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2003-06-09 RGMMonday, June 9, 2003 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to the Flag Suspension of Rules for Public Comment on Agenda Items Discussions: Town Ambulance Service — Mobile Life Support Services Inc. Community Center — Jay Paggi and Don Swartz Commercial and Mixed Use Handbook — Dan Wery Executive Session: Personnel Matter Resolutions: 2003-158 Resolution Authorizing Morrison Water connection 2003-159. Resolution Authorizing Supervisor to Sign Joint Landfill Consent Order 2003-160 Resolution Authorizing 30 Day Extension for Wappinger Sewer Improvement Area No. 4 Award Bid 2003-162 Resolution Approving Recreation Salary Schedule 2003-163 Resolution Approving Town Board Summer Schedule 2003-164 Resolution Authorizing DiGennarro Application Fee Refund 2003-165 Resolution Authorizing Straub Escrow Refund 2003-166 Resolution Authorizing Supervisor to Execute a Supplemental Inter -municipal Agreement Regarding the Airport Landfill Closure Agreement 2003-167 Resolution Authorizing and Approving the Joint Landfill Access Agreement 2003-168 Resolution Adopting EAF Recycle Center Negative Declaration 2003-169 Resolution Appointing Recreation Commission Member 2003-170 Resolution Authorizing Recreation PO Request 2003-171 Resolution Appointing Recreation Commission Member 2003-172 Resolution Appointing Recreation Commission Member New Business/Comments Adjournment 06/09/2003.WS The Workshop Meeting of the Town of Wappinger was held on June 9, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:45 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman 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 Councilman Colsey moved to suspend the rules for public comment on agenda items, seconded by Councilman Bettina and unanimously carried Councilman Paoloni moved to reinstate the rules, seconded by Councilman Colsey and unanimously carried DISCUSSIONS: • Town Ambulance Service, Mobile Life Support Service, Inc. Andrew LaMarca, Director of Development and Dana Smith, Director of Project Development gave a presentation including a slide show highlighting the company and going over details about their services. If they received the contract, they would start out with three dedicated ambulances during the day and two during the night. If the volume of calls increased, additional units would be added to cover. Supervisor Ruggiero wished to know for what duration Mobile Life would be willing to sign a contract with the town. Mr. LaMarca responded their plan is flexible enough to have a one year with renewal option or multi year. NO ACTION TAKEN • Community Center, Jay Paggi & Don Swartz. Don distributed printouts of the proposed center and announced that at this point in time Jay Paggi's office contacted the DEC and had the wet lands delineated. Mr. Paggi's office also went out to survey the wet lands and made the notation on the maps distributed tonight and prepared a new scheme. Mr. Swartz went on to explain the layout of the building and parking areas that would be part of the site. Discussion followed. Mr. Swartz said the next step is to take this plan to the DEC to show them the changes. Commercial & Mixed Use Handbook, Dan Wery. Town Planner, Dan Wery explained that his office was authorized to prepare design guides in order to address some short comings in the Town's existing codes and regulations with respect to architectural review. There are standards, and the Planning 06/09/2003.WS Board is authorized to implement them. The present standards may sound good, but are extremely vague and difficult to interpret. This year they proposed to prepare design guidelines for the town that would provide very specific examples to help guide applicants substantiate requirements and recommendations as well as proactive recommendations. A copy of the draft was distributed to the Board members for input. Councilman Valdati moved to refer the draft to the Planning Board for their comments and recommendations, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2003-158 RESOLUTION AUTHORIZING 25 MOCCASIN VIEW ROAD TO CONNECT TO THE WATCH HILL WATER DISTRICT The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, David S. Morrison and Carmella M. Aglione are the owners of a residential structure located at 25 Moccasin View Road in the Town of Fishkill identified on the Town of Fishkill Tax Map as Tax Grid No. 06-6256-02-945771; and WHEREAS, Mr. Morrison states that he is experiencing numerous difficulties with his well with respect to both quality and quantity of the water; and WHEREAS, Mr. Morrison has made inquiries with the Town of Wappinger with respect to connecting into the Watch Hill Water District to remedy the difficulties he is experiencing with both the quality and quantity of the water; and WHEREAS, Michael P. Tremper of CAMO Pollution Control, Inc. reviewed both the location of Mr. Morrison's home and the nearby water main connecting to the Watch Hill Water District; and WHEREAS, it was determined that the run of lateral service which Mr. Morrison would need to install in order to provide water to his home was feasible and typical for any home within the Watch Hill Water District; and WHEREAS, Michael P. Tremper of CAMO Pollution Control, Inc. has found no difficulties with the proposed water source to be used to provide water to 25 Moccasin View Road. 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 residence located at 25 Moccasin View Road in the Town of Fishkill identified on the Town of Fishkill Tax Map as Tax Grid No. 06-6256-02- 945771 is hereby authorized to connect to the Watch Hill Water District, effective upon the Town of Wappinger's receipt of its standard Tenant Agreement and payment of fees set forth in said Agreement. 2 06/09/2003.WS 3. It is hereby confirmed that the residential structure is located on a parcel of property identified on the Town of Fishkill Tax Map as Tax Grid No. 06- 6256-02-945771 and that in the event of the failure of the owner(s) to pay the required tenant sewer user fees in a timely manner said fees will be relevied on the State, County and Town tax bills levied for this parcel in January of each year in accordance with law. 4. The owner(s) of 25 Moccasin View Road, a parcel identified on the Town of Fishkill Tax Map as Tax Grid No. 06-6256-02-945771, shall pay tenant fees equal to the yearly Benefit Assessment. 5. The Assessor to the Town is hereby directed to determine the number of benefit units to be assigned to the subject parcel in accordance with the benefit assessment formula established for the Watch Hill Water District. 6. This is effective once approved by the Town Board of the Town of Fishkill. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-159 RESOLUTION APPROVING AND CONSENTING TO THE TERMS CONTAINED IN AN ORDER ON CONSENT ISSUED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the City of Poughkeepsie, the Village of Wappingers Falls, the Town of Poughkeepsie, the Town of Wappinger and the Town of LaGrange (hereinafter referred to collectively as the PARTIES) have previously operated a Landfill at the Dutchess County Airport and previously known as the "Poughkeepsie-Wappinger Joint Landfill Project", hereinafter referenced to as the "Joint Landfill"; and WHEREAS, the PARTIES have operated the Joint Landfill pursuant to written Agreements dated January 19, 1970 and February 28, 1972 and supplemented by an Agreement which this Board has by separate Resolution approved and authorized (the "SUPPLEMENTAL AGREEMENT"), subject to approval of an Order on Consent from the New York State Department of Environmental Conservation ("NYSDEC"); and 3 06/09/2003.WS WHEREAS, pursuant to the various Agreements entered into by the PARTIES, the operations of the Joint Landfill have been managed by a Board of Governors consisting of the Mayors of the City of Poughkeepsie and Village of Wappingers Falls, the Supervisors of the Village of Poughkeepsie, the Town of Wappinger and LaGrange; and WHEREAS, in consequence of an on-site investigation of the Joint Landfill undertaken by representatives of the New York State Department of Environmental Conservation, Region 3 (hereinafter referred to as "DEC"), DEC determined that leachate from the Joint Landfill was being released into the adjacent Wappinger Creek; and WHEREAS, DEC has directed that the Joint Landfill be brought into compliance with various provisions of New York State Environmental Conservation Law and New York Codes, Rules and Regulations (6 NYCRR) and in consequence thereof has directed that the PARTIES to bring the Joint Landfill into compliance with Environmental Conservation Law and New York Codes, Rules and Regulations (6 NYCRR) in accordance with the terms and conditions set forth in a Order on Consent, a copy of which is attached hereto marked and designated Exhibit No. 1; and WHEREAS, the Town Board concurs with the terms and conditions set forth in the Order on Consent, and desires that the Joint Landfill Board of Governors authorize, approve and implement the Order on Consent. 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 of the Town of Wappinger hereby acknowledges that each of the individual Board Members have read the terms and conditions set forth in the Order on Consent attached hereto as Exhibit No. 1 and hereby approves said Order on Consent in the form annexed hereto, subject to any modification to the Schedule of Compliance contained in Schedule "A" therein as the same may be agreed upon by the attorneys for the PARTIES, and subject to and limited by the Town's proportionate share of liability of 14.1728% as set forth in the SUPPLEMENTAL AGREEMENT between the PARTIES. 3. The Town Supervisor, Joseph Ruggiero, as a member of Board of Governors of the Joint Landfill is hereby authorized to take all steps necessary to comply with the directives contained with the Order on Consent and to take all steps that are necessary on behalf of the Town and the Board of Governors to implement the corrective 4 JUN -03-2003 15:00 TOWN OF WAPPINGER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of the Violations of Article 17, Article 27, as indicated below, of the New York State Environmental Conservation Law, by: Respondents Joint Landfill Board of Governors and County of Dutchess, (Dutchess County) 914 297 4558 P.07i21 ORDER ON CONSENT FILE NO.: R3-20020628-75 I . The New York State Department of Environmental Conservation is responsible for the administration and enforcement of law and regulation pursuant to Article 17 and Article 27, of the New York State Environmental Conservation Law. 2. The Respondent Joint Landfill Board of Governors (the "Board"), which is comprised of representatives of the City of Poughkeepsie, Village of ?Wappingers Falls, Towns of LaGrange, Poughkeepsie and Wappinger, operated the Dutchess County Airport Landfill (the "Site"), located at 376 New Hackensack Road, Town of Wappinger, County of Dutchess, State of New York. 3. A violation of this Order by either Respondent will constitute a violation by both Respondents. Hereafter, the term "Respondent" refers to both the Board and the County of Dutchess, unless otherwise specified. 4. The Board operated a solid waste management facility consisting of a municipal solid waste landfill as defined in 6 NYCRR § 360-1.2(158). The Board constructed and operated the landfill on lands owned by the County of Dutchess pursuant to a lease agreement with the County, which has since expired. Dutchess County did not construct or operate the landfill. 5. On March 21, 2002 and April 5, 2002, the Department of Environmental Conservation documented violations of the Environmental Conservation Law ("ECL") and New York Codes Rule and Regulations ("6 NYCRR") at the landfill, and specifically states that the Board violated: (A) ECL § 7-0803, based on the Board's operation of a leachate collection system that discharges leachate into groundwaters of the State of New York without a JUN -03-2003 15:00 TOWN OF WAPPINGER 914 297 4558 P.08/21 SPDES permit. (B) 6 NYCRR § 360-1.14(b)(2), based on the Board's failure to minimize leachate generation and discharging leachate to the ground surface; several leachate seeps were observed at the Site. (C) 6 NYCRR § 703.2, based on the Board's violation of the narrative State Water Quality Standards for Wappinger Creek, a class B stream. The Respondent discharged leachate into the Wappinger Creek from the landfill causing an orange and a green -yellow discoloration at portions of the Creek. (D) 6 NYCRR § 360-1.14(e), based on the Board's failure to dispose of a few hundred waste tires that are exposed on the landfill. (E) 6 NYCRR § 360-1.14(0(1), based on the Board's failure to properly maintain the leachate collection system. (F) 6 NYCRR § 360-2.17(b)(2), based on the Board's failure to properly grade the landfill, thereby causing surface water ponding and closed depressions on the landfill. 6. The Board has submitted a Closure Investigation Report ("CIR") in accordance with Part 360-2.15(a), which was approved by the DEC. 7. Respondent has affirmatively waived the right to a public hearing in this matter in the manner provided by law and has consented to the entering and issuing of this Order, and agrees to be bound by the terms and conditions contained herein. NOW, having considered this matter and being duly advised, it is ORDERED that: I. SCHEDULE OF COA'IPLYANCE. Respondent shall strictly adhere to the terms and conditions specified in this Order and in Schedule A, the compliance schedule, which is attached hereto and made a part of this Order. II. A.PPRO'VAL& (a) Respondent shall obtain whatever permits, easements, rights of entry, approvals or authorizations as may be necessary to carry out their obligations under this Order, and as may be required as to any prospective undertakings that may affect the Site. This Order shall not relieve Respondent of the obligation to comply with any other laws, rules or regulations of the State of New York or any other governmental authority which are applicable to Respondent's activities, nor preclude or limit any enforcement action as may be authorized by law for non-compliance with such laws, rules or regulations. 2 JLIN-03-2003 (b) After the Department's receipt of any report, plan or other submittal made pursuant to the Schedule of Compliance which requires the Department's approval, the Department shall notify Respondent, in writing, of its approval or disapproval of each submittal. Any notice of disapproval issued by the Department shall state the reasons for the Department's disapproval. If the Department approves a submittal, Respondent shall implement it in accordance with the requirements of the Schedule of Compliance, as approved. If the Department disapproves a submittal. within thirty (30) days after Respondent receives written notice of disapproval, Respondent shall submit a revised submittal in accordance with the Department's objections. Respondent may seek clarification of any basis of the Department staffs disapproval. The Department shall not unreasonably disapprove any submission made under this Order and its Schedule of Compliance. After the receipt of Respondent's revised submittal, the Department shall notify Respondent, in writing, of its approval or disapproval. If the Department approves the revised submittal, Respondent shall implement it in accordance with the Schedule of Compliance and terms, as approved. If the Department disapproves the revised submittal, Respondent shall be in violation of this Order. (c) If the Respondent is awaiting a response from the Department for a minimum of 45 calendar days and provides written notice to the Department regarding its need for such response, the Department shall respond within fifteen (15) days of receipt of such notice with its approval or disapproval, in whole or in part. III. CrM PENALTIES. (a) PAYABLE PENALTY: In respect of the violations described in this order, a civil penalty in the amount of Twenty -Five Thousand Dollars ($25,000) is hereby assessed against Respondent, jointly and severally, all of which is suspended upon Respondent's compliance with this Order and the attached Schedule/of Compliance. (b) STIPULATED PENALTIESIt shall be a violation of this Order if the Respondent fails to complete the work identified in Schedule A within the time period provided. If such a violation occurs, the following stipulated penalties for such violation shall be due and payable: PERIOD OF NONCOMPLIANCE PENALTY PER DAY 1ST day through 301` day $100 31" day through 60'41 day $200 each day thereafter $300 (c) In the event that Respondent fails to pay any penalty due pursuant to Section III (a) and (b) by the date due, this Order together with a notice of noncompliance specifying the amount due may be filed and enforced by the Department as a civil judgment for the total penalty amount set forth in the notice of noncompliance, in the State of New York, without the need for any further proceedings whatsoever. (d) With regard to any penalty due pursuant to Section III (a) and (b) which is not paid by the specified due date, each Respondent shall be liable for and shall pay interest from the due date at the rate specified by section 3-a of the General Municipal Law for interest on a judgment. (e) Penalties shall not be imposed against the Respondent, in accordance with Section III (a) and (b), if Respondent's failure to meet such deadline is caused by matters which are beyond the control of Respondent, including all matters specified in Sections II(c) and V. IV. FULL SETTLEMENT, The Department shall not institute any action or proceedings or penalties or other relief for the violations described herein, so longus Respondent remains in compliance with this Order. Any failure by Respondent to comply fully with the terms of this Order may subject the Respondent to further enforcement action for the violations described above. Compliance with this Order shall not excuse and/or not be a defense to charges of any violations of the ECL or any regulation or permit issued thereunder, which may occur subsequent to the date of this Order. V. FORCE MAJEURE. Respondent shall not be in default of compliance with this Order on Consent to the extent that Respondent may be unable to comply with any provision of this Order on Consent because of the action of a national, state (excluding the DEC) or loyal government body (excluding Respondent), or court or administrative law judge or hewing officer, an act of God, war, strike, riot or catastrophe as to any of which the negligence or willful misconduct on the part of Respondent was not a proximate cause_ Respondent shall provide notice to the Department in writing immediately upon its becoming informed of such event, or as soon as reasonably possible thereafter, and Respondent may request a modification to this Order by the Department in accordance with the provisions of Section VI hereof. VI. AMENDMENTS. (a) This Order on Consent shall not be changed or modified except by an instrument in writing signed by duly authorized representatives of each of the parties. (b) If, for any reason, Respondent desires that any provision of this Order be changed, including modifications to any schedule appended hereto, Respondent shall make timely written application therefor to the Department setting forth reasonable grounds for the relief sought, together with supporting documentation, if any, tending to establish such grounds. Such request shall be made as soon as reasonably possible after Respondent learns of the grounds for such 0 relief. Where, as may be determined by DEC, a request for a modification is made in timely fashion and is properly supported and justified in light of all circumstances, including Respondent's compliance history and the potential environmental consequences of such modification, DEC agrees that such relief will not be unreasonably denied. The granting of a requested modification may be conditioned upon Respondent's acceptance of additional terms, such as payment of penalties and/or suspension, modification or curtailment of operation. (c) Nothing herein shall be deemed to limit in any way the Department's rights to modify, suspend or revoke pursuant to Part 621.14 of 6 NYCRR. VTI. ACCESS TO FACILITIES. For the purpose of insuring compliance with this Order on Consent, and with applicable provisions of the ECL and regulations promulgated thereunder, representatives of the Department shall be permitted access to all facilities (consistent with county airport rules and regulations and pertinent FAA regulations) subject to this Order on Consent and in accordance with the approved Post Closure Monitoring Maintenance Manual, and to all relevant records relating thereto during reasonable hours, in order to inspect and/or perform such tests as may be deemed appropriate to determine the status of Respondent's compliance. Dutchess County shall continue to provide the Board and the Department with reasonable access to the Site for the purpose of complying with the terms of this Order. VIII. NOTICES. (a) All notices of any nature forwarded to the Respondent with regard to this Order on Consent shall be in writing and sent by registered, certified, or overnight mail postage pre- paid, by regular mail, or by hand -delivery, to the respective addresses set forth below or to such other persons and addresses as the Respondent or the Department may designate in writing. To the Respondent: Joseph Davis Dutchess County Airport Joint Landfill Board Chairperson 1 Overocker Road Poughkeepsie, NY 12603 Carol A. Bogle Senior Assistant County Attorney Dutchess County Attorney 22 Market Street Poughkeepsie, NY 12601 with a copy to: Corporation. Counsel Town of Poughkeepsie 1 Overocker Road Poughkeepsie, NY 12603 Stephen Wing Assistant Corporation Counsel City of Poughkeepsie City Hall P.O. Box 300 Poughkeepsie, NY 12601 Joseph