Board of Trustees

Village of Millbrook Board of Trustees Wednesday, 7/27/2022 - 6 PM- 2nd Meeting Millbrook Firehouse, 20 Front Street, Millbrook NY,12545 1. Roll Call: Mayor Collopy, Deputy Mayor Contino, Trustee Herzog, Trustee Arbogast, Trustee Doro, Scott Osborn (VRI), Attorney MacDonald, and Clerk Witt 2. Open meeting – 6:00 PM with Pledge of Allegiance. 3. Administrative Business: Standard Work Day Resolution: Motion made by Mayor Collopy to pass the Standard Work Day Resolution for Karen McLaughlin, seconded by Deputy Mayor Contino and all were in favor. Smoking Ban on Village premises: The Board is in agreement that there should be a smoking ban on all properties (to include all employees and public) and in all Village owned vehicles. Resolution to follow. 4. Delaware Presentation- Waste Water Treatment Plant (WWTP) Upgrade: Robert Flores of Delaware Engineering- please see attached PowerPoint. After the proposal for the WWTP Upgrade was made the Board passed the attached resolutions- Resolution 009 of 2022 (SEQR form), Resolution 008 of 2022 (Issuance of Serial BONDs), and the WIIA Grant Board Resolution. Mayor Collopy also signed the Title Certificate Form for this project (attached). 5. Sewer Hook-Up for Town Residents: Bill Bright (Delaware Engineering) says the Village system, as it stands, has the capacity, and could handle additional standard houses. Mayor Collopy said although the Village Board would like to have all Village residents on the system before non-Village properties, the Nine Partners Ln area lacks the infrastructure at this time. Scott Osborn (VRI) to review all applications for Sewer Hook-Ups. Applicants from the Town will be reviewed case by case by the Board with the recommendations made by VRI. Mr. Bright had sent Mayor Collopy projected costs of non-Village hook- ups based on 3- and 4-bedroom houses, resolution to potentially included these costs. Attorney MacDonald to draft a resolution. 6. Public Comments- No Comments were made. Mayor Collopy paused the meeting at 7:12 PM to clear the room for Executive Session. 7. Executive Session- Lease Agreement Contract with Sprint: Mayor Collopy made a motion to enter into executive session at 7:12 PM, seconded by Deputy Mayor Contino and all were in favor. Nothing was voted on during executive session. Mayor Collopy made a motion to end executive session, seconded by Trustee Arbogast and all were in favor. 8. Next board meeting: August 10th, 2022, at 6 PM for the next Monthly Business Meeting. 9. Adjournment Motion to adjourn at 7:27 PM made by Mayor Collopy seconded by Trustee Herzog and all were in favor. Respectfully submitted by Village Clerk, Sarah J. Witt 1|P a g e July 27, 2022- Village Board of Trustees- www.villageofmillbrookny.com- for video of meeting VILLAGE OF MILLBROOK Wastewater Treatment Plant Upgrades July 27, 2022 Presented by: Delaware Engineering, D.P.C. WASTEWATER TREATMENT PLANT UPGRADES Multiple Reasons for the Project: • DEC Regulations • Systems that are 50+ years old • Flushable Wipes, etc • Improve operations • Improve Water Quality • Improve Health and Safety SEWER SYSTEM OVERVIEW Approximately 215 Manholes 48,000 Linear Feet of Sewer Approximately 1,500 Services WWTP Constructed in 1971 Capacity of 250,000 GPD Discharge to East Branch of the Wappinger Creek WASTEWATER TREATMENT PLANT Built in 1971 – End of Useful Life Ave Flow 0.17 MGD (0.25 MGD) Upgrade Needed Because: • By- Pass Flows • In the Flood Zone • New SPDES Permit • End of Useful Life  WASTEWATER TREATMENT PLANT By-Pass Treatment Overflow Retainage Facility (ORF) Not Permitted Anymore 400,000 Gallons WASTEWATER TREATMENT PLANT UPGRADES Eliminate By-Pass – Regulatory New Headworks – Improve Treatment Upgrade Aeration Tanks – Replace Old Upgrade Clarifiers – Replace Old New Clarifier – Improve Treatment New Sand Filter – Relace Old/Improve Treatment Upgrade Disinfection – Flood Resiliency Convert ORF to Sludge Tank – Replace Old/Improve Treatment  WASTEWATER TREATMENT PLANT UPGRADES Estimated Capital Costs $7M Item Cost $ Headworks $1,061,000 Aeration Tanks and Clarifiers $1,850,000 Shallow Bed Upflow Sand Filters $970,000 Pump Station EQ $205,000 Disinfection Upgrades $245,000 Sludge Handling Upgrades $660,000 Electrical Contract $370,000 General Conditions $650,000 Sub-Total $5,346,000 15% Contingency $800,000 15% Engineering $800,000 Legal $10,000 Admin $30,000 Total (Rounded) $7,000,000  What Who When SEQRA/Bond Resolution Village Board July 27, 2022 WIIA Application Delaware Engineering NEXT STEPS September 9, 2022 Authorize Final Design Submit to DOH Delaware Engineering April 2023 Authorize Bidding Village Board September 2023 Construction Contractor Start March 2024 