Loading...
2004-02-09 RGMMonday, February 9, 2004 7:30 pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Discussion; • Intermunicipal Agreement for Wappinger Creek Watershed—David Burns • T/Wappinger Dynamic Web Site -Audrey Molsky & Hugh Scully • Canter Rezone—Richard Cantor • Town Vehicle Discussion • Wappinger Park Water Main Break • Local Law Establishing Fees—Karen McNish RESOLUTIONS: 2004-080 Resolution Authorizing supervisor to Sign Contract with D.C. Sheriff's Dep't. 2004-082 Resolution Accepting 3rd Revision of Map, Plan and Report for 99-2R 2004-083 Resolution Authorizing Supervisor to Sign Dial -A -Ride Contract 2004-084 Resolution Authorizing Supervisor to Sign Empire Zone Agreement with DC Economic Development Corp 2004-085 Resolution Introducing Local Law for Real Property Tax Exemptions for Sr. Citizens 2004-086 Resolution Appointing Board of Ethics 2004-087 Resolution Authorizing Bosaz Application fee Refund 2004-088 resolution Authorizing Catalano Application Refund 2004-089 Resolution Authorizing Supervisor to Sign Contract with Frederick P. Clark Assoc 2004-090 Resolution Authorizing Hilltop Business Park Escrow Refund 2004-091 Resolution of Support and Concurrence with Empire Zone Revision 2004-092 Resolution Introducing Local Law Establishing Fees 2004-093 Resolution to Employ Attorney on Contingency Basis to Recover Damages from Groundwater Contamination 2004-094 Resolution Appointing Planning Board Member 2004-095 Resolution Appointing Town Historian 2004-096 Resolution Authorizing Attendance to Recreation Conference 2004-097 Resolution Introducing Local Law to Increase Income Eligibility for Partial Tax Exemptions for Real Property Owned by Disabled Persons 2004-098 Resolution Approving Retainer for Albert P. Roberts, Town Attorney 1 02/09/2004.WS The Workshop Meeting of the Town of Wappinger was held on February 9, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, second by Councilman Bettina and unanimously carried. DISCUSSIONS: • Intermunicipal Agreement for Wappinger Creek Watershed—David Burn, a watershed coordinator gave a brief explanation what the Intermunicipal Council was, and the purpose of the study, which would be funded by part of a $38,000 it grant from the Hudson River Estuary Program. Councilman Valdati moved to authorize Al Roberts, Attorney to the Town to study the agreement and return with his recommendations in two weeks, seconded by Councilwoman McCarthy and unanimously carried • Town of Wappinger Dynamic Web Site -Audrey Molsky & Hugh Scully went over scope of work that would be provided by Dynamic Web Site. Councilman Paoloni moved to go forward with the Dynamic Web Site proposal, seconded by Councilwoman McCarthy and unanimously carried. • Canter Rezone—Attorney Richard Cantor's client, Beverly Canter, is requesting the Town to approve the rezone of the property located on Route 9 and South Fowler House Road from R -2F to HB. He feels that this parcel is incorrectly zoned. If the town were interested, Beverly Canter would be willing, in connection with the rezoning of this property to HB to have the property subdivided, maintain the two acre commercial piece on Route 9 and donate the other three acres to the Town of Wappinger to use as they see fit. No action taken. Town Vehicle Discussion—Mr. Foster explained that although the Supervisor's car has only 54,000 miles on it, the constant moisture 02/09/2004.WS from the car sitting outside for eleven years with little or no use has caused it to get very rusted.. At this point Mr. Foster would recommend either trade it in or give it to the Town Patrol to replace the DC 120 car which has 130,000 miles on it. This would allow the car to be driven constantly allowing it to wear out before the rust progresses any further. Discussion followed. Councilman Bettina moved to give the Supervisor's car to the Town Patrol, seconded by Councilwoman McCarthy and unanimously carried. • Wappingers Park Water Main Break -Mike Tremper explained that the water main under the main building in Wappingers Park Water blew in January. In an hour they were able to implement the emergency plan that was developed several years ago and the residents never experienced any interruption in water. There is approximately 200 feet of 3 1/2 inch temporary water hose that feeds the Wappingers Park water system at this time. The Town Patrol has also been patrolling the area as extra precaution. Once we hook into the Central Wappinger Water system this line will be abandoned. At this time Jay Paggi, Engineer to the Town updated the time schedule for hooking into Central Wappingers. Councilman Valdati move to send residents formal notification of the leaks, the temporary repair of water line with no interruption of service and also a time frame when the new water connection will go into effect, seconded by Ms. McCarthy • Local Law Establishing Fees—Supervisor Ruggiero explained that we are looking to establish one chapter in our town code that would define all the fees as called for in various sections of the code and keep them in one section. Then when we prepare the budget, the Town Board can look at those fees annually, and decide what fees they want to change. Karen McNish an attorney with Al Roberts office was assigned to compile all the fees that the town charged for various things such as building permits, licensing fees, and subdivision fees. Discussion followed. RESOLUTION NO. 2004-080 RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE CONTRACT OF THE DUTCHESS COUNTY'S SHERIFF OFFICE FOR ADDITIONAL POLICE SERVICE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. 2 02/09/2004.WS WHEREAS, the Town of Wappinger has determined that it is necessary to provide additional police protection and security services in the Town of Wappinger, over and above the police protection budgeted and allocated for the Town of Wappinger by the Dutchess County Sheriff; and WHEREAS, the Dutchess County Sheriff has proposed to provide such services in accordance with the terms of a written Agreement which is attached hereto and part hereof; and WHEREAS, the Town Board elects to enter into such Contract in accordance with the terms and conditions set forth therein 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 elects and agrees to enter into a Contract with the Dutchess County Sheriff's Office to provide additional police protection and security services more particularly set forth in a written Agreement, a copy of which is attached hereto and made part hereof. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Agreement between the Town of Wappinger and Adrian H. Anderson, the Sheriff of the County of Dutchess, in substantially the same form as attached hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-082 RESOLUTION ACCEPTING 3RD REVISION OF MAP, PLAN AND REPORT FOR 1999-2(R) The following Resolution was introduce by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, by proceedings heretofore had and taken pursuant to the provisions of Article 12-C of the Town Law, and particularly a Public Interest Resolution dated October 23, 2000, and in accordance with an Order dated January 23, 2001 of the New York State Controller approving the establishment of Wappinger Water Improvement Area 1999-2(R), a water improvement area, known as Wappinger Water Improvement Area 1999-2(R) has been established in the Town of Wappinger, Dutchess County, New York; and 02/09/2004.WS WHEREAS, the improvements proposed for Wappinger Water Improvement Area 1999-2(R) consist of the implementation of a cost-effective method of addressing source, supply and storage problems, and were proposed to include the construction of new water storage tank at the Rockingham (Maxwell Place) site as part of such method of addressing existing source, supply and storage problems; and WHEREAS, after a review of the system parameters as constructed to date, an subsequent to conversations with the Water System Operators, it was determined by the Town's engineers that the construction of the aforesaid water storage tank was not imperative and that the system hydraulics in the area would be better improved by a pipe connection between the Rockingham mains and the Central Wappinger Water Improvement Area mains in the area of the Kendall Farms subdivision; and WHEREAS, a third amended map, plan and report for the construction of improvements for Water Improvement Area 1999-2(R) describing such change in plan and proposed pipeline connection, dated January 12, 2004 and prepared by Paggi, Martin and Del Bene LLP, the Town's engineers in this matter, has been filed with the Town Clerk of the Town of Wappinger, where the same is available for public inspection; and WHEREAS, the proposed cost of construction of the aforesaid water storage tank at Rockingham was previously approved as part of the improvements proposed for Wappinger Improvement Area 1999-2(R) at a maximum estimated cost of $440,000; and WHEREAS, it is estimated that the pipe connection between the Rockingham mains and the Central Wappinger Water Improvement Area, to be constructed in lieu of such water storage tank will cost $385,000 or $55,000 less than the aforesaid water storage tank; and WHEREAS, it is now desired to call a public hearing on the aforesaid change in plan; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town on February 23, 2004 at 7:30 o'clock P.M., Prevailing Time for the purpose of holding a public hearing to consider the change in plan for the construction of improvements for Wappinger Water Improvement Area 1999-2(R) of said Town as described in the preambles hereof, and to hear all persons interested in the subject matter 4 02/09/2004.WS thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, not less than ten nor more than twenty days from the day set for the hearing as aforesaid. Section 3. