2007-2452007-245
Resolution Authorizing and Confirming the Maximum Expenditure to Pay the Town's
Share of the Costs of the Closure of the Poughkeepsie-Wappinger Joint Landfill
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
November 26, 2007.
The meeting was called to order by Joseph Paoloni, Deputy Supervisor, and upon roll
being called, the following were present:
PRESENT: Councilmembers - William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT: Supervisor - Joseph Ruggiero
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Bettina.
WHEREAS, by Intermunicipal Agreement dated January 19th, 1970, as supplemented by
Intermunicipal Agreement dated September 11th, 2003, the Town of Poughkeepsie, the City of
Poughkeepsie, the Town of Wappinger, the Village of Wappingers Falls and the Town of LaGrange
' operated and maintained a joint sanitary landfill located at the Dutchess County Airport, commonly
known as the Poughkeepsie-Wappinger Joint Landfill;
WHEREAS, each of the aforesaid municipalities has executed an Order on Consent with
the New York State Department of Environmental Conservation, Department of Environmental
Conservation Order On Consent File No. R3-20020628-75, pursuant to which such municipalities
have agreed to undertake certain closure and remedial actions with respect to the Poughkeepsie-
Wappinger Joint Landfill, all in accordance with a certain Closure Investigation Report approved by
the Department of Environmental Conservation; and
WHEREAS, pursuant to Intermunicipal Agreement dated January 19th, 1970, the
constituent municipality confirmed that the allocation of costs to close the Landfill was as follows:
Municipality Percentage
Town of Poughkeepsie 42.4208%
City of Poughkeepsie 30.1898%
Town of Wappinger 14.1728%
Village of Wappingers Falls 3.7166%
Town of LaGrange 9.5000%
WHEREAS, it was originally estimated that the cost to complete the closure of the Landfill
was $6,000,000.00 and by Resolution dated January 26th, 2004, the Town Board of the Town of
Wappinger authorized the issuance of $850,368.00 serial bonds of said Town to pay said Town's
share of the cost of the closure of the so-called Poughkeepsie-Wappinger Joint Landfill located at
the Dutchess County Airport; and
WHEREAS, it was subsequently determined that the aggregate cost of the closure of the
i
Landfill was estimated to be $10,000,000.00, an increase of $4,000,000.00 over that previously
estimated, and that the Town's share of the cost of said closure, including the undertaking of the
closure and remedial measures set forth in the aforesaid Order on Consent, was estimated to be
$1,417,280.00, an increase of $566,912.00 over that previously estimated; and
WHEREAS, the closure of the Joint Landfill has been completed pursuant to the "Order on
Consent" and the Engineers and the Accountants to the Poughkeepsie-Wappinger Joint Landfill
Board have completed an accounting of all the costs and expenditures required to complete the
closure of the Landfill and have now determined that the maximum estimated aggregate cost of the
closure of the Landfill is $10,764,141.61, an increase of $764.141.61 over that previously estimated
and that the Town's total share of the cost of said closure is $1,525,580.26, an increase of
$108,300.26 over that previously estimated;
WHEREAS, the individual constituent municipalities of the Poughkeepsie-Wappinger Joint
Landfill will receive a grant from the New York State Department of Environmental Conservation
in the amount of $2,000,000.00 to be allocated amongst the constituent municipalities in accordance
with the above percentages; and
WHEREAS, because of the aforementioned grant, no further borrowing will be required by
any of the constituent municipalities to pay the costs of the closure of the Landfill; and
WHEREAS, the Town Board hereby desires to confirm the maximum aggregate costs it
has incurred in furtherance of the closure of the Landfill.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth
and adopted herein.
2. The Town Board hereby confirms that the maximum aggregate cost of the
Poughkeepsie-Wappinger Joint Landfill located at the Dutchess County Airport is $10,764,141.61,
an increase of $764,141.61 over that previously estimated, and, by adoption of this Resolution,
authorizes all prior expenditures made in furtherance of the closure of the Landfill consistent with
the Order on Consent to a maximum aggregate of $10,764,141.61.
3. It is hereby confirmed that the Town's share of the maximum aggregate cost of the
closure of the Landfill is $1,525,580.26 and the expenditure of said sum is hereby authorized.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR Voting: ABSENT
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
11/26/2007
The Resolution is hereby duly declared adopted.
C
HN C. MASTERSON, TOWN CLERK