End November 2025  RESOLUTION NO. 009 OF 2022 ADOPTED JULY 27, 2022 VILLAGE OF MILLBROOK WWTP UPGRADES SEQR TYPE II CLASSIFICATION WHEREAS, the Village of Millbrook, Dutchess County, New York (hereinafter the “Village”) has established the public benefit to the Village residents and sewer users of upgrades to the municipal wastewater treatment plant (hereinafter “WWTP”); and, WHEREAS, the proposed project includes rehabilitation and upgrade of the existing equipment at the WWTP (hereinafter the “Project”); and, WHEREAS, 6 NYCRR Part 617.5(c)(2) states “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrades to buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in Section 617.4 of this Part” has been determined not to have a significant impact on the environment and are precluded from environmental review under Environmental Conservation Law Article 8; and, WHEREAS, the Project does not meet or exceed any of the thresholds in Section 617.4; NOW, THEREFORE, BE IT RESOLVED in consideration of the foregoing: 1. The Village Board of the Village of Millbrook hereby finds that the Project is a Type II Action and is not subject to review under SEQR (6 NYCRR Part 617.5). 2. This resolution shall take effect immediately. Motion offered by: Mayor Collopy . Motion seconded by: Deputy Mayor Contino . Mayor Collopy Aye Deputy Mayor Contino Aye Trustee Herzog Aye Trustee Arbogast Aye Trustee Doro Aye The resolution was thereupon duly adopted on July 27, 2022. _______________________________ Sarah Witt, Clerk, Village of Millbrook  RESOLUTION NO. 008 OF 2022 DATED: JULY 27, 2022 AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE VILLAGE OF MILLBROOK, DUTCHESS COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE WASTWATER TREATEMENT PLANT UPGRADES AND IMPROVEMENTS IN THE VILLAGE OF MILLBROOK, NEW YORK, PROVIDING THAT THIS RESOLUTION SHALL BE SUBJECT TO PERMISSIVE REFERENDUM, AND DELEGATING CERTAIN POWERS IN CONNECTION THEREWITH TO THE VILLAGE TREASURER NOW, THEREFORE BE IT RESOLVED, by the Village Board of the Village of Millbrook, Dutchess County, New York (the "Village") (by the favorable vote of not less than two-thirds of all of the members of the Board) as follows: SECTION 1. The specific purpose (hereinafter referred to as "purpose") to be financed pursuant to this resolution is the construction of certain Wastewater Treatment Plant upgrades and improvements including the installation of a new influent flow meter, new fine screen, new flow splitter, new EQ and primary treatment, chemical feed upgrades, aeration piping upgrades, new secondary clarifier, new shallow bed upflow sand filter, new sludge holding tank, new sludge holding tank blowers, new filtrate pump station, new sludge dewatering building, new odor control system for sludge building, modifying existing sand filters for storage, and elimination of storage and overflow tank. The estimated maximum cost of said purpose is $7,000,000 and said amount is hereby appropriated therefor. It is hereby determined that said purpose is an object or purpose described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is thirty (30) years. SECTION 2. It is hereby determined that the aforesaid purpose constitutes a Type II action as defined under the State Environmental Quality Review Regulations, 6 NYCRR Section 617 (Title 6 of the New York Code of Rules and Regulations). SECTION 3. The Village Board plans to finance the total cost of said purpose by the issuance of serial bonds of the Village in an amount not to exceed $7,000,000 hereby authorized to be issued therefor pursuant to the Local Finance Law. SECTION 4. It is hereby determined that the proposed maturity of the serial bonds authorized hereby will be in excess of five years. SECTION 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of said bonds. SECTION 6. The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. This resolution shall constitute a statement of official intent for purposes of Sec 1.150-2 of the Treasury Regulations. SECTION 7. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village are hereby irrevocably pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on said bonds becoming due and payable in such year. To the extent not paid from other sources, there shall annually be {00350345 1} levied on all the taxable real property of the Village a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. SECTION 8. Subject to the terms and contents of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and contents of said serial bonds and said bond anticipation notes (including without limitation the date, denominations, maturities, interest payment dates, consolidation with other issues, and redemption rights), the power to determine to issue said bonds providing for substantially level or declining debt service, and the power to sell and deliver said serial bonds, (including statutory installment bonds), and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Treasurer, the Chief Fiscal Officer of the Village. The Treasurer is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Clerk is hereby authorized to affix the corporate seal of the Village to any of said serial bonds or any bond anticipation notes and to attest such seal. SECTION 9. The Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and, to the extent applicable, to designate the bonds authorized by this resolution and any notes issued in anticipation thereof as "qualified tax-exempt bonds" for purposes of Section 265(b)(3)(B)(I) of the Code. SECTION 10. The Treasurer is further authorized, in his or her discretion, to execute a project financing and loan agreement and any other agreements with the New York State Environmental Facilities Corporation and/or the New York State Department of Environmental Conservation and/or the New York State Department of Health and/or the U.S. Department of Agriculture Rural Development, and amendments thereto, and to take such actions and execute such documents as may be necessary to provide for the financing or refinancing of the specific object or purpose set forth herein, or a portion thereof, by a serial bond issue of the Village and the sale of such issue to the New York State Environmental Facilities Corporation or its designee pursuant to the New York State Revolving Fund Program and/or the U.S. Department of Agriculture Rural Development programs. SECTION 11. Pursuant to Section 36 of the Local Finance Law and Article 9 of the Village Law, this Resolution shall take effect thirty (30) days after its adoption, unless there shall be filed with the Village Clerk a petition signed and acknowledged by the electors of the Village in number equal to at least twenty percentum of such electors in the Village, as shown on the register of electors for the previous general village election, protesting against this Resolution and requesting that the matter be submitted to the electors of the Village for their approval or disapproval in the manner provided by the Village Law. SECTION 12. Within ten (10) days after the adoption of this Resolution, the Village Clerk is hereby authorized and directed to cause to be published at least once in the Millbrook News, the official newspaper of the Village, and to be posted in at least six (6) public places in the Village, a notice which shall set forth the date of adoption of this Resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this Resolution was adopted subject to a permissive referendum. SECTION 13. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if: (1) Such obligations are authorized for an object or purpose for which the Village is not authorized to expend money; or {00350345 1}  (2) The provisions of law which should be complied with at the date of the publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the Constitution of the State of New York. SECTION 14. Following the effective date of this resolution, the Village Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the Poughkeepsie Journal, a newspaper having a general circulation in the Village and hereby designated as the official newspaper of the Village for such publication. The Question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Mayor Collopy Aye Trustee Herzog Aye Trustee Contino Aye Trustee Arbogast Aye Trustee Doro Aye The resolution was thereupon duly adopted on July 27, 2022. _______________________________ Sarah Witt, Clerk, Village of Millbrook {00350345 1}  Resolution #009 Adopted July 27th, 2022 VILLAGE OF MILLBROOK WWTP UPGRADE PROJECT Board Resolution – WIIA Funding Application WHEREAS, The Village of Millbrook, New York (hereinafter the “Village”) has established the public benefit of the Wastewater Treatment Plant Upgrade Project (hereinafter the “Project); and WHEREAS, the Project includes rehabilitation and upgrade of the existing equipment at the WWTP (hereinafter the “Project”); and, WHEREAS, the Village has the opportunity to apply for grant funds from the NYS Water Infrastructure Improvement Act (WIIA) which may fund up to $25 million or 25% of the total project costs; and, WHEREAS, the total Project cost is estimated at $7,000,000; and, WHEREAS, the Village is prepared to contribute matching funds through the Clean Water State Revolving Fund loan program; and, THEREFORE, BE IT RESOLVED THAT 1. The Village of Millbrook is authorized to submit the WIIA grant application. 