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The order was thereupon duly declared adopted RESOLUTION NO. 2004-83 RESOLUTION AUTHORIZING SUPERVISOR TO SIGN DIAL -A -RIDE Councilman Valdati moved to table Resolution 2004-83, seconded by Councilwoman McCarthy and unanimously carried RESOLUTION NO. 2004-084 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Empire Zone program is a New York State program which makes financial incentives available to qualifying businesses that expand or locate in the zone; and WHEREAS, the Empire Zone Administrative Board has the responsibility for the successful implementation of the Empire Zone program in Dutchess County, consistent with requirements of the New York State Department of Economic Development (hereinafter referred to as Empire State Development); and W 02/09/2004.W S WHEREAS, administration of the program is essential for an individual business to obtain and maintain Empire Zone Certification, thereby making it eligible to receive the financial incentives; and WHEREAS, the benefits of the Empire Zone are significant for economic development in the Town of Wappinger; and WHEREAS, the Empire Zone Administrative Board annually adopts a budget deemed sufficient to successfully administer the program; and WHEREAS, the Town Board finds that it is in the best interest of the Town to support and contribute to the Empire Zone program to promote economic development in the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 1. The Town Board hereby elects and agrees to enter into a written Agreement between Poughkeepsie Dutchess Development, Inc. in substantially the same form as attached hereto marked and designated as Exhibit "A" and subject to any amendments recommended by the Attorney to the Town, Albert P. Roberts, to provide assistance to businesses as located in the Empire Zone and further authorize the payment of Twenty -One Thousand, Two Hundred and Fifty Dollars ($21,250.00) as the fee to be paid by the Town of Wappinger for the Empire Zone fiscal year of 2003-2004. 2. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Agreement between the Town of Wappinger and Poughkeepsie Dutchess Development, Inc. on behalf of the Town in substantially the same form as attached hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-085 RESOLUTION INTRODUCING LOCAL LAW INCREASING INCOME ELIGIBILITY FOR SENIOR CITIZENS TAX EXEMPTION The following resolution was moved by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, it has come to the attention of the Town Board that the New York Legislature, pursuant to §467 of the Real Property Tax Law, authorizes 31 M r AGREEMENT THIS AGREEMENT, made this day of , 2004, 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 TOWN OF WAPPINGER, a municipal corporation, whose address is PO box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") and ADRIAN H. ANDERSON, the SHERIFF OF THE COUNTY OF DUTCHESS, with offices at 150 North Hamilton Street, Poughkeepsie, NY 12601 (hereinafter referred to as the "SHERIFF"). WITNESSETH: WHEREAS, the Town has requested that the County of Dutchess authorize the Sheriff of Dutchess County to provide police protection which includes security services at Town Courts if so requested, over and above the police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the Deputy Sheriff's P.B.A., Inc., and be subject to the further condition that Deputy Sheriffs are available for the overtime employment as the Town schedules with the Sheriff, and WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town agrees to pay the above expenses incurred in connection with the provision of the additional police protection services, and WHEREAS, the Dutchess County Legislature has approved this type of Agreement by -,Resolution No. 203335, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES. The County, and the Sheriff agree to furnish police protection services including manpower, equipment and supplies in excess of that which is usually and normally furnished by the Sheriff's Office to the Town as follows: 0 '? ISL (a) The Sheriff and the Town shall arrange for the additional police protection to be provided to the Town by the Sheriff. The Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the requests for additional police protection or to confer upon matters concerning the delivery of such services. (b) The Sheriff shall provide sufficient Deputy Sheriffs and patrol cars to patrol the Town during the scheduled hours, which shall constitute the additional protection. The Sheriff, in his sole discretion, shall determine the amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not previously scheduled, the Town shall so notify the Sheriff as set forth in paragraph "l (a)." In the event the Sheriff is unable to provide the additional police protection requested and/or scheduled by the Town, the Sheriff shall so notify the Town. (c) The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled Deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. (d) The Sheriff shall enforce State statutes and local laws. (e) The planning, organization, scheduling, direction and supervision of the Sheriff's personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the Town. '(f) Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. (g) It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriff's Department. 2. EOUIPMENT AND FACILITIES. (a) Except as otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional police protection to the Town. (b) The County and the Town shall retain title to the property each may require to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit. I%W 3. TERM OF AGREEMENT. This Agreement shall be effective January 1, 2004 and shall terminate on December 31, 2004 unless otherwise terminated as set forth herein. 4. PAYMENT. (a) The Town shall reimburse the County for all actual expenses incurred in performing the additional police protection services provided hereunder. Actual expenses shall include the hourly rate plus fringe benefits paid by the County for each Deputy Sheriff scheduled. (b) In addition, the Town shall reimburse the County for administrative expenses of $5.00 per hour incurred as result of the scheduled patrol plus vehicle costs at the rate of $.44 per mile traveled by each Deputy Sheriff assigned and scheduled for the additional police protection services. (c) The Sheriff, at the time of the execution of this agreement, shall furnish the Town with a schedule of the hourly rates and administrative personnel rates for the services of each Deputy Sheriff plus the fringe benefits and administrative costs and shall give the Town written notice of at least sixty (60) days prior to any change in said rates for whatever reason. (d) The Sheriff shall bill the Town within ten (10) days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of additional police protection provided by each Deputy Sheriff, and vehicle costs and an itemized breakdown of administrative expenses. 