcels) in the Town
  • WHEREAS, the proposed improvements as further described in the MPR include the construction and equipping of a collection system of approximately 10,123 LF utilizing a septic tank effluent pump ("STEP") system, connection to the Village of Red Hook Sewer System, and an expansion to the existing Village of Red Hook sewage treatment plant to provide capacity for an additional 50,000 gallons per day, and related improvements and equipment
  • WHEREAS, the maximum amount proposed to be expended for the proposed improvements described in the MPR is $6,596,000
  • WHEREAS, the estimated cost of hookup fees within the proposed Sewer District #1 is as follows: $20,000 to $35,000 depending on the size of the step tank, provided that to the extent of available funds the base hookup fee (excluding specialized fees for site specific requirements such as restaurant grease traps), may be included in the initial capital project and waived for properties hooking up within the initial designated construction period, and the MPR includes a detailed explanation of how the estimated cost of hook-up fees was computed
  • WHEREAS, a portion of the improvements described in the MPR consists of improvements to the Village Sewer System pursuant to a proposed Intermunicipal Agreement ("IMA") in order to provide for use of such system for the proposed Sewer District No. 1, and the cost of expansion is anticipated to be paid in part by the Village and in part by the Town Sewer District #1 on the basis of a reasonable method of allocation based on the 50,000 gallons per day share of dedicated capacity required for the Sewer District #1 as described in the MPR
  • WHEREAS, the plan of financing set forth in the MPR indicates that the Town anticipates the issuance of its obligations pursuant to the Local Finance Law to pay the costs of the improvements
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to the typical Sewer District No. 1 property assumed to be assessed capital costs based on 1 EDU, that being the mode of all properties in the proposed District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to a typical Sewer District No. 1 one or two family residential property to be assessed capital costs based on 1 EDU, that being the mode of such residential properties in the District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed
  • WHEREAS, the proposed method of apportioning the costs of construction and improvement of Sewer District #1 is to assess the costs entirely against the lands benefitted thereby, being the entire area of the Sewer District #1; and to assess, levy and collect costs from the several lots or parcels within such benefitted area in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels, based on the number of EDUs as described in the MPR
  • WHEREAS, the MPR is on file in the Town Clerk's Office and is available for public inspection
  • WHEREAS, pursuant to Section 209-d of Town Law, the Town Board may authorize establishment of a sewer district only after it hears evidence given at a public hearing held in the manner prescribed in Section 209-c of Town Law and determines that it is the public interest to authorize such creation
  • WHEREAS, the Town Board has heretofore declared its intent to be the lead agency, pursuant to the State Environmental Quality Review Act and prepared a long Environmental Assessment Form, all of which was circulated by the Town Clerk to interested and involved agencies as required by law
  • WHEREAS, the Town Board adopted a resolution on May 13, 2024, providing for a hearing to be held on May 29, 2024 at 7:55 p.m. regarding the establishment of the proposed Sewer District
  • WHEREAS, notice of such 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, such public hearing was duly held on May 29, 2024, and continued to June 11, 2024, at which all persons desiring to be heard were duly heard
  • WHEREAS, said Town Board has duly considered said MPR and the evidence given at said public hearing
  • WHEREAS, the Town Board as lead agency has heretofore declared the proposed project to be an unlisted action pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects, or the action avoids or minimizes adverse environmental impacts to the maximum extent practicable

Lifecycle (1 event)

2024-06-11adoptedvote: unanimous
Approve the Establishment of Sewer District #1 Pursuant to Sections 209-D of the Town Law Subject to Permissive Referendum.
moved by McKeon · seconded by Hamel
Show text snapshot for this event
Resolved
  1. upon the evidence given at the public hearing referred to above, it is hereby found and determined as follows: (a) The notice of hearing was published and posted as required by law and was otherwise sufficient; (b) All the property and property owners within the proposed additional Sewer District # 1 are benefited thereby; (c) All the property and property owners benefited are included within the limits of said proposed Sewer District #1. (d) The establishment of the proposed Sewer District # 1 is in the public interest.
  2. the Town Board does hereby approve the establishment of Town of Red Hook Sewer District #1, the boundaries of which shall be as described in Exhibit A attached hereto and hereby made a part hereof; and for such other action on the part of the Town Board with relation thereto as may be required by law, all as more fully described in the MPR.
  3. the maximum amount proposed to be expended for the construction of the Sewer District Improvements referred to herein is $6,596,000, which is planned to be financed by the issuance of serial bonds of said Town, and the costs of said Sewer District Improvements, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of special benefit assessments upon the several lots and parcels of land within Sewer District #1, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same based on the number of EDUs as described in the MPR.
  4. the Engineer shall prepare plans and specifications and make a careful estimate of the expense for said Sewer District Improvements and, with the assistance of the Town's attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as practicable.
  5. the Town Clerk is hereby authorized and directed to file a certified copy of this resolution, in duplicate, in the office of the State Department of Audit and Control, at Albany, New York, in the manner and form prescribed by law within ten (10) days after adoption hereof.
