NOTICE OF ADOPTION
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Newburgh, Orange County, New York, at a meeting held on the 28th day of February, 2022, duly adopted the resolution published herewith, subject to a permissive referendum. The purpose and effect of the resolution are to make certain determinations in relation to and to approve the establishment of the Town of Newburgh Ambulance District.
Dated: March 1, 2022.
________Lisa M. Vance Ayers_____
Town Clerk
A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TOWN OF NEWBURGH AMBULANCE DISTRICT IN THE TOWN OF NEWBURGH, ORANGE COUNTY, NEW YORK PURSUANT TO ARTICLE 12-A OF THE TOWN LAW SUBJECT TO PERMISSIVE REFERENDUM
WHEREAS, a map, plan and report dated 9 February, 2022 has been duly prepared according to law in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Newburgh, relating to the establishment of a proposed ambulance district in said Town, such Ambulance District to be known as the “Town of Newburgh Ambulance District”; and
WHEREAS, said map, plan and report showing the proposed boundaries of the proposed Town of Newburgh Ambulance District was prepared by MHE Engineering, D.P.C., competent engineers, duly licensed by the State of New York, and has been filed in the office of the Town Clerk of said Town, 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 Town of Newburgh Ambulance District are set forth in Appendix “A” annexed hereto and made a part hereof; and
WHEREAS, no equipment, improvements or facilities are proposed for the District and accordingly no amount is proposed to be expended or financed for equipment, improvements or facilities and no financing of the cost of the District's services is proposed by the issuance of bonds, notes, certificates or other evidences of indebtedness of the Town nor is it proposed to assume debt service on obligations issued pursuant to Subdivision 12 of Town Law §198, it being proposed that the District contract with Town of Newburgh Emergency Medical Services, Inc. a not for profit corporation with facilities within the proposed district, for the provision of ambulance services and emergency medical services; and
WHEREAS, $400,000 is set forth in the map, plan and report as the estimated maximum amount proposed to be expended annually for the provision of services by the Ambulance District, and
WHEREAS, there will be no hook up fees and the average annual cost of the district to a typical one or two family home, the most common type of property on the assessment roll of the proposed district, is estimated in the Map, Plan and Report to be $27.90 per year and the average annual cost to the most frequently occurring assessed value, or “typical property,” in the district is estimated to be $8.77 per year; and
WHEREAS, the levying of assessments for the Ambulance District shall be by the ad valorem basis; and
WHEREAS, the proposed establishment of the Town of Newburgh Ambulance District has been determined to be an "Unlisted Action" pursuant to Part 617 of the General Regulations (“Part 617”) adopted pursuant to Article 8 of the Environmental Conservation Law (“SEQR”) and Chapter 100 entitled “Environmental Quality Review” of the Town of Newburgh Municipal Code, for which the Town has prepared an Environmental Assessment Form, which Form has been filed in the office of the Town Clerk of said Town, where the same is available during regular business office hours for examination by any persons interested in the subject matter thereof; and
WHEREAS, on February 28, 2022, the Town Board adopted a "Negative Declaration" pursuant to which it was determined that the proposed establishment of the Town of Newburgh Ambulance District will not result in a significant effect on the environment; and
WHEREAS, an order was duly adopted by said Town Board on February 14, 2022, reciting a description of the boundaries of said proposed Ambulance District, the services proposed, the fact that said map, plan and report was on file in the Town Clerk's Office for public inspection and specifying the 28th day of February, 2022, at 7:00 o'clock P.M., Prevailing Time, at the Town Hall, 1496 Route 300, in Newburgh, 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 Town of Newburgh Ambulance District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and
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 the Town Board; and
WHEREAS, said public hearing was duly held at the time and place stated in said order, 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 Newburgh, Orange 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 Town of Newburgh Ambulance District are benefitted thereby;
(c) All the property and property owners benefitted are included within the limits of said proposed Town of Newburgh Ambulance District;
(d) It is in the public interest to grant in whole the relief sought and establish said proposed Town of Newburgh Ambulance District.
Section 2. The establishment of the Town of Newburgh Ambulance District, as more fully described in the map, plan and report prepared by MHE Engineering, D.P.C., competent engineers, duly licensed by the State of New York, is hereby approved.
Section 3. Said Town of Newburgh Ambulance District shall be bounded and described as set forth in Appendix A attached hereto and made a part hereof.
Section 4. This resolution is subject to a permissive referendum in the manner provided in Article Seven of the Town Law and Subdivision 3 of Section 209-e of the Town Law.
Section 5. The Town Clerk shall, within ten (10) days after the adoption of this resolution, post and publish a notice setting forth the date of adoption of the resolution and containing an abstract thereof concisely stating the purpose and effect thereof and specifying that the resolution was adopted subject to permissive referendum.
APPENDIX “A”
DESCRIPTION OF THE
TOWN OF NEWBURGH
AMBULANCE DISTRICT
Town of Newburgh, Orange County, New York
Beginning at a point which is the intersection of the City of Newburgh-City Line/Town of Newburgh and Town of New Windsor Town lines hence, in a westerly direction following the Town New Windsor/ Town of Newburgh Town lines to a point being the intersection of the Town of Newburgh/Town of New Windsor/Town of Montgomery Town line hence, in a generally northerly direction along the common town lines of the Town of Newburgh/ Town of Montgomery to a point hence, westerly along the Town of Newburgh/ Town of Montgomery Town line to a point hence, continuing in a generally northerly direction along the Town of Newburgh/Town of Montgomery Town line a point being the intersection of the Town of Newburgh/ Town of Shawangunk/Town of Montgomery Town lines continuing in a generally northerly direction along the Town of Newburgh/ Town of Shawangunk Town line to a point in the center line of NYS Route 300. Hence, continuing in a generally southerly then easterly direction along the center line of NYS Route 300 to a point in the center of the intersection of NYS Route 300 and Quaker Street hence, in a northerly direction along the center line of Quaker Street to a point in the center of the intersection of Quaker Street and to Mill Street. Continuing in a generally easterly direction along the center line of Mill Street to a point in the center line of the intersection of NYS Route 32 and Mill Street. Hence, continuing in a northerly direction to a point in the center line of NYS Route 32 and East Road. Hence, continuing in a generally easterly direction to a point being the Town line with the Town of Newburgh/ Town of Plattekill and hence, in a generally southerly direction to a point being the intersection of the Town line of the Town of Newburgh and Town of Plattekill. Hence, in an easterly direction to the intersection of the Town of Marlborough/ Town of Plattekill / Town of Newburgh Town line continuing in an easterly direction along the common Town boundaries of the Town of Marlborough and the Town of Newburgh to a point in the Hudson River. This point being the Orange County/Ulster County/ Dutchess County boundary. Hence, in a generally southerly direction within the Hudson River following the Orange County/ Dutchess County County lines to a point at the intersection of the City of Newburgh City boundary and the Town of Newburgh Town line located within the Hudson River. Hence, generally in a westerly direction along the boundary of the City of Newburgh and the Town of Newburgh to a point hence, continuing in a generally southerly direction along the Town of Newburgh/City of Newburgh municipal boundary to the point of beginning.
Said boundary describes the limits of the Town of Newburgh excluding properties within the Plattekill Fire District. Said limits are depicted on a map prepared by MHE Engineering dated 9 February 2022 entitled Town of Newburgh Ambulance District.