2012-181
2012-181
Resolution Requesting Special Legislation to Permit Construction and Installation of
Water Line through Carnwath Farms, a Town Park
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 June 4,
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 (arrived at 7:34 pm)
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, New York City (NYC), through its Department of Environmental
Protection (DEP), owns and operates a water supply system that is responsible for providing
drinking water to more than eight million residents in New York City, as well as approximately
one million upstate residents; and
WHEREAS, approximately- fifty (50%) percent of this water is supplied through the
Delaware Aqueduct system, a portion of which is located in the southwestern portion of the
Town of Wappinger; and
WHEREAS, DEP has identified leaks in sections of the Delaware Aqueduct and has
committed capital funds to address such leaks to ensure the long-term sustainability of its ability
to supply water through the Delaware Aqueduct as part of a project known as "Water for the
Future"; and
WHEREAS, in connection with DEP's Water for the Future project, DEP plans to
construct a new tunnel segment below the Hudson River to by-pass a leaking section of the
existing Delaware Aqueduct tunnel; and
WHEREAS, as part of the Water for the Future project, DEP will construct two new
shafts, one on each side of the Hudson River, to allow for tunnel construction and to provide
future tunnel access, and one of these shafts, known as "Shaft 6B" will be constructed on the
eastern side of the Hudson River on NYC property located in the Hamlet of Chelsea, Town of
Wappinger, County of Dutchess, State of New York (the "Shaft 6B site"); and
WHEREAS, in connection with the proposed construction of the shafts and by-pass
tunnel, the NYCIDEP will require approximately 169,200 gallons per day of potable water to
facilitate the construction of the shafts and the by-pass tunnel; and
WHEREAS, NYC and the Town have negotiated an agreement in principal which will
require the Town through the United Wappinger Water District (UWWD) to construct a water
main to the Shaft 6B site to facilitate the construction and ultimately to also provide the Hamlet
of Chelsea and surrounding environs with potable water; and
WHEREAS, the engineers to the Town have determined that the most appropriate route
for the water main is to be routed through the Carnwath Farms Park; and
WHEREAS, the construction of the water main through the Carnwath Farms Park will
also provide potable water and fire protection to the Park which will facilitate the development
of the Park for public recreation purposes; and
WHEREAS, upon completion of the Water for the Future project, NYC will permit the
Town of Wappinger to connect to NYC's water supply system so as to provide the Town with an
additional supply of potable water; and
WHEREAS, the twelve inch water pipe will be constructed so that it can transport water
either from the UWWD's wells or from the NYCIDEP aqueduct system; and
WHEREAS, the Town Board confirms that the construction and installation of the water
pipe through Carnwath Farms will permit the water pipe to be constructed in the quickest, most
efficient and economical way possible in order to meet the construction requirements ofNYC's
Water for the Future project as well as to ultimately provide potable water and firefighting
protection to Carnwath Park and the surrounding communities which are in dire need of a
potable water supply; and
WHEREAS, the Town hereby recommends and supports the installation of the water
pipe through Carnwath Farms
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 requests that its local legislative representatives,
Honorable Stephen M. Saland, Senator, and Honorable Joel Miller,
Assemblyman, introduce appropriate legislation for adoption by the New York
State Legislature which would permit the construction and installation of an
underground twelve inch water main and above ground hydrants through
Carnwath Farms, a Town park, in accordance with the proposed map of the pipe
as shown on the attached Exhibit "A".
3. The Town Board further determines that the construction of the underground
water pipe through Carnwath Farms will only have a very minimal effect on the
use of the park by the public during the very short construction period and the
Town Board is requesting this special legislation to comply with guidance
provided by the Office of Parks, Recreation and History Preservation.
4. Supervisor Barbara Gutzler and any other employees or consultants of the Town,
including the engineer to the Town and the attorney to the Town, are hereby
authorized to take whatever steps are necessary and to undertake whatever work is
required to introduce the appropriate legislation into the Legislature so as to
authorize the construction of the twelve inch water main as stated above.
