2012-3352012-335
Resolution Authorizing the Appropriation and Condemnation of Any and All Easements
Necessary to for Extension Number 2 to the United Wappinger Water District Under the
Eminent Domain Proceedings Law
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 December
10, 2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town Board of the Town of Wappinger determined that the
construction of Extension Number 2 to the United Wappinger Water District and the
improvements in accordance with said extension would not result in any significant adverse
environmental impact on October 9, 2012 by Resolution 2012-276; and
WHEREAS, the Town Board of the Town of Wappinger Established Extension Number
2 to the United Wappinger Water District and authorized the improvements in accordance with
said extension on October 9, 2012 by Resolution 2012-282; and
WHEREAS, Engineer to the Town, Morris Associates, P.L.L.C. has prepared plans for
construction of such improvements consisting of the installation of a 12 inch water distribution
main with laterals, hydrants, valves and other appurtenances, and
WHEREAS, the preferred route for the water distribution mains commences at a
connection point with the existing District water main located at the junction of Route 9 and Old
Hopewell Road and extending approximately 20,000 linear feet along Old Hopewell Road,
thence along New Hamburg road to Wheeler Hill Road, thence along Wheeler Hill Road to
Carnwath Farms, thence through Carnwath Farms to the Central Hudson Gas & Electric
Danskammer to Pleasant Valley Right of Way, thence along said right of way to River Road and
thence along River Road to the New York City Department of Environmental Protection Shaft
6B on River Road; and
WHEREAS, most of the construction shall occur within the public rights of way, but
some easements are required over private property in order to construct these improvements; and
WHEREAS, the Town has entered into an agreement with the City of New York,
through its Department of Environmental Protection which contains a specific construction
schedule that must be adhered to and the easements necessary for construction must be obtained
promptly; and
WHEREAS, the Town has acquired easements from various property owners along the
water main route and has attempted to acquire easements from others; and
WHEREAS, negotiations with some landowners for easements have been unsuccessful
and the Town requires easements from these owners to construct the improvements; and
WHEREAS, because of road closures, drainage structures, gas pipelines, mature trees,
stone walls, and other obstructions, there are no alternative location other than over said
properties; and
WHEREAS, the Town Board has determined that it is necessary to commence
proceedings in accordance with the Eminent Domain Proceedings Law in order to acquire the
necessary easements over the affected properties to proceed with construction of the water main;
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 authorizes the commencement of Eminent Domain
proceedings in the Supreme Court, State of New York, County of Dutchess with
respect to the affected properties pursuant to the Eminent Domain Proceedings
Law of the State of New York pursuant to Town Law §64(2).
3. The Town Board hereby authorizes Albert P. Roberts, Attorney to the Town, or
any member of his firm, Stenger, Roberts, Davis & Diamond, LLP to represent
the Town of Wappinger on behalf of the United Wappinger Water District
Extension Number 2 in conjunction with all proceedings to appropriate the
necessary easements in accordance with the Eminent Domain Proceedings Law
and to take all necessary actions with respect to such proceedings.
4. The Attorney to the Town is hereby directed to obtain the necessary appraisals for
the affected properties from McGrath & Company, Inc.; the retention of such firm
was previously authorized by resolution of the Town Board which also authorized
conducting the necessary title examination for the real property along the route of
the water line and related work.
5. The Town Board hereby authorizes the Engineer to the Town to prepare all
necessary takings maps and any other documents necessary to assist the Attorney
to the Town with respect to the eminent domain proceedings.
6. The Attorney to the Town is authorized to make an offer of settlement to all
property owners pursuant to the Eminent Domain Proceedings Law, for the
appraised value of the property to be appropriated.
7. 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 7th day of January 2013 at 7:30 o'clock P.M.,
Prevailing Time, for the purpose of holding a public hearing to consider whether
such property should be acquired by eminent domain 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.
8. In accordance with Eminent Domain Proceedings Law § 202(A), the Town Clerk
is hereby authorized and directed to cause a copy of the attached Notice of Public
Hearing to be published in the Poughkeepsie Journal, an official newspaper of the
Town published daily, for five consecutive days, and in the Southern Dutchess
News, an official newspaper of said Town published weekly, one time, the first
publication thereof to be not less than ten nor more than thirty 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
thirty days before the day set for the hearing as aforesaid.
9. In accordance with Eminent Domain Proceedings Law § 202(C), the Town Clerk
is hereby authorized and directed to notify, either by personal service or certified
mail, return receipt requested, the affected property owners not less than ten nor
more than thirty days before the day set herein for the hearing as aforesaid.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
12/10/2012
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
LEGAL NOTICE
TOWN OF WAPPINGER
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will
conduct a PUBLIC HEARING on the 7th day of January, 2013, at 7:30 p.m. at the. Town Hall,
Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, for the purpose of
determining the need for filing a Petition in the Supreme Court of the State of New York in and
for the County of Dutchess to acquire certain needed easements to construct a water main and
other improvements associated with Extension Number 2 to the United Wappinger Water
District.
Morris Associates, P.L.L.C., Engineers to the Town of Wappinger, has prepared plans for
construction of a water distribution main with laterals, hydrants, valves and other appurtenances
commencing at a connection point with the existing UWWD water main located at the junction
of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet along the
following route: Old Hopewell Road, thence along New Hamburg road to Wheeler Hill Road,
thence along Wheeler Hill Road to Carnwath Farms, thence through Camwath Farms to the
Central Hudson Gas & Electric Danskammer to Pleasant Valley Right of Way, thence along said
right of way to River Road and thence along River Road to the New York City Department of
Environmental Protection Shaft 6B on River Road.
The above noted plans require the acquisition of easements for the water main over
certain properties. If the affected property owners do not agree to execute the necessary easement
documents, the Town will be required to obtain such easement by eminent domain pursuant to
rights granted by Town Law §64(2) and hereby gives notice of a public hearing for the
acquisition of such easements.
Because of disruptive road closures, state and county permitting requirements, drainage
structures, gas pipelines, mature trees, stone walls, and other obstructions, there is no alternative
location other than over said properties.
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger
determined that the construction of Extension Number 2 to the United Wappinger Water District
and the improvements in accordance with said extension would not result in any significant
adverse environmental impact on October 9, 2012 by Resolution 2012-276.
NOTICE IS HEREBY GIVEN that pursuant to Eminent Domain Proceeding Law
§202(C)(2), those property owners who may subsequently wish to challenge condemnation of
their property via judicial review may do so only on the basis of issues, facts, and objections
raised at such hearing.
Any person may submit written views thereon in advance of said meeting in care of the
Town Clerk, or may be heard in person at said meeting. Copies of the engineering drawings for
the project showing the water main route and the easements to be acquired are available for
review at the Town Clerk's Office.
PLEASE TAKE FURTHER NOTICE, that in compliance with the Americans with
Disabilities Act, individuals needing special accommodations (including auxiliary
communicative aids and services) during this hearing should notify the Town Clerk's Office at
(845) 297-5771 on or before January 4, 2013 to request such assistance.
Dated: December 13 , 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
CHRISTINE FULTON
TOWN CLERK