2014-0752014-75
A Resolution Making Certain Determinations in Relation to and Approving the
Establishment of Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger
Water District in the Town of Wappinger, Dutchess County, New York, Pursuant to
Article 12-A of the Town Law
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 February
24, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, a map, plan and report have been prepared in such manner and in such detail
as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess
County, New York, relating to the establishment of Extension No. 4 (Chelsea Hamlet Extension)
to the United Wappinger Water District of said Town (inadvertently referred to as Extension No.
3 in the Order Calling the Public Hearing in connection therewith);
WHEREAS, said map, plan and report were prepared by a competent engineer, duly
licensed by the State of New York, and have been filed in the office of the Town Clerk of said
Town, where the same are available during regular office hours for examination by any persons
interested in the subject matter thereof;
WHEREAS, said Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger
Water District shall be bounded and described as hereinafter set forth as Appendix A attached
hereto and hereby made a part hereof;
WHEREAS, the improvement proposed for said Extension No. 4 (Chelsea Hamlet
Extension) to the United Wappinger Water District consists of construction of a water distribution
system, including approximately 15,000 linear feet of 8" water main, including valves, hydrants,
services, and original equipment, machinery, apparatus, appurtenances, and incidental
improvements and expenses in connection therewith, as more fully described in the aforesaid map,
plan and report;
WHEREAS, the maximum amount proposed to be expended for said improvement is
$5,180,000;
WHEREAS, in connection with the extension of water service from the United
Wappinger Water District to Extension No. 2 to benefit the New York City Department of
Environmental Protection ("NYCDEP"), pursuant to an Intergovernmental Agreement between
the Town and the City of New York (the "City") acting by and through NYCDEP dated August
31, 2012, and in accordance with the terms thereof, the NYCDEP has agreed to pay the cost of
the establishment of the Extension and the improvements therefor (excluding construction costs
of connection from existing residences to water main); and
WHEREAS, said establishment of the Extension and the capital project therefore have
been determined to be a "Type I Action" pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State Environmental
Quality Review Act ("SEQRA"), which, as proposed, it has been determined will not have a
significant effect upon the environment and SEQRA compliance materials are on file in the
office of the Town Clerk were they may be inspected during normal business hours; and
WHEREAS, the average construction costs to connect a single family home to the water
mains, being the typical property in Extension No. 4 (Chelsea Hamlet Extension) to the United
Wappinger Water District, is approximately $2,000, being a typical distance of 50 feet from the
water mains to the point of connection at a single family home; and
WHEREAS, the estimated cost of the establishment of Extension No. 4 (Chelsea Hamlet
Extension) to the United Wappinger Water District to the typical property therein, being asingle-
family home, is $425.75 in the first year in which operation, maintenance, debt service and other
charges and expenses are to be paid; and
WHEREAS, a detailed explanation of the manner by which such first-year costs to the
typical property were computed, has been filed in the office of the Town Clerk at Town Hall in
Wappinger Falls, New York, where the same are available during regular office hours for
examination by any person interested in the subject manner thereof; and
WHEREAS, an Order was duly adopted by said Town Board on January 27, 2014,
reciting a description of the boundaries of said proposed Extension No. 4 (Chelsea Hamlet
Extension) to the United Wappinger Water District, the improvements proposed, the maximum
amount proposed to be expended for said improvements, the fact that said map, plan and report
were on file in the Town Clerk's office for public inspection and specifying the 24th day of
February, 2014, at 7:30 o'clock P.M., Prevailing Time, at the Town Hall, 20 Middlebush Road,
in Wappingers Falls, New York, in said Town, as the time when and the place where said Town
Board would meet for the purpose of holding a public hearing to consider the establishment of
said Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water District and
said map, plan and report filed in relation thereto and to hear all persons interested in the subject
thereof concerning the same; and
WHEREAS, notice of the aforesaid public hearing was duly published and posted in the
manner and within the time prescribed by Section 209-d of the Town Law, and proof of
publication and posting has been duly presented to said Town Board; and
WHEREAS, said public hearing was duly held at the time and place in said order, as
aforesaid, at which all persons desiring to be heard were duly heard; and
WHEREAS, said Town Board has duly considered said map, plan and report and the
evidence given at said public hearing; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New
York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found
and determined as follows:
a) The notice of hearing was published and posted as required by law and is
otherwise sufficient;
b) All the property and property owners within said proposed Extension No. 4
(Chelsea Hamlet Extension) to the United Wappinger Water District are benefited
thereby;
c) All the property and property owners benefited are included within the limits of
said proposed Extension No. 4 (Chelsea Hamlet Extension) to the United
Wappinger Water District; and
d) The establishment of said proposed Extension No. 4 (Chelsea Hamlet Extension)
to the United Wappinger Water District is in the public interest.
Section 2. The establishment of Extension No. 4 (Chelsea Hamlet Extension) to the
United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be
bounded and described as hereafter set forth, and the improvement therefor consisting of the
construction of a water -distribution system, including approximately 15,000 linear feet of 8" water
main, including valves, hydrants, services, and original equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in connection therewith, at a maximum
estimated cost of $5,180,000, are hereby approved.
Section 3. Said Extension No. 4 (Chelsea Hamlet Extension) to the United
Wappinger Water District shall be bounded and described as set forth in Appendix A as
aforementioned.
Section 4. The Town Clerk shall, within ten (10) days after the effective date of this
resolution, file certified copies of this resolution in duplicate in the Office of the State
Department of Audit and Control at Albany, New York.
Section 5. This resolution is adopted subject to permissive referendum.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
2/24/2014
The Resolution is hereby du~,yjdeclared adopted.
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P. PAOLONI, TOWN CLERK