2014-0762014-76
Resolution Authorizing Entry into Intermunicipal Agreement for DC Rail Trail
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 February
24, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale
Vincent F. Bettina
- - - Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the County of Dutchess ("the County") has conclude the construction of the
Dutchess Rail Trail now known as the William R. Steinhaus Dutchess Rail Trail ("WRSDRT")
which traverses through the Towns of Poughkeepsie, LaGrange, Wappinger and East Fishkill;
and
WHEREAS, the County has requested each of the above referenced Towns to assist in
providing proper maintenance of a portion of the WRSDRT~that traverses through the respective
Towns; and
WHEREAS, the Town and the County have negotiated an agreement for maintenance of
the Trail entitled "Intermunicipal Agreement" ("Agreement"), a copy of which is annexed hereto
as Exhibit "A" and is made apart hereof; and
WHEREAS, the Town Board has determined that this is a Type II action pursuant to 6
NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New
York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of
1992.
NOW, THEREFORE, BE IT RESOLVED:
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 that they have read the terms and
conditions set forth in the aforementioned "Intermunicipal Agreement" and
hereby accepts the terms, conditions and obligations imposed upon the Town as
set forth in said Agreement, a copy of which is annexed hereto as Exhibit "A".
3. The Supervisor, Barbara A. Gutzler, is hereby directed and authorized to execute
"Intermunicipal Agreement" by and on behalf of the Town of Wappinger and to
forward a copy thereof to the County of Dutchess to the attention of Marcus J.
Molinaro, County Executive.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
2/24/2014
declared adopted.
INTERMUNICIPAL AGREEMENT
THIS AGREEMENT, made this day of , 2014, by and
between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market
Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and the
TOWN OF WAPPINGER, a municipal corporation with its offices at 20 Middlebush Road,
Wappingers Falls, NY 12590 {hereinafter referred to as the "TOWN")
W/TNESSETH:
WHEREAS, the County has completed construction of the William R. Steinhaus
Dutchess Rail Trail {"WRSDRT") which traverses through the Towns of Poughkeepsie,
LaGrange, Wappinger and East Fishkill, and,
WHEREAS, it ryas envisioned that the maintenance responsibilities far the WRSDRT
would be shared by the Towns and the County
WHEREAS, the Town wishes to assist the County in providing proper maintenance for
that portion of the WRSDRT that traverses through the Town of Wappinger so as to encourage
its use,
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
1. SCOPE OF SERVICES. The Town. shall assist the County in the maintenance of
the WRSDRT by providing the services as set forth on Exhibit "A," "Scope of Services,"
attached hereto and made a part hereof.
2. TERM OF AGREEMENT. The term of this Agreement is January 1, 2014-
17ecember 31, 2015. Representatives of the County and Town will meet on ar about November 1,
2015 to review each party's maintenance responsibilities.
3. COUNTY TO FNDEMNIFY THE TOWN. The County shall defend, protect, and
indemni:f~r the Town for damages done to property, injury, or death to persons resulting from the
negligence of the County's employees in connection with the County's ownership of the
WRSDRT and the woxk done by County employees in connection this agreement.
4. TOWN TO INDEMNIFY COUNTY. The Town shall defend, protect, and
indemnify the County far damages done to property, injury or death to persons resulting from the
negligence of the Town's employees in connection with the Town's maintenance responsibilities
in connection with the WRSDRT as described in this agreement.
5. INSURANCE REQUIREMENTS. At all times during the term of this
agreement, the parties agree to maintain the following insurance and shall provide proof thereof
to each other in the form of a Certificate of Insurance and additional insured endorsement
Page(s)
G-1391-K
{a} Statutory Worker's Compensation and Disability coverage in compliance with the
Compensation Law of the State of New York.
(b) Commercial General Liability Insurance coverage including blanket contractual coverage for
the scope of work connected to this Agreement with limits of not less than five million dollars
($5,000,000.00) per occurrence. The insurance shall be written on an occurrence coverage farm
and include for bodily injury and property damage liability. The parties agree to list each other as
additional insured, provide each other with waivers of subrogation and notice of cancellation
from their respective policies.
6. DISPUTES. The parties agree that should disagreements arise in connection with
this agreement that the parties will jointly choose an arbitrator to hear and resolve the
disagreement. In the event the parties are unable to agree on an arbitrator within two {2} weeks
from demand of the other party, either party to this Agreement may make application to any
resident Justice of the Supreme Court, sitting in Dutchess County, to appoint an arbitrator. The
parties will equally divide the cost of the arbitrator.
7 ENTIRE AGREEMENT. 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.
APPROVED AS TO FORM: ACCEPTED :COUNTY OF DLTTCHESS
BY:
Marcus J. Molinaro
County Executive
County Attorney's Office
APPROVED AS TO CONTENT:
Department of Public Works
TOWN OF WAPPINGER
BY:
Print Name
Title
G-1392-K
STATE OF NEW YORK
COUNTY OF
SS:
On this day of 2014, before me, the undersigned, personally
appeared Marcus J. Molinaro, County Executive, personally 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 {s)he executed the same in his/her capacity, and that by
his/her signature on the instrument, the individual or the person upon behalf of which the
individual acted, executed the instrument. '
Notary Public
STATE OF NEW YORK
COUNTY OF
SS:
On this day of 2014, before me, the undersigned, personally
appeared personally 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 (s}he executed the same in his/her
capacity, and that by his/her signature an the instrument, the individual or the person upon behalf
of which the individual acted, executed the instrument.
Notary Public
G-1391-K
SCOPE flF SERVICE
Repairs, The County shall be responsible for all repairs, replacements, and improvements
associated with the William R. Steinhaus Dutchess Rail Trail (WRSDRT).
2. Inspection and Monitoring. The County will conduct regular inspections of the WRSDRT to
identify obstacles, hazards, or items needing repair or maintenance. The Town will also ..inspect _
the respective Town sections of the WRSDRT for same on at least a monthly basis and will re ort
....... _____ ~:.._..~ __..__.._......-. ~___._.. _ _.._ _.__ _.r._._ _.. ___ m___._._ ~ ... __.__
to the County any obstacles, hazards, or items needing repair and maintenance as soon as
practical. ®______
3. Vegetation Removal. The County shall be responsible for a xegular schedule of vegetation
maintenance, including cutting, clearing, and removal, to limit encroachment on the WRSDRT.
This work shall be performed a minimum of twice a year in June and August. The„Town shall
perform light trimming and removal of small tree,limbs, branches and encroaching brush at the
trail heads and parking tots associated with the DCRT four (4) times per year between April and
4. Mowing. The County shall mow the shoulders of the WRSDRT a minimum of four (4) times per
year. The Town shall mow the areas around:the trail heads and parking lots associated with the
DCRT a minimum of four {4) times peryear between April and November.
5. Litter Removal. The County will place one (1) litter receptacle in the parking area associated
with the WRSDRT only. The'Town shall remove~arb e,;litter and other small debris at the trail
._..... _ _. _ _- _ - --w-_ _.,~. _ ~_ .N~~..~.,...„~.,.~..~w.~~...
head and in the associated parking lot on a weekly `basis. The County shall install signs which
indicate that the WRSDRT is a carry-in/carry-out linear park.
6. Graffiti. The Town shall notify the County of the existence of an affiti on the WRSDRT as
soon as it is noticed. The Town in not responsible for removal of graffiti on the WRS~3RT.
7. Surface Maintenance Daring Winter Months. The WRSDRT shall be kept in its natural
condition during winter months, with neither the WRSDRT nor the access walkways being
plowed or sanded by the County. The Town a es to plow.and sand the designated WRSDRT
parking areas as soon as practical after a weather event, based on the Town's road lowing and,
sanding schedulin .The Town shall swee the parking~areas on an aruiual basis during. the spring
of each year. The County shall post signs in each parking area or at each trail head indicating that
the WRSDRT, associated parking areas and walkways may be used by the public at their own
risk.
8. Sign Repair. The County shall inspect the condition and placement of required signs in its
periodic inspections of the WRSDRT. It shall be the County's responsibility to maintain, repair
and/or replace any signs. The Town shall notifythe Coun of any necessary sign repairs that are
seen on their monthly inspections {orreported at any time) as soon as practical.
G-1391-K