Ruggiero, Supervisor Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 To the Department: Andrew D. Lent, Engineering Geologist 11 DEC Division of Solid and Hazardous Material 200 White Plains Road, 5th Floor Tarrytown, New York 10591 with a copy to: l Regional Solid Waste Engineer NYSDEC 21 South Putt Corners Road New Paltz, New York 12561 (b) Notices sent solely by facsimile transmittal shall not be deemed to be adequate notice under this Section. The original document from which such facsimile transmittal originated must be forwarded by one of the methods listed in subsection (a), above, in order to qualify as adequate notice hereunder. IX. ENTIRE CONSENT ORDER. The provisions hereof shall constitute the complete and entire Consent Order between Respondent and the Department with respect to the subject matter thereof. No terms, conditions, understandings or agreements purporting to modify or vary the terms hereof shall be binding C -0 unless made in accordance with Section VI hereof. No informal advice, guidance, suggestions or comments by the Department regarding reports, proposals, plans, specifications, schedules or any other writing submitted by Respondent shall be construed as relieving Respondent of its obligations to obtain such formal approvals as may be required by this Consent Order. X. SUMMARY ABATEMENT. The terms of this Order shall not be construed to prohibit the Commissioner or her duly authorized representative from exercising any summary abatement powers, either at common law or as granted pursuant to statute or regulation. Xl. SUCCESSORS AND ASSIGNS. The provisions of this Order on Consent shall be deemed to bind Respondent, its officers, directors, agents, employees, contractors, successors and assigns, and all persons, firms and corporations acting under or for it, including, without limitation, any successor in title to the facilities mentioned herein or any interest therein. XII. EFFECTIVE DATE. The effective date of this Order is the date that the Commissioner or her designee signs it. The Department will provide Respondent (or the Respondent's counsel) with a fully executed copy of this Order as soon as practicable after the Commissioner or her designee signs it. XIII. AUTHORITY TO SIGN. The individual signatories of this Order represent that they have the authority to bind the respective parties by execution of this Order. This document has been reviewed by Region 3 Division of Legal Affairs and approved as to form. Vincent Altieri Regional Attorney Date: 7 DATED; , New York 2003 By: TO: Joseph Davis, Chairperson Joint Landfill Board -of Governors 1 Overocker Road Poughkeepsie, NY 12603 Jdavis ysnet.net Rich Olsen, Corporation Counsel Town of Poughkeepsie 1 Overoeker Road Poughkeepsie, NY 12603 Rolsrn .anccm com New York State Department of Environmental Conservation ERIN M. CROTTY, Commissioner MARC MORAN Regional Director Stephen Wing Assistant Corporation Counsel j City of Poughkeepsie City Hall P.O. Box 300 Poughkeepsie, NY 12601 Swing0.cit o pougbkepsie com Carol A. Bogle Senior Assistant County Attorney Dutchess County Attorney 22 Market Street Poughkeepsie, NY 12601 cbogle co.dutchess y.us 8 1 KMW—] 0 ' I i �M Respondent Joint Landfill Board of Governors acknowledges the authority and jurisdiction of the Commissioner of Environmental Conservation of the State of New York to issue the foregoing Order, waives public hearing or other proceedings in this matter, accepts the terms and conditions set forth in the Order and consents to the issuance thereof. STATE OF NEW YORK ) ss: COUNTY OF ) On this day of . in the year 200, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) as shown in the instrument, and that by his/hcr/thcir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. LI Respondent County of Dutehess acknowledges the authority and jurisdiction of the Commissioner of Environmental Conservation of the State of New York to issue the foregoing Order, waives public hearing or other proceedings in this matter, accepts the terms and conditions set forth in the Order and consents to the issuance thereof. STATE OF NEW YORK ) ss: COUNTY OF On this day of , in the year 200_.____,, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of sati!;factory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) as shown in the instrument, and that by his/her/their signatures) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. 10 Schedule A REMEDIATION / RESIORATION REOVIREWNI'S Within (30) days of The Board shall implement the August 2002 Interim Landfill the Execution of this Environmental Monitoring Plan (Interim EMP) in accordance with the Order: August 27, 2002 conditional approval letter until the Department approves the Post -Closure Monitoring and Maintenance Manual. A copy of the Interim EMP and the conditional approval letter are attached as Exhibit I. Within (45) days of The Board shall submit a Supplemental CIR Work Plan which the Execution of this satisfactorily address each of the issues listed in the CIR conceptual Order: approval letter dated April 10, 2003. A copy of the April l0'h letter is attached as Exhibit II. By December 31, The Board shall submit two (2) copies of a conceptually acceptable 2003: Landfill Closure Plan, which is subject to DEC approval in accordance with Section II (b) of the Order. The Closure Plan shall be in compliance with the applicable Part 360 regulations and include a plan to upgrade or decommission the leachate collection system. When approved, the Closure Plan shall be incorporated into this Schedule and Order as Exhibit B. By April 1, 2004: The Board shall submit two (2) copies of a conceptually acceptable Landfill Post -Closure Monitoring and Maintenance Manual in accordance with Part 360.2.15(i)(7), effective December 31, 1988. The Manual shall also contain County access procedures as to the site. The Manual is subject to DEC approval in accordance with Section 11(b) of the Order. The Manual shall be submitted as a stand-alone document, separate from the Closure Plan. When approved, the Manual shall be incorporated into this Schedule and Order as Exhibit III. 11 Within (457 days of Respondent shall begin installation of a landfill final cover system in DEC's approval of accordance with the DEC -approved Closure Plan, which is subject to DEC the Closure Plan: approval in accordance with Section II (b) of the Order. Installation of the landfill final cover system includes clearing the grubbing the area in preparation of future landfill closure construction activities. By December 31, Respondent shall complete installation of the landfill final cover system 2005: including placement of the vegetative layer seed mixture, or a mutually agreeable alternative. Such installation(s) shall be subject to DEC approval. By March 31,2006: Respondent shall submit two (2) copies of a Landfill Closure Certification Report providing the information listed in Part 360-2.15(d)(7), revised November 24, 1999, which is subject to DEC approval in accordance with Section II (b) of the Order. The Certification Report shall be signed and sealed by a licensed New York State professional engineer and shall be satisfactory to the Department. 12 06/09/2003.WS work required by said Consent Order and to execute said Order on Consent by and on behalf of the Town of Wappinger and by and on behalf of the Joint Landfill Board, and further authorizes the Joint Landfill Board to approve, execute, deliver and implement the Order on Consent, or cause the execution, delivery and implementation of the Order on Consent in substantially the same form and substance as annexed hereto, by and on behalf of the PARTIES. 4. This Resolution shall take effect upon the approval by all of the PARTIES and the County of Dutchess. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-160 RESOLUTION ACCEPTING A THIRTY DAY EXTENSION TO NENNI EQUIPMENT CORPORATION TO AWARD BID FOR THE WAPPINGER SEWER IMPROVEMENT AREA 4 PROJECT The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the advertisement for bids for Wappinger Sewer Improvement Area 4 project were published in the Southern Dutchess News and Poughkeepsie Journal newspapers on April 2, 2003; and WHEREAS, bids were opened on April 25, 2003 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Charles R. Del Bene, P.E. of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, requested an additional thirty days to award the Contract for the Wappinger Sewer Improvement Area 4 project; and WHEREAS, Nenni Equipment Corporation by letter dated May 20, 2003 to Charles Del Bene agreed to provide the Town of Wappinger an additional thirty day time extension on the awarding date for the Wappinger Sewer Improvement Area 4 project, which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 5 06/09/2003.WS 2. The Town of Wappinger hereby accepts Nenni Equipment Corporation's agreement to provide an additional thirty day time extension on the awarding date for the Wappinger Sewer Improvement Area 4 project. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-162 RESOLUTION AUTHORIZING 2003 SALARIES FOR SUMMER CAMP DIRECTORS, COUNSELORS & SWIM PERSONNEL The following resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town Board previously established salaries for Summer Camp Directors, Counselors an Swim Personnel for 2002, and WHEREAS, Supervisor to the town, Joseph Ruggiero, has submitted the salary proposal for Summer Camp Directors, Counselors an Swim Personnel for 2003; 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 salaries for Summer Camp Directors, counselors an Swim Personnel for 2003 are hereby adopted as follows: Proposed 2003 DIRECTORS* CPR/First Aid Certification 1St year $8.50 2nd year $8.75 3rd year $9.00 4th year $9.23 *All Directors are required to have CPR/First Aid. COUNSELORS No CPR/First Aid Certification 1St year $6.30 $6.10 2nd year $6.50 $6.30 3rd year $6.70 $6.50 4th year $6.90 $6.70 5th year $7.10 $6.90 LIFEGUARD DIRECTOR 1St year $13.95 2nd year $14.35 3rd year $14.75 4th year $15.20 5th year $15.65 C. 06/09/2003. W S LIFEGUARDS 1st year $8.50 2nd year $8.75 3rd year $9.00 4th year $9.80 5th year $10.10 All swim Personnel have to have CPR and Life Guard Certification. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-163 RESOLUTION AMENDING TOWN BOARD SCHEDULE OF MEETINGS The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2003; and WHEREAS, due to summer vacation schedules and other commitments, several of the Town Board Members have requested that the Schedule of Town Board Meetings for the months of July and August be amended. 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 Meetings scheduled for July 14, 2003 at 7:30 p.m., July 28, 2003 at 7:30 p.m., and August 11, 2003 at 7:30 p.m. are hereby cancelled. 3. Two (2) new Town Board Meetings are hereby scheduled for July 7, 2003 at 7:30 p.m. and August 18, 2003 at 7:30 p.m. at Town Hall. 4. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the August 18, 2003 Town Board Meeting. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. 7 06/09/2003.WS RESOLUTION NO. 2003-164 RESOLUTION AUTHORIZING DI GENNARO APPLICATION FEE REFUND The following resolution was introduced by Councilman Bettina an seconded by Councilman Paoloni. WHEREAS, ON OR ABOUT April 21, 2003, Mark Paolollo paid a building permit fee in the amount of Thirty -Five Dollars ($35) for the property located at 71 Sherwood Heights, Application Number A21151, and WHEREAS, the owner, Rosemary Digennaro has written a letter canceling the project and requesting the fee be returned to Mark Paolollo. 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 Thirty -Five Dollars ($35) made payable to Mark Paolollo of Diamond Construction, Application Number A21151, for the building permit fee refund for the property at 71 Sherwood Heights. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-165 RESOLUTION AUTHORIZING ESCROW REFUND FOR 7 ROBERTS ROAD The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, on or about July 1, 2002, Fred Straub deposited an escrow in the amount of Two thousand Dollars ($2,000) for the property located at 7 Roberts Road, Permit Number CO 01-552, for the purpose of seeding and grading, and WHEREAS, the escrow refund in the amount of Two Thousand Dollars ($2,000) has been recommended by Karl Seebruch, Building Inspector to the Town of Wappinger in a letter dated May 12, 2003 to the Town of Wappinger Town Board. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 0 06/09/2003.WS 2. Payment is approved in the amount of Two Thousand Dollars ($2,000) mad payable to Fred Straub, Permit Number CO 01-5525, for the escrow refund for the property at 7 Roberts Road. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye ,.. JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-166 RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE A SUPPLEMENTAL INTER -MUNICIPAL AGREEMENT REGARDING "THE AIRPORT LANDFILL CLOSURE PROJECT" The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the City of Poughkeepsie, the Village of Wappingers Falls, the Town of Poughkeepsie, the Town of Wappinger and the Town of LaGrange are responsible to determine and develop plans and specifications and otherwise supervise the work necessary to bring the Joint Landfill Project conducted at the Dutchess County Airport into compliance with the Landfill Closure Requirements of NYCRR Part 360; and WHEREAS, the Town Board of the Town of Wappinger has previously adopted a Resolution of Intent regarding the proposed issuance and sale of General Obligation Bonds to fulfill its obligations with respect to the Joint Landfill project; and WHEREAS, with respect to operation and conduct of the Joint Landfill Project, the City of Poughkeepsie, the Village of Wappingers Falls, the Town of Poughkeepsie and the Town of Wappinger have previously entered into an Agreement dated January 19, 1970 (exclusive of the Town of LaGrange), which Agreement was supplemented by a further Agreement dated February 28, 1972 (inclusive of the Town of LaGrange as well as the County of Dutchess); and WHEREAS, the aforementioned municipalities wish to restate and reconfirm their obligations to maintain the Joint Landfill and to undertake and complete any work required by a Consent Order to be issued by the New York State Department of Environmental Conservation, the terms of which had been accepted and approved by this body by separate Resolution. 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. 0 06/09/2003.WS 2. The Town Board hereby approves the Supplemental Inter -Municipal Agreement of "The Airport Landfill Closure Project" in the form attached hereto and hereby authorizes Town Supervisor Joseph Ruggiero to execute said Agreement by and on behalf of the Town of Wappinger. 3. This Resolution shall take effect upon the approval of by the Town Board of the Order on Consent to be issued by NYSDEC in the matter of the Airport Landfill Closure Project. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-167 RESOLUTION AUTHORIZING AND APPROVING THE JOINT LANDFILL ACCESS AGREEMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Poughkeepsie-Wappinger-LaGrange Joint Landfill Project (the "Project") is undertaking the upgrade of the closure of the Joint Municipal Landfill located on property owned by the County of Dutchess (the "County") on Route 376, Town of Wappinger (the "Joint Landfill"), in accordance with an Order on Consent from the New York State Department of Environmental Conservation (the "Work"); and WHEREAS, the County has proposed an access agreement which will be in effect until the completion of the Work, a true copy of which is presented to this meeting (the "Access Agreement"); and WHEREAS, it is the recommendation of the Project's Board of Governors that the City and Town of Poughkeepsie, the Towns of Wappinger and LaGrange, and the Village of Wappingers Falls authorize and approve the Access 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 of the Town of Wappinger hereby approves the Access Agreement. 10 SUPPLEMENTAL INTER -MUNICIPAL AGREEMENT THE AIRPORT LANDFILL CLOSURE PROJECT THIS AGREEMENT, made this _ day of , 2003 by and between the following municipalities, located in the County of Dutchess, State of New York: TOWN OF POUGHKEEPSIE, A Municipal Corporation, with offices located at One Overrocker Road, Poughkeepsie, New York 12601, hereinafter referred to as the "TOWN" and CITY OF POUGHKEEPSIE, A Municipal Corporation, with offices located at the Municipal Building, Civic Center Plaza, Poughkeepsie, New York 12602, hereinafter referred to as the "CITY" and TOWN OF WAPPINGER, A Municipal Corporation, with offices at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590, hereinafter referred to as "WAPPINGER" and VILLAGE OF WAPPINGERS FALLS, A Municipal Corporation, with offices located at Village Hall, 2628 South Avenue, Wappingers Falls, New York 12590, hereinafter referred to as the "VILLAGE" and TOWN OF LaGRANGE, A Municipal Corporation, with offices located at Town Hall, 102 Stringham Road, LaGrangeville, New York 12540, hereinafter referred to as "LaGRANGE", and May 16, 2003 the aforementioned municipal corporations are sometimes hereinafter referred to collectively as the "PARTIES" WHEREAS, the TOWN, the CITY, WAPPINGER, and the VILLAGE (not including LaGRANGE) originally entered into a written Agreement dated January 19, 1970 for the purpose of outlining the method of operation of a Joint Sanitary Landfill located at the Dutchess County Airport and for the further purpose of allocating the responsibilities of sharing the costs of operation of said landfill, a copy of said Agreement is attached hereto and made part hereof marked and designated as Exhibit No. 1; and WHEREAS, the operation of the landfill was known as the "Poughkeepsie- Wappinger Joint Landfill Project", hereinafter referred to as "JOINT LANDFILL"; and WHEREAS, the Agreement dated January 19, 1970 was supplemented by a further Agreement dated February 28, 1972 between all of the above PARTIES (including LaGrange) as well as the County of Dutchess, as the owner of the property upon which the landfill was maintained and operated by the PARTIES, a copy of said Agreement is attached hereto and made part hereof marked and designated as Exhibit No. 2; and WHEREAS, pursuant to the Agreement dated January 19, 1970, the operations of the JOINT LANDFILL have been managed by a Board of Governors consisting of the Mayors of the City of Poughkeepsie and Village of Wappingers Falls, and the Supervisors of the Towns of Poughkeepsie, Wappinger and LaGrange; and 0:\WAPPINGEVointLandfill\Agreement\2003.doc 2 WHEREAS, at a meeting of the Board of Governors held on April 8, 1976, the Board of Governors determined each municipality's proportionate share of the costs of operation and maintenance of the JOINT LANDFILL to be as follows: Municipality Town of Poughkeepsie City of Poughkeepsie Town of Wappinger Village of Wappingers Falls Town of LaGrange PercentaZe 42.4208% 30.1898% 14.1728% 3.7166% 9.5000% TOTAL: 100%; and WHEREAS, the various and on going costs of maintenance and operation of the JOINT LANDFILL have been continually apportioned to the PARTIES in accordance with the aforementioned percentages since that date; and WHEREAS, the JOINT LANDFILL ceased operation as a landfill on or about April of 1976 and was thereafter closed pursuant to a plan purportedly adopted in accordance with New York State "Closure Guidelines"; and WHEREAS, in consequence of an on-site investigation of the JOINT LANDFILL undertaken by representatives of New York State Department of Environmental Conservation, Region 3 (hereinafter referred to as "DEC"), DEC determined that leachate from the JOINT LANDFILL was being released into the adjacent Wappingers Creek; and WHEREAS, in consequence of said investigation by DEC, a meeting of the Board of Governors and various representatives of the PARTIES and DEC was convened O:\WAP PINGE\JointLandfi l l\Agreement\2003.doc at the Dutchess County Garden and Home Center in Millbrook, New York on April 11, 2001 to discuss the protocol for establishing further remediation measures at the JOINT LANDFILL site and to establish a protocol to bring the site into compliance with the requirements of NYCRR Part 360; and WHEREAS, in consequence of said meeting, the Board of Governors retained the services of the following three engineering firms: Chazen Engineering and Land Surveying Co. with an office located at 21 Fox Street, Poughkeepsie, New York 12601 and Morris Associates, LLC with an office located at 9 Elks Lane, Poughkeepsie, New York 12601 and Paggi, Martin & Del Bene, LLP with an office located at 54-56 Main Street, Poughkeepsie, New York 12601, hereinafter collectively referred to as the "ENGINEERS"; and WHEREAS, the scope of the contract with the aforementioned ENGINEERS is to investigate, determine and develop plans and specifications and otherwise supervise the work necessary to bring the JOINT LANDFILL in compliance with the terms and conditions in the Order on Consent to be issued by DEC and approved by the PARTIES, a copy of which is annexed hereto as Exhibit No. 3; and WHEREAS, each of the PARTIES adopted a Resolution of Intent regarding the proposed issuance and sale of general obligation bonds for the proposes of financing each municipality's proportionate share of the costs of the planning and construction of the closure of the JOINT LANDFILL, including pre -closure work, testing, site preparation, 0:\WAPPINGE\JointLandfill\Agreement\2003.doc 4 design and construction of the closure and leachate collection facilities to the extent any or all of such work is required by the Order on Consent; and WHEREAS, by execution of this Agreement, the PARTIES wish to restate and reconfirm their obligation to maintain the Joint Landfill and to undertake and complete the work required by the Order on Consent and to otherwise restate their mutual obligations to each other. NOW, THEREFORE, in consideration of the prior use, operation and maintenance of the Poughkeepsie-Wappinger Joint Landfill Project, the parties mutually hereby covenant and agree as follows: 1. RECITATIONS INCORPORATED. The recitations above set forth are incorporated in this Inter -Municipal Agreement as if fully set forth and adopted herein. 2. AUTHORITY. This Supplemental Agreement is made pursuant to Article 5-G of the General Municipal Law of the State of New York. 3. PURPOSE. The purpose of this Supplemental Agreement is to restate the mutual obligations which each of the PARTIES has with respect to the closure and maintenance of the joint sanitary landfill operation previously known as "Poughkeepsie- Wappinger Joint Landfill Project", to restate and reconfirm their obligation to undertake and complete the work required by the Order on Consent, and to otherwise restate the duties and obligations each of the PARTIES has to each other municipality, to the County of Dutchess and to the DEC. 4. PROJECT TITLE. The "Poughkeepsie-Wappinger Joint Landfill Project" shall be renamed and hereafter shall be known as "THE AIRPORT LANDFILL CLOSURE PROJECT", hereinafter referred to as the "PROJECT". 0:\WAPPINGE\JointLandfill\Agreement\2003.doc 5 TERM. This Agreement shall remain in effect for as long as is necessary to comply with the closure requirements for this PROJECT pursuant to the Order on Consent. 6. ADMINISTRATION. The management and responsibility for the administration of the operation of the PROJECT shall vest with a Board of Governors consisting of the Mayors of the City of Poughkeepsie and Village of Wappingers Falls, and the Supervisors of the Town of Wappinger, Town of Poughkeepsie and the Town of LaGrange, or their designees. The Board of Governors shall be authorized to appoint a Chairperson who shall preside at all meetings of the Board. The Members of the Board shall serve without compensation. The Board hereby adopts Robert's Rules of Order for the conduct if its affairs except where same are inconsistent with law. The Board may establish other rules and regulations for the operation, maintenance and administration of the PROJECT and for the hiring and discharge of professional consultants and employees, as the case may be. The Board shall meet at such time and at such frequencies as the Board shall determine from time to time hereafter. The meetings shall be subject to Article 7 of the Public Officers Law. The Board shall cause a yearly audit of the books and accounts of the PROJECT by an independent auditing firm. 7. APPORTIONMENT OF COSTS AND EXPENSES. The PARTIES hereto confirm and agree that the costs of operation and maintenance of the PROJECT shall be shared by the PARTIES in accordance with the following percentages: Municipality Percentage Town of Poughkeepsie 42.4208% City of Poughkeepsie 30.1898% 0:\WAPPINGE\JointLandfill\Agreement\2003.doc 6 Town of Wappinger 14.1728% Village of Wappingers Falls 3.7166% Town of LaGrange 9.5000% TOTAL: 100% 8. FINANCES. The Chief Fiscal Officer for this PROJECT shall be the Commissioner of Finance of the City of Poughkeepsie and all of the terms and conditions of Paragraph 7 of the Agreement dated January 19, 1970 shall remain in full force and effect. 9. CAPITAL EXPENITURES. Each of the PARTIES agrees to timely adopt any bonding resolutions or undertake any other measures necessary to finance its pro rata share of the costs of compliance with the Order on Consent. Each of the PARTIES agrees to contribute its pro rata share of costs in accordance with the percentages identified in Paragraph 6, above and each PARTY agrees to provide said funds to the appropriate account so as to comply with the Order on Consent. 10. FUTURE EXPENSES. Future expenses, whether for capital improvements or for ordinary maintenance, operation and upkeep for the PROJECT, which may be required from time to time by majority vote of the Board of Governors, shall be paid for by each of the PARTIES to this Supplemental Agreement in accordance with the percentage shares established in Paragraph 6 herein. 11. VENUE. The PARTIES hereto confirm and agree that in the event that disputes arise with respect to the operation of this PROJECT pursuant to the terms and provisions of this Agreement, that any such dispute shall be venued in the Supreme Court of Dutchess County. O:\WAPPINGE\JointLanditll\Agreement\2003.doc 7 12. MODIFICATION. This Supplemental Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by all parties upon authorization by a resolution duly adopted at a regular or special meeting of the governing Board of said municipality. 13. ENTIRE AGREEMENT. This written Supplemental Agreement, when signed by all PARTIES, forms the entire Agreement between the PARTIES and replaces and supersedes all prior oral agreements or understandings between the PARTIES. Except as amended or modified herein, the PARTIES ratify, confirm and re -adopt the agreements dated January 19, 1970 and February 28, 1972. 14. NOTICES. All notices, demands, requests, consents, approvals or other communications (for the purpose of this paragraph collectively called "Notices") required or permitted to be given pursuant to this Supplemental Agreement shall be in writing and shall be sent by fax and regular mail, postage prepaid, addressed as follows, or to such other address as such party shall have specified most recently by like Notice. Town of Poughkeepsie One Overrocker Road Poughkeepsie, New York 12601 Attention: Joseph E. Davis, Supervisor Facsimile: 485-3701 With a copy thereof to: McCabe & Mack, LLP 63 Washington Street P.O. Box 509 Poughkeepsie, New York 12602-0509 Attention: Richard Olsen, Esq. Facsimile: 486-7621 0:\WAPPINGEUointLandfill\Agreement\2003. doc City of Poughkeepsie The Municipal Building Civic Center Plaza Poughkeepsie, New York 12602 Attention: Colette Lafuente, Mayor, by James Marquette, City Administrator Facsimile: 451-4013 With a copy thereof to: Stephen J. Wing, Esq. Assistant Corporation Counsel c/o City Hall Municipal Building Poughkeepsie, New York 12601 Facsimile: 451-4065 Town of Wappinger Town Hall 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12590 Attention: Joseph Ruggiero, Supervisor Facsimile: 297-4558 With a copy thereof to: Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP 1136 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. Facsimile: 298-2842 Village of Wappingers Falls Village Hall 2628 South Avenue Wappingers Falls, New York 12590 Attention: Calvin Lawrence, Mayor Facsimile: 298-2645 0:\WAPPINGE\JointLandfil]\Agreement\2003.doc 9 With a copy thereof to: Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP 1136 Route 9 Wappingers Falls, New York 12590 Attention: Louis J. Viglotti, Esq. Facsimile: 298-2842 Town of LaGrange Town Hall 102 Stringham Road LaGrangeville, New York 12540 Attention: George Wade, III Facsimile: 452-2289 With a copy thereof to: Van DeWater & Van DeWater, LLP Mill and Garden Streets P.O. Box 112 Poughkeepsie, New York 12601 Attention: Ronald Blass, Esq. Facsimile: 452-5848 Notices given as provided above shall be deemed given on the date so mailed and faxed. 16. SUCCESSORS AND ASSIGNS. This Supplemental Agreement shall apply to and bind the successors and assigns of the PARTIES. 17. SCHEDULES. All schedules and exhibits annexed hereto shall be deemed to be and the same are hereby made a part hereof. 18. CONSTRUCTION: This Supplemental Agreement shall be governed by, and construed and enforced in accordance with, the law of the State of New York and without the aid of any canon, custom or rule of law requiring construction against the draftsman. 0:\WAPPINGE\lointLandfill\Agreement\2003.doc 10 IN WITNESS WHEREOF, the participating Municipalities have executed this Supplemental Agreement as of the date affixed next to the signature pursuant to resolution of its duly authorized officer. TOWN OF POUGHKEEPSIE Date: , 2003 By: Joseph E. Davis, Supervisor CITY OF POUGHKEEPSIE Date: .2003 By: Colette Lafuente, Mayor TOWN OF WAPPINGER Date: .2003 By: Joseph Ruggiero, Supervisor VILLAGE OF WAPPINGERS FALLS Date: , 2003 By: Calvin Lawrence, Mayor TOWN OF LaGRANGE By: George Wade, III, Supervisor 0AWAPPINGEVointLandfill\Agreement\2003.doe 11 Date: , 2003 AGREEMENT THIS AGREEMENT, made this of 2003, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, NY 12601 (hereinafter referred to as County) and the TOWN OF POUGHKEEPSIE, a municipal corporation, with offices at Town of Poughkeepsie Hall, 1 Overocker Road, Poughkeepsie, NY 12603, and the TOWN OF WAPPINGER, a municipal corporation, with offices at 20 Middlebush Road, Wappingers Falls, NY 12590, and the TOWN OF LAGRANGE, 120 Stringham Rd., LaGrangeville, NY 12540, and the CITY OF POUGHKEEPSIE, with offices at 62 Civic Center Plaza, Poughkeepsie, NY 12601, and the VILLAGE OF WAPPINGERS FALLS, with offices at 2628 South Avenue, Wappingers Falls, NY 12590, comprising the of the JOINT LANDFILL BOARD OF GOVERNORS (hereinafter referred to as Board). WITNESSETH.- WHEREAS, ITNESSETH: WHEREAS, the County is the owner of the Dutchess County Airport located in the Town of Wappinger, County of Dutchess, State of New York, and WHEREAS, the Supervisors of the Towns Poughkeepsie, Wappinger and LaGrange, the Mayors of the City of Poughkeepsie and the Village of Wappingers Falls comprise the Joint Landfill Board of Governors, and WHEREAS, the Board operated a municipal landfill at the Dutchess County Airport in the 1970s pursuant to a duly executed agreement entered into by all of the municipalities, which has since expired, and WHEREAS, there came a time that the landfill was closed due to Federal Aviation Regulations, and WHEREAS, the New York State Department of Environmental Conservation has determined that additional closure improvements are required due to the reasons set forth in Consent Order File # R3-20020628-75, and WHEREAS, the County and the Board will be entering into a Consent Order with the NYS Department of Environmental Conservation concerning the recent leachate releases, and WHEREAS, the County and the Board wish to memorialize their respective rights and obligations relating to the former municipal landfill and the Consent Order, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. The Board agrees to satisfy the terms and conditions of Consent Order, File # R3- 20020628-75. The County, in its capacity as the owner of the Dutchess County Airport site and a respondent agrees to comply with the consent order so that the Board can satisfy said terms and conditions in a timely manner. G-1094 2. It is understood that all activity at the former landfill site is subject to the rules and procedures of the D.C. Airport which must be complied with by all persons working at the site. See copies of Federal Aviation Administration Advisory Circulars dated August 26, 2000, July 5, 1996 and May 31, 1984 which are annexed hereto as Exhibit A. These Advisory Circulars concern the type of work that needs to be done at the site as specified in the Consent Order. The Board will include these Advisory Circulars in all of the bid documents that are issued for any and all of the work to be conducted at the Airport. If the type of work is modified in the future, then additional Advisory Circulars or other information will be provided to anyone working at the former landfill site. In addition, all persons working or visiting the site will be subject to the authority of the Airport Director. 