2023-922023-92
Resolution Authorizing Memorandum Of Agreement With Metro North For Betterments
At Bank Street Railroad Crossing
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 July 24,
2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2023-92
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Mover
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Voter
❑
❑
❑
Q
Al Casella
Voter
2
❑
❑
❑
The following Resolution was introduced by Councilwoman Bettina and seconded by
Councilman Beale.
WHEREAS, Metro -North is an operating agency of the Metropolitan Transportation Authority
(the "MTA"); and
WHEREAS, Metro -North operates and maintains grade crossing protection devices at the Bank
Street railroad crossing in the Chelsea Hamlet (the "Crossing:") that are intended to reduce the
risk of accidents or incidents involving trains coming into contact with vehicles or pedestrians
crossing the tracks; and
WHEREAS, because of the priority which Metro -North gives to conducting rail operations in a
manner that protects the safety of its employees, passengers, and the general public, and the
emergence of new technologies, Metro -North is evaluating whether additional grade crossing
protection or other safety measures would be appropriate at certain grade crossings; and
WHEREAS, the Town owns and maintains the portion of Bank Street which crosses over Metro
North's tracks mentioned above; and
WHEREAS, Metro -North and the Town have concluded that it is appropriate to install certain
grade crossing protection devices at the Crossing, as well as other safety measures, in the interest
of enhancing public safety; and
WHEREAS, Metro -North and the Town have also concluded that it is appropriate to install
sleeves under Metro -North's right of way at the Crossing for the Town's water and sewer needs;
and
WHEREAS, Metro -North and the Town wish to work together to provide for the design,
construction and installation of such grade crossing protection devices, other safety measures,
and sleeves; and
WHEREAS, certain Federal Highway Administration ("FHWA") grant funds are being
advanced to the State of New York (the "State"), acting by and through the New York State
Department of Transportation ("NYSDOT"), which will in turn be disbursed by NYSDOT to the
MTA to defray the costs of designing, constructing, and installing such additional grade crossing
protection devices, other safety measures, and sleeves; and
WHEREAS, Metro -North and the Town wish to enter into a Memorandum of Agreement in the
form annexed hereto that is intended to set out terms and conditions governing the relationship
between Metro -North and the Town with respect to the design, construction, installation,
maintenance, and repair of such additional grade crossing protection devices, other safety
measures, and sleeves , and the application of federal grant funds to the costs thereof.
WHEREAS, the Town Board has reviewed the Agreement and believes that it is in the
best interest of the Town to execute such Agreement;
NOW, THEREFORE, BE IT RESOLVED, that:
1. The Town Board hereby accepts the terms of the Memorandum of Agreement for the
Bank Street Crossing Improvements, and the Town Board hereby authorizes the
Supervisor to sign said MOU on behalf of the Town; and
2. Funding for the installation of the sleeves for water & sewer are contingent upon the
approval of the New York State Department of Transportation.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Angela Bettina, Councilwoman
SECONDER: William H. Beale, Councilman
AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella
ABSENT: Christopher Phillips
Dated: Wappingers Falls, New York
7/24/2023
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK