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2015-159 2015-159 Resolution Authorizing Supervisor To Execute Amendment No. 2 To The "Agreement Between The City Of New York And The Town Of Wappinger,New York For Construction Of A Water Supply And Distribution System" 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 July 13, 2015. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the following was recorded: Vote Record-Resolution RES=2015-159 Yes/Aye No/Nay Abstain Absent QAdopted ............................................................................................................................................................................................................... .......... ........................................... ❑ Adopted as Amended Barbara Gutzler....................................................._i...Voter........... Q ❑ ❑ ❑ . ............................... ........................................................................ ............... .......... ...... ❑ Defeated _William Ciccarelli 1 Seconder Q ❑ _ ❑ ❑_ ❑ Tabled William H.Beale J Voter Q ❑ ❑ ❑ _ ❑ Withdrawn Ismay Czarniecki _Voter Q ❑O ❑_ Michael Kuzmicz Mover € Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Ciccarelli. WHEREAS,the New York City through its Department of Environmental Conservation (hereinafter"NYC DEP") and the Town of Wappinger(hereinafter the "Town") are parties to an Agreement dated August 31, 2012, as amended by Amendment No, 1 dated April 4, 2014 (the "Agreement"),pursuant to which the Town was obligated to construct a water main to NYC DEP's construction site, and,to the extent that funding is available,to install a new water distribution system in the Chelsea Hamlet area, which would expand the existing water district; and WHEREAS,pursuant to Section 9(C) of the Agreement,the Town has requested DEP's approval to use unspent funds from the Total Eligible Cost(as defined in the Agreement)to connect certain homes in the vicinity of the construction site to the water main installed pursuant to the Agreement, and DEP has agreed to this request; and WHEREAS, DEP and the Town have agreed to further amend the terms of the Agreement all as set forth in Amendment No. 2 to the Agreement, a copy of which is annexed hereto. 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 acknowledge they have read and hereby approves Amendment No. 2 to the "Agreement between the City of New York and the Town of Wappinger,New York for Construction of a Water Supply and Distribution System". The Town Board hereby authorizes and directs the Supervisor to execute Amendment No. 2 by and on behalf of the Town of Wappinger in substantially the same form as annexed hereto upon notification by NYC DEP that the City Corporation Counsel has approved the Agreement and that the Agreement has been registered pursuant to Section 328 of the New York City Charter. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz Dated: Wappingers Falls,New York 7/13/2015 The Resolution is hereby duly declared Adopted. r 0 SEPH P. PAOLONI, TOWN CLERK