2009-1962009-196
Resolution Authorizing Conceptual Approval for Riverbend II Parcel to Connect to the
Sewer Transmission Main
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 May 26,
2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the TOWN has caused the construction of and operates a sewer
transmission line located in the Town of Wappinger, (hereinafter "SEWER MAIN") for the
purposes of collecting waste water within the Wappinger Sewer Transmission/Treatment
Improvement and transmitting the waste water to the Tri -Municipal Sewer Treatment Plant for
treatment pursuant to a contract previously entered into between the Town of Wappinger and the
Tri -Municipal Sewer Commission (hereinafter the "TREATMENT CONTRACT"); and
WHEREAS, the Tri -Municipal Sewer Treatment Plant is owned collectively by the
Village of Wappingers Falls ("VILLAGE") and the Town of Poughkeepsie
("POUGHKEEPSIE") and is managed by the Tri -Municipal Sewer Commission (hereinafter the
"COMMISSION") pursuant to an inter -municipal agreement between the VILLAGE and
POUGHKEEPSIE; and
WHEREAS, pursuant to the TREATMENT CONTRACT, the TOWN has a total
contractual authorized sewer treatment capacity of 1,375,000 gallons per day; and
WHEREAS, the SEWER MAIN has a capacity to meet an average daily flow of
approximately 3,516,000 gallons per day, and presently uses 725,000 gallons per day on average
during dry weather flow periods; and
WHEREAS, it has been determined that the SEWER MAIN has excess sewer
transmission capacity sufficient to allow it to transmit sewage from areas outside of the permitted
areas authorized by the TREATMENT CONTRACT; and
WHEREAS, certain parcels located within the VILLAGE, that are within the TOWN,
abut the SEWER MAIN and would benefit by being permitted to connect their sewage laterals to
the SEWER MAIN which would allow for the transportation of sewage from those properties to
the Sewer Treatment Plant via gravity flow rather than having to be pumped into the VILLAGE
transmission lines; and
WHEREAS, the VILLAGE has identified the following properties (by tax grid number),
which are located within the TOWN that would benefit by being connected to the SEWER
MAIN:
1. Hollowbrook of Dutchess, LLC, owner, Tax Grid # 135601-6158-19-688002;
2. Hollowbrook Associates, LLC, owner, Tax Grid # 135601-6157-07-709968;
3. TGS Associates, owner, referred to as Riverbend II Parcel, Tax Grid # 6158-20-
779013; and
WHEREAS, because of previous design considerations, the Hollowbrook parcels above
identified have previously been connected to the SEWER MAIN; and
WHEREAS, the VILLAGE has requested that the Riverbend II parcel be permitted to
discharge waste water from this parcel into the transmission line; and
WHEREAS, the TOWN has conceptually agreed to accept the waste water generated
from the Riverbend II parcel located within the jurisdictional limits of the TOWN; and
WHEREAS, the VILLAGE has agreed that the sewage from the Hollowbrook Parcels
and Riverbend II that will be treated at the Tri -Municipal Sewer Treatment Plant will be charged
against the VILLAGE'S treatment capacity and will not be charged against the TOWN'S
treatment capacity; and
WHEREAS, the Town Board hereby authorizes the Supervisor, the Engineer to the
Town, and the Attorney to the Town to negotiate and prepare an Intermunicipal Agreement
between the VILLAGE, the COMMISSION, and the TOWN, which will permit the sewer
discharge from the above mentioned parcels to connect to the SEWER MAIN for transportation
to the Tri -Municipal Sewer Plant.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby acknowledges that Hollowbrook of Dutchess, LLC,
identified as Tax Grid # 135601-6158-19-688002, and Hollowbrook Associates,
LLC, identified as Tax Grid # 135601-6157-07-709968, are already connected to
the TOWN'S SEWER MAIN because of previous design considerations.
3. The Town Board hereby conceptually agrees to permit the parcel commonly
known as Riverbend II parcel, and identified as Tax Grid # 6158-20-779013, to
connect to the SEWER MAIN, in accordance with the terms of the Intermunicipal
Agreement to be negotiated, agreed upon and approved by the Town Board.
4. The Town Board hereby authorizes the Supervisor, the Engineer to the Town, and
the Attorney to the Town to prepare and negotiate an Intermunicipal Agreement
with the VILLAGE, the COMMISSION, and TGS Associates, the owners of the
Riverbend II parcel, identified as Tax Grid # 6158-20-779013, to implement the
connection of the Riverbend II parcel to the SEWER MAIN, and to ensure
collection of Operation and Maintenance charges and other fees for the
Hollowbrook parcels and the Riverbend II parcel to the TOWN.
5. The agreement to permit the connection to the SEWER MAIN shall require
specific provisions that will require all Operation and Maintenance charges for the
above identified parcels to be paid to and collected by the TOWN, EXCEPT,
HOWEVER, the sewer treatment generated by the Riverbend II parcel,
Hollowbrook of Dutchess, LLC and Hollowbrook Associates, LLC, shall not be
charged to the TOWN'S contractual authorized sewer treatment capacity
allocation, but, instead, shall be charged to the VILLAGE'S sewer treatment
capacity.
6. The Operation and Maintenance charges to be paid by the above referenced
parcels shall be based on the VILLAGE'S sewer rent formula which is based on a
percentage of water consumption.
7. Any agreement for the use of the SEWER MAIN shall be submitted to the Town
Board for review and approval.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
NAY
Dated: Wappingers Falls, New York
5/26/2009
The Resolution is hereby duly declared adopted.
JYON C. MA TERSON, TOWN CLERK