3. At all times during the term of this Agreement, the Towns of Poughkeepsie, Wappinger and LaGrange, City of Poughkeepsie and Village of Wappingers Falls and all contractors hired by the Board, shall maintain at their own cost the following insurance and shall provide proof thereof to the County, in the form of a Certificate of Insurance, prior to commencing work under this Agreement: (a) Statutory Worker's Compensation coverage in compliance with the Compensation Law of the State of New York. In the event the statute does not require coverage of contractor, contractor must complete NYS Workers' Compensation/ Board Form C-105.21 and provide the County with a properly executed copy thereof. (b) General Liability Insurance coverage in the comprehensive or commercial general liability form including blanket contractual coverage for the operation of the program under this Agreement in the amount of $1,000,000.00 per occurrence. This insurance shall include coverage for bodily injury and property damage and shall be on an occurrence form with a waiver of subrogation. The County must be listed as additional insured. (c) Automobile liability insurance coverage for all owned, leased, or non -owned vehicles in the amount of $1,000,000.00 per occurrence. This insurance shall include coverage for bodily injury and property damage. (d) Professional Liability. The Contractor shall provide proof of such insurance with limits of $1,000,000.00 per occurrence; $3,000,000.00 in the aggregate. Professional Liability insurance is required for the engineering firms and similar type of funis. G-1094 Prior to cancellation or material change in any policy, a thirty (30) day notice shall be Qiven to the County Attorney at the address listed below: Dutchess County Attorney County Office Building 22 Market Street Poughkeepsie, New York 12601 On receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Contractor •► to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County. Failure of the Contractor to take out or to maintain, or the taking out or the maintenance of any required insurance, shall not relieve the Contractor from any liability under this Agreement nor shall the insurance requirements be construed to conflict with or to limit the obligations of the Contractor concerning indemnification. All losses of County property shall be adjusted with and made payable directly to the County. All Certificates of Insurance shall be approved by the County Director of Risk Management prior to commepcement of any work under this Agreement. All policies of insurance referred to above shall be underwritten by companies authorized to do business in the State of New York and acceptable to the County. In addition, every policy required above shall be primary insurance and any insurance carried by the County, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. Proof of additional insured coverage shall be evidenced through an additional insured endorsement provided by the insurance carrier. In the event that claims in excess of these amounts are filed in connection with this Agreement, the excess amount or any portion thereof may be withheld from payment due or to become due the Contractor until the Contractor furnishes such additional security as is determined necessary by the County. 4. The Towns of Poughkeepsie, Wappinger, Lagrange, City of Poughkeepsie and Village of Wappingers Falls shall indemnify and hold harmless the County against any and all liability for damages, costs, losses, expenses, fines, penalties resulting from, or arising out of, the work being undertaken by the Board or its agents pursuant to the Consent Order referred to in paragraph 1 of this agreement. G-1094 5. The Board will provide a written report to the County on the status of the additional closure improvements on or about January 1, April 1, July 1, and September 1 of each year. APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS County Attorney's Office i 6W 1 TOWN OF POUGHKEEPSIE BY: Print Name: Title: TOWN OF LAGRANGE BY: Print Name: Title: VILLAGE OF WAPPINGERS FALLS BY: Print Name: Title: G-1094 WILLIAM R. STEINHAUS County Executive TOWN OF WAPPINGER BY: Print Name: Title: CITY OF POUGHKEEPSIE BY: Print Name: Title: 06/09/2003.WS 3. Town Supervisor Joseph Ruggiero be, and he hereby is, authorized and empowered to execute the Access Agreement on behalf of the Town of Wappinger. 4. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-168 RESOLUTION ADOPTING NEGATIVE DECLARATION OF SIGNIFICANCE FOR CONSTRUCTION OF RECYCLE CENTER The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, as by Resolution adopted on My 12, 2003, the town Board authorized the issuance of up to $175,000.00 serial bonds for the town of Wappinger to pay part of the cost of the construction and equipping of the Recycle Center Project of and for the Town; WHEREAS, said Resolution contained a statement that the Town fully complied with the provisions of the State environmental Quality Review Act; WHEREAS, the Town had only conducted an environmental review in connection with the purchase of the property where the recycle center was to be located but did no undertake an environmental review for the construction and equipping of the recycle center; and WHEREAS, the Town Board has caused to be prepared a Full Environmental Assessment form in connection with the constructing and equipping of the Recycle Center Project in the form annexed hereto so as to comply with the requirements of the State Environmental Quality Review Act for the construction and equipping of the Recycle Center Project. 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 determines that the construction and equipping of the Recycle Center Project of and for the Town of Wappinger is a Type I action as defined by Local Law No. 6 of 1992 of the Town of Wappinger (but is an Unlisted Action as defined in 6NYCRR617). 3. The Town Board further determines that it is the only involved agency in the construction and equipping of the Recycle Center. 11 06/09/2003.W S 4. After reviewing the Full Environmental Assessment Form attached hereto, the Town Board determines that this project will not result in any large and important impacts, and therefore, is one which will not have a significant impact on the environment and therefore a Negative Declaration will be prepared and authorized the Supervisor, Joseph Ruggiero to sign the Negative Declaration in the form attached hereto. 5. The Town Board further determines that it would have adopted this Negative Determination of Significance on May 12, 2003 and its failure to do so on May 12, 2003 was an inadvertence. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-169 RESOLUTION APPOINTING RECREATION COMMISSION MEMBER VACANCYI The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Wappinger Town Board has conducted interviews for the purpose of appointing Recreation Commission members, and WHEREAS, the Town Board of the Town of Wappinger finds James Kennedy, to be capable of filing the vacancy on the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that James Kennedy is hereby appointed to the Town of Wappinger Recreation Commission. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-170 RESOLUTION TO AUTHORIZE PAYMENT FOR USE OF TRANSPORTATION FROM THE WAPPINGER CENTRAL SCHOOL DISTRICT The following resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. 12 611.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subiective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components. The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifyintg the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially -large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project:' art 1 Upon review of the information recorded on this E (Parts 1 andand ar if appropriate), an®Part 2 other ©Part 3 considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: Information, and r V7 L.fJ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. �rr *A Conditioned Negative Declaration is only valid for Unlisted Actions Town of Wappinger Recycle Center Wappinger Town Board Name of Action Name or Lead Agency Joseph Ruggiero Supervisor Print or -ype Name or ResPonsibie ;fficer in Lead Agency Title of Responsible Officer ipnawre ;r �3esconsibie Jfficar �n eaa Aaenc✓ IgnaLUre ur ?reparer i,if ;if ereni 'rOm iesDCnsic!e ')rflcen June 2, 2003 .vebsste mate page 1 of ?1 PART 1 --PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A'through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Town of Wappinger Recycle Center Location of Action (include Street Address, Municipality and County) Old Route.9 Name of Applicant/Sponsor Town of Wanninger Address P.O. Bog 324, 20 Middlebush Road City / PO Wappingers Falls State New York Zip Code 12590 Business Telephone (845) 297-2744 Name of Owner (if different) Same As Above Address city/ PC Business Telephone Description of Action: State Zip Code The project entails the construction of a recycling center by the Town of Wappinger on a 2.76 acre parcel of land located along Old Route 9 directly adjacent to the existing Town Highway Garage site. The recycle center will allow the Town's 25,000± residents (as well as commercial establishments) to drop off their recyclables including glass, plastics, metal, paper, and yard wastes. The center will house up to eleven (11) dumpsters within concrete bays, as well as two (2) covered dumpsters for paper recyclable There will be nineteen (19) parking stalls as well as paved ingress/egress facilities. The entire site will be fenced for protection, and the rear of the site will be fenced with privacy slats to screen the operation from an adjacent residential area. Page 2 of 21 Please Complete Each Question --Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ® Urban Industrial 1:1 Commercial F Residential (suburban) Rural (non -Farm) ® Forest Agriculture FX� Other Vacant Commercial 2. Total acreage of project area: 2 - 755 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0.45e�;res 0.455 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) 2.3Q res acres Roads, buildings and other paved surfaces 0.650 acres acres Other pnoicaze ype) Lawn 1.650 acres acres 3. What is predominant soil type(s) on project site? DWB: Dutchess—Cardigan complex, undulating, rocky a. Soil drainage: 7 Well drained — 40 % of site � Moderately well drained 60 % of site. 7 Poorly drained % of site b. If any agricultural land is involved, how many acres ofsail are classified within soil group 1 through 4 of the NYS Land Classification System? NSA acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? � Yes El No a. What is depth to bedrock 0'— 10' (in feet) 5. Approximate percentage of proposed project site with slopes: �0-1095 80 °o E10- 15% 5 °o F7 1590 or greater 15 o, is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes ��t No is project suostantiall_v continuous to a site listed on the Register or National Natural Landmarks? I ; Yes ®No 3. PJhat 's -he decth of the 'Nater :able? unknown (in Feet) s site !ccateo over i primary, prrnc,pai..)r sole source aquifer? i "Yes t„J No C. :O hunting, °isnine or :;hell rlsnino opportunities presently exist :n the project area? yes No Page 33 or 211 1 1'. Does broject site contain any species of plant or animal life that is identified as threatened or endangered? Yes No Accordlna to: 1dentifv each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ❑Yes No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? 