2009-2082009-208
Resolution Authorizing the Town of Wappinger to Enter into an Amendment to the
Existing Cooperation Agreement Dated July 6, 2000, as Amended, with the County of
Dutchess for the Purpose of Undertaking Community Development and Home Programs
for the Program Year Commencing Federal Fiscal Years 2010-2012, (And Successive
Three -Year Qualification Periods) Pursuant to Title I of the Housing and Community
Development Act of 1974, as Amended, and the Home Investment Partnerships Program of
Title II of the National Affordable Housing Act of 1990
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 June 8,
2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the Secretary of Housing and Urban Development of the United States is
authorized, under Title I of the Housing and Community Development Act of 1974, as amended,
and the HOME Investment Partnership Program of Title II of the National Affordable Housing
Act of 1990, to make grants to states and other units of general local government to help finance
Community Development Programs; and
WHEREAS, it is desirable and in the public interest that the TOWN OF WAPPINGER
participate in aforesaid Community Development and HOME Programs for the program year
commencing Federal Fiscal Years 2010-2012, (and successive three-year qualification period);
and
WHEREAS, Section 99-h of the General Municipal Law of the State of New York
grants to any municipal corporation the power, either individually or jointly with one or more
other municipal corporations, to apply for, accept and expend funds made available by the
Federal government, either directly or through the state, pursuant to the provisions of any Federal
law which is not inconsistent with the statutes or constitution of this State, in order to administer,
conduct or participate with the Federal government in programs relating to the general welfare of
the inhabitants of such municipal corporation; and
WHEREAS, Title I of the Housing and Community Development Act of 1974, as
amended, and the HOME Investment Partnerships Program of Title II of the National Affordable
Housing Act of 1990, and any "Eligible Activities" thereunder are not inconsistent with the
statutes or Constitution of the State; and
WHEREAS, the TOWN OF WAPPINGER shall take all required actions to comply with
the Urban County's certification required by Section 104(b) of Title I of the Housing and
Community Development Act of 1974, as amended, and with the provisions of the National
Environmental Policy Act of 1969, Title VI of Civil Rights Act of 1964, prohibits discrimination
because of race, color or national origin under any program or activity receiving Federal
financial assistance, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section
109 of Title I of the Housing and Community Development Act of 1974, the Fair Housing Act,
the Americans with Disability Act of 1990, Uniform Relocation Act, Sec. 504 of the
Rehabilitation Act of 1973, and other applicable laws. Further, Urban County funding is
specifically prohibited for activities in, or in support of, any cooperating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction, or that
impedes that County's action to comply with its fair housing certification; and
WHEREAS, the TOWN OF WAPPINGER as a cooperating unit of local government
has adopted and is enforcing:
I . A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such
nonviolent civil rights demonstrations within jurisdictions; and
WHEREAS, participation by the County of Dutchess as an Urban County in the
Community Development and HOME Programs requires that the Municipality of the TOWN OF
WAPPINGER, and the County of Dutchess cooperate in undertaking, and assist in undertaking,
essential community development and housing activities, specifically those activities authorized
by statutes enacted pursuant to Article 9 and 17 of the New York Constitution; and
WHEREAS, the County and the TOWN OF WAPPINGER will cooperate in developing
Community Development and Affordable Housing Programs and applications for the Community
Development Block Grant Entitlement Program and the HOME Investment Partnership ("HOME
Program") which will be designed primarily for the purpose of meeting the priority needs and
objectives of the participating localities based upon an inventory of the community development and
housing needs developed mutually by local and County officials; and
WHEREAS, the Town Board deems it to be in the public interest for the Municipality of
the TOWN OF WAPPINGER to enter into a Cooperation Agreement Amendment with the
County of Dutchess for the aforesaid purposes.
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 authorizes Supervisor Christopher J. Colsey to execute a
Cooperation Agreement Amendment between the Municipality of the TOWN OF
WAPPINGER and the County of Dutchess for the purposes of undertaking a
Community Development Program, pursuant to Title I of the Housing and
Community Development Act of 1974, as amended, and the HOME Investment
Partnerships Program of Title 11 of the National Affordable Housing Act of 1990,
for the program year commencing Federal Fiscal Years 2010-2012 (and
successive three-year qualification periods).
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/8/2009
The Resolution is hereby duly declared adopted.
?y L— ( f jtt;2:��
J C. MASTERSON, TOWN CLERK
RESOLUTION NO.
