2013-0012013-1
Resolution Authorizing Payment for Acquisition of Easements in Connection with
Construction of Water Main by United Wappinger Water District
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 January 7,
2013.
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
Councilwoman Czarniecki.
WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water
District (UWWD), has entered into anInter-Governmental Agreement (IGA) with the New York
City Department of Environmental Protection (DEP) dated September 25, 2012 for the
construction of a 12 inch water main from a point of connection with the UWWD water system
on Old Hopewell Road and Route 9 to the DEP site located in the Hamlet of Chelsea, Town of
Wappinger; and
WHEREAS, the Town Board has formally authorized the extension of the UWWD to
the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and
WHEREAS, the Engineer to the Town, Morris Associates Engineering Consultants,
PLLC (Morris Associates), has designed the route of the pipe to the DEP site which route
requires the acquisition of several easements; and
WHEREAS, the Town Board has previously authorized the Town Supervisor, Barbara A.
Gutzler, the Engineer to the Town, Morris Associates, and the Attorney to the Town, Albert P.
Roberts, to acquire all required and necessary easements; and
WHEREAS, terms have been negotiated for the acquisition of an easement from Ronald
F. Plimley and Theresa M. Plimley (collectively "Plimley") and from Marlow G. Dunham and
Tonya Z. Dunham (collectively "Dunham"); and
WHEREAS, Plimley and Dunham have requested payment for the Grant of Easement, as
required by New York State Eminent Domain Law; and
WHEREAS, the requested payment from Plimley and Dunham are consistent with
preliminary appraisals of the value of the easements prepared by McGrath & Company, Inc.; and
WHEREAS, Plimley has executed the Grant of Easement, a copy of which is attached as
Exhibit "1" and delivered same to the Attorney to the Town, Albert P. Roberts, to be held in
escrow pending their receipt of the consideration payment to them; and
WHEREAS, Dunham has executed the Grant of Easement, a copy of which is attached
as Exhibit " 2" and delivered same to the Attorney to the Town, Albert P. Roberts, to be held in
escrow pending their receipt of the consideration payment to them.
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 payment in the sum of Ten Thousand Dollars
($10,000.00) to Plimley, together with other design considerations as requested by
Plimley as set forth in the Grant of Easement document attached hereto and made
a part hereof, marked and designated as Exhibit "1".
3. The Town Board hereby authorizes payment in the sum of Seven Hundred Sixty-
Seven Dollars ($767.00) to Dunham.
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
1 /7/2013
The Resolution is hereby duly declared adopted.
RISTINE FULTON, TOWN CLERK