17Yes P] No If yes, explain: 14. Does the present site include scenic views kncv,n to be important to the community? 1 Yes EJNo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 1 16. Lakes, ponds, wetland areas within or continuous to proiect area: 3- Size fin acres): N/A Page 4 (Di 21 1 7. Is the site served by existing public utilities? Yes 2 No a. If YES, does sufficient rapacity exist to allow connection?N/A ❑Yes r7 No b. If YES, will improvements be necessary to allow connection? N/A r7Yes No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? 0Yes ® No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and o NYCRR 817? MYes G1No 20. Has the site ever been used For the disposal of solid or hazardous wastes? Yes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 7.799 acres. b. Project acreage to be developed: 2.300 acres initially: 2.300 acres ultimately. c. Project acreage to remain undeveloped: 0.455 acres. d. Length of project, in miles: N A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A% F. Number of off-street parking spaces existing 0 proposed 19 a. Maximum vehicular trips generated per ho.0: 20-30* (upon completion of project)? h. If residential: Number and type of housing units: N/A 2 3 One Family Two Family Initially Ultimately ©No Unknown *This figure is an estimat. only, and will vary depeni ing on the popularity of the facility Multiple Family Condominium i. Dimensions (in feet) of largest proposed structure: 61 t height; 2't width; 2701± length. J. Linear feet of frontage along a public thoroughfare project will occupy is? 309.21 ft. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons/cubic yarns. Will disturbed areas be reclaimed LJYes r7No EIN/A a. If yes, for what intended purpose is the site beino reclaimeri? All non—paved areas disturbed during construction o t e propose Recycle Center Facility will be topsoil, seeded, and mulched to create lawn areas. o. will topsoil be stockpiled for reclamation? f7Yes FTNo .. `will _loner subsoil be stockpiled for rec,amation? F"! Yes U No y -pow Manu ;ores of vecetation (trees, shrubs, grouna covers l will be removed from site? 0* acres. *Installation of the proposed site fencing will require minimal clearing & grubbing. Page 5 of 21 5: Will any mature forest (over 1 CO years old) or other locally -important vegetation be removed by this project? Yes rM No G. If single phase project: Anticipated period of construction: 2 months, (including demolition) 7. If multi -phased: N/A a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? 17Yes r7No is B. Will blasting occur during construction? ❑ Yesng No 9. Number of jobs generated: during construction 10 ; after project is complete 0 —10 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? r7Yes ® No If yes, explain: 12. Is surface liquid 'waste disposal involved? 1: Yes ®No a. If yes, indicate type of waste (sewage, industrial, etc) and amount J.. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑ Yes EaNo Type 14. Will surface area of an existing water body increase or decrease by proposal? r7Yes I"No If yes, explain: 1 5. Is project or anv portion of project located in a 100 year flood plain? ®Yes ,EENo 16. 'Mill the project generate solid waste? lu `,'es MNo The project site will act as a recycle center and a. If yes, what is the amount per month'?(1g*tons transfer station for Town residents use. T yes, ivill an axiasgjj s�stddfi ljry be used? Yes No Li Resource f _;es, give name Recovery Agency (DCRRA.) location 7. �NIII anv ':vasres not to Into a 'ewaoe disposal system or into a sanitary landfill? r7Yes17 No *This figure is based on a total tonnage received for calendar year 2001 of 823.53 tons. This data was provided by the Town's hauling contractor. Page 6 of 21 e.' If yes, explain: 17, Will the project involve the disposal of solid waste? FYes ITNo There will be no onsite disposal of solid waste. a. If yes, what is the anticipated rate of"disposal? tons/month. b. If yes, what is the anticipated site lifery ears. 18. Will project use herbicides or pesticides? Oyes E]No Possible odors associates with 19. Will project routinely produce odors (more than one hour per day)? RR Yes 7No active mulch pile. 20. Will project produce operating noise exceeding the local ambient noise levels? F11yes ❑NOVehicluar traffic, truck traffic—loading and unloa 21, Will project result in an increase in energy use? F Yes 0 No ing dumpsters. If yes, indicate type(s) Energy use associated with vehicular and truck traffic. 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day 0 gallons/day. err 24, Does project involve Local, State or Federal funding? F71res 11 No If yes, explain: The Town of Wappinger has procured a grant from the New York State Department of Environmental Conservation under the Municipal Waste Reduction & Recycling (MWR&R) State Assistance Program in the amount of $81,900.00. 10 Lo- 25. Approvals Required: Type Submittal Date Land Acquisition Aug. 13, 1997 City, Town, Village Board Yes r7Nc Bond Resolution January, 2002 City, Town, Village Planning Board 7Yes ® No City, Town Zoning Board ® Yes ® No City, County Health Department ❑Yes No Other Local Agencies 0 Yes ® No i Other Regional Agencies ❑ Yes ® No State Agencies ElYes� No NYSDEC MWR&R Grant Approved June 3,2( Federal Agencies ❑ Yes ®No C. Zoning and Planning Information 1 . Does proposed action involve a piannina or zoning decision? MYes No ;if Yes, indicate decsion required: zoning amendment f 'oning variance i.__. New/revision of master :)Ian 17Subdivision ��� ite plan El Scecial use ?ermit .7,Resource management pian f7Cther Page (13 of 21 2. What is the =onina claccifirarinn(c) of the cifn? 3, 4. ,q Highway Business - - . .. r� iuvc!vN!!IV! !L !,! Ll It! sue it aeveiopea as permitted by the present zoning? 25% Building Coverage = 30,000 S.F.± at iG tho nrn 14 -s ..F «1.. N/A !A/hat is tho m .—.111-1. t--Llul Uw-!UN!!!C!!L U, Ult sue it aeveiopea as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? EjA Yes No 7. What are the predominant land use(s) and zoning classifications within a �/4 mile radius of proposed action? 'Town Highway Garage Site `Commerical (Highway Business) °Medium/High Density Attached Residential Housing 6 Is the proposed action compatible with aajeming/surrounding land uses with a 1.'4 mile? Yes I .he or000sed action is rhe subdivision of !and, hcw many 'lots are pr000sed? N/A i. What is ,he minimum lot size proposed? N/A Page 9 oi: 21 17No 10. Will proposed action require any authorization(s) for the Formation of sewer or water districts? 17 Yes la l No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ® Yes © No a. If yes, is existing capacity sufficient to handle projected demand? IE Yes 11 No The proposed improved recycle facilities will likely result in increased use by Town residents. 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes ❑ No a. If yes, is the existing road network adequate to handle the additional traffic. Yes No 1—It is likely that the improved recycle facilities will result in increased use. by Town residents. and thus additional traffic will hP vc.nnrn-nA D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I cerrity that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Wappinger Town Board Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 1 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. ! The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. ! The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. 6 b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact 'then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by j Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ❑ YES Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot []Yes F7No rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table ❑ M Yes N1:1o is less than 3 feet. • Construction of paved parking area for 1,000 or more E ❑ []Yes ❑No vehicles. Construction on land where bedrock is exposed or M ❑ r7Yes No generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or'(es �No nvoive more than one phase or stage. E7 M _xcavation for mining purposes that would remove 7 7 r7YesjNo more than 1 ,000 tons of natural material ii. e., rock or soil) per year. Page 11 of �'1 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ❑ ❑ []Yes ❑No • Construction in a designated tloodway. ❑ ❑ []Yes [:]No • Ctherimpacts: G@ ❑ Oyes BNo The project will result in 0.65 acres of pavement for roads, parking, dumpster storage, etc., as well as 1.65 acres of lawn area. 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ElNO ❑YES • Specific land forms: ❑Yes ❑ No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) IE N 0 ❑ YES Examples that would apply to column 2 • Deveiopabie area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will Proposed Action affect any non -protected existing or new body of water? M NO YES Examples Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • ether imDac;s: Page 12 of '_'1 0 ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ Yes ❑ Na ❑ ❑ ❑ Yes ❑ No ❑ ❑ Yes ❑ No ❑ ❑ ❑Yes []No ❑ ❑ aYes 0No ❑ ❑ ❑Yes ❑ No i 0 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO YES Examples Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system, • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day, • Proposed ,Action will likely cause siltation or other discharge into an existing body of water to the extent that there willbe an obvious visual zontrast to natural conditions, • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services, • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts; Paae 13 of ?1 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑Yes ❑ No ❑ ❑ ❑Yes © No ❑ ❑ ❑ Yes ❑ No Yes ❑ No ❑ ❑ Dyes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ® No ❑ ❑ ❑ Yes ❑ No ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ Dyes ❑ No A 0 o. Will Proposed Action alter drainage flow or patterns, or surface water runoff? 