2016-187 2016-187
Resolution Authorizing Submission Of Application To The State Comptroller To Establish
The Mid Point
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 June 13,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-187
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
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 the Royal Ridge Subdivision; and
WHEREAS, the sewer plant was 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 since 1974;
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 from the sewer plant; and
WHEREAS, negotiations ensued between NYS DEC and the Engineers to the Town to
finalize a flow management plan to address the infiltration and inflow (I & I), believed to be the
source of the exceedances; and
WHEREAS, NYS DEC has demanded that the Town enter into an Order on Consent to
assure that the required improvements to the sewer system be undertaken in a timely fashion; and
WHEREAS, the Town Board approved and accepted the terms of the Order on Consent
and authorized the Supervisor to execute the Order on Consent on behalf of the Town by
Resolution dated March 14, 2016; and
WHEREAS, the terms and conditions of a flow management plan and schedule of
construction have been approved by NYS DEC and incorporated into the Order on Consent; and
WHEREAS, the quarterly O & M charges for a typical residential user are $766 for
calendar year (paid in quarterly installments of$191.46); and
WHEREAS, the projected costs for the initial capital repairs are estimated to be
$280,000; and
WHEREAS, the costs for the capital repairs shall be paid by the issuance of serial bonds
to be assessed against the properties within the proposed District; and
WHEREAS, the estimated debt service for a typical property within the proposed
District is estimated to be $128; and
WHEREAS, the total cost for a typical property for both debt service and O & M
amounts to $894 per year; 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 $798 per year (for calendar year 2016) for sewer services, including
both O & M and capital assessments; and
WHEREAS, since the current O & M charges and capital assessments to a typical
property exceeds the threshold of$798 per year, approval by the Department of Audit and
Control will be required for the formation of the District and for the issuance of any serial bonds
to pay for the required improvements; and
WHEREAS, the Application to Audit and Control for the approval of the formation of
the District has been prepared by the Attorney to the Town, in consultation with the Town
Assessor, the Engineer to the Town and the Town's Municipal Bond Advisor.
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 Members hereby acknowledge receipt of a copy of the
Application to Audit and Control, as prepared by the Attorney to the Town.
3. The Town Board hereby authorizes the Supervisor to sign the Application to the
NYS Comptroller's Office, Department of Audit and Control, in substantially the form submitted
herewith, for approval to form the Mid Point Park Sewer District, for the purposes issuing serial
bonds to pay the costs of constructing capital repairs to the Mid-Point Park Sewer Plant, all in
accordance with the Order on Consent dated April 13, 2016 above-identified previously
approved by the Town Board.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
6/13/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK