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2012-244 2012-244 Order Calling Public Hearing in the Matter of the Establishment of Extension No.2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York 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 September 10,2012. 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 Beale and seconded by Councilman Kuzmicz. WHEREAS, New York City owns and its Department of Environmental Protection ("DEP") operates New York City's water supply system, which provides, on average, 1 billion gallons of high quality drinking water to the residents of New York City and other municipalities; and WHEREAS, New York City's drinking water is supplied by three (3) primary aqueducts, one of which is the Delaware aqueduct which passes through the Town of Wappinger after transversing approximately 600 feet below the Hudson River; and WHEREAS, DEP has identified two leaks in a section of the Delaware Aqueduct and has undertaken a project to address the leaks to assure the long term sustainability of its ability to supply water to New York City; and WHEREAS, the aqueduct repair project is known as the "Water for the Future" Project ("WFF Project") which involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson River and continue through portions of the Town of Wappinger, Dutchess County, New York (the "Town"); and WHEREAS, as a component of the WFF Project, DEP will construct a new shaft on the eastern side of the Hudson River on New York City property located in the Hamlet of Chelsea in said Town and otherwise referred to as the "Chelsea Shaft 6B Site" located at the Hudson River on River Road North in the Town of Wappinger; and WHEREAS, for the construction ofthe bypass tunnel and the new Shaft 6B, DEP will require approximately 169,200 gallons of water per day commencing in the fall of 20 13; and WHEREAS, in the future, the Town expects that it will need to provide a source of good quality water to the Chelsea Hamlet area geographically to the south of the proposed Extension No. 2, where many of the residents are located on small parcels that currently use individual well sources that have become unreliable; and WHEREAS, DEP proposes to contract with the Town for the construction of a 12 inch water main utilizing the water facilities of the United Wappinger Water District (the "District"); and WHEREAS, after the conclusion of the WFF Project, the water main can be used to supply water to the residents of the Chelsea Hamlet area as well as other residents of the Town of Wappinger along the pipeline route in future extensions to the United Wappinger Water District which residents cannot be served simultaneously with the WFF Project due to constraints in water supply and therefore cannot be benefitted by the Extension herein described; and WHEREAS, the Town and DEP have entered into an Agreement in Principal, outlining the terms and conditions pursuant to which the Town of Wappinger will construct a 12 inch water main from the point of connection with the District water system located near Route 9 and Old Hopewell Road to the Chelsea Shaft 6B Site, each in said Town; and WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No.2 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report accompanying each part and together constituting the map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attachc;:d hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 12-inch water distribution mains for connection to the existing District water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet through to Wheeler Hill Road and then southward to Carnworth Farms to the Chelsea Shaft 6B Site located in the Hamlet of Chelsea, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $9,000,000; and WHEREAS, the cost of said improvements shall be paid by the owner of the property in said Extension and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a sole parcel being the Chelsea Shaft 6B Site is $-0-, and $-0- to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property in said Extension therein having a sole parcel being the Chelsea Shaft 6B Site is $99,150 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $0 to a one or two family house therein, there being none; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property has been filed in the office of the Town Clerk where the same are available during regular office hours by any person interested therein for examination by any person interested in the subject manner thereof; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Town Board has caused the preparation of a full EAF to be prepared in connection therewith, which is on file in the Office of the Town Clerk where it may be inspected during regular office hours by any person interested therein; and WHEREAS, the Town Board has declared itself to be Lead Agency for the purposes of SEQRA review; and WHEREAS, the Town Board has not made a Determination of Significance pursuant to SEQRA, and hereby reserves the right to made such Determination after the conclusion of the Public Hearing hereinafter established; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said Extension, the petition therefore, and the improvements proposed therefore, all pursuant to Section 193 of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 9th day of October, 2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a water district extension in said Town as described in the preambles hereof, to be known as Extension No.2 to the United Wappinger Water District, the petition therefore, and the improvements proposed therefore, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This Order shall take effect immediately. 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 9110/2012 The Resolution is hereby duly declared adopted. ~ CHRISTINE FUL N, TOWN CLERK Exhibit A Boundaries of Proposed Extension No.2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York Property identified by real property tax grid no. 6056-01-288977-0000 owned by the City of New York acting by and through its Department of Environmental Protection. OHSUSA:750907932. ]