2012-281
2012-281
Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest
to Establish Extension No.2 to the United Wappinger Water District in the Town of Wappinger,
Dutchess County, New York
At a regular meeting of the Town Board ofthe Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 9,2012.
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
lsmay Czarniecki (arrived at 7:39 PM)
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
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 other municipalities; and
WHEREAS, New York City's drinking water is supplied by three (3) primary aqueducts, one of
which is the Delaware aqueduct which passes through the Town of Wappinger after transversing
approximately 600 feet below the Hudson River; and
WHEREAS, 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" Project ("WFF
Project") which involves, among other things, the construction of a bypass tunnel that will cross underneath
the Hudson River and continue through portions of the Town of Wappinger, Dutchess County, New York
(the "Town"); and
WHEREAS, as a component of the WFF Project, DEP will construct a new shaft on the eastern side
of the Hudson River on New York City property located in the Hamlet of Chelsea in said Town and
otherwise referred to as the "Chelsea Shaft 6B Site" located at the Hudson River on River Road North in the
Town; and
WHEREAS, for the construction of the bypass tunnel and the new Shaft 6B, DEP will require
approximately 169,200 gallons of water per day commencing in the fall of2013; and
WHEREAS, in the future, the Town expects that it will need to provide a source of good quality
water to the Chelsea Hamlet area geographically to the south of the proposed Extension No.2, where many
of the residents 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 inch water main
utilizing the water facilities of the United Wappinger Water District (the "District"); and
WHEREAS, after the conclusion of the WFF Project, the water main can be used to supply water to
the residents of the Chelsea Hamlet area as well as other residents of the Town of Wappinger along the
pipeline route in future extensions to the United Wappinger Water District which residents cannot be served
simultaneously with the WFF Project due to constraints in water supply and therefore cannot be benefitted by
the extension herein described; and
WHEREAS, the Town and DEP have entered into an Agreement in Principal, outlining the telms
and conditions pursuant to which the Town of Wappinger will construct a 12 inch water main from the point
of connection with the District water system located near Route 9 and Old Hopewell Road to the Chelsea
Shaft 6B Site, each in said Town; and
WHEREAS, a written petition has been duly filed by New York City with the Town Board of the
Town of Wappinger, Dutchess County, New York, in relation to the establishment ofa proposed water
district extension, to be known as Extension No.2 to the United Wappinger Water District (hereinafter, the
"Extension"), pursuant to Article 12 ofthe Town Law, which petition, together with a map, plan and report
for said Extension (the "map, plan and report") have been filed in the office ofthe Town Clerk and are
available for public inspection; and
WHEREAS, said map, plan and report include a map showing the boundaries of the proposed
extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof,
and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and
WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and
hereby incorporated herein; and
WHEREAS, the improvements proposed for said Extension consist of the purchase and installation
of 12" water distribution mains for connection to the existing District water main located at the junction of
Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet through to Wheeler Hill
Road and then southward to Carnworth Farms to the Chelsea Shaft 6B Site located in the Hamlet of Chelsea,
including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements
and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore
described; and
WHEREAS, the maximum estimated cost of said improvements is $9,000,000; and
WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein
and no serial bonds of said Town shall be issued therefore; and
WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a
sole parcel being the Chelsea Shaft 6B site, is $0, and $0 to anyone or two family home therein, there being
none; and
WHEREAS, the estimated cost of said Extension to the typical.property therein having a sole parcel
being the Chelsea Shaft 6B site, in the fIrst year in which operation, maintenance, debt service and other
charges and expenses are to be made is $99,150 and is $0 to anyone or two family house therein, there being
none; and
WHEREAS, said capital project for said Extension and the establishment thereof has been
determined to be a Type I Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the
implementation of which as proposed, the Town Board has determined will not result in any signifIcant
environmental effects; a full Environmental Assessment Form has been prepared in connection therewith and
is available for review in the office of the Town Clerk during regular office hours; and
WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a
description of the boundaries of said proposed Extension No.2 to the United Wappinger Water District,
the improvements proposed, the $9,000,000 maximum amount proposed to be expended for said
improvements, the proposed method of payment 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 9th day of October, 2012,
at 7:30 o'clock P.M., local 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 consider the establishment of Extension No.2 to the United Wappinger Water
District and said map, plan and report fIled in relation thereto and to hear all persons interested in the
subject thereof concerning the same; and
WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and
within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been
duly presented to said Town Board; and
WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at
which all persons desiring to be heard were duly heard; and
WHEREAS, said Town Board has duly considered said petition and said map, plan and report
and the evidence given at said public hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and
detennined as follows:
a) The petition for establishment of said proposed Extension No.2 to the United Wappinger
Water District was signed and acknowledged or proven or authenticated as required by law
and is otherwise sufficient;
b) All the property and property owners within said proposed Extension No.2 to United
Wappinger Water District, as described in the preambles hereof, are benefited thereby;
c) All the property and property owners benefited are included within the limits of said
proposed Extension No.2 to United Wappinger Water District; and
d) The establishment of said proposed Extension No.2 to United Wappinger Water District is
in the public interest.
Section 2. This resolution shall take effect immediately in accordance with the provision of
Section 194(1) of the Town Law.
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, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
10/9/2012
The Resolution is hereby duly declared adopted.
~~RK