5. LIABILITY. (a) County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Sheriff and arising out of the performance of this Agreement. The County maintains general liability and police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. (b) Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs or damages for injury to persons or property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6. PERSONNEL. (a) Employee Status: For purposes of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County officers or employees, and they shall not have any benefit, status or right of Town employment. (b) Payment: The Town shall not be liable for the direct payments of salaries, wages or other compensation to County officers or employees providing additional police protection services to the Town under this Agreement. (c) Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of termination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action by the Town against the County or the Sheriff or the County or Sheriff against the Town for damages, loss of profits, expenses or other remuneration of any kind except as provided above. 8. RENEWAL. Unless terminated in accordance with Section 7 above, this Agreement shall be renewed automatically for successive terms of one year. 9. NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff, nor any right, title or interest therein assigned, transferred, conveyed, or disposed. 10. NOTICE. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices that may be personally delivered or sent by regular mail, shall be deemed sufficiently given or rendered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Dutchess County Sheriff 150 North Hamilton Street Poughkeepsie, NY 12601 Town of Wappinger PO Box 324, 20 Middlebush Road Wappingers Falls, NY 12590 11. 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 DUTCHESS County Attorney's Office APPROVED AS TO CONTENT: Dutchess County Sheriff William R. Steinhaus County Executive TOWN OF WAPPINGER M. Print Name: Title: P, STATE OF NEW YORK SS: COUNTY OF DUTCHESS On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, 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 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 ) VNW1 SS: COUNTY OF DUTCHESS On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, 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 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 M AGREEMENT THIS AGREEMENT, made this day of between the COUNTY OF DUTCHESS,2004, a municipal corporation withoffices by an Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and TOWN OF WAPPINGER, a municipal corporation, whose address is PO box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") and ADRIAN H ANDERSON, the SHERIFF OF THE COUNTY OF DUTCHESS, with offices at 150 North Hamilton Street, Poughkeepsie, NY 12601 (hereinafter referred to as the "SHERIFF"). WITNESSETH: WHEREAS, the Town has requested that the County of Dutchess authorize the Sheriff of Dutchess County to provide police protection which includes security services at Town Courts if so requested, over and above the police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment *of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the Deputy Sheriff's P.B.A., Inc., and be subject to the Anther condition that Deputy Sheriffs are available for the overtime employment as Town schedules with the Sheriff, and the WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to Provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town agrees to pay the above expenses incurred in connection with the provision of the additional police protection services, and WHEREAS, the Dutchess County Legislature has approved this type of Agreement by Resolution No. 203335, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1 • SCOPE OF SERVICES. The County and the Sheriff agree to famish Police protection services including manpower, equipment and supplies in excess of that which is usually and normally furnished by the Sheriff's Office to the Town as follows: C 115,6 (a) The Sheriff and the Town shall arrange for the additional police protection to be r provided to the Town by the Sheriff. The Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the requests for additional police protection or to confer upon matters concerning the delivery of such services. (b) The Sheriff shall provide sufficient Deputy Sheriffs and patrol cars to patrol the Town during the scheduled hours, which shall constitute the additional protection. The Sheriff, in his sole discretion, shall determine the amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not previously scheduled, the Town shall so notify the -Sheriff as set forth in paragraph "1(a)." In the event the Sheriff . is unable to provide the additional police protection requested and/or scheduled by the Town, the Sheriff shall so notify the Town. (c) The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled Deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. (d) The Sheriff shall enforce State statutes and local laws. ' W (e) The planning, organization, scheduling, direction and supervision of the Sheriff's personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the Town. (f) Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. (g) It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriffs Department. 2. EQUIPMENT AND FACILITIES. (a) Except as otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional police protection to the Town. (b) The County and the Town shall retain title to the property each may require to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit. 3• TERM OF AGREEMENT. This Agreement shall be effective January 2004 and shall terminate on December 31, 2004 unless otherwise terminated as set forth herein. 4. PANT. (a) The Town shall reimburse the County for all actual expenses incurred in Performing the additional police protection services provided hereunder. Actual expenses shall include the hourly rate plus fringe benefits paid by the County -for each Deputy Sheriff scheduled. (b) In addition, the Town shall reimburse the County for administrative expenses of $5.00 per hour incurred as result of the scheduled patrol plus vehicle costs at the rate of $.44 per mile traveled by each Deputy Sheriff assigned and scheduled for the additional police protection services. (c) The Sheriff, at the time of the execution of this agreement, shall furnish the Town with a schedule of the hourly rates and administrative personnel rates for the services of each Deputy Sheriff plus the fringe benefits and administrative costs and shall give the Town written notice of at least sixty (60) days prior to any change in said rates for whatever reason. (d) The Sheriff shall bill the Town within ten (10) days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of additional police protection provided by each Deputy Sheriff, and vehicle costs and an itemized breakdown of administrative expenses. 5. L=ITY (a) County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Sheriff and arising out of the Performance of this Agreement. The County maintains general liability and Police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. (b) Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs or damages for injury to persons or Property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6• PERSONNEL. (a) Employee Status: For purposes of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County officers or employees, and they shall not have any benefit, status or right of Town employment. (b) Payment: The Town shall not be liable for the direct payments of salaries, wages c or other compensation to County officers or employees providing additional police protection services to the Town under this Agreement. (c) Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of termination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action by the Town against the County or the Sheriff or the County or Sheriff against the Town for damages, loss of profits, expenses or other remuneration of any kind except as provided above. 8. RENEWAL. Unless terminated in accordance with Section 7 above, this Agreement shall be renewed automatically for successive terms of one year. er 9. NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff, nor any right, title or interest therein assigned, transferred, conveyed, or disposed. 10. NOTICE. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices that may be personally delivered or sent by regular mail, shall be deemed sufficiently given or rendered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Dutchess County Sheriff 150 North Hamilton Street Poughkeepsie, NY 12601 Town of Wappinger PO Box 324,20 Middlebush Road Wappingers Falls, NY 12590 M 11. ;NTIRE AGREEMENT. The terms of this Agreement, including its attachments aid exhibits, represent the final intent of the parties. Any modification, rescission or raiver of the terms of this Agreement must be in writing and executed and acknowledge( by the parties with the same formalities accorded this basic Agreement. IN WTNESS WHEREOF, the parties hereto have executed this Agreement. APPROVEL AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS BY: County Attorney's _ Office APPROVED AS TO CONTENT: Dutchess County Sheriff William R. Steinhaus County Executive TOWN OF WAPPINGER IM Print Name: Title: J STATE OF NEW YORK ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, 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 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 ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, 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 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 AGREEMENT THIS AGREEMENT, made this day of,2004 b and between the COUNTY OF DUTCHESS, a municipal corporation witoffices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as , the "COUNTY") and TOWN OF WAPPINGER, a municipal corporation, whose address is PO box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") and ADRIAN H. ANDERSON, the SHERIFF OF THE COUNTY OF DUTCHESS, with offices at 150 North Hamilton Street, Poughkeepsie, NY 12601 (hereinafter referred to as the "SHERIFF"). WITNESSETH: WHEREAS, the Town has requested that the County of Dutchess authorize the Sheriff of Dutchess County to provide police protection which includes security services at Town Courts if so requested, over and above the police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the Deputy Sheriff's P.B.A., Inc., and be subject to the further condition that Deputy Sheriffs are available for the overtime employment as the Town schedules with the Sheriff, and WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town agrees to pay the above expenses incurred in connection with the provision of the additional police protection services, and WHEREAS,. the Dutchess County Legislature has approved this type; of Agreement by Resolution No. 203335, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1 • SCOPE OF SERVICES. The County and the Sheriff agree to furnish Police protection services including manpower, equipment and supplies in excess of that which is usually and normally furnished by the Sheriff's Office to the Town as follows: J, C -;1S6 DUTCHESS COUNTY SHERIFF'S OFFICE 150 N. Hamilton Street RECEIVED Poughkeepsie NY 12601 MEMORANDUM JAN 0 5 2004 SUPERVISOR'S OFFICE TOWN OF WAPPINC TO: Town of Wappinger ` FROM: Maureen Reavey, Business Manage DATE: December 29, 2003 RE: County w/Town of Wappinger Enclosed please find original and four (4) copies of. the Agreement in the above matterat thease abovegn all addresslas soon as copies and return them to me %W possible. Any problems or questions, I can be reached at (845)486-3816. Thank you. M AGREEMENT THIS AGREEMENT, made this day of,2004 b and between the COUNTY OF DUTCHESS, a municipal corporation witoffices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and TOWN OF WAPPINGER, a municipal corporation, whose address is PO box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") and ADRIAN H. ANDERSON, the SHERIFF OF THE COUNTY OF DUTCHESS, with offices at 150 North Hamilton Street, Poughkeepsie, NY 12691 (hereinafter referred to as the "SHERIFF"). WITNESSETH: WHEREAS, the Town has requested that the County of Dutchess authorize the Sheriff of Dutchess County to provide -police protection which includes security services at Town Courts if so requested, over and above the police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the Deputy Sheriffs P.B.A., Inc., and be subject to the further condition that Deputy Sheriffs are available for the overtime employment as the Town schedules with the Sheriff, and WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town agrees to pay the above expenses incurred in connection with the provision of the additional police protection services, and WHEREAS, the Dutchess County, Legislature has approved this type of Agreement by Resolution No. 203335, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES. The County and the Sheriff agree to furnish police protection services including manpower, equipment and supplies in excess of that " which is usually and normally furnished by the Sheriff's Office to the Town as follows: C -;1S6 (a) The Sheriff and the Town shall arrange for the additional police protection to be r provided to the Town by the Sheriff. The Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the requests for additional police protection or to confer upon matters concerning the delivery of (b) such services. The Sheriff shall provide sufficient Deputy Sheriffs and patrol cars to patrol the Town during the scheduled hours, which shall constitute the additional protection. The Sheriff, in his sole discretion, shall determine the amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not previously scheduled, the Town shall so notify the Sheriff as set forth in paragraph "1(a)." In the event the Sheriff is unable to provide the additional police protection requested and/or scheduled by the Town, the Sheriff shall so (c) notify the Town. The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled Deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. (d) The Sheriff shall enforce State statutes and local laws. (e) The planning, organization, scheduling, direction and supervision of the Sheriff's personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff.. The Sheriff shall retain exclusive authority over the activities of his personnel working in the (f) Town. Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. (g) It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriff's Department. 2. EQUIPMENT AND FACILITIES. (a) Except as otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional police protection to the Town. (b) The County and the Town shall retain title to the property each may require to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit. 3. TERM OF AGREEMENT. This Agreement shall be effective January 1, 2004 and shall terminate on December 31, 2004 unless otherwise terminated as set forth herein. 4. PAYMENT. (a) The Town. shall reimburse the County for all actual expenses incurred in performing the additional police protection services provided hereunder. Actual expenses shall include the hourly rate plus Tinge benefits paid by the County for each Deputy Sheriff scheduled. (b) In addition, the Town shall reimburse the County for administrative expenses of $5.00 per hour incurred as result of the scheduled patrol plus vehicle costs at the rate of $.44 per mile traveled by each Deputy Sheriff assigned and scheduled for the additional police protection services. (c) The Sheriff, at the time of the execution of this agreement, shall furnish the Town with a schedule of the hourly rates and administrative personnel rates for the services of each Deputy Sheriff plus the fringe benefits and administrative costs and shall give the Town written notice of at least sixty (60) days prior to any change in said rates for whatever reason. (d) The Sheriff shall bill the Town within ten (10) days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of additional police protection provided by each Deputy Sheriff, and vehicle costs and an itemized breakdown of administrative expenses. 5. LIABILITY. (a) County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Sheriff 'and arising out of the performance of this Agreement. The County maintains general liability and police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. (b) Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs or damages for injury to persons or property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6. PERSONNEL. (a) Employee Status: For purposes of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County officers or employees, and they shall not have any benefit, status or right of Town employment. (b) Payment: The Town shall not be liable for the direct payments of salaries, wages or other compensation to County officers or employees providing additional police protection services to the Town under this Agreement. (c) Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of termination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action by the Town against the County or the Sheriff or the County or Sheriff against the Town for damages, loss of profits, expenses or other remuneration of any kind except as provided above. 8. RENEWAL. Unless terminated in accordance with Section 7 above, this Agreement shall be renewed automatically for successive terms of one year. 9. NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff, nor any right, title or interest therein assigned, transferred, conveyed, or disposed. 10. NOTICE. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices that may be personally delivered or sent by regular mail, shall be deemed sufficiently given or rendered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Dutchess County Sheriff 150 North Hamilton Street Poughkeepsie, NY 12601 Town of Wappinger �% PO Box 324, 20 Middlebush Road Wappingers Falls, NY 12590 11. 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 DUTCHESS County Attorney's Office APPROVED AS TO CONTENT: Dutchess County Sheriff William R. Steinhaus County Executive TOWN OF WAPPINGER Print Name: Title: STATE OF NEW YORK ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, personably 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/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 ) I%W ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved tome 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/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 AGREEMENT THIS AGREEMENT, made this day of between the COUNTY OF DUTCHESS, a municipal corporation with offs e,sb at a22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and TOWN OF WAPPINGER, a municipal corporation, whose address is PO box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") and ADRIAN H. ANDERSON, the SHERIFF OF THE COUNTY OF DUTCHESS, with offices at 150 North Hamilton Street, Poughkeepsie, NY 12601 (hereinafter referred to as the "SHERIFF"). WITNESSETH; WHEREAS, the Town has requested that the County of Dutchess authorize the Sheriff of Dutchess County. to provide police protection which includes security services at Town Courts if so requested, over and above the police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the Deputy Sheriff's P.B.A., Inc., and be subject to the further condition that Deputy Sheriffs are available for the overtime employment as the Town schedules with the Sheriff, and WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town agrees to pay the above expenses incurred in connection with the provision of the additional police protection services, and WHEREAS, the Dutchess County Legislature has approved this type of Agre6ment by Resolution No. 203335, now, therefore, it is mutually agreed b and betvbeen the parties hereto as follows: Y 1 • SCOPE OF SERVICES. The County and the Sheriff agree to furnish Police protection services including manpower, equipment and supplies in excess of that which is usually and normally furnished by the Sheriff's Office to the Town as follows: C -9 ISG (a) The Sheriff and the Town shall arrange for the additional police protection to be provided to the Town by the Sheriff. The Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the requests for additional police protection or to confer upon matters concerning the delivery of such services. (b) The Sheriff shall provide sufficient Deputy Sheriffs and patrol cars to patrol the Town during the scheduled hours, which shall constitute the additional protection. The Sheriff, in his sole discretion, shall determine the amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not previously scheduled, the Town shall so notify the Sheriff as set forth in paragraph "1(a)." In the event the Sheriff is unable to provide the additional police protection requested and/or scheduled by the Town, the Sheriff shall so notify the Town. (c) The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled Deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. (d) The Sheriff shall enforce State statutes and local laws. (e) The planning, organization, scheduling, direction and supervision of the Sheriffs personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the Town. (f) Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. (g) It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriff's Department. 2. EQUIPMENT AND FACILITIES. (a) Except as otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional police protection to the Town. (b) The County and the Town shall retain title to the property each may require to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit. 3• TERM OF AGREEMENT. This Agreement shall be effective Januar 1 2004 and shall terminate on DecemberY `' herein. 31, 2004 unless otherwise terminated as set forth 4. PAYMENT. (a) The Town shall reimburse the County for all actual expenses incurred in Performing the additional police protection services provided hereunder. Actual expenses shall include the hourly rate plus fringe benefits paid by the County, each Deputy Sheriff scheduled. (b) In addition, the Town shall reimburse the County for a exenses of $5.00 per hour incurred as result of the scheduled patrol p1 s vehicle costs at the rate of $.44 per mile traveled by each Deputy Sheriff assigned and scheduled for the additional police protection services. (c) The Sheriff, at the time of the execution of this agreement, shall furnish the Town with a schedule of the hourly rates and administrative personnel rates for the services of each Deputy Sheriff plus the fringe benefits and administrative costs and shall give the Town written notice of at least sixty (60) days prior to any change in said rates for whatever reason. (d) The Sheriff shall bill the Town within ten (10) days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of additional police protection provided by each Deputy Sheriff, and vehicle costs and an itemized breakdown of administrative expenses. 5. MA ITY (a) County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or rty, or death, caed . The County maintains propeus by the negligent acts of any employees of the Sheriff and arising out of the Performance of this Agreementgeneral liability and Police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. (b) Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs or damages for injury to persons or property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6. PERSONNEL. (a) Employee Status: For purposes of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County officers or employees, and they shall not have any benefit, status or right .� of Town employment. (b) Payment: The Town shall not be liable for the direct payments of salaries, wages or other compensation to County officers or employees providing additional police protection services to the Town under this Agreement. (c) Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of termination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action by the Town against the County or the Sheriff or the County or Sheriff against the Town for damages, loss of profits, expenses or other remuneration of any kind except as provided above. 8. RENEWAL. Unless terminated in accordance with Section 7 above, this Agreement shall be renewed automatically for successive terms of one year. 9. NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff, nor any right, title or interest therein assigned, transferred, conveyed, or disposed. 10. NOTICE. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices that may be personally delivered or sent by regular mail, shall be deemed sufficiently given or rendered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Dutchess County Sheriff 150 North Hamilton Street Poughkeepsie, NY 12601 Town of Wappinger PO Box 324, 20 Middlebush Road Wappingers Falls, NY 12590 11. 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 DUTCHESS BY: County Attorney's Office William R. Steinhaus County Executive APPROVED AS TO CONTENT: TOWN OF WAPPINGER BY: Dutchess County Sheriff Print Name: Title: J STATE OF NEW YORK ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, 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 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 ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, 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 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 (a) The Sheriff and the Town shall arrange for the additional police protection to be provided to the Town by the Sheriff. The Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the requests for additional police protection or to confer upon matters concerning the delivery of such. services. (b) The Sheriff shall provide sufficient Deputy Sheriffs and patrol cars to patrol the Town during the scheduled hours, which shall constitute the additional protection. The Sheriff, in his sole discretion, shall determine the amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not Previously scheduled, the Town shall so notify the Sheriff as set forth in paragraph "1(a)." In the event the Sheriff is unable to provide the additional Police protection requested and/or scheduled by the Town, the Sheriff shall so notify the Town. (c) The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled Deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. (d) The Sheriff shall enforce State statutes and local laws. (e) The planning, organization, scheduling, direction and supervision of the She personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the Town. (fl Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. (g) It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriff's Department. 