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2025104

AMENDING RESOLUTION NO. 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS

Introduced
August 5, 2025
Latest action
August 5, 2025
Status
ADOPTED
District coverage
scope: countywide

Document text

Extracted from the official document; OCR may contain errors.

ENVIRONMENT REVISED 7/9/2025 RE: RESOLUTION NO. 2025104 AMENDING RESOLUTION NO. 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS WHEREAS, the County of Dutchess, New York (the "County"), for and on behalf of the Dutchess County Water District, and the Dutchess County Water and Wastewater Authority (the "Authority"), have entered into a Service Agreement, Amended and Nineteenth Restatement as of April 23, 2024, relating to an integrated water supply, purification and distribution system (the "Service Agreement"), and WHEREAS, by Resolution No. 2023223, the County consented to the issuance by the Authority of its Notes and Bonds provided that the aggregate principal amount of the Notes and Bonds does not exceed $2,200,000, and consented to the inclusion in the Service Fee provided by Section 5.2 of the Service Agreement of debt service on the Notes and Bonds to finance construction of the Peach Road Water System and interconnection to the Town of Poughkeepsie water distribution system to provide a new water supply source for the BOCES Campus and Dutchess County Auto Center facility to replace the current groundwater wells serving each property, and WHEREAS, by this Resolution, the Authority proposes to issue notes and bonds not to exceed $2,700,000. (the "Notes and Bonds") to finance the increased costs associated with the project resulting from further development of the design for the water line construction and from cost escalation in the construction industry subsequent to the initial approval, and WHEREAS, Section 5.2(a) of the Service Agreement requires the consent of the County to the issuance of such Notes and Bonds, now, therefore, be it RESOLVED, by the County Legislature of the County of Dutchess, New York as follows: Section 1. The County of Dutchess, New York hereby consents to the issuance by the Dutchess County Water and Wastewater Authority of its Notes and Bonds provided that the aggregate principal amount of the Notes and Bonds does not exceed $2,700,000. The County of Dutchess further consents to the inclusion of debt service on the Notes and Bonds in the Service Fee provided by Section 5.2 of the Service Agreement. Section 2. This Resolution takes effect immediately. CA-066-25 CRC/rjw 06/06/25 G- 1217-Z. Fiscal Impact: See Attached APPROVED Susarberira SUSAN J. SERINO COUNTY EXECUTIVE Date _taly 17,2025 STATE OF NEW YORK ss: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared the foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said legislature on the 14 day of July 2025, and that the same is a truc and correct transcript of said original resolution and of the whole thereof. IN WITNESS WHEREOF, I have hercunto set my hand and scal of said Legislature this 14" day of July 2025. Lushlager CERTIFICATION FORM STATE OF NEW YORK COUNTY OF DUTCHESS ) SS.: ) I, the undersigned Clerk of the County of Dutchess, New York (the "County"), DO HEREBY CERTIFY: 1 2025. 2. That a meeting of the County was duly called, held and conducted on the 14 day of July, That such meeting was regular meeting. That attached hereto is a proceeding of the County which was duly adopted at such meeting by the Board of the County. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. That all members of the Board of the County had due notice of said meeting. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". That notice of said meeting (the meeting at which the proceeding was adopted) was caused to be given PRIOR THERETO in the following manner: PUBLICATION POSTING Southern Dutchess News Poughkeepsie Journal 22 Market Street, 6 Floor County Office Building Poughkeepsie, NY 12601 July 11, 2025 July 11, 2025 July 11, 2025 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Legislature this 14 day of July, 2025. NO FISCAL IMPACT PROJECTED Total Current Year Cost $_ Total Current Year Revenue $ and Source FISCAL IMPACT STATEMENT APPROPRIATION RESOLUTIONS (To be completed by requesting department) Source of County Funds (check one): Existing Appropriations, •contingency, •Transfer of Existing Appropriations, • Additional Appropriations, I • Other (explain). Identify Line Items(s): Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): Over Five Years: Additional Comments/Explanation: Prepared by: B.Barclay Prepared On: June 3, 2025 Dut pdf DUTCHESS BOCES Jodi DeLucia, Ph.D. District Superintendent Matthew Metzger School Business Official 845.486.4800 Ext. 2228 [email protected] July 10, 2025 Mr. Jonathan Churins, Executive Director Dutchess County Water and Wastewater Authority 1 LaGrange Avenue Poughkeepsie, NY 12603 Dear Mr. Churins, Please accept this letter as a commitment from Dutchess BOCES in support of the Peach Road Water Line Extension Project. Michael Skerritt, Assistant Superintendent of Business Operations and Facilities, and I attended yesterday's