  6. this resolution shall take effect thirty days after adoption, unless there shall be filed with the Town Clerk a petition signed and acknowledged by the owners of taxable property situate in Sewer District #1, as shown on the latest completed assessment roll of said Town, in number equal to at least five percent of the total number of such owners, or by one hundred of such owners, whichever is the lesser, protesting against this resolution and requesting that the matter be submitted to the owners of taxable real property situate in said Sewer District #1 at a referendum in the manner provided by the Town Law.
  7. the Town Clerk is hereby authorized and directed to cause to be published at least once in the Poughkeepsie Journal, the official newspaper of the Town, and to be posted on the sign board of the Town maintained pursuant to the Town Law, not less than ten (10) days following the date hereof, a notice which shall set forth the date of adoption of this resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this resolution was adopted subject to a permissive referendum.
  8. the Town Clerk is hereby authorized and directed to cause a certified copy of this resolution and order to be duly recorded in the office of the Clerk of Dutchess County within ten (10) days after the effective date hereof.
Whereas
  • WHEREAS, at the request of the Town Board of the Town of Red Hook, Dutchess County, New York (the "Town"), T&B Engineering and Landscape Architecture, P.C., a competent engineer duly licensed by the State of New York (the "Engineer") has prepared an Map, Plan and Report dated May, 2024 (the "MPR"), and such MPR has been filed in the office of the Town Clerk of the Town of Red Hook and submitted to the Town Board
  • WHEREAS, the MPR provides for the creation of a new sewer district to be known as Sewer District #1, to include the property described at Exhibit A attached hereto, generally described as being within a portion of the Town in the TND Zoning District south of the Village of Red Hook along Route 9, excluding the TND-R District located west of Rt. 9, for the purpose of providing sewer service to serve 51 parcels (50 tax parcels) in the Town
  • WHEREAS, the proposed improvements as further described in the MPR include the construction and equipping of a collection system of approximately 10,123 LF utilizing a septic tank effluent pump ("STEP") system, connection to the Village of Red Hook Sewer System, and an expansion to the existing Village of Red Hook sewage treatment plant to provide capacity for an additional 50,000 gallons per day, and related improvements and equipment
  • WHEREAS, the maximum amount proposed to be expended for the proposed improvements described in the MPR is $6,596,000
  • WHEREAS, the estimated cost of hookup fees within the proposed Sewer District #1 is as follows: $20,000 to $35,000 depending on the size of the step tank, provided that to the extent of available funds the base hookup fee (excluding specialized fees for site specific requirements such as restaurant grease traps), may be included in the initial capital project and waived for properties hooking up within the initial designated construction period, and the MPR includes a detailed explanation of how the estimated cost of hook-up fees was computed
  • WHEREAS, a portion of the improvements described in the MPR consists of improvements to the Village Sewer System pursuant to a proposed Intermunicipal Agreement ("IMA") in order to provide for use of such system for the proposed Sewer District No. 1, and the cost of expansion is anticipated to be paid in part by the Village and in part by the Town Sewer District #1 on the basis of a reasonable method of allocation based on the 50,000 gallons per day share of dedicated capacity required for the Sewer District #1 as described in the MPR
  • WHEREAS, the plan of financing set forth in the MPR indicates that the Town anticipates the issuance of its obligations pursuant to the Local Finance Law to pay the costs of the improvements
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to the typical Sewer District No. 1 property assumed to be assessed capital costs based on 1 EDU, that being the mode of all properties in the proposed District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed
  • WHEREAS, the proposed plan of financing is expected to result in a total annual cost of $2602 to a typical Sewer District No. 1 one or two family residential property to be assessed capital costs based on 1 EDU, that being the mode of such residential properties in the District, for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid, and the MPR includes a detailed explanation of how such estimated annual cost was computed
  • WHEREAS, the proposed method of apportioning the costs of construction and improvement of Sewer District #1 is to assess the costs entirely against the lands benefitted thereby, being the entire area of the Sewer District #1; and to assess, levy and collect costs from the several lots or parcels within such benefitted area in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels, based on the number of EDUs as described in the MPR
  • WHEREAS, the MPR is on file in the Town Clerk's Office and is available for public inspection
  • WHEREAS, pursuant to Section 209-d of Town Law, the Town Board may authorize establishment of a sewer district only after it hears evidence given at a public hearing held in the manner prescribed in Section 209-c of Town Law and determines that it is the public interest to authorize such creation
  • WHEREAS, the Town Board has heretofore declared its intent to be the lead agency, pursuant to the State Environmental Quality Review Act and prepared a long Environmental Assessment Form, all of which was circulated by the Town Clerk to interested and involved agencies as required by law
  • WHEREAS, the Town Board adopted a resolution on May 13, 2024, providing for a hearing to be held on May 29, 2024 at 7:55 p.m. regarding the establishment of the proposed Sewer District
  • WHEREAS, notice of such 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, such public hearing was duly held on May 29, 2024, and continued to June 11, 2024, at which all persons desiring to be heard were duly heard
  • WHEREAS, said Town Board has duly considered said MPR and the evidence given at said public hearing
  • WHEREAS, the Town Board as lead agency has heretofore declared the proposed project to be an unlisted action pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects, or the action avoids or minimizes adverse environmental impacts to the maximum extent practicable
Subject key: sewer_district_1_establishment