CREATION OF THE HILLSIDE WATER DISTRICT
SUBJECT TO PERMISSIVE REFERENDUM
PUBLIC NOTICE is hereby given that the Town Board of the Town of Warwick, New York,
on October 12, 2023, adopted a resolution, subject to a permissive referendum a copy of which is as follows:
At a meeting of the Town Board of the TOWN OF WARWICK, Orange County, New York, held at the Town Hall of said Town on the 12th day of October.
Present:
Supervisor Michael P. Sweeton
Councilman James Gerstner
Councilman Floyd DeAngelo
Councilman Russel Kowal
Councilman Kevin Shuback
In the matter of:
The creation of the “Hillside Water District” in the Town of Warwick, Hamlet of Bellvale, Orange County, New York, Pursuant to Article 12A of Town Law
RESOLUTION APPROVING THE CREATION OF THE HILLSIDE WATER DISTRICT
Motion by Supervisor Sweeton, seconded by Councilman James Gerstner to adopt the order and determination creating the Hillside Water District as set forth below:
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 WARWICK, Orange County, New York, relating to the creating Hillside Water District in said Town, and
WHEREAS, such map, plan and said report was prepared by HDR, a competent
engineering firm duly licensed by the State of New York, showing the area of the proposed district and a general plan of the said system and a report on the extent of improvements necessary; and
WHEREAS, the area of said extension is set forth in Schedule “A”; and
WHEREAS, an order was duly adopted by the Town Board of the Town of Warwick, on
October 12, 2023, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the maximum amount proposed to be expended for such improvements to be installed in such district including purchase price is $75,000.00, the cost to be borne by the properties in the creation, and the fee for new hookups and the annual cost to the typical property owner will be less than current charges from the private owner, the fact that the map, plan and report describing the same are on file in the Town Clerk’s office for public inspection, and stating all other matters required by law to be stated, and specifying October 12,
2023, at 7:15 p.m., on that day, as the time and the Town Hall located at 132 Kings Highway, Warwick, New York, as the place where the said Town Board would meet to consider said map, plan and report, and to hear all persons interested in the subject thereof concerning the same, and to take such action thereon as is required or authorized by law; and
WHEREAS, such order was duly published and posted as required by law; and
WHEREAS, permission of the State Comptroller to create such district may be required
because the cost is to be financed by bonds or other evidence of indebtedness; and
WHEREAS, a hearing on said matter was duly held by said Town Board on October 12,
2023, at 7:15 p.m. of that day, at the Town Hall located at 132 Kings Highway, Warwick, New York, and full discussion of the matter having been duly heard, and after due consideration; and
DETERMINED AND ORDERED:
Based on the map, plan and report, the Environmental Assessment Form, reviewed by this Board, and the recommendations of the Town’s engineering consultant, and for the reasons set forth in the SEQRA Negative Declaration attached hereto, this Board determines that this action will not have a significant adverse impact on the environment.
BE IT FURTHER DETERMINED AND ORDERED:
a) That the notice of hearing was published and posted as required by law and is otherwise sufficient.
b) That all property and property owners, within the proposed district, are benefited thereby.
c) That all the property and property owners benefited are included within the limits of the proposed district.
d) That it is in the public interest to create Hillside Water District; and
BE IT FURTHER DETERMINED AND ORDERED, that the owner of property with the
district created shall provide all service connections; and
BE IT FURTHER DETERMINED AND ORDERED, that the Town Clerk shall cause a certified copy of this Order to be duly recorded in the Office of the Clerk in County of Orange,
New York, and such Clerk shall also within ten (10) days after adoption of this Order, cause a certified copy thereof to be filed in duplicate in the Office of the State Department of Audit and Control at Albany, New York.
SCHEDULE “A”
SECTION/BLOCK/LOT
A copy of the map entitled “Hillside Water District” dated April 27, 2012, prepared by
Leggette, Brasheurs, & Graham, Inc. Engineering is on file at the Orange County Clerk’s Office.
ROLL CALL VOTE:
This resolution is subject to a permissive referendum.
Motion Carried (5 Ayes, 0 Nays) Supervisor Sweeton declared this resolution duly adopted.
The aforementioned resolution shall become final unless within thirty (30) days from this publication a petition protesting the order and requesting a referendum, signed and acknowledged by at least five percent (5%) of the owners of the taxable real property or one hundred such owners, whichever is the lesser, within the proposed district shall have been filed with the Town Clerk, Town of Warwick
Dated: October 18, 2023
BY ORDER OF THE TOWN BOARD OF THE TOWN OF WARWICK
EILEEN ASTORINO, RMC/CMC
Town Clerk