RESOLUTION
PASSED
RE: RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO
AN AMENDMENT TO THE EXISTING COOPERATION AGREEMENT DATED
JULY 6, 2000 AS AMENDED, WITH THE COUNTY OF DUTCHESS FOR THE
PURPOSE OF UNDERTAKING COMMUNITY DEVELOPMENT AND HOME
PROGRAMS FOR THE PROGRAM YEAR COMMENCING FEDERAL FISCAL
YEARS 2010-2012(AND SUCCESSIVE THREE-YEAR QUALIFICATION
PERIODS) PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE HOME INVESTMENT
PARTNERSHIPS PROGRAM OF TITLE II OF THE NATIONAL AFFORDABLE
HOUSING ACT OF 1990
Supervisor Chris Colsey offers the following and moves it is
adopted:
Seconded by Councilperson
WHEREAS, the Secretary of Housing and Urban Development of
the United States is authorized, under Title I of the Housing and
Community Development Act of 1974, as amended, and the HOME
Investment Partnership Program of Title II of the National
Affordable Housing Act of 1990, to make grants to states and
other units of general local government to help finance Community
Development Programs, and
WHEREAS, it is desirable and in the public interest that the
TOWN OF WAPPINGER participate in aforesaid Community Development
and HOME Programs for the program year commencing Federal Fiscal
Years 2010-2012, (and successive three-year qualification
period); and
WHEREAS, Section 99-h of the General Municipal Law of the
State of New York grants to any municipal corporation the power,
either individually or jointly with one or more other municipal
corporations, to apply for, accept and expend funds made
available by the Federal government, either directly or through
the state, pursuant to the provisions of any Federal law which is
not inconsistent with the statutes or constitution of this State,
in order to administer, conduct or participate with the Federal
government in programs relating to the general welfare of the
inhabitants of such municipal corporation, and
WHEREAS, Title I of the Housing and Community Development
Act of 1974, as amended, and the HOME Investment Partnerships
Program of Title II of the National Affordable Housing Act of
1990, and any "Eligible Activities" thereunder are not
inconsistent with the statutes or constitution of the State, and
WHEREAS, the TOWN OF WAPPINGER shall take all required
actions to comply with the Urban County's certification required
by Section 104(b) of Title I of the Housing and Community
Development Act of 1974 as amended, and with the provisions of
the National Environmental Policy Act of 1969, Title VI of Civil
Rights Act of 1964, prohibits discrimination because of race,
color or national origin under any program or activity receiving
Federal financial assistance, Title VIII of the Civil Rights Act
of 1968, Executive Order 11988, Section 109 of Title I of the
Housing and Community Development Act of 1974, the Fair Housing
Act, the Americans with Disability Act of 1990 Uniform Relocation
Act, Sec. 504 of the Rehabilitation Act of 1973, and other
applicable laws.
Further, Urban County funding is specifically prohibited for
activities in, or in support of, any cooperating unit of general
local government that does not affirmatively further fair housing
within its own jurisdiction, or that impedes that County's action
to comply with its fair housing certification.
WHEREAS the TOWN OF WAPPINGER as a cooperating unit of local
government has adopted and is enforcing:
a) A policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations;
and
b) A policy of enforcing applicable State and local
laws against physically barring entrance to or exit from a
facility or location which is the subject of such nonviolent
civil rights demonstrations within jurisdictions.
WHEREAS, participation by the County of Dutchess as an Urban
County in the Community Development and HOME Programs requires
that the Municipality of the TOWN OF WAPPINGER, and the Country of
Dutchess cooperate in undertaking, and assist in undertaking,
essential community development and housing activities,
specifically those activities authorized by statutes enacted
pursuant to Article 9 and 17 of the New York Constitution, and
WHEREAS, the County and the TOWN OF WAPPINGER will cooperate
in developing Community Development and Affordable Housing
Programs and applications for the Community Development Block
Grant Entitlement Program and the HOME Investment Partnership
("HOME Program") which will be designed primarily for the purpose
of meeting the priority needs and objectives of the participating
localities based upon an inventory of the community development
and housing needs developed mutually by local and County
officials;
WHEREAS, the Board deems it to be in the public interest for
the Municipality of the TOWN OF WAPPINGER to enter into a
Cooperation Agreement Amendment with the County of Dutchess for
the aforesaid purposes, now, therefore, be it
RESOLVED, that Supervisor Chris Colsey be and hereby is
authorized to execute a Cooperation Agreement Amendment between
the Municipality of the TOWN OF WAPPINGER and the County of
Dutchess for the purposes of undertaking a Community Development
Program pursuant to Title I of the Housing and Community
Development Act of 1974, as amended, and the HOME Investment
Partnerships Program of Title II of the National Affordable
Housing Act of 1990, for the program year commencing Federal
Fiscal Years 2010-2012(and successive three-year qualification
periods).
Chris Colsey, Supervisor
Date
Dated:
STATE OF NEW YORK
DUTCHESS COUNTY
Office of the Clerk of
The TOWN OF WAPPINGER )
This is to certify that I, Chris Masterson, Clerk of the TOWN OF
WAPPINGER in the said County of Dutchess have compared the
foregoing copy of Resolution No. with the original now on
file in this office, and that the same is a correct and true
transcript of said original Resolution No. and the whole
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said TOWN OF WAPPINGER this day of June, 2009.
ris Masterson, Municipal Clerk
AMENDMENT TO URBAN COUNTY COOPERATION AGREEMENT
TOWN OF WAPPINGER
It is hereby agreed between the County of Dutchess, one of the counties of the
State of New York, having its principal offices at 22 Market Street, Poughkeepsie, NY,
12601 (hereafter referred to as "COUNTY") and the TOWN OF WAPPINGER,(hereafter
referred to as ("TOWN"), to amend the Cooperation Agreement County Contract
Number 00 -0410 -PL, dated July 6, 2000, as amended, (Amendment to Urban County
Cooperation Agreement County Contract Number 00 -0410 -PL -A2, dated July 10, 2006),
as follows:
1. All references to the TOWN OF WAPPINGER participation in the Urban County
Program for the qualification period "fiscal years 2007, 2008 and 2009, shall be
amended to the qualification period fiscal years 2010, 2011 and 2012, (and successive
three year qualification periods as provided in Paragraph 1 of the agreement)
In all other respects, the provisions of the prior Cooperation Agreement dated July 6,
2000 as amended, shall remain in full force and effect shall be binding upon the parties
referred to above.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement as of this day of , 2009.
APPROVED AS TO FORM
County Attorney
APPROVED AS TO CONTENT
Commissioner of Planning
and Development
COUNTY OF DUTCHESS
I�
William R. Steinhaus
County Executive
TOWN OF WAPPINGER
Christopher J. Colsey, Supervisor
TOWN OF WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On this day of , 2009, before me the subscriber personally appeared
WILLIAM R. STEINHAUS, to me known, who being by me duly sworn, did depose and
say: that he resides at Pleasant Valley, New York; that he is the County Executive of the
COUNTY OF DUTCHESS, the corporation described in and which executed the
foregoing instrument; and that he signed his name thereto pursuant to the authority of the
Charter of the County of Dutchess.
Notary Public
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On this day of , 2009, before me the subscriber personally
appeared CHRISTOPHER J. COLSEY, to me known, who being by me duly sworn, did
depose and say: that he resides at Wappingers Falls, New York; that he is the Supervisor
of the TOWN OF WAPPINGER, the municipal cooperation described in and which
executed the foregoing instrument; and that he signed his name thereto pursuant to law.
Notary Public
William R Steinhaus
County Executive
Roger P. Akeley
Commissioner
Kealy Salomon
Assistant Commissioner
May 15, 2009
Supervisor ®f#ice
MAY 18 2009
27 High Street
Poughkeepsie
New York 12601
(845)486-3600
Fax(845)486-3610
E-mail:plandev@co.dutchess.ny.us
REQUALIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ATTENTION: Municipal Supervisors, Mayors and Clerks
Attached is the Resolution and Amendment to the Urban County Cooperation Agreement that is
final for your municipality. The Resolution needs to be passed at your May/early June board
meeting. The Resolution needs to be numbered (if applicable), signed by the Supervisor or
Mayor, and the municipal clerk must certify and seal the Resolution.
The Amendment to the Urban County Cooperation Agreement must be signed by the Supervisor
or Mayor and their signature notarized. Please be sure that the Resolution is dated prior to or the
same date as the Amendment. HUD will not accept Amendments dated prior to the authorizing
Resolution.
Please return all five originals of the signed Resolution and Amendment to our office by
Monday, June 8th. We are required to have all qualification documents to HUD by July 7th. If you
have any questions or need assistance with this process, please contact me at 486-3600 or
edovle@co.dutchess.ny.us. Thank you in advance for your continued participation in the CDBG
Program.
Elizabeth Doyle,
Community Development Administrator
Dutchess County Department of Planning & Development
Dutehess County
Department of
Planning and
Development
William R Steinhaus
County Executive
Roger P. Akeley
Commissioner
Kealy Salomon
Assistant Commissioner
May 15, 2009
Supervisor ®f#ice
MAY 18 2009
27 High Street
Poughkeepsie
New York 12601
(845)486-3600
Fax(845)486-3610
E-mail:plandev@co.dutchess.ny.us
REQUALIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ATTENTION: Municipal Supervisors, Mayors and Clerks
Attached is the Resolution and Amendment to the Urban County Cooperation Agreement that is
final for your municipality. The Resolution needs to be passed at your May/early June board
meeting. The Resolution needs to be numbered (if applicable), signed by the Supervisor or
Mayor, and the municipal clerk must certify and seal the Resolution.
The Amendment to the Urban County Cooperation Agreement must be signed by the Supervisor
or Mayor and their signature notarized. Please be sure that the Resolution is dated prior to or the
same date as the Amendment. HUD will not accept Amendments dated prior to the authorizing
Resolution.
Please return all five originals of the signed Resolution and Amendment to our office by
Monday, June 8th. We are required to have all qualification documents to HUD by July 7th. If you
have any questions or need assistance with this process, please contact me at 486-3600 or
edovle@co.dutchess.ny.us. Thank you in advance for your continued participation in the CDBG
Program.
Elizabeth Doyle,
Community Development Administrator
Dutchess County Department of Planning & Development