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2012-274 2012-274 Resolution Authorizing the Execution of an Intermunicipal Agreement Between the City of New York and the Town of Wappinger for Administration and Enforcement of the Construction Codes 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 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 Ismay Czarniecki (arrived at 7:39 PM) Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, the Delaware Aqueduct which supplies water to the City of New York (City) and other municipalities traverses the Town of Wappinger; and WHEREAS, the City through the Department of Environmental Protection (DEP) has fee title to certain real property in the Town of Wappinger and has easement interests in other parcels; and WHEREAS, the DEP needs to make repairs to the Delaware Aqueduct which includes the construction of the Rondout-West Branch Tunnel Bypass Project ("RWBT Bypass Project"); and WHEREAS, as part of the RWBT Bypass Project a new shaft, designated as "Shaft 6B" will be constructed on real property in the Town owned by the City designated as Tax Parcel ID 135689-6056-01-288977 and a bypass tunnel ("Bypass Tunnel") connecting Shaft 6B to a new shaft being constructed in the Town of Wappinger, NY; and WHEREAS, certain New York City Codes jurisdictionally apply to the RWBT Bypass Project and compliance with same is the responsibility of the City through DEP; and WHEREAS, the City has requested that the Town's Code Enforcement Officials inspect and certify compliance ofthe RWBT Bypass Project with applicable City Codes; and WHEREAS, the City and the Town hereby agree to the terms and conditions as contained in the Intermunicipal Agreement for Administration and Enforcement of the Construction Codes in substantially the same form as attached hereto and the Town reserves the right to make any changes thereto as may be required; and WHEREAS, the Town Board hereby authorizes the Town Supervisor to execute the Intermunicipal Agreement. 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 individually confirm that they have each read the Intermunicipal Agreement attached hereto, and understand the terms, conditions and obligations therein. 3. The Town Board hereby authorizes Supervisor Barbara A. Gutzler to execute the Intermunicipal Agreement by and on behalf of the Town of Wappinger, evidencing the Town's agreement to the terms, conditions and obligations contained therein, specifically to inspect, enforce and ensure compliance with referenced City Codes. 4. The Town Board further authorizes the Supervisor and the Attorney to the Town to negotiate and modify the wording of any of the terms, conditions or obligations contained in the Intermunicipal Agreement, provided that such modifications are substantially consistent with the terms and conditions as stated therein. 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. CHRISTINE FULTON, TOWN CLERK INTERMUNICIP AL AGREEMENT FOR ADMINISTRATION AND ENFORCEMENT OF THE CONSTRUCTION CODES THIS AGREEMENT made this _ day of _, 2012, pursuant to Article 5-G of the General Municipal Law of the State of New York and S 85-2 of the Town of Wappinger Code, 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, WHEREAS, the Delaware Aqueduct which supplies water to the City of New York and other municipalities traverses the Town of Wappinger; and WHEREAS, the City through the DEP has fee title to certain real property in the Town of Wappinger and has easement interests in other parcels; and WHEREAS, the DEP needs to make repairs to the Delaware Aqueduct which includes the construction of the Rondout-West Branch Tunnel Bypass Project ("RWBT Bypass Project"); and . WHEREAS, as part of the RWBT Bypass Project a new shaft, designated as "Shaft 6B" will be constructed on real property in the Town owned by the City of New York designated as Tax Parcel ID 135689-6056-01-288977 and a bypass tunnel ("Bypass Tunnel") connecting Shaft 6B to a new shaft being constructed in the Town of Wappinger, NY; WHEREAS, certain New York City Codes, as described herein, will be applied to RWBT Bypass Project and the certification of the Bypass Tunnel and the City of New York will be responsible for the enforcement and administration of those codes, as described herein. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. The New York City Construction Codes adopted at Title 28 of the New York City Administrative Code and the New York City Fire Code adopted at Title 29 of the New York City Administrative Code shall apply to the RWBT Bypass Project pursuant to 19 N.Y.C.R.R. 1201.2(1)(a), except as otherwise provided for in this agreement. 2. DEP will follow the self-certification procedures set forth in the NYC Construction Codes and will maintain all necessary records and files to effect such self-certification. 3. Upon request, DEP will provide copies of all permits, building permits, certificates of occupancy and certificates of compliance issued by DEP to Wappinger for its records. 4. The Wappinger Building Department shall not issue any permits, building permits, certificates of compliance or certificates of occupancy pursuant to the New York State Uniform Code as adopted by Chapter 85 of the Wappinger Code, nor shall any inspections be conducted in connection therewith, except as described herein. 5. Wappinger shall be authorized to conduct such inspections and issue such approvals that are necessary for enforcement of any site plan approval or variance issued for the RWBT Bypass Project under Chapter 240 (Zoning) of the Town of Wappinger Code and for any blasting permits required under Chapter 80 of the Town of Wappinger Code. 6. DEP and Wappinger agree that the provisions of the Fire Code of New York State (FCNYS), as adopted 'by the Town, with respect to the storage of compressed gas, fuel, explosives and other hazardous materials will be applied to certain portions of the RWBT Bypass Project, as described in Section 7 hereto. 7. The Town of Wappinger Fire Inspector shall conduct the necessary inspections related to the storage of compressed gas, fuel, explosives and other hazardous materials on real property owned by DEP located in the Town of Wappinger in accordance with the FCNYS and shall issue Operating Permits for the storage of such materials in accordance with the provisions of S 85-10(D) ofthe Town of Wappinger Code and the FCNYS. 8. DEP shall pay the fee for the operating permit as set forth in S 122-16(Q)(2) of the Town Code or its successor. 9. The term of this Agreement shall commence upon the date of execution ofthis agreement by all parties and shall continue until completion of the construction of the R WBT Bypass Project, as certified by DEP. 10. Fees in connection with permits for water supply or for the Shaft 6B site to be serviced by the United Wappinger Water District shall be included in the amounts due to the Town pursuant to the Intergovernmental Agreement, dated , 2012, between the Town and DEP and no additional fees shall be charged. 11. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement must be in writing and executed and acknowledged by the parties with the same formalities accorded this basic Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. New York City Department of Environmental Protection TOWN OF WAPPINGER BY: BY: Barbara Gutzler Supervisor