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2012-282 2012-282 Resolution Approving the Establishment of Extension No.2 to the United Wappinger Water District and the Improvements in Connection Therewith 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 October 9,2012. 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 (arrived at 7:39 PM) Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki 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; and WHEREAS, for the construction of the bypass tunnel and the new Shaft 6B, DEP will require approximately 169,200 gallons of water per day commencing in the fall of2013; 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 ofthe 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 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 attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of 12" 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 Camworth 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 in full by the owner of the property therein 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 anyone or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein having a sole parcel being the Chelsea Shaft 6B site, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $99,150 and is $0 to anyone or two family house therein, there being none; 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, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; a full Environmental Assessment Form has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 2 to the United Wappinger Water District, the improvements proposed, the $9,000,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9th day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No.2 to the United Wappinger Water District Extension No.2 and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof.of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No.2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of 12" 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, at a maximum estimated cost of $9,000,000, is hereby approved. The cost of said improvements shall be paid by the owner of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION 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 10/9/2012 The Resolution is hereby duly declared adopted. Du~~~1 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 Yark acting by and through its Department of Environmental Protection. OHSUSA:750907932. ]