2. The Mayor of the Village of Millbrook is authorized to sign the WIIA grant application. 3. The Village agrees to provide the matching funds required for the WIIA project through the Clean Water State Revolving Fund loan program. Mayor Collopy Aye Deputy Mayor Contino Aye Trustee Herzog Aye Trustee Arbogast Aye Trustee Doro Aye The resolution was thereupon duly adopted on July 27, 2022. ___________________________ Sarah Witt, Clerk, Village of Millbrook SIGNATURE FOR GRANT APPLICATION CERTIFICATION: On behalf of the Applicant, and in accordance with the board resolution by Village of Millbrook (Governing Body of Municipal Applicant) authorizing me to do so, I apply for a WIIA grant and/or IMG grant for the project described in this application. By signing this application, I certify and agree on behalf of the Applicant and its governing body that all of the information contained in this application, in other statements and exhibits attached hereto or referenced herein, and in all statements, data and supporting documents which have been made or furnished for the purpose of receiving a WIIA grant or IMG grant for the project(s) described herein, are true, correct and complete to the best of my knowledge and belief. I further agree on behalf of the Applicant that:  If CWSRF assistance is provided for the project described in this application, the Applicant shall comply with all applicable provisions of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et. seq. Chapter 565 of the Laws of New York of 1989, 6 NYCRR Part 649 and 21 NYCRR Part 2602, as amended, regarding CWSRF assistance.  If DWSRF assistance is provided for the project described in this application, the Applicant shall comply with all applicable provisions of the federal Safe Drinking Water Act, 42 U.S.C. §§ 300f, et seq., and applicable provisions of state law, codified under Chapter 413 of the Laws of New York of 1996, 10 NYCRR Part 53, and 21 NYCRR Part 2604, as amended, regarding DWSRF assistance. I further agree that the Applicant will comply with the provisions of the Minority and Women’s Business Enterprise – Equal Employment Opportunity requirements of Article 15-A of the New York State Executive Law, and will maintain such records and take such actions necessary to demonstrate such compliance throughout the construction of the project. Further, I acknowledge that offering a written instrument knowing that the written instrument contains a false statement or false information, with the intent to defraud the State or any political subdivision, public authority or public benefit corporation of the State, with the knowledge or belief that it will be filed with or recorded by the State or any political subdivision, public authority or public benefit corporation of the State, constitutes a crime under New York State Law. Blank 07/27/2022 (Signature of Authorized Representative) Blank (Date) Blank Blank Tim Collopy, Mayor Blank Blank (Name and Title) Blank Blank Village of Millbrook Blank Blank (Municipal Applicant) Village of Millbrook WWTP Upgrade New York State Revolving Fund (Not Applicable for Municipal Land Acquisition Projects) Certification as to Title to Project Site I, Tim Collopy , do hereby certify on behalf of the Applicant named below in connection with its application to the New York State Environmental Facilities Corporation: 1. That I have investigated and ascertained the location of, and am familiar with the legal description of, the site(s) being provided by the Applicant for all elements of the water pollution control project for which financial assistance has been requested under the State Revolving Fund ("SRF"), identified as SRF Project No. _________ (the “Project”). 2. As to all sites to be provided by the Applicant for the Project: a. The Applicant has a legal and valid fee simple title or other estate or interest in the site(s) of the Project, including all the necessary easements and rights-of-way, as are necessary to the Applicant’s undisturbed use and possession during construction, and for the estimated operational life of the Project; or b. The Applicant has initiated formal condemnation proceedings and has filed an acquisition map to acquire the necessary interest or estate in such site or sites and has right of entry to the property. (Attach proof of filing of the acquisition map.) 3. That any deeds or documents required to be recorded in order to protect the title of the owner and the interest of the Applicant have been duly recorded or filed. Dated this 27 day of July , 2022 . (month) (year) Village of Millbrook (Applicant) By: (Signature of Authorized Officer) Tim Collopy, Mayor (Print or Type Name and Title) SRF – Municipal - Application Form Instructions 28 10/1/2020