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2009-3032009-303 Resolution Authorizing Improvements Within the Rights -Of -Way of Town Roads in Coordination with the Dutchess County Rail Trail At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 28, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers 1.11.1102 II Christopher J. Colsey William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger has supported the construction and implementation of the Dutchess County Rail Trail; and WHEREAS, the County is initiating Stage 3 of the Rail Trail, which traverses the Town of Wappinger; and WHEREAS, the County, in a letter dated September 22, 2009, and provided to the Town Board in advance of the Town Board meeting, has request the authority to construct improvements within the Town of Wappinger rights -of way; and WHEREAS, the Town Highway Superintendent has reviewed the County request and accompanying documentation, entitled Dutchess Rail Trail -Stage 3, and does not object to the project and use of rights-of-way as proposed. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the County of Dutchess to construct improvements in respect to the proposed Dutchess County Rail Trail - Stage 3 within the rights-of-way of Town roads subject to the oversight of the Town Highway Superintendent. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 9/28/2009 The Resolution is hereby duly declared adopted. ac ga;;� HN C. MASTERSON, TOWN CLERK D September 22, 2009 Christopher Colsey Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Supervisor dace SEP 2 22009 Received RE: PIN 8760.25, DUTCHESS RAM TRAIL (STAGE 3) NYS ROUTE 82 TO NYS ROUTE 376 AND LAKE WALTON ROAD TO OLD MANCHESTER ROAD TOWNS OF EAST FISHKILL, WAPPINGER AND LAGRANGE DUTCHESS COUNTY Dutchess County Dear Supervisor Colsey: Public Works William R. Steinhaus Dutchess County has prepared final plans and specifications for the construction of County Executive Stage 3 of the Dutchess Rail Trail in the Towns of East Fishkill, Wappinger and Highway Systems LaGrange and submitted them to the New York State Department of Transportation Management (NYSDOT). Final approval and authorization to advertise the project is expected Divisions from NYSDOT shortly pending the resolution of a few outstanding comments. Charles E. Traver Commissioner County Superintendent NYSDOT's latest review comments included a request for documentation from the q of Highways appropriate municipalities allowing the improvements proposed as part of this Robert H. Balkind, P.E. project to be constructed within the right-of-way of Town highways. Although this Director of Highway office has continued to coordinate with the affected municipalities during the Construction & Maintenance various stages of development of the Rail Trail, official documentation from the Gregory V. Bentley, P