bid opening at the Dutchess County Water and Wastewater Authority (DWWA). We were relieved to see so many contractors submitting bids for this project. Dutchess BOCES and their Board of Trustees fully understand the financial support that we will need to provide for this project. We are hopeful that the Water and Wastewater Authority will secure the necessary authorization from the County Legislature. We remain fully committed to this project, as we believe municipal water is the best option for our campus. As you are aware, Dutchess BOCES currently relies on a deteriorating well. The water's hardness has adversely affected our pipes, leading to frequent failures in our heating system's plumbing during winter months. Our goal since on or about 2019 has been to secure the best possible water supply for our campus to ensure the safety of our students and employees. This has been a long process, and we hope municipal water will soon be available to our campus. For your continued efforts, Dutchess BOCES thanks the DCWWA. Please let us know if there is anything else we can do to support this project. Sincerely, mato m Matthew Metzger CC: Jodi DeLucia, District Superintendent Michael Skerritt, Assistant Superintendent of Business Operations and Facilities Ed Mills, Project Facilitator DCWWA Dutchess BOCES, 5 BOCES Road, Poughkeepsie, NY 12601 | 845.486.4800 | www.dcboces.org Participating districts: Arlington | Beacon | Dover | Hyde Park | Millbrook | Pawling | Pine Plains | Poughkeepsie | Red Hook | Rhinebeck | Spackenkill | Wappingers | Webutuck m:\business office admin teamladministration\dowwaldowwa letter of commitment 7 10 2025 revised.docx AND ASTEWATER AUTHORITY MEMORANDUM To: From: Subject: Date: Dutchess County Legislature Jonathan Churins, Executive Director, DCWWA Update on Peach Road Water Line Project - Status and Next Steps Tuesday, June 24, 2025 Update on Peach Road Water Line Project I'm writing to provide a status update on the Peach Road Water Line Project, which will serve the Dutchess County BOCES, Dutchess County Vehicle Maintenance Facility and Dutchess County Weights & Measures Office. As of February 2025, BOCES Design Engineer secured DOH approval for the project. On May 9th, we published the construction bid advertisement. An RFP for Construction Administration and Observation services was released May 9t. All bidding and proposal timelines are aligned with the project schedule to ensure all construction costs are known by July 9th. A copy of the proposed project schedule is offered below with the tentative construction milestones attached for your reference. Once a contractor has been hired, a more defined construction schedule will be created Please note that under New York State General Municipal Law, construction bids are subject to the 45- day bidding rule. If no award decision is made within 45 days of the bid opening, bidders may withdraw their bids without penalty. Although this is unlikely, we are working to ensure all required decisions and approvals are aligned with this window. Financial Considerations Estimated Total Project Cost: $5M The Estimated Total Project Cost exceeds the bonding authority of $2.2M approved via DC Legislature Resolution 2023223. Should the total construction costs based on actual bids exceed this threshold, we have submitted a draft county resolution to the Dutchess County Legislature to align borrowing authority with then known project cost. The draft resolution was submitted on June 3rd and then will be updated ahead of the July 10th Legislature Committee Meeting. Resolution provides County Consent to inclusion of debt service in the Service Fee per the Service Agreement. A key point is that the County is NOT co-signing debt or otherwise obligated on DCWWA debt for this project. ATER AND ASTEWATER AUTHORITY MEMORANDUM Key Upcoming Milestones • Advertisement for Construction Bid and Construction Administration RFP: May 9th • County Resolution Request Deadline: June 3rd • RFP for Construction Administration and Observation services Proposals Due: June 18th • Construction Bids Due: July gth • County Legislature Committee Meeting: July 10th • County Legislature Meeting: July 14th • DCWWA Board - BAN Approval: July 16th • Issue BAN Request: July 17th • BAN Award: August 5th • DCWWA Board - Construction Contract Award: August 20th Following contract awards we aim to achieve the proposed tight timeline, by immediately initiating construction submittals and working with contractors to secure necessary materials during winter 2025. Major equipment includes a generator, pumps, and ductile iron cement-lined pipe and fittings. Full construction is planned for spring-fall 2026. Please let me know if you have any questions or would like to discuss further. Respectfully, Jonathan Churins Executive Director Dutchess County Water and Wastewater Authority IVILIIUAHIUUIVI WATER AN ASTEWATER AUTHORIT To: From: Subject: Date: Sue Serino, County Executive Jonathan Churins, Executive Director Dutchess County Water & Wastewater Authority 1 Lagrange Avenue Poughkeepsie, NY 12603 845-486-3601 [email protected] Resolution Request June 3, 2025 