11 NO ®YES Examples that would apply to column 2 • Proposed Action would change flood water flows • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated fl cod wa y. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ® [--]yes ❑No ❑ ® Oyes ❑No ❑ ❑ Dyes ❑No ❑ ❑ ❑ Yes No The increase in impervious area due to site pavement will result in slightly increased stormwater runoff to the ezisting detention pond. Disturbed areas wil be promptly seeded and mulched to prevent soil erosion and control sediment. IRADArr1n Ago 7. Will Proposed Action affect air quality? ©NO ®YES Examples that would apply to column 2 • Proposed Action will induce 1,J00 or more vehicle trips in any ,given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour, • Emission rate of total contaminants will exceed 5 lbs, per hour or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land committed to industrial use. • Proposed Action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ M ❑Yes MN. ❑ ❑ ❑Yes [IN. ❑ The ❑ ❑Yes ❑No t n n.o, ,, - M,,, - The project will result in increased vehicular traffic. IMPA(—r OPd of AAITQ A- 3. Will Pro Dosed Action affect any threatened or endangered species? El NO ❑YES Examples that 'Nould apply to column 2 • Reauction of one or more species listed on the New York or eaerai list. using the site, over ar near the site. around cn the site. Page I4 of -1 ❑ ,❑Yes ❑No t 9. WIII f r s an lacy aneOL fruit-uueatenea or non - endangered species? ®NO ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. • r'lth cr im n�nlc• L_„J '4 u ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes © No �� •�+ v t e� d.,.11V0 IMPACT nN AC,PfrI Ii TI cont i nun o�cn 10, Will Proposed Action affect agriculturai land restiurces? [K . ❑ YES Exam pies that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 ❑ 1 2 3 ❑ Small to Potential Can Impact Be ❑ Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ❑ © ❑ Yes ❑ No • Application of pesticide or herbicide more than twice a year, ❑ ❑ ❑Yes ❑No other than for agricultural purposes. • Other impacts: M n nv„- 9. WIII f r s an lacy aneOL fruit-uueatenea or non - endangered species? ®NO ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. • r'lth cr im n�nlc• L_„J '4 u ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes © No �� •�+ v t e� d.,.11V0 IMPACT nN AC,PfrI Ii TI cont i nun o�cn 10, Will Proposed Action affect agriculturai land restiurces? [K . ❑ YES Exam pies that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 ❑ ❑ ❑Yes ❑ No ❑ ❑ ❑Yes ® No ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 1 2 3 17 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ❑ ❑ El Yes � No agricultural land management systems (e.g., subsurface drain ❑ ❑ ❑ Yes lines, outlet ditches, strip cropping); or create a need for such from or in sharp contrast to current surrounding land use measures (e.g. cause a farm field to drain poorly due to patterns, whether man-made or natural. increased runoff). • Proposed land uses, or project components visible to users of • Other impacts: El 11n Yes 1_ 1 Nn IMPACT ON AESTHETIC RESOURCES ® ❑ Yes ❑ No 17 11. Will Proposed Action affect aesthetic resources? (If necessary, use ❑ Yes ❑ No the Visual EAF Addendum in Section 617.20, Appendix 8.) ❑ No ❑NO ®YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different ❑ ❑ ❑ Yes ❑ No from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ 0 ❑ Yes ❑ No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Proiect components that will result in the elimination or ❑ ❑ ❑Yes 17 No sicnincant scr eening.cf scenic views known to be important to the area. / Other impacts: ® ❑ 'Yes r7.,, The project will allow .for a recycling operation within view o a rest en i area. To minimize hhe visual ac ail 8' high chain—link fence with privacy slats will be insta led to scree tk site. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? G3NO ❑YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Pro00sed Action will occur in an area designated as sensitive icr arcnaeolcgical sites on the NYS Site Inventory. Paye 16 of 21 1 ® ❑ Yes ❑ No 17 1•_J ❑ Yes ❑ No Yes ❑ No Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? am NO ❑ YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community n+hog �..,.,�,.+�• IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.1 a(g)? UNC ❑YES List the environmental characteristics that caused the designation of the CEA. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑ Yes M Nc ❑ 0 ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No 17 ❑ No M Yes L.__i^No Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ ❑Yes ❑ No err• Proposed Action will result in a reduction in the quantity of the ❑ ❑ []Yes ❑ No resource? • Proposed Action will result in a reduction in the quality of the ❑ ❑ []Yes ❑No resource? Proposed Action will impact the use, function, or enjoyment of the ❑ ❑ ❑Yes ❑No resource? Otherimoacts: ❑ ❑ ❑Yes ❑No Page 17 of 21 The project will likely result in increased vehicular traffic. Limitting hours of operation, as well as clearly defining traffic flow patterns will mitigate the impact omew IIVIYAI:I UN ENEXUY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ENO []YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the - use of any form of energy in the municipality. • Proposed Action will require ,he creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • rl}hcr i--tr —1— gnu vuvn mirnm. I 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ❑ NO EJYES Examples that 'Nould apply to column 2 Blasting within 1 ,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). P,oposed Acticn will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Prcposea Action will remove natural barriers that would act as a noise screen. Other ,m oacts: ❑ 1 2 3 ❑ Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project C;iange IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ❑ NO � YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ❑ ❑ ❑Yes ❑ No goods. • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑ No • Other impacts: ® ❑ loxes ❑ Nr, The project will likely result in increased vehicular traffic. Limitting hours of operation, as well as clearly defining traffic flow patterns will mitigate the impact omew IIVIYAI:I UN ENEXUY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ENO []YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the - use of any form of energy in the municipality. • Proposed Action will require ,he creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • rl}hcr i--tr —1— gnu vuvn mirnm. I 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ❑ NO EJYES Examples that 'Nould apply to column 2 Blasting within 1 ,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). P,oposed Acticn will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Prcposea Action will remove natural barriers that would act as a noise screen. Other ,m oacts: ❑ ❑ ❑Yes ❑ No ❑ ❑ [I Yes ❑ No ❑ M M... n M. ❑ ❑ ❑Yes ❑ No 5 ❑ EYes ❑ No ❑ EZYes ® No ❑ El Yes ❑ No ❑ ❑ "es ❑ No Increased traffic will result in an increase in th lent se lev s ig me s re$ will be rovided as indic ted unde It, �5 above. u'ihe onsi dcL7 e o eratlon may Produce objectionable odors, however, this will be miti by locating the pie as tar as pons a rpme minimum size by allllowing Town reap take the finished produc at no cost. t 1 0 IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ® NO ❑YES • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • r.th cr im —r•te- IMPACT ON GROWTH AND CHAWTER OF COMMUNrrY OR NEIGHBOR1d000 19. Will Proposed Action affect the character of the existing community? 11 NO ®YES Exam pies that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or goals. • Proposed Action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Develcoment will create a demand for additional community services i.e.g. scncois, police and fire, etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑Yes 1:1 No ❑ ❑ []Yes 1:1 No ❑ ❑ Dyes 1:1 No ❑ ❑ ❑Yes ❑ No ❑ ❑ E lyes ritil ❑ ® ❑Yes ❑ No ❑ ❑ [--]Yes ❑ No �-J ❑ ❑Yes ❑No ❑ ❑ Oyes ❑ No ❑ ❑ ❑Yes ❑ No ❑ ❑ ❑Yes ❑ No 1 Lo A 1 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future E Oyes 0 No projects. • Proposed Action will create or eliminate employment. Yes ❑ No • Other impacts: M .l_ M... M.,- The project will provide a community srevice at a level presently unavailable to Town residents (ie: increased access to and ability to recycle house and and wastes). 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? r] YES The Town has already received a limitted number of telephone calls from neighboring residents complaining about the increase in noise due to increased vehicular traffic, as well as the presence of odors due to the active mulch pile. If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. i —0 Page 21 of 21 06/09/2003.WS WHEREAS, the Recreation Committee of the Town of Wappinger requests authorization to use Wappinger Central School District Transportation during the Summer Playground Program an Swim Program NOW, THEREFORE, BE IT RESOLVED, that a purchase order is approved in the amount of Ten Thousand Dollars ($10,000), made payable to the Wappinger Central school District, from Recreation Account No. B-7310.4, for transportation services during the Summer Playground Program and Swim Program in accordance with the letter from Ralph J. Holt, Chairman of the Recreation Committee to the Town of Wappinger, to the Town Board Members dated May 23, 2003. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-171 RESOLUTION APPOINTING RECREATION COMMISSION MEMBER VACANCY I The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Wappinger Town Board has conducted interviews for the purpose of appointing Recreation Commission members, and WHEREAS, the Town Board of the Town of Wappinger finds Nancy Cito, to be capable of filing the vacancy on the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that Nancy Cito is hereby appointed to the Town of Wappinger Recreation Commission. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-172 RESOLUTION APPOINTING RECREATION COMMISSION MEMBER VACANCY The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. 13 06/09/2003.WS WHEREAS, the Wappinger Town Board has conducted interviews for the purpose of appointing Recreation Commission members, and WHEREAS, the Town Board of the Town of Wappinger finds Ronald Friedman, to be capable of filing the vacancy on the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that Ronald Friedman is hereby appointed to the Town of Wappinger Recreation Commission. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted At this time 9:15 p.m., Councilman Bettina moved to go into Executive Session to discuss a Personnel matter, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 9:54 p.m. with all board members in attendance. There was no action taken at Executive Session. Councilman Valdati moved to close the meeting, seconded by Councilman Colsey and unanimously carried.. The meeting adjourned at 9:55 p.m. Gloria J. se Town Cl 14