2016-303 2016-303
Resolution Authorizing Installation Of Water Main By DCWWA Within Boundary Of
Airport Drive Pursuant To Highway Law §149
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 December
12, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-303
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, the Dutchess County Water and Wastewater Authority (DCWWA), on
behalf of the County of Dutchess, as part of a project to provide municipal water to the Dutchess
County Airport, intends to construct a waterline from the Central Dutchess Water Transmission
Line through Airport Drive in the Town of Wappinger to the Dutchess County Airport; and
WHEREAS, the Town of Wappinger owns fee title to Airport Drive in the Town of
Wappinger; and
WHEREAS, DCWWA had conducted an environmental review of the proposed project,
prepared a Full EAF and the Dutchess County Legislature adopted a Negative Declaration of
Significance on January 22, 2015 for the project and the Town Board of the Town of Wappinger
issued a Negative Declaration for its approval under Highway Law § 149 which was not
contemplated during the initial SEQR review by the DCWWA; and
WHEREAS, New York State Highway Law § 149 and County Law § 263 require the
County to obtain permission from the Town Highway Superintendent and the Town Board to run
the waterline under and through Airport Drive; and
WHEREAS, the DCWWA has requested permission to install and maintain water mains
under Airport Drive in the Town of Wappinger as required by law; and
WHEREAS, the Town Superintendent of Highways has consented to the installation and
maintenance of water mains within the dedicated boundaries of Airport Drive; and
WHEREAS, the Town Board adopted a Negative Declaration for this action.
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 of Wappinger Town Board hereby authorizes DCWWA pursuant to
Highway Law §149 to install and maintain a water main within the boundaries of Airport Drive,
subject to the condition that such pipes and hydrants or crossings shall be so laid, set or
constructed as not to interrupt or interfere with public travel upon the highway, and upon the
further condition that the applicant will replace the earth removed and leave the highway in all
respects in as good condition as before the laying of said pipes, or construction of such crossings,
and that such applicant will keep such pipes and hydrants or crossing in repair and save the town
harmless from all damages which may accrue by reason of their location in the highway, and that
upon notice by the town superintendent the applicant will make the repairs required for the
protection or preservation of the highway.
3. Installation and maintenance of the water main shall be in accordance with the
other terms and conditions of Highway Law § 149.
4. The permit of the town superintendent, with the consent of the town board or
county superintendent, and the acceptance of the applicant, shall be executed in duplicate, one of
which shall be filed in the office of the town clerk and the other in the office of the county
superintendent.
5. The Town Supervisor or the Town Highway Superintendent is hereby directed to
sign the permit and any other documents to evidence the consent of the Town Board.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
12/12/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK