Loading...
2012-163 2012-163 Resolution Ratifying the Execution of an Agreement in Principle Between the Town of Wappinger and the City of New York Acting by and through Its Department of Environmental Protection 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 15, 2012. 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 (arrived at 7:51 PM) Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, New York City owns and its Department of Environmental Protection (DEP) operates New York City's water supply system, which provides, on average, 1 billion gallons of high quality drinking water to the residents of New York City, and others; and WHEREAS, the drinking water is supplied through three (3) primary aqueducts, one of which is the Delaware aqueduct which can provide up to 50% of New York City's water supply; and WHEREAS, the DEP has identified two leaks in a section of the Delaware Aqueduct and has undertaken a project to address the leaks to assure the long term sustainability of its ability to supply water to New York City; and WHEREAS, the aqueduct repair project is known as the "Water for the Future" (WFF) and involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson River; and WHEREAS, the WFF project is scheduled to last through calendar year 2021; and WHEREAS, as a component of the WFF project, DEP will construct a new shaft on the eastern side of the Hudson River on City property located in the Hamlet of Chelsea, in the Town of Wappinger (Shaft 6B); and WHEREAS, the tentative operational date for the bypass tunnel completion is scheduled to occur in 2021; and WHEREAS, DEP will require a supply of water at the Shaft 6B Site for construction and potable water purposes by September 1, 2013; and WHEREAS, the average demand for water at the Shaft 6B site is estimated to be 169,200 gallons per day; WHEREAS, the Town needs to provide a source of good quality water to the Chelsea Hamlet area, where many of the residences are located on small parcels that currently use individual well sources that have become unreliable; and WHEREAS, DEP proposes to contract with the Town for the construction of a 12" water main utilizing the water facilities of the United Wappinger Water District (UWWD); and WHEREAS, the Town and DEP have entered into an Agreement in Principle, outlining the terms and conditions pursuant to which the Town of Wappinger will construct a 12" water main from a point of connection with the UWWD water system to the Chelsea Shaft 6B site, upon terms and conditions outlined in the Agreement in Principle, a copy of which is affixed hereto and made a part hereof; and WHEREAS, on April 9,2012, after a presentation by representatives ofDEP, the Town Board authorized the Supervisor to negotiate the terms and conditions of the Agreement in Principle; and WHEREAS, the terms and conditions of the Agreement in Principle were finally resolved on May 10, 2012; and WHEREAS, on May 10,2012, Supervisor, Barbara A. Gutzler, executed the Agreement in Principle, a copy of which is affixed hereto; and WHEREAS, the Agreement in Principle was forwarded to Deputy Commissioner, Paul Rush ofDEP. 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 confirms the authority given to Supervisor, Barbara A. Gutzler to negotiate and enter into an Agreement in Principle with DEP for the construction of a 12" water main from a point of connection with UWWD to the Chelsea Shaft 6B site, upon terms and conditions more particularly set forth and contained in the Agreement in Principle, a copy of which is affixed hereto. 3. The Town Board members individually confirm that they have each read the Agreement in Principle, understand the terms thereof, and concur with the terms and conditions stated therein. 4. The Town Board hereby ratifies the action of Supervisor, Barbara A. Gutzler in executing the Agreement in Principle and forwarding same to Deputy Commissioner, Paul Rush of the DEP. 5. The Town Board further acknowledges that the Agreement in Principle authorizes an advance of $100,000 from DEP to the Town for the purposes of conducting preliminary studies associated with the construction of the 12" water main. 6. The Town Board further acknowledges that the Agreement in Principle is to be replaced by a more formal intergovernmental agreement which will specify in greater detail the terms and conditions pursuant to which DEP will fund the construction of the water pipe to the Shaft 6B site, as well as to provide additional funds for the supply of a potable water system to the Chelsea Hamlet area. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 5/15/2012 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK AGREEMENT IN PRINCIPLE BETWEEN THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE TOWN OF WAPPINGER REGARDING TOWNAPPROVALS~ATERSUPPLY TIDS AGREEMENT IN PRINCIPLE ("AlP") made the _ day of May, 2012, pursuant to Article 5-G of the General Municipal Law of the State of New York, by and between: THE CITY OF NEW YORK ("CITY"), acting by and through its DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), having its principal address at 59-17 Junction Boulevard, Flushing New York 11373, and THE TOWN OF WAPPINGER ("WAPPINGER"), a Municipal Subdivision having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, sets forth mutual commitments and understandings between DEP and WAPPINGER (hereinafter referred to as the "Parties") related to: i) DEP's intent to provide funding for certain water supply projects to be designed and constructed by WAPPINGER for both Parties' benefit; and ii) other commitments and intentions of the Parties related to planning, design and construction of such water supply projects, including permitting and environmental review. The purpose of this AIP is to establish a framework to provide DEP with a supply of water for. construction of the new Shaft 6B (hereinafter defined), and to provide a water supply system to WAPPINGER, as the host community for the Shaft 6B project, in the form of municipal water distribution in the Chelsea Hamlet district. 1. Water for the Future Proj ect Background New York City owns, and DEP operates, New York City's water supply system ("System"), . which provides, on average, one billion gallons per day of high quality drinking water to approximately nine million consumers. Water is supplied through three primary aqueducts: the Delaware; Catskill and Croton. The Delaware Aqueduct ("Aqueduct") can provide up to 50% of the CITY'S supply. DEP has identified two leaks in a section of the Delaware Aqueduct and has committed capital funds to address the leaks to insure the long-term sustainability of its ability to supply water through the Aqueduct. This project, known as Water for the Future ("WFF") involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson River. This tunnel will bypass the section of the Aqueduct that is leaking. Overall construction of the WFF Proj ect is scheduled to last through 2021. 1 c. Description of Water Supply Projects i. Phase I: construct 12-inch water main from the nearest UWWD interconnection point to either the eastern or northern property line of the Site (first district extension). 11. Phase 2: a) construct a water main extension from Phase 1 termination point into Chelsea Hamlet district and b) construct a distribution system in the Chelsea Hamlet district, exclusive of service connections (second district extension). d. It is contemplated that WAPPINGER intends to apply for a Land Use Permit from DEP for the installation of a water filtration facility on Shaft 6 property, such water filtration facility being necessary for WAPPINGER to treat City water it would take from the Shaft 6 or 6B connection. 3. Understanding of the Parties In an effort to establish the mutual considerations and commitments of the Parties, the Parties intend that the following items represent the understanding of the Parties: a. DEP intends to provide funding to WAPPINGER for the Phase 1 and Phase 2 proj ects described herein to a maximum amount of $11 million: i. DEP intends to fund $9 million for Phase 1: 1. Funding would cover costs associated with planning, permitting, design and construction of the 12-inch water main, inclusive of costs associated with environmental review, legal and project administrative costs. WAPPINGER shall use best efforts to complete construction of 12-inch water main by August 2013 for operational date of September 1, 2013 for Shaft 6B construction. 2. Funding payable in phases based on design and construction milestones for the 12-inch water main as developed and agreed to by the Parties. 11. DEP intends to fund $2 million for Phase 2: 1. Funding contingent on: 1) creation of a tenant water district or extension to UWWD for the Chelsea Hamlet area; 2) completion of the environmental review for Phase 2; and 3) expeditious design and implementation of the Phase 2 distribution project. 2. In order to exercise the option for the Phase 2 funding, WAPPINGER shall have met such milestones towards the Phase 1 Project and Phase 2 development that will be agreed upon by the Parties. 3. The Parties intend that the Phase 2 funding will be used for a water distribution system in the Chelsea Hamlet district and not for areas outside of that district. 4. In no event shall DEP fund more than $2 million for the Phase 2 project. Any costs above $2 million will be borne by WAPPINGER. 3 of the Parties that WAPPINGER would be reimbursed for all costs associated with good faith efforts to conduct the project work up to the time of a transfer to DEP or project termination. 1. Prior to registration of the Inter-Governmental Agreement, the City intends to pay for contract costs associated with initial project planning and design up to $100,000 via the New York City Water Board. Any funds expended prior to registration would be deducted from the $11 million total amount dedicated to the projects. m. DEP intends to provide staff assistance to WAPPINGER in the planning and permitting of the project, including SEQR and DEC permits. It would be WAPPINGER'S obligation to conduct necessary studies, make applications, and obtain all necessary permits and approvals. n. DEP intends to continue to take a supply of potable water from UWWD for the personnel working at the Site when the Shaft 6B facility becomes operational. 4. Term and Termination The term of this AlP will be through the date when the Inter-Governmental Agreement is registered by the New York City Comptroller, upon which the terms and conditions contained therein will be binding on the Parties. The Inter-Governmental Agreement will operate as the binding contract upon the Parties once registration is obtained. If the Inter- Governmental Agreement is not registered by the City Comptroller within a reasonable period of submission, this AIP will terminate. 5. Agreement in Principle Subject to Other Approvals The Parties intend that the terms and understandings in this AIP are subject to all applicable state and local laws and regulations. The Parties intend to use their best efforts to obtain all necessary state and/or local permits and approvals as quickly as practicable to effectuate the terms and understandings herein. 6. Non-Binding Nature of Agreement in Principle The Parties intend for this AIP to be a statement of their mutual intentions only, and unless the Inter-Governmental Agreement is executed by the Parties and registered by the City Comptroller, there are no legally binding agreements between DEP and WAPPINGER with respect to the water supply projects or funding obligations described herein. 7. Governing Law This Agreement shall be governed by the laws of the State of New York. 5 '0 (: 1:-; : ACKNOWLEDGEMENTS STATE OF NEW YORK ) ) ss: COUNTY OF ) On the _ day of May, 2012, before me, the undersigned, personally appeared PAUL V. RUSH known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATEOF NEWYORK ) ) ss: COUNTY OF DUTCHESS ) On the \ O~ay of May, 2012, before me, the undersigned, personally appeared BARBARA A. GUTZLER known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~~~.. . Notary Public AlBERTP. ROBERTS Notary Public Stale of New Vorfc No.02R03301620 Oualifled in Dutchess County 14 Commission Expires February 28, 20_ 7