Please find attached a Resolution Request Form and Fiscal Impact Statement. The purpose of the requested resolution is to obtain County consent to the issuance of Peach Road Water System (County Water District Zone of Assessment Z) Notes and Bonds in an aggregate amount not to exceed $000000. The purpose of the Notes and Bonds is to fund construction of the Peach Road Water System and interconnection to the Town of Poughkeepsie water distribution system. This will provide a new water supply source for the BOCES Campus and Dutchess County auto center facility to replace the current groundwater wells serving each property. The County, by Resolution No. 2023223, previously consented to the issuance of bonds and notes not to exceed $2,200,000. The purpose of this request is to fund increased costs associated with the project, resulting from further development of the design for the water line construction and from cost escalation in the construction industry subsequent to the initial approval. Debt service on the Notes and Bonds will become a component of the County Service Fee payable by the County to the Authority pursuant to the Service Agreement by and between the County on behalf of the County Water District and the Dutchess County Water and Wastewater Authority, Dated June 1, 1998, Amended and Nineteenth Restatement as of April 23, 2024. The County will generate the revenues necessary to pay this component of the Service Fee by levying benefit assessments against all properties within the County Water District Zones of Assessment Z. A copy of Resolution 2023223 is attached. ENVIRONMENT RE: RESOLUTION NO. 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS Legislators CAVACCINI, TRUITT, HOUSTON, SAGLIANO, D'AQUANNI, CASWELL, and KEITH offer the following and move its adoption: WHEREAS, the County OF Dutchess, New York (the "County"), for and on behalf of the Dutchess WHEREAS, the Authority proposes to issue notes and bonds not to exceed $2,200,000 (the "Notes and Bonds") to finance construction of the Peach Road Water System and interconnection to the Town of Poughkeepsie water distribution system to provide a new water supply source for the BOCES Campus and Dutchess County Auto Center facility to replace the current groundwater wells serving each property, and WHEREAS, Section 5.2(a) of the Service Agreement requires the consent of the County to the issuance of such Notes and Bonds, now, therefore, be it RESOLVED, by the County Legislature of the County of Dutchess, New York as follows: Section 1. The Dutchess County, New York hereby consents to the issuance by the Dutchess County Water and Wastewater Authority of its Notes and Bonds provided that the aggregate principal amount of the Notes and Bonds does not exceed $2,200,000. The County of Dutchess further consents to the inclusion of the Service Fee provided by Section 5.2 of the Service Agreement of debt service on the Notes and Bonds. Section 2. This Resolution takes effect immediately. CA-160-23 CRC/jw 11/08/23 G-1217-Z Fiscal Impact: See Attached WATTAM FX. O'NEIL ACTING COUNTY EXECUTIVE Deto 12/14/23 STATE OF NEW YORK ss: COUNTY OF DUTCHESS This is to certify that I, the nadersigned Clerk of the Legislature of the County of Dorchess, have compared the forgoing resolution with the original resolution now on file in the office of said cler, and which was adopted by wad Legislature on the To day of December 2023, and that the same is a true and correct transcript of sand original resolution and of che whole thereof. INWITNESS WHARTOF, I have hercunto set may hand and scal of said Lepilatire this 7o dagut Degembor 2023. righ agen CERTIFICATION FORM ) ) SS.: STATE OF NEW YORK COUNTY OF DUTCHESS I, the undersigned Clerk of the County of Dutchess, New York (the "County"), DO HEREBY CERTIFY: That a meeting of the County was duly called, held and conducted on the 7 day of December 2023. 2. That such meeting was regular meeting. That attached hereto is a proceeding of the County which was duly adopted at such meeting by the Board of the County. 4. 5. 6. 7. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. That all members of the Board of the County had due notice of said meeting. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". That notice of said meeting (the meeting at which the proceeding was adopted) was caused to be given PRIOR THERETO in the following manner: PUBLICATION POSTING Southern Dutchess News Poughkeepsie Journal December 5, 2023 December 5, 2023 22 Market Street, 6' Floor December 5, 2023 County Office Building Poughkeepsie, NY 12601 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Legislature this 8 day of December 2023. Geigh Wager. NO FISCAL IMPACT PROJECTED Total Current Year Cost $ Total Current Year Revenue $ and Source FISCAL IMPACT STATEMENT APPROPRIATION RESOLUTIONS (To be completed by requesting department) Source of County Funds (check one): L Existing Appropriations, "Contingency, •Transfer of Existing Appropriations, • Additional Appropriations, • Other (explain). Identify Line Items(s): Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): Over Five Years: Additional Comments/Explanation: