2016-107 2016-107
Resolution Accepting Map, Plan & Report For Establishment Of Mid Point Park Sewer District
For Purpose Of Making Capital Repairs To The Mid-Point Park Sewer Plant
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 March 14, 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-2016-107
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton VoterQ El El ElMichael Kuzmicz___ Seconder___ Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilman
Kuzmicz.
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 development; 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, which has continuously operated said sewer treatment
plant; and
WHEREAS, the New York State Department of Environmental Conservation (hereinafter "NYS
DEC"), during an annual inspection of the facility in March of 2014, determined that there were
exceedances of the permitted flow at the sewer plant; and
WHEREAS, negotiations ensued between NYS DEC, the Attorney to the Town 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, the NYS DEC and the Attorney to the Town have negotiated an Order on Consent
to be approved by the Town which incorporates the negotiated flow management plan and the schedule
of construction to complete the required repairs; and
WHEREAS, the projected costs for the initial capital repairs are estimated to be $280,000.00;
and
WHEREAS, in order to fund the costs of the capital repairs, it is necessary to establish a new
Sewer District in the original area served by the Mid-Point Park Sewer Improvement Area, which new
Sewer District will be known as the "Mid Point Park Sewer District"; and
WHEREAS, on September 29, 2015, by Resolution 2015-209, the Town Board authorized the
Engineer to the Town, Morris Associates Engineering and Surveying Consultants, PLLC, to prepare a
Map, Plan and Report in furtherance of the establishment of the Mid Point Park Sewer District as
required by law, which Map, Plan and Report was to identify all required capital repairs to the Mid-
Point Sewer Plant on an expedited basis; and
WHEREAS, Morris Associates Engineering and Surveying Consultants, PLLC has prepared a
Map, Plan and Report dated February 23, 2016, which includes an estimate of costs for the proposed
capital repairs as well as the costs for the establishment of the Mid Point Park Sewer District and any
other expenses in connection therewith, a copy of which is on file at the Town Clerk's Office; and
WHEREAS, the Town Board wishes to accept the Map, Plan and Report and authorize the
commencement of the formation of the Mid Point Park Sewer District, as well as authorize the issuance
of capital bonds to pay for the capital repairs to Mid Point Park Sewer facilities and the costs associated
therewith as identified in the Map, Plan and Report.
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 accepts the Map, Plan and Report in connection with the
establishment of the Mid Point Park Sewer District prepared by Morris Associates Engineering &
Surveying Consultants, PLLC dated February 23, 2016, a copy of which is on file in the Town Clerk's
Office.
3. The Town Board hereby directs the Town Clerk to file in his office the Map, Plan and
Report, above-described, in accordance with the provisions of Article 12-A of the Town Law.
4. The Town Board directs the Town Clerk to forward a copy of the Map, Plan and Report
to Douglas Goodfriend, Esq. Of Orrick, Herrington & Sutcliffe for the purposes of preparing the
necessary proceedings for the establishment and creation of the Mid Point Park Sewer District, for the
purposes of implementing all required repairs to bring the Mid Point Park Sewer Plant into compliance
with NYS DEC rules and regulations, as well as to make any required applications to the Department of
Audit and Control of the New York State Comptroller's Office which may be necessary to obtain
approval for the formation of the District and authorize requisite capital bonding.
The Town Board further authorizes said Douglas Goodfriend, as well as the Attorney to the Town and
the Engineer to the Town, to take all steps necessary to make application to the aforementioned
Department of Audit and Control of the New York State Comptroller's Office, as well as to prepare and
formalize bid specifications, notices to bidders, contract documents and related materials and to
otherwise solicit public bids as soon as the Mid Point Park Sewer District is formed and requisite bond
authorizations and proceedings are concluded.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
3/14/2016
The Resolution is hereby duly declared Adopted.
JO"T�PP. PAOLONI, TOWN CLERK