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2009-1602009-160 Resolution Authorizing the Tri -Municipal Sewer Commission to Use the Existing Fund Balance to Pay for Capital Repairs 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 April 13, 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 Maureen McCarthy Joseph P. Paoloni Vincent F. Bettina The following Resolution was introduced by Councilman Beale and seconded by Supervisor Colsey. WHEREAS, the Town of Wappinger, by and on behalf of Wappinger Sewer Transmission Treatment Improvement Area I and II (WSTTIA-I&II), and Wappinger Sewer Transmission/Treatment Improvement Area IIIA (WSTTIA-IIIA), has entered into long term arrangements with the Tri -Municipal Sewer Commission to discharge sewage at the Tri - Municipal Sewer Plant located in the Town of Poughkeepsie; and WHEREAS, the Town of Wappinger is contractually obligated to contribute towards any required capital improvements on a pro rata basis based on design flow; and WHEREAS, Mark O'Sullivan, the accountant to the Tri -Municipal Sewer Commission has advised that the Town of Wappinger has an excess fund balance as of December 31, 2007 of over One Hundred Forty Thousand Dollars ($140,000.00); and WHEREAS, Karen McLaughlin, the Tri -Municipal Sewer Commission's administrator has reported that the Town's pro rata share of the capital improvement to replace the power screen at the Tri -Municipal Sewer Plant will be Thirty Seven Thousand, One Hundred Sixty - Two Dollars and 17/100 ($37,162.17); and WHEREAS, the Town Board has determined that rather than go through the expense of forming a new sewer improvement area, it would be in the Town's best interest to pay its pro rata share of the power screens out of the Town's existing fund balance. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby confirms that its share of the capital improvement project for the Tri -Municipal Sewer Plant to replace the power screen at said plant will be the sum of Thirty Seven Thousand, One Hundred Sixty -Two Dollars and 17/100 ($37,162.17). 3. The Town Board hereby authorizes and directs the Tri -Municipal Sewer Commission, and its accountants, to deduct the Town's pro rata share of Thirty Seven Thousand, One Hundred Sixty -Two Dollars and 17/100 ($37,162.17) from the Town's existing fund balance. 4. The Town Supervisor, Christopher J. Colsey, is hereby authorized to execute any and all documents necessary to implement the terms and conditions of this Resolution. 5. John C. Masterson, Town Clerk, is hereby directed to send a certified copy of this Resolution to the Tri -Municipal Sewer Commission as soon as practicable after its adoption. 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: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 4/13/2009 The Resolution is hereby duly declared adopted. HN C. MASTERSON, TOWN CLERK SUPERVISOR CHRISTOPHER J. COLEY TOWN OF W"P'INGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-2744 April 15, 2009 FAX: (W) 297-4558 Attn: Richard Cerino, Chainnan Tri Municipal. Sewer Commission 343 Sheafe Road Wappingers palls, NY 12590 Subject: Utilization of fend $Mance Town Of Wappinger Capital Improvement: Power Screen Dear Cha -rman Cerin: At a recent meeting of the Tri Municipal Sewer Commission, the Board noted no exception to the utilization of the Town of Wappinger fund balance to pay for the PrOPosed power screen at tate sewer plant. TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN MCCAFrrHY JOSEPH P. PAOLONI Attached find a certified copy of Resolution 2009-160 which con rrn$ the Town Board's consent to utilize this available funding. town of wappingear