The County will generate the revenues necessary to pay this component of the Service Fee by levying benefit assessments against all properties within the County Water District Zones of Assessment Z. Prepared by: B.Barclay Prepared On: 10/24/2023 Dut pdf 887X0R0 0457 AT AUTHORITY MEMORANDUM To: From: Subject: Date: William F.X. O'Neil, County Executive Michael J. Keating, P.E, Executive Director 6BK Dutchess County Water & Wastewater Authority 1 Lagrange Avenue Poughkeepsie, NY 12603 845-486-3601 845-486-3656 FAX [email protected] Resolution Request November 6, 2023 Please find attached a Resolution Request Form and Fiscal Impact Statement. The purpose of the requested resolution is to obtain County consent to the issuance of Peach Road Water System (County Water District Zone of Assessment Z) Notes and Bonds in an aggregate amount not to exceed $2,200,000.00. The purpose of the Notes and Bonds is to fund construction of the Peach Road Water System and interconnection to the Town of Poughkeepsie water distribution system. This will provide a new water supply source for the BOCES Campus and Dutchess County auto center facility to replace the current groundwater wells serving each property. Debt service on the Notes and Bonds will become a component of the County Service Fee payable by the County to the Authority pursuant to the Service Agreement by and between the County on behalf of the County Water District and the Dutchess County Water and Wastewater Authority, Dated June 1, 1998, Amended and Eighteenth Restatement as of July 1, 2022. The County will generate the revenues necessary to pay this component of the Service Fee by levying benefit assessments against all properties within the County Water District Zones of Assessment Z. Cc: Bridget Barclay, DCWWA Environment Committee Roll Call District District 19 - Towns of North East, Stanford, Pine Plains, Milan District 7 - Towns of Hyde Park and Poughkeepsie District 25 - Towns of Amenia, Washington, Pleasant Valley District 16 - Town of Fishkill and City of Beacon District 10 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 13 - Towns of LaGrange, East Fishkill, and Wappinger District 15 - Town of Wappinger District 20 - Town of Red Hook/Tivoli District 23 - Towns of Pawling, Beekman and East Fishkill District 24 - Towns of Dover and Union Vale Present: Absent: Vacant: 8 4 0 Resolution: Motion: Name Pulver* Truitt* | Houston* Valdés Smith* Atkins* Llaverias D'Aquanni Bolner Cavaccini (C) Munn Hauser (VC) Surman Total: Abstentions: Yes No absent absent absent absent 8 Yes 0 No 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS DECEMBER 4, 2023 Roll Call Sheets District Present: Absent: Vacant: District 19 - Towns of North East, Stanford, Pine Plains, Milan District 7 - Towns of Hyde Park and Poughkeepsie District 25 - Towns of Amenia, Washington, Pleasant Valley District 16 - Town of Fishkill and City of Beacon District 10 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - Towns of Pleasant Valley and Poughkeepsie District 3 - Town of LaGrange District 4 - Hyde Park District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 9 - City of Poughkeepsie District 11 - Towns of Rhinebeck and Clinton District 12 - Town of East Fishkill District 13 - Towns of LaGrange, East Fishkill, and Wappinger District 14 - Town of Wappinger District 15 - Town of Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Town of Fishkill District 20 - Town of Red Hook/Tivoli District 21 - Town of East Fishkill District 22 - Towns of Beekman and Union Vale District 23 - Towns of Pawing, Beekman and East Fishkill Resolution: Motion: 0 Last Name YES Pulver Truitt Houston Valdés Smith Atkins Llaverias Sagliano Polasek Geller Keith D'Aquanni Brendli Johnson Kearncy Metzger Bolner Paoloni Cavaccini McHoul Page Munn Caswell Garito Hauser Surman Total : 24 Yes Abstentions: NO absent No 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS DECEMBER 7, 2023 Environment Committee Roll Call District Distic Hyde Park and Pleasant Valley Distic 25- Amenia Washingo. Plan Valy a Mibrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 13 - East Fishkill and Wappinger District 18 - City of Beacon and Fishkill Present: Absent: Vacant: District 24 - Dover and Pawling Resolution: V Motion: Name Truitt* Houston* Polasek* Valdés Smith* Atkins* Gorman Lawler D'Aquanni (C) Kaul Paoloni (VC) Page House Total: Abstentions: Yes No Abreat Abrent absent 9 Yes No 2025104 AMENDING RESOLUTION NO. 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS JULY 10, 2025 Roll Call Sheets District District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill District 24 - Dover and Pawling Resolution: V Motion: Last Name YES Truitt Houston Polasek Valdés Smith abseut Atkins Gorman Travelpiece Lawler Absent D'Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni Versaci Faust McHoul Page Drago Munn Caswell Garito Rolison House Total : 23 Yes Abstentions: NO Present: Absent: Vacant: No 2025104 AMENDING RESOLUTION NO. 2023223 CONSENTING TO THE ISSUANCE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY OF ITS SERVICE AGREEMENT REVENUE NOTES AND BONDS JULY 14, 2025