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2009-1972009-197 Resolution Authorizing Membership Negotiations with Tri -Municipal Sewer Commission 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 of Wappinger has caused the formation of two Sewer Treatment Improvement Areas known as Wappinger Sewer Transmission Treatment Improvement Areas I & II and Wappinger Sewer Transmission Treatment Improvement Area IIIA, hereinafter referred to as "SEWER IMPROVEMENTS"; and WHEREAS, the SEWER IMPROVEMENTS constructed sewer transmission lines and lateral sewer collector lines, which transported sewage to the Tri -Municipal Sewer Plant, hereinafter referred to as "SEWER PLANT", located in the Town of Poughkeepsie; and WHEREAS, the SEWER PLANT is owned by the Village of Wappingers Falls and the Town of Poughkeepsie and is managed by a Commission known as the Tri -Municipal Sewer Commission, pursuant to an Intermunicipal Agreement between the Town of Poughkeepsie and the Village of Wappingers Falls; and WHEREAS, the Town of Wappinger has entered into a long term agreement with the Commission for the treatment of sewage generated by the SEWER IMPROVEMENTS; and WHEREAS, pursuant to its contractual relationship with the Commission, the Town of Wappinger has been treated as a "Tenant" of the SEWER PLANT; and WHEREAS, the Town of Wappinger desires to become a full owner and member of the Commission; and WHEREAS, Supervisor Christopher J. Colsey has had unofficial discussions with various Members of the Commission in which he indicated the Town of Wappinger's desire to become a full owner and member of the Commission; and WHEREAS, these informal discussions were favorably received by several Members of the Commission who indicated they would support the Town of Wappinger becoming an owner and member of the Tri -Municipal Sewer Plant. NOW, THEREFORE, BE IT RESOLVED: I . The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Authorization is hereby given to Christopher J. Colsey to formally request full membership in the Tri -Municipal Sewer Commission as an owner and member of the Tri -Municipal Sewer Plant. 3. Supervisor Colsey is further authorized to negotiate directly with the Tri - Municipal Sewer Commission for such membership. 4. Robert J. Gray, Engineer to the Town, and Albert P. Roberts, Attorney to the Town, are hereby authorized to assist in the negotiations with the Commission, and to negotiate and prepare a proposed contract for full membership in the Commission. 5. Upon completion of the negotiations and preparation of a proposed contract, the Supervisor, Engineer and Attorney will report back to the Town Board and request authorization to approve and execute the contract for full membership and ownership in the Commission. 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: AYE Dated: Wappingers Falls, New York 5/26/2009 The Resolution is hereby duly declared adopted. "C�MASON,TOWN CLERK