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2012-175 2012-175 Resolution Ratifying Reimbursement Protocol for Fees Incurred from Town Professionals in Connection with the Construction of a Water Main to New York City's Water Facilities Located in Chelsea 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 May 29, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. .Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Cazrniecki. WHEREAS, by Resolution No. 2012-163, the Town Board ratified and confirmed the execution of an Agreement in Principle (hereinafter "AIP") between the Town of Wappinger and the City of New York acting by and through its Department of Environmental Protection (hereinafter "DEP"); and WHEREAS, amongst other things, the AlP outlined the general terms pursuant to which the Town will construct a 12 inch water main from a point of connection with the United Wappinger Water District (UWWD) near Route 9 and Old Hopewell Road to the Chelsea Shaft 6B site (hereinafter "Shaft 6B Site"); and WHEREAS, the AIP authorizes an advance of $100,000.00 from DEP to the Town for the purposes of conducting preliminary studies associated with the construction of the 12 inch water main; and WHEREAS, on May 18,2012, Supervisor GutzIer received a letter from the New York City Water Board outlining the terms and conditions pursuant to which the Town would be reimbursed for all costs and expenses associated with undertaking the preliminary studies for the construction of the 12 inch water main; and WHEREAS, a copy of said letter is attached hereto and made a part hereof. 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 hereby confirms and ratifies the actions of Supervisor Gutzler in executing the aforementioned letter agreement identifying the protocol for reimbursement of professional fees and expenses incurred by the Town for preliminary studies and work undertaken in connection with the proposed construction of a 12 inch water main from a point of connection with a water line owned and operated by the UWWD to the Shaft 6B site. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 5/29/2012 The Resolution is hereby duly declared adopted. f~F-fcn- CHRISTINE FUL TO , TOWN CLERK