2014-1092014-109
Resolution Authorizing Supervisor To Execute Amendment No. 1 To The "Agreement
Between The City Of New York And The Town Of Wappinger, New York For
Construction Of A Water Supply And Distribution System"
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 March 24,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale
Vincent F. Bettina(Arrived at 7:37PM)
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, the New York City through its Department of Environmental Conservation
(hereinafter "NYC DEP") and the Town of Wappinger (hereinafter the "Town") are parties to an
Agreement dated August 31, 2012 pursuant to which the Town was obligated to construct a
water main to NYC DEP's construction site, and, to the extent that funding is available, to install
a new water distribution system in the Chelsea Hamlet area, which would expand the existing
water district; and
WHEREAS, the Agreement contained dates for certain construction milestones that the
Town was obligated to achieve in order to avoid default and continue to receive funding under
the Agreement; and
WHEREAS, the Agreement also specified the parcels to be included in the water district
expansion, which make up the "Phase II Service Area," subject to certain approvals the Town
was required to receive under its local law; and
WHEREAS, NYC DEP and the Town have agreed to sequence the construction of the
Phase II Service Area into Phase IIA and Phase IIB; and
WHEREAS, Section 7B of the Agreement provides that the Phase II Service Area, as
shown on Exhibit A of the Agreement, may be further modified by subsequent agreement of the
parties based on the funding available for Phase II; and
WHEREAS, the Town has missed certain milestone dates, as set forth in Exhibit B of
the Agreement and has indicated it will require more time to complete construction of the Phase
II Service Area; and
WHEREAS, the NYC DEP and the Town have agreed to amend the terms of the
Agreement to allow for the changes to the Phase II Service Area as shown on Exhibit A and to
revise the milestones set forth on Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board Members acknowledge they have read and hereby approves
Amendment No. 1 to the "Agreement between the City of New York and the
Town of Wappinger, New York for Construction of a Water Supply and
Distribution System", in the form annexed hereto, and authorizes and directs the
Supervisor to execute Amendment No. 1 by and on behalf of the Town of
Wappinger.
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
3/24/2014
The Resolution is hereby duly declared adopted.
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JOSEPH P. PAOLONI, TOWN CLERK