ORDER OF THE TOWN BOARD CALLING A PUBLIC HEARING IN THE MATTER OF THE ESTABLISHMENT OF A NEW SEWER DISTRICT IN THE TOWN OF MONTGOMERY, ORANGE COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW
At a meeting of the Town Board of the Town of Montgomery, held at the Town Hall, 110 Bracken Road, Montgomery, New York 12549, Orange County, New York on the 17th day of November, 2022 at 7:00 o'clock p.m.
Michael Setteducato, Councilman
Sheryl A. Melick, Councilwoman
Kristen Brown, Councilwoman
Brian Maher, Supervisor
Ronald Feller, Councilman
Councilwoman Melick presented the following resolution which was seconded by Councilwoman Brown.
WHEREAS, a petition has been duly presented to the Town Board requesting that a new sewer district (the "Milk Factory Sewer District"), as hereinafter described, be established in the Town of Montgomery encompassing certain real property located at 2860 NYS Route 208, Montgomery, New York (Tax Parcel 214); and
WHEREAS, the necessary map, plan and report dated November 2, 2022 prepared by Mercuri-Norton-Tarolli-Marshall ("MNTM") Engineering, competent engineers duly licensed by the State of New York, showing the facilities involved together with the proposed boundaries of the proposed new sewer district was submitted with the petition and has been filed in the office of the Town Clerk of the Town of Montgomery where the same is available during regular office hours for examination by any persons interested in the subject matter thereof; and
WHEREAS, the boundaries of the proposed new sewer district are set forth in Schedule "A" annexed hereto and made a part hereof; and
WHEREAS, it is proposed that sewer capacity for the new sewer district be provided through an intermunicipal agreement between the Town of Montgomery (i.e., the Milk Factory Sewer District) and the Town of Shawangunk (i.e., the Wallkill Sewer District) and that the improvements within the new sewer district shall consist of certain mains, lines, and pump stations; and
WHEREAS, the amounts necessary to be expended for the said improvements shall not exceed $671,000 which amount shall be raised by the issuance of bonds, notes, certificates or other evidences of indebtedness paid through district charges; and
WHEREAS, $39,595.20 is set forth in the petition and the map, plan and report as the maximum amount proposed to be expended annually for the performance or supplying of services for the repair and maintenance of the sanitary sewer facilities for the new sewer district, which, since the proposed new sewer district consists of a single property, shall be the average annual cost of the district to a typical property; and
WHEREAS, the establishment of the new sewer district is subject to review under the State Environmental Quality Review Act and the regulations promulgated thereunder, which review is ongoing; and
WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said new sewer district pursuant to Article 12 of the Town Law.
NOW, THEREFORE, BE IT ORDERED by the Town Board of the Town of Montgomery, Orange County, New York, as follows:
1. The Town Board of the Town of Montgomery shall hold a public hearing at the Town Hall at 110 Bracken Road, Montgomery, New York 12549 on the 15th day of December, 2022 at 7:00 o'clock, p.m., in the matter of the establishment of the proposed new sewer district (the "Milk Factory Sewer District") as described in the preamble hereof, and to consider the petition and map, plan and report filed in relation thereto and the improvements therefore and to hear all persons interested in the subject matter thereof, and for such other action on the part of said Town Board as may be required or permitted by law.
2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the official newspaper of the Town, the first publication thereof to be not less than ten (10) nor more than twenty (20) days before the day set herein for the hearing as aforesaid, and the Town Clerk shall also cause a copy of this Order to be posted on the signboard of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten (10) nor more than twenty (20) days before the day set for the public hearing. Further, the Town Clerk is hereby authorized and directed to cause a copy of this Order to be filed with the Office of the New York State Comptroller.
3. This Order shall be entered in the minutes of the meeting and shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call which resulted as follows:
Michael Setteducato, Councilman Aye
Sheryl A. Melick, Councilwoman Aye
Kristen Brown, Councilwoman Aye
Ronald Feller, Councilman Absent
Brian Maher, Supervisor Aye
2860 ROUTE 208, INC.
ALL THAT LAND, situate in the Town of Montgomery, County of Orange, State of New York, bound and described as follows:
BEGINNING on the east side of New York State Route 208, at a found iron rod at the southwest corner of lands of Wallkill Greenhouse, LLC, Deed Reference Liber 14410, Page 1735, and being South Fifty-Four Degrees, Thirty-Two Minutes, Thirty Seconds East, Fifty and Zero Hundredths Feet (S 54