2015-209 2015-209
Resolution Authorizing Town's Professionals To Undertake All Work Necessary To Make
Capital Repairs To The Mid-Point Park Sewer Plant On An Expedited Basis
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
September 29, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
✓Uote'Record-Resolution RES=2015-209
Q Adopted Yes/Aye No/Nay Abstain Absent,
.................................
❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑
_
❑ Defeated William Ciccarelli Voter Q ❑ ❑ ❑
❑ Tabled William H.Beale ( Seconder Q ❑ ❑ ❑
..........................................................................
❑ Withdrawn Ismay.Czarniecki Voter ❑ ❑ 11Q
..............................>.................................................e..............................................................................................;........................
Michael Kuzmicz
(Mover I Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS,the Mid-Point Park Sewer Improvement Area(hereinafter"Mid-Point")
was authorized by Resolution of the Town Board on June 10, 1974; and
WHEREAS,Mid-Point was formed for the purposes of acquiring a sewer treatment
plant,trunk lines, sewer laterals, pumping stations and associated facilities to serve the Mid-
Point Park development,now known as Royal Ridge; and
WHEREAS,the sewer plant was thereafter completed and constructed by the developer
at no cost to the Town and was thereafter dedicated to the Town of Wappinger; and
WHEREAS,the Town has continuously operated the sewer treatment plant; and
WHEREAS,the New York State Department of Environmental Conservation(NYS
DEC), by report dated March 2014, determined that there were exceedances of the permitted
flow at the plant; and
WHEREAS,negotiations ensued between NYS DEC and the Engineers to the Town to
finalize a flow management plan to address infiltration and inflow(I &I), believed to be the
source of the exceedances; and
WHEREAS, an attorney for the NYS DEC has advised the Attorney to the Town, Albert
P. Roberts,that NYS DEC intends to submit an Order on Consent(Consent Judgement) which
will require the Town to undertake required repairs as soon as is practicable; and
WHEREAS,the terms and conditions of the flow management report and schedule of
construction has not been approved and decided upon by NYS DEC,however, it is anticipated
that approvals will be forthcoming in the near future; and
WHEREAS,the quarterly O &M charges for a typical residential user is $732 per year;
and
WHEREAS,the projected costs for the initial capital repairs are estimated to be
$300,000; and
WHEREAS,rules and regulations of the New York State Office of the Comptroller,
Department of Audit and Control, requires Audit and Control approval whenever costs to a
typical homeowner exceeds $709 per year for sewer services, including O &M and capital
assessments; and
WHEREAS, since the current O &M charges to a typical homeowner exceeds $709 per
year, Audit and Control approval will be required for the issuance of any serial bonds to pay for
these improvements.
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.
The Town Board acknowledges the importance of making the required capital improvements at
the Mid-Point Park Sewer Plant on an expedited basis, and as quickly and expeditiously as
possible, and hereby authorizes the Engineer to the Town,the Attorney to the Town and the
Town's Bond Counsel to undertake all steps necessary for the Town to make any required capital
repairs to the Mid-Point Sewer Plant, including, but not limited to,the preparation of a Map, Plan
and Report, the simultaneous preparation of plans and specifications for the proposed work in
anticipation of submitting same to competitive bidding, application to the NYS Comptroller's
Office, Department of Audit and Control,negotiations with NYS DEC regarding the
implementation of such improvements, causing the formation of another Improvement Area or,
more preferably, the formation of a Sewer District serving the area previously served by the Mid-
Point Sewer Plant, negotiating with NYS DEC as to the terms and conditions of any proposed
Order on Consent(Consent Judgment) and such other legal, engineering and professional work
as may be necessary to complete required repairs to the Mid-Point Park Sewer Plant as soon as
circumstances allow and within the time frame mandated by NYS DEC.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz
ABSENT: Ismay Czarnecki
Dated: Wappingers Falls,New York
9/29/2015
The Resolution is hereby duly declared Adopted. _
J EPH P. PAOLONI, TOWN CLERK