2012-274
2012-274
Resolution Authorizing the Execution of an Intermunicipal Agreement Between the City of
New York and the Town of Wappinger for Administration and Enforcement of the
Construction Codes
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 Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Delaware Aqueduct which supplies water to the City of New York
(City) and other municipalities traverses the Town of Wappinger; and
WHEREAS, the City through the Department of Environmental Protection (DEP) has
fee title to certain real property in the Town of Wappinger and has easement interests in other
parcels; and
WHEREAS, the DEP needs to make repairs to the Delaware Aqueduct which includes
the construction of the Rondout-West Branch Tunnel Bypass Project ("RWBT Bypass Project");
and
WHEREAS, as part of the RWBT Bypass Project a new shaft, designated as "Shaft 6B"
will be constructed on real property in the Town owned by the City designated as Tax Parcel ID
135689-6056-01-288977 and a bypass tunnel ("Bypass Tunnel") connecting Shaft 6B to a new
shaft being constructed in the Town of Wappinger, NY; and
WHEREAS, certain New York City Codes jurisdictionally apply to the RWBT Bypass
Project and compliance with same is the responsibility of the City through DEP; and
WHEREAS, the City has requested that the Town's Code Enforcement Officials inspect
and certify compliance ofthe RWBT Bypass Project with applicable City Codes; and
WHEREAS, the City and the Town hereby agree to the terms and conditions as
contained in the Intermunicipal Agreement for Administration and Enforcement of the
Construction Codes in substantially the same form as attached hereto and the Town reserves the
right to make any changes thereto as may be required; and
WHEREAS, the Town Board hereby authorizes the Town Supervisor to execute the
Intermunicipal Agreement.
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 Members individually confirm that they have each read the
Intermunicipal Agreement attached hereto, and understand the terms, conditions
and obligations therein.
3. The Town Board hereby authorizes Supervisor Barbara A. Gutzler to execute the
Intermunicipal Agreement by and on behalf of the Town of Wappinger,
evidencing the Town's agreement to the terms, conditions and obligations
contained therein, specifically to inspect, enforce and ensure compliance with
referenced City Codes.
4. The Town Board further authorizes the Supervisor and the Attorney to the Town
to negotiate and modify the wording of any of the terms, conditions or obligations
contained in the Intermunicipal Agreement, provided that such modifications are
substantially consistent with the terms and conditions as stated therein.
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
10/9/2012
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
INTERMUNICIP AL AGREEMENT
FOR ADMINISTRATION AND ENFORCEMENT OF THE CONSTRUCTION CODES
THIS AGREEMENT made this _ day of _, 2012, pursuant to Article 5-G of the
General Municipal Law of the State of New York and S 85-2 of the Town of Wappinger Code,
by and between
THE CITY OF NEW YORK ("CITY"),
acting by and through its
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"),
having its principal address at 59-17 Junction Boulevard, Flushing New York 11373,
and
THE TOWN OF WAPPINGER ("WAPPINGER"),
a Municipal Subdivision,
having its offices at Town Hall,
20 Middlebush Road, Wappingers Falls, New York 12590,
WHEREAS, the Delaware Aqueduct which supplies water to the City of New York and
other municipalities traverses the Town of Wappinger; and
WHEREAS, the City through the DEP has fee title to certain real property in the Town of
Wappinger and has easement interests in other parcels; and
WHEREAS, the DEP needs to make repairs to the Delaware Aqueduct which includes
the construction of the Rondout-West Branch Tunnel Bypass Project ("RWBT Bypass Project");
and .
WHEREAS, as part of the RWBT Bypass Project a new shaft, designated as "Shaft 6B"
will be constructed on real property in the Town owned by the City of New York designated as
Tax Parcel ID 135689-6056-01-288977 and a bypass tunnel ("Bypass Tunnel") connecting Shaft
6B to a new shaft being constructed in the Town of Wappinger, NY;
WHEREAS, certain New York City Codes, as described herein, will be applied to RWBT
Bypass Project and the certification of the Bypass Tunnel and the City of New York will be
responsible for the enforcement and administration of those codes, as described herein.
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
1. The New York City Construction Codes adopted at Title 28 of the New York City
Administrative Code and the New York City Fire Code adopted at Title 29 of the New
York City Administrative Code shall apply to the RWBT Bypass Project pursuant to
19 N.Y.C.R.R. 1201.2(1)(a), except as otherwise provided for in this agreement.
2. DEP will follow the self-certification procedures set forth in the NYC Construction
Codes and will maintain all necessary records and files to effect such self-certification.
3. Upon request, DEP will provide copies of all permits, building permits, certificates of
occupancy and certificates of compliance issued by DEP to Wappinger for its records.
4. The Wappinger Building Department shall not issue any permits, building permits,
certificates of compliance or certificates of occupancy pursuant to the New York State
Uniform Code as adopted by Chapter 85 of the Wappinger Code, nor shall any
inspections be conducted in connection therewith, except as described herein.
5. Wappinger shall be authorized to conduct such inspections and issue such approvals that
are necessary for enforcement of any site plan approval or variance issued for the RWBT
Bypass Project under Chapter 240 (Zoning) of the Town of Wappinger Code and for any
blasting permits required under Chapter 80 of the Town of Wappinger Code.
6. DEP and Wappinger agree that the provisions of the Fire Code of New York State
(FCNYS), as adopted 'by the Town, with respect to the storage of compressed gas, fuel,
explosives and other hazardous materials will be applied to certain portions of the RWBT
Bypass Project, as described in Section 7 hereto.
7. The Town of Wappinger Fire Inspector shall conduct the necessary inspections related to
the storage of compressed gas, fuel, explosives and other hazardous materials on real
property owned by DEP located in the Town of Wappinger in accordance with the
FCNYS and shall issue Operating Permits for the storage of such materials in accordance
with the provisions of S 85-10(D) ofthe Town of Wappinger Code and the FCNYS.
8. DEP shall pay the fee for the operating permit as set forth in S 122-16(Q)(2) of the Town
Code or its successor.
9. The term of this Agreement shall commence upon the date of execution ofthis agreement
by all parties and shall continue until completion of the construction of the R WBT
Bypass Project, as certified by DEP.
10. Fees in connection with permits for water supply or for the Shaft 6B site to be serviced
by the United Wappinger Water District shall be included in the amounts due to the
Town pursuant to the Intergovernmental Agreement, dated , 2012, between
the Town and DEP and no additional fees shall be charged.
11. The terms of this Agreement, including its attachments and exhibits, represent the final
intent of the parties. Any modification, rescission or waiver of the terms of this
Agreement must be in writing and executed and acknowledged by the parties with the
same formalities accorded this basic Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
New York City
Department of Environmental Protection
TOWN OF WAPPINGER
BY:
BY:
Barbara Gutzler
Supervisor