2014-1462014-146
In the Matter of The establishment of a Water District Extension in the Town of
Wappinger, Dutchess County, New York, to be known as Extension No. 4 (Chelsea Hamlet
Extension) to the 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 May 12,
2014.
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(Arrived at 7:38PM)
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, a map, plan and report, including an estimate of cost, have been filed in the
office of the Town Clerk of the Town of Wappinger, Dutchess County, New York, in relation to the
establishment of Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water
District (inadvertently referred to as Extension No. 3 in the Order Calling the Public Hearing in
connection therewith); and
WHEREAS, the improvements in connection with the establishment of said Extension No.
4 (Chelsea Hamlet Extension) to the United Wappinger Water District, consist of the construction
of a water distribution system, including approximately 15,000 linear feet of 8" water main,
including valves, hydrants, services, and original equipment, machinery, apparatus, appurtenances,
and incidental improvements and expenses in connection therewith, as more fully described in the
aforesaid map, plan and report; and
WHEREAS, the maximum amount proposed to be expended for said improvements is
$5,180,000; and
WHEREAS, in connection with the extension of water service from the United Wappinger
Water District to Extension No. 2 to benefit the New York City Department of Environmental
Protection ("NYCDEP"), pursuant to an Intergovernmental Agreement between the Town and The
City of New York (the "City") acting by and through NYCDEP dated August 31, 2012, and in
accordance with the terms thereof, the NYCDEP has agreed to pay the cost of the establishment of
the Extension No. 4 and the improvements therefore (excluding construction costs of connection
from existing residences to water main); and
WHEREAS, an Order was duly adopted by said Town Board on January 27, 2014, reciting
a description of the boundaries of said proposed Extension No. 4 (Chelsea Hamlet Extension) to the
United Wappinger Water District, the improvements proposed therefor, the maximum amount
proposed to be expended for said improvements, the proposed method of financing 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 24th day of February, 2014, at 7:30 o'clock P.M., Prevailing 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 hear all
persons interested in the subject thereof concerning the same; and
WHEREAS, such order was duly published and posted in the manner and within the time
prescribed by Section 209-d of the Town Law and proof of such publication and posting has been
duly presented to said Town Board; and
WHEREAS, said public hearing was duly held at the time and place set forth in said order,
as aforesaid, at which time all persons desiring to be heard were duly heard; and
WHEREAS, following said public hearing and based upon the evidence given thereat, said
Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in
subdivision 1 of Section 209-e of the Town Law and a resolution approving the establishment of
said Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water District; and
WHEREAS, such resolution establishing said Extension No. 4 was adopted subject to
permissive referendum and the period of time during which a petition could be filed requesting a
referendum elapsed without a petition being so filed; and
WHEREAS, an application for approval to the Office of the State Comptroller to establish
Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water District was
not required as the cost of the improvements therefore are to be paid by NYCDEP; NOW,
THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water
District, in the Town of Wappinger, Dutchess County, New York, is hereby established, to be
bounded and described as set forth in Appendix A attached hereto and made a part hereof.
Section 2. In connection with the establishment of Extension No. 4 (Chelsea Hamlet
Extension) to the United Wappinger Water District, the improvements therefore, consisting of the
construction of a water distribution system, including approximately 15,000 linear feet of 8" water
main, including valves, hydrants, services, and original equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in connection therewith, as more fully
described in the aforesaid map, plan and report, are hereby authorized and approved. The maximum
estimated cost to said Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water
District pursuant to these proceedings for said improvements shall not exceed $5,180,000 and no
indebtedness of the Town shall be issued in connection therewith. Said cost of said improvements
for said Extension No. 4 shall be paid in connection with an Intergovernmental Agreement between
the Town and the City acting by and through NYCDEP dated August 31, 2012 as aforedescribed,
and in accordance with the terms thereof, the NYCDEP has agreed to pay the cost of the
establishment of Extension No. 4 (Chelsea Hamlet Extension) and the improvements therefore
(excluding construction costs of connection from existing residences to water main).
Section 3. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: ABSENT
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
5/12/2014
The Resolution is hereby duly declared adopted.
EPH P. PAOLONI, TOWN CLERK