2. EOUIPMENT AND FACILITIES. (a) Except as otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional olice Protection to the Town. p (b) The County and the Town shall retain title to the property each may require to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit. 3. TERM OF AGREEMENT. This Agreement shall be effective January 1, 2004 and shall terminate on December 31, 2004 unless otherwise terminated as set forth herein. 4. PAYMENT. (a) The Town shall reimburse the County for all actual expenses incurred in performing the additional police protection services provided hereunder. Actual expenses shall include the hourly rate plus fringe benefits paid by the County. for each Deputy Sheriff scheduled. (b) In addition, the Town shall reimburse the County for administrative expenses of $5.00 per hour incurred as result of the scheduled patrol plus vehicle costs at the rate of $.44 per mile traveled by each Deputy Sheriff assigned and scheduled for the additional police protection services. (c) The Sheriff, at the time of the execution of this agreement, shall furnish the Town with a schedule of the hourly rates and administrative personnel rates for the services of each Deputy Sheriff plus the fringe benefits and administrative costs and shall give the Town written notice of at least sixty (60) days prior to any change in said rates for whatever reason. (d) The Sheriff shall bill the Town within ten (10) days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of 14w additional police protection provided by each Deputy Sheriff, and vehicle costs and an itemized breakdown of administrative expenses. 5. LIABILITY. (a) County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Sheriff and arising out of the performance of this Agreement. The County maintains general liability and police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. (b) Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs or damages for injury to persons or property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6. PERSONNEL. (a) Employee Status: For purposes of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County officers or employees, and they shall not have any benefit, status or right of Town employment. (b) Payment: The Town shall not be liable for the direct payments of salaries, wages or other compensation to P County officers or employees providing additional police protection services to the Town under this Agreement. (c) Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of tennination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action by the Town against the County or the Sheriff or the County or Sheriff against the Town for damages, loss of profits, expenses or other remuneration of any kind except as provided above. 8. RENEWAL. Unless terminated in accordance with Section 7 above, this Agreement shall be renewed automatically for successive terms of one year. 9. NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff, nor any right, title or interest therein assigned, transferred, conveyed, or disposed. 10. NOTICE. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices that may be personally delivered or sent by regular mail, shall be deemed sufficient) y given or ered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Dutchess County Sheriff 150 North Hamilton Street Poughkeepsie, NY 12601 Town of Wappinger PO Box 324,20 Middlebush Road Wappingers Falls, NY 12590 11. ENTIRE AGREEMENT. The terms of this Agreement, including its ,r 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 DUTCHESS BY: County Attorney's Office William R. Steinhaus County Executive APPROVED AS TO CONTENT: TOWN OF WAPPINGER Dutchess County Sheriff Print Name: Title: STATE OF NEW YORK ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, 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 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 ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, 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 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 J AGREEMENT THIS AGREEMENT, made this day of , 2004, 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 TOWN OF WAPPINGER, a municipal corporation, whose address is PO box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") and ADRIAN H. ANDERSON, the SHERIFF OF THE COUNTY OF DUTCHESS, with offices at 150 North Hamilton Street, Poughkeepsie, NY 12601 (hereinafter referred to as the "SHERIFF"). WITNESSETH: WHEREAS, the Town has requested that the County of Dutchess authorize the Sheriff of Dutchess County to provide police protection which includes security services at Town Courts if so requested, over and above the police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the Deputy Sheriff..s P.B.A., Inc., and be subject to the further condition that Deputy Sheriffs are available for the overtime employment as the ,. Town schedules with the Sheriff, and WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town agrees to pay the above expenses incurred in connection with the provision of the additional police protection services, and WHEREAS, the Dutchess County Legislature has approved this type of Agreement by Resolution No. 203335, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES. The County and the Sheriff agree to furnish police protection services including manpower, equipment and supplies in excess of that which is usually and normally furnished by the Sheriff's Office to the Town as follows: � -; A (a) The Sheriff and the Town shall arrange for the additional police protection to be f. provided to the Town by the SherifThe Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the, requests for additional police protection or to confer upon matters concerning the delivery of such services. (b) The Sheriff shall provide sufficient Deputy Sheriffs and patrol cars to patrol the Town during the scheduled hours, which shall constitute the 'additional protection. The Sheriff, in his sole discretion, shall determine the amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not previously scheduled, the Town shall so notify the Sheriff as set forth in paragraph "1(a)." In the event the Sheriff is unable to provide the additional Police protection requested and/or scheduled by the Town, the Sheriff shall so notify the Town. (c) The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled Deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. (d) The Sheriff shall enforce State statutes and local laws. (e) The planning, organization, scheduling, direction and supervision of the Sheriffs personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the Town. (f) Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. (g) It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriff's Department. 2. EQUIPMENT AND FACILITIES. (a) Except as. otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional police protection to the Town. (b) The County and the Town shall retain title to the property each may require to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit. 3. TERM OF AGREEMENT. This Agreement shall be effective January 1, irr 2004 and shall terminate on December 31, 2004 unless otherwise terminated as set forth herein. 4. PAYMENT. (a) The Town shall reimburse the County for all actual expenses incurred in performing the additional police protection services provided hereunder. Actual expenses shall include the hourly rate plus fringe benefits paid by the County -for each Deputy Sheriff scheduled. (b) In addition, the Town shall reimburse the County for administrative expenses of $5.00 per hour incurred as result of the scheduled patrol plus vehicle costs at the rate of $.44 per mile traveled by each Deputy Sheriff assigned and scheduled for the additional police protection services. (c) The Sheriff, at the time of the execution of this agreement, shall furnish the Town with a schedule of the hourly rates and administrative personnel rates for the services of each Deputy Sheriff plus the fringe benefits and administrative costs and shall give the Town written notice of at least sixty (60) days prior to any change in said rates for whatever reason. (d) The Sheriff shall bill the Town within ten (10) days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of %W additional police protection provided by each Deputy Sheriff, and vehicle costs and an itemized breakdown of administrative expenses. 