2014-274 2014-274
Resolution Declaring An Emergency To Lower The Water Main Along Old Hopewell Road
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 27, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2014-274
El adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑
❑ Defeated William H.Beale Mover El ❑ ......._ ❑ ❑
❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑
❑ Withdrawn Ismav Czarniechi Voter Q ❑ ❑ ❑
Michael huzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilman
Kuzmicz.
WHEREAS, the Town Board has previously approved an Intergovernmental Agreement ("IGA")
with the City of New York ("City") [through its Department of Environmental Protection ("DEP")] to
authorize an extension of the United Wappinger Water District ("UWWD") which would provide water to
the DEP site located in the Hamlet of Chelsea; and
WHEREAS,the IGA was dated August 31, 2012; and
WHEREAS, pursuant to the IGA, the Town completed the constriction of a 12 inch water main
from a point of connection in or near Old Hopewell Road (County Route 28) to the DEP site in accordance
with plans and specifications prepared by the Engineers to the Town (Morris Associates) and approved by
the DEP; and
WHEREAS, a portion of the 12 inch water main runs along the northerly side of Old Hopewell Road
(County Route 28); and
WHEREAS, the Town of Wappinger Planning Board had previously authorized the constriction of
the Nature Preserve, a subdivision along Old Hopewell Road (County Route 28) which authorized ingress
and egress to Old Hopewell Road (County Route 28), subject to any terms and conditions imposed by the
Dutchess County Department of Public Works ("DPW"); and
WHEREAS, one of the conditions imposed by DPW required the lowering of a vertical curve along
Old Hopewell Road (County Route 28) to improve sight distance at the point of access to the Nature
Preserve; and
WHEREAS, the developers of the Nature Preserve and the Engineers to the Town had requested
DEP to authorize a change in the location of the entrance point to the Nature Preserve so as to avoid any
interference with the 12 inch water main constricted along Old Hopewell Road; and
WHEREAS, DPW refused to authorize a change in location and directed that Old Hopewell Road
(County Route 28) be lowered in accordance with original plans; and
WHEREAS, the consequent result is that the previously constricted 12 inch water main located on
the northerly side of Old Hopewell Road in the vicinity of the Nature Preserve, is now less than the required
depth to eliminate the danger of freezing; and
WHEREAS, the DEP on Friday, October 16 2014, authorized use of DEP fiends to lower the pipe at
a cost not to exceed $72,000.00; and
WHEREAS, because of the impending cold weather during the winter months, the paving
requirements of DPW and the closing of asphalt plants in early December, it is necessary to undertake the
lowering of the pipe as soon as possible; and
WHEREAS, there is insufficient time available advertise for bids for the lowering of the water pipe
to meet the required deadlines; and
WHEREAS, the Engineer to the Town, Robert J. Gray, P.E. has obtained 3 written quotes from
several contractors and has recommended the award of the contract to Kiniry Excavation for the amount of
$31,500; and
WHEREAS, the Town Board has determined that the water main is in danger of freezing and
declares that an emergency exists with respect to lowering the water main and hereby directs the Supervisor,
Engineer to the Town and the Attorney to the Town to take all steps necessary to implement and award a
contract for the lowering of the water main in the shortest possible time both to comply with DPW
specifications and standards and in accordance with the plans and specifications prepared by the Engineer to
the Town;
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby declares that an emergency exists in the Town of Wappinger with
respect to the lowering of the 12 inch water main along Old Hopewell Road near the vicinity to the
entrance to the Preserve project.
3. The following Town Officers and/or employees and/or professionals are hereby directed to
take whatever steps are needed to coordinate whatever constriction work is required to lower the pipe
along Old Hopewell Road in accordance with the plans and specifications as prepared by the Engineer to
the Town: Supervisor, Code Enforcement Officer, Engineer to the Town and Attorney to the Town.
4. The Town of Wappinger Procurement Policy is hereby specifically suspended for the
purposes of expediting the constriction work necessary to lower the 12 inch water main along the northern
side of Old Hopewell Road (County Route 28) near the vicinity of the entrance to the Nature Preserve
Subdivision and to complete the same as circumstances permit so as to avoid any damage to the 12 inch
water main caused by freezing temperatures.
5. This Resolution is effective immediately and the above named Town Officers and professionals are
authorized to implement this Resolution, including the solicitation of written estimates and the award of any
contracts necessary to implement this constriction work as soon as practicable.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Dated: Wappingers Falls, New York
10/27/2014
The Resolution is hereby duly declared adopted.
JOSEPH P. PAOLONI, TOWN CLERK