2017-149 2017-149
Resolution Authorizing Supervisor To Execute Amendment No. 3 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 August 21, 2017.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2017-149
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Ciccarelli and seconded by Councilman Beale.
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 Nos. 1 and 2 (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. 3 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. 3
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. 3 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: William Ciccarelli, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
8/21/2017
The Resolu ' my declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK
/