5. A draft of the proposed Legislation is attached hereto marked as Exhibit "B" and
the Town Board endorses and supports the introduction and adoption of this
legislation by the New York State Legislature.
6. The Town Board, Town of Wappinger hereby intends that this Resolution be
deemed a Home Rule Request Message to permit a Senate bill and an Assembly
bill to authorize the Town of Wappinger to convey a permanent water easement
through and under Carnwath Farms in accordance with the draft legislation, a
copy of which is affixed hereto.
7. The Town Clerk is hereby authorized and directed to send certified copies of this
Resolution to the Honorable Stephen M. Saland, New York State Senator, and the
Honorable Joel Miller, New York State Assemblyman, New York State Office of
Parks, Recreation and Historic Preservation, New York City DEP, and any other
agencies requiring a copy of this Resolution.
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, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
6/4/2012
The Resolution is hereby duly declared adopted.
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HRISTINE FULTON, TOWN CLERK
EXHIBIT B
DRAFT LEGISLATION FOR CARNWATH FARMS WATER LINE EASEMENT
AN ACT authorizing the town of Wappinger, county of Dutchess, to grant a permanent easement to the
United Wappinger Water District, a special district of the Town of Wappinger, over the lands of
Carnwath Farms which are restricted by a Conservation Easement and used for park purposes,
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
91. Notwithstanding any inconsistent provision of any general, special or local law, to the contrary, the
town of Wappinger, Dutchess county acting by and through its town board, is hereby authorized and
. .
empowered to grant a permanent easement, to the town of Wappinger, Dutchess county on behalf of
the United Wappinger Water District across Carnwath Farms by appropriate instrument. The easement
is necessary to install a water main which connects to the New York City Delaware Aqueduct Shaft 6B
which is located in the Hamlet of Chelsea in the Town of Wappinger. The easement will also authorize
necessary repairs and maintenance to the water main and hydrants. Upon completion of construction,
the town of Wappinger shall restore the surface of the lands to the condition that existed prior to the
granting of the easement and the lands shall continue to be used for park purposes. This easement will
not interfere with the recreational use of the parkland as the construction is for a short period of time
and the area disturbed is minimal.
9 2. No acquisition of new parkland is required. The construction of the water main and fire hydrants is a
capital improvement within the parkland that benefits Carnwath Farms and no additional capital
improvement to parkland is required.
93. The parcel to be conveyed by the town of Wappinger to the town of Wappi nger, on behalf of the
United Wappinger Water District by way of easement through the lands of Carnwath Farms pursuant to
the provisions of this act is described as follows:
ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State
of New York and is more particularly described as follows:
BEGINNING at a point on the westeriy line of Wheeler Hill Road, said point being located South
19Q 12' DO" East 57.73 feet from the northeast corner of the lands, now or formerly, of Town of
Wappinger; thence along said Wheeler Hill Road the following three (3) courses:
1. South 19Q 12' DO" East8.54 feet,
. 2. South 18f! 32'15" fast 15;92feet-and
3. South 19Q 31' 20" East 8.13 feet
to a point; thence leaving said Wheeler Hill Road through the lands of said Town of Wappinger
the following five (5) courses:
1. South 482 02' 06" West 19.46 feet,
2. South 242 26' 34" West 1,257.28 feet,
3. South 292 04' 30" West 925.76 feet,
4. South 352 48' 35" West 618.89 feet and
5. South 632 04' 11" West 117.12 feet
to a point, said point being located North 282 23' 15" West 31.35 feet from the southwest
corner of the lands of said Town of Wappinger; thence along the lands of the Town of
Wappinger North 282 23' 15" West 30.01 feet to a point; thence through The Town of
Wappinger following five (5) courses:
1. North 632 04' 11" East 110.61 feet,
2. North 352 48' 35" East 609.85 feet,
3. North 292 04' 30" East 922.78 feet,
4. North 242 26' 34" East 1,262.33 feet and
5. North 482 02' 06" East 38.46 feet
to the point or place of BEGINNING and containing 2.026 acres of land, more or less.
94. This act shall take effect immediately.
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