5. LIABILITY. (a) County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Sheriff and arising out of the performance of this Agreement. The County maintains general liability and police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. (b) Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs or damages for injury to persons or property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6. PERSONNEL. (a) Employee Status: For purposes of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County officers or employees, and they shall not have any benefit, status or right of Town employment. (b) Payment: The Town shall not be liable for the direct payments of salaries, wages or other compensation to County officers or employees providing additional Police protection services to the Town under this Agreement. (c) Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of termination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action by the Town against the County or the Sheriff or the County or Sheriff against the Town for damages, loss of profits, expenses or other remuneration of any kind except as provided above. 8. RENEWAL. Unless terminated in accordance with Section 7 above, this Agreement shall be renewed automatically for successive terms of one year. 9• NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff, nor any right, title or interest therein assigned, transferred, conveyed, or disposed. 10. NOTICE. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices that may be personally delivered or sent by regular mail, shall be deemed sufficiently given or rendered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Dutchess County Sheriff 150 North Hamilton Street Poughkeepsie, NY 12601 Town of Wappinger PO Box 324, 20 Middlebush Road Wappingers Falls, NY 12590 11. 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 DUTCHESS BY: County Attorney's Office William R. Steinhaus County Executive APPROVED AS TO CONTENT: TOWN OF WAPPINGER BY: Dutchess County Sheriff Print Name: Title: STATE OF NEW YORK ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, 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 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 ) SS: COUNTY OF DUTCHESS ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, 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 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 02/09/2004.WS municipalities to provide a real property tax exemption to senior citizens, provided they meet certain income eligibility requirements; and WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature has increased the level of income at which municipalities may offer property tax relief to senior citizens, as well as provided for an offset of senior citizen income by all medical and prescription drug expenses actually paid, which were not reimbursed or paid for by insurance; and WHEREAS, the Real Property Tax Law §467 has been amended to provide for a higher maximum income eligibility level, specifically Twenty Four Thousand Dollars ($24,000.00) and certain additional partial exemptions; and WHEREAS, 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 Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for adoption Local Law No. of 2004 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). BE IT HEREBY FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2004 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 23 day of February, 2004, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye firW Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-086 RESOLUTION APPOINTING TOWN OF WAPPINGER ETHICS BOARD 6 02/09/2004.WS The following Resolution was introduced by Councilman Bettina and second ed by Councilwoman McCarthy. WHEREAS, the Wappinger Town Board is charged with appointing an Ethics Board made up of five members with the Town Supervisor and each Councilperson appointing one representative, and WHEREAS, the appointments for the Town of Wappinger are as follows: Supervisor Joseph Ruggiero appoints Raymond Belding Councilmember Robert Valdati appoints Vincent Francese Councilmember Vincent Bettina appoints James Preuss Councilmember Maureen McCarthy appoints Denise Macio Councilmember Joseph Paoloni appoints Maureen Lucas NOW, THEREFORE, BE IT RESOLVED, that Raymond Belding, Vincent Francese, James Preuss, Denise Macio, and Maureen Lucas are hereby appointed to the Town of Wappinger Ethics Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-087 RESOLUTION AUTHORIZING REFUND OF APPLICATION FEE FOR 13 SYLVIA DRIVE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, on or about January 5, 2004, Natale Bosaz paid Thirty -Five Dollars ($35.00) to the Town of Wappinger for an Electrical Permit for the property located at 56 Brothers Road; and WHEREAS, the Electrical Permit fee is Twenty Dollars ($20.00), and WHEREAS, Natale Bosaz has requested a refund in the amount of Fifteen dollars and 00/100 ($15.00). 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. Payment is approved in the amount of Fifteen Dollars and 00/100 ($15.00) made payable to Natale Bozaz, Account Number A22027, for the refund of the application fee for 13 Sylvia Drive. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Voting Aye Voting Aye Voting Aye 02/09/2004.WS Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-088 RESOLUTION AUTHORIZING REFUND OF APPLICATION FEE FOR 98 DIDDELL ROAD The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about December 31, 2003, James Catalano deposited One Hundred Fifty Dollars ($150.00) with the Town of Wappinger for a Building Permit for the property located at 98 Diddell Road. WHEREAS, James Catalano has requested a refund in the amount of One Hundred Fifty Dollars and 00/100 ($150.00). 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. Payment is approved in the amount of One Hundred Fifty Dollars and 00/100 ($150.00) made payable to James Catalano Account Number A22025, for the refund of the application fee for 98 Diddell Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-089 RESOLUTION APPOINTING CONSULTANT SERVICES FROM FREDERICK P. CLARK ASSOCIATES, INC. ON BEHALF OF THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, the Town Board is desirous of the use of zoning and planning consultant services from Frederick P. Clark Associates, Inc. on behalf of the Town Board of the Town of Wappinger, the Planning Board of the Town of Wappinger and the Zoning Board of Appeals of the Town of Wappinger. 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. E 02/09/2004.WS 2. The Town Supervisor, Joseph Ruggiero, is hereby authorized and directed to execute the letter agreement dated January 7, 2004, a copy of which is annexed hereto, with Frederick P. Clark Associates, Inc. with offices at 1350 Theodore Fremd Avenue, Rye, New York 10580, appointing same as Consultant to the Town of Wappinger and its various boards and departments for all land use, environmental, zoning and planning purposes as the Town of Wappinger and its various boards and departments may need for calendar year 2004. 3. The Schedule of Fees to be paid to Frederick P. Clark Associates, Inc. are set forth in the above -referenced letter dated January 7, 2004, a copy of which is annexed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-090 RESOLUTION AUTHORIZING AN ESCROW REFUND FOR BILL HORTON PART LOT 6 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about February 22, 2002, Andlyn Associates deposited Seven Thousand Dollars ($7,000.00) with the Town of Wappinger for a Site Plan Escrow for the property at Bill Horton Park, Lot 6; and WHEREAS, Andlyn Associates has requested a refund in the amount of Three Thousand, Eight Hundred, Twenty-six Dollars and 40/100 ($3,826.40). 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. Payment is approved in the amount of Three Thousand, Eight Hundred, Twenty-six Dollars and 40/100 ($3,826.40) made payable to Andlyn Associates, Account Number 02-3053, for the refund of the escrow deposited for Bill Horton Park, Lot 6. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye 10 02/09/2004.WS The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-091 RESOLUTION OF SUPPORT AND CONCURRENCE WITH EMPIRE ZONE PROVISION Councilman Valdati moved to table Resolution 2004-091 seconded by Councilwoman McCarthy and unanimously carried. RESOLUTION NO. 2004-092 RESOLUTION INTRODUCING LOCAL LAW NO. OF THE YEAR 2004, AMENDING CHAPTER 122 AND VARIOUS OTHER SECTIONS OF THE TOWN OF WAPPINGER CODE The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wished to amend Chapter 122 and other various section of the Town of Wappinger Code to reflect the schedule of fees charged by the Town for various permits, licenses and other activities regulated by the Town, and to increase and/or modify the calculated of some of the fees charged by the Town; and WHEREAS, this if 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). 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 hereby introduces for adoption Local Law No._ of 2004 in the form annexed hereto amending and modifying Chapter 122 of the Town of Wappinger Code, amending various sections of the Town code, and increasing and/or modifying the calculations of some of the fees charged by the Town. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2004 to be held at 11 02/09/2004.WS Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 8th day of March, 2004, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Aye Vincent Bettina, Councilman Vote Aye Maureen McCarthy, Councilwoman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-093 RESOLUTION TO EMPLOY ATTORNEY ON A CONTINGENCY BASIS TO RECOVER FOR DAMAGES RESULTING FROM GROUNDWATER CONTAMINATES The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, there have been petro -chemical (gasoline) spills on three (3) locations in the vicinity of the intersection of U.S. Route 9 and Old Hopewell Road; and WHEREAS, the groundwater in that vicinity has been contaminated by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and possibly other contaminants; and WHEREAS, traces of MTBE have been found in the water supply serving the Wappinger Park Water District; and WHEREAS, the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. have experience and demonstrate a proficiency in litigating claims and/or actions for damages in consequence of contamination of groundwater; and WHEREAS, the Town Board wishes to employ the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. to prosecute claims on behalf of the Town of Wappinger for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance with the attached Retainer 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 hereby elects to hire the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. to prosecute any and all claims deemed appropriate for damages caused by contamination of the Town's 12 02/09/2004.WS groundwater by MTBE, TBA and other pollutants in accordance with the attached Retainer Agreement submitted by Weitz & Luxenberg, P.C. and Baron & Budd., P.C. 3. Supervisor Joseph Ruggiero is hereby authorized by the Town Board to execute the Retainer Agreement by and on behalf of the Town Board. 4. The Town's professionals, specifically the Town Attorney, the Town Engineer and the Town Planner, are hereby authorized to cooperate with Weitz & Luxenberg, P.C. and Baron & Budd., P.C. and to provide them with all necessary information, evidence or assistance required by Weitz & Luxenberg, P.C. and Baron & Budd., P.C. deemed necessary to prosecute these claims. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-094 RESOLUTION APPOINTING PLANNING BOARD MEMBER The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town of Wappinger has conducted interviews for the purpose of appointing a member of the Planning Board, and WHEREAS, the Town Board of the Town of Wappinger has found Mary Passes to be the individual capable of performing the duties of a member of the Planning Board. NOW, THEREFORE, BE IT RESOLVED, that Mary Passes is hereby appointed as the Town of Wappinger Planning Board member. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Nay Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-095 RESOLUTION APPOINTING TOWN HISTORIAN The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. 13 02/09/2004.WS WHEREAS, the Town Board of the Town of Wappinger has found Janice Hilderbrand to be to individual capable of performing the duties of Town Historian. NOW, THEREFORE, BE IT RESOLVED, that Janice Hilderbrand is hereby appointed as Town of Wappinger Historian. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-096 RESOLUTION AUTHORIZING ATTENDANCE TO RECREATION CONFERENCE The following Resolution was introduce by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to authorize Skip Rottkamp, Recreation Director and Nancy City, Recreation Commission Member, to attend NYSR&P Annual Conference and Business Expo in Tarrytown, New York on April 25, 26, 27, and 28, 2004. NOW, THEREFORE, BE IT RESOLVED, that Skip Rottkamp, Recreation Director and Nancy City, Recreation Commission Member, are hereby authorized to attend NYSR&P Annual conference and Business Expo in Tarrytown, New York on April 25, 26, 27, and 28, 2004 at a cost not to exceed Two -Hundred, Thirty Seven Dollars ($237) per person for registration. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-097 RESOLUTION INTRODUCING LOCAL LAW INCREASING INCOME ELIGIBILITY FOR PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS The following resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, §221-12 of the Code of the Town of Wappinger currently grants a partial real property tax exemption on real property owned by disabled 14 02/09/2004.WS persons provided the owner's income is not greater than Twenty Eight Thousand, Nine Hundred Dollars ($28,900.00), pursuant to Real Property Tax Law §459-c; and WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature has increased the income eligibility at which municipalities may offer property tax relief to disabled persons; and WHEREAS, the Real Property Tax Law §459-c has been amended to provide for a higher maximum income eligibility level for a fifty percent (50%) exemption, specifically from Twenty One Thousand, Five Hundred Dollars ($21,500.00) to Twenty -Four Thousand Dollars ($24,000.00) and for additional partial exemptions depending on income, provided the owner's income is not greater than Thirty Two Thousand, Four Hundred Dollars ($32,400.00); and WHEREAS, 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 Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for adoption Local Law No._ of 2004 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 3. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2004 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 23rd day of February, 2004, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-98 15 02/09/2004.WS RESOLUTION APPOINTING ALBERT P. ROBERTS AS ATTORNEY TO THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board has heretofore appointed Albert P. Roberts as Attorney to the Town, to supply all legal services needed by the Town Board, the Planning Board and the Town's various administrative departments, including the prosecution and defense of any legal actions, lawsuits or other proceedings before any court or tribunal brought by or against the Town and as authorized by the Town Board; and WHEREAS, the Town and Albert P. Roberts have agreed on the fees to be paid to Albert P. Roberts as more particularly set forth in the attached retainer letter dated February 4, 2004; and WHEREAS, the appointment of legal counsel is exempt from competitive bidding otherwise required by General Municipal Law §103. 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 appointment of Albert P. Roberts of the firm Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, 1136 Route 9, Wappingers Falls, New York, as Attorney to the Town. 3. Albert P. Roberts, and the members of his firm, shall be paid in accordance with the Schedule of Fees set forth in letter dated February 4, 2004, attached hereto and made part hereof. 4. Supervisor Joseph Ruggiero is hereby authorized and directed to confirm the Retainer Arrangement set forth in Albert P. Roberts' letter of February 4, 2004. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted NEW BUSINESS 16 02/09/2004.WS Councilman Bettina spoke in regard to the letter he wished to have sent to Mr. Wyatt. Mr. Roberts answered that he sent the letter to Mr. Bettina, and the information that was supplied showed that there is no overlap. There are two different statutory requirements. There is no exemption in Fishkill. Councilman Paoloni had some issues on strip mining for the Zoning Administrator. He wished to know how we determine if the amount taken off the property is less 1,000 tons. Ms. Lukianoff answered that the town does not deal with strip mining. The use was permitted prior to the middle 90's but the town does not have an ordinance dealing with it. Since it's a DEC issue the DEC has been contacted and will send an inspector out once the weather breaks. Discussion followed There was no other business to come before the board Councilman Paoloni moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 9:45 p.m. 17 Glom se Toiw Cler