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2009-1962009-196 Resolution Authorizing Conceptual Approval for Riverbend II Parcel to Connect to the Sewer Transmission Main 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 May 26, 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 Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, the TOWN has caused the construction of and operates a sewer transmission line located in the Town of Wappinger, (hereinafter "SEWER MAIN") for the purposes of collecting waste water within the Wappinger Sewer Transmission/Treatment Improvement and transmitting the waste water to the Tri -Municipal Sewer Treatment Plant for treatment pursuant to a contract previously entered into between the Town of Wappinger and the Tri -Municipal Sewer Commission (hereinafter the "TREATMENT CONTRACT"); and WHEREAS, the Tri -Municipal Sewer Treatment Plant is owned collectively by the Village of Wappingers Falls ("VILLAGE") and the Town of Poughkeepsie ("POUGHKEEPSIE") and is managed by the Tri -Municipal Sewer Commission (hereinafter the "COMMISSION") pursuant to an inter -municipal agreement between the VILLAGE and POUGHKEEPSIE; and WHEREAS, pursuant to the TREATMENT CONTRACT, the TOWN has a total contractual authorized sewer treatment capacity of 1,375,000 gallons per day; and WHEREAS, the SEWER MAIN has a capacity to meet an average daily flow of approximately 3,516,000 gallons per day, and presently uses 725,000 gallons per day on average during dry weather flow periods; and WHEREAS, it has been determined that the SEWER MAIN has excess sewer transmission capacity sufficient to allow it to transmit sewage from areas outside of the permitted areas authorized by the TREATMENT CONTRACT; and WHEREAS, certain parcels located within the VILLAGE, that are within the TOWN, abut the SEWER MAIN and would benefit by being permitted to connect their sewage laterals to the SEWER MAIN which would allow for the transportation of sewage from those properties to the Sewer Treatment Plant via gravity flow rather than having to be pumped into the VILLAGE transmission lines; and WHEREAS, the VILLAGE has identified the following properties (by tax grid number), which are located within the TOWN that would benefit by being connected to the SEWER MAIN: 1. Hollowbrook of Dutchess, LLC, owner, Tax Grid # 135601-6158-19-688002; 2. Hollowbrook Associates, LLC, owner, Tax Grid # 135601-6157-07-709968; 3. TGS Associates, owner, referred to as Riverbend II Parcel, Tax Grid # 6158-20- 779013; and WHEREAS, because of previous design considerations, the Hollowbrook parcels above identified have previously been connected to the SEWER MAIN; and WHEREAS, the VILLAGE has requested that the Riverbend II parcel be permitted to discharge waste water from this parcel into the transmission line; and WHEREAS, the TOWN has conceptually agreed to accept the waste water generated from the Riverbend II parcel located within the jurisdictional limits of the TOWN; and WHEREAS, the VILLAGE has agreed that the sewage from the Hollowbrook Parcels and Riverbend II that will be treated at the Tri -Municipal Sewer Treatment Plant will be charged against the VILLAGE'S treatment capacity and will not be charged against the TOWN'S treatment capacity; and WHEREAS, the Town Board hereby authorizes the Supervisor, the Engineer to the Town, and the Attorney to the Town to negotiate and prepare an Intermunicipal Agreement between the VILLAGE, the COMMISSION, and the TOWN, which will permit the sewer discharge from the above mentioned parcels to connect to the SEWER MAIN for transportation to the Tri -Municipal Sewer Plant. 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 hereby acknowledges that Hollowbrook of Dutchess, LLC, identified as Tax Grid # 135601-6158-19-688002, and Hollowbrook Associates, LLC, identified as Tax Grid # 135601-6157-07-709968, are already connected to the TOWN'S SEWER MAIN because of previous design considerations. 3. The Town Board hereby conceptually agrees to permit the parcel commonly known as Riverbend II parcel, and identified as Tax Grid # 6158-20-779013, to connect to the SEWER MAIN, in accordance with the terms of the Intermunicipal Agreement to be negotiated, agreed upon and approved by the Town Board. 4. The Town Board hereby authorizes the Supervisor, the Engineer to the Town, and the Attorney to the Town to prepare and negotiate an Intermunicipal Agreement with the VILLAGE, the COMMISSION, and TGS Associates, the owners of the Riverbend II parcel, identified as Tax Grid # 6158-20-779013, to implement the connection of the Riverbend II parcel to the SEWER MAIN, and to ensure collection of Operation and Maintenance charges and other fees for the Hollowbrook parcels and the Riverbend II parcel to the TOWN. 5. The agreement to permit the connection to the SEWER MAIN shall require specific provisions that will require all Operation and Maintenance charges for the above identified parcels to be paid to and collected by the TOWN, EXCEPT, HOWEVER, the sewer treatment generated by the Riverbend II parcel, Hollowbrook of Dutchess, LLC and Hollowbrook Associates, LLC, shall not be charged to the TOWN'S contractual authorized sewer treatment capacity allocation, but, instead, shall be charged to the VILLAGE'S sewer treatment capacity. 6. The Operation and Maintenance charges to be paid by the above referenced parcels shall be based on the VILLAGE'S sewer rent formula which is based on a percentage of water consumption. 7. Any agreement for the use of the SEWER MAIN shall be submitted to the Town Board for review and approval. 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: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY Dated: Wappingers Falls, New York 5/26/2009 The Resolution is hereby duly declared adopted. JYON C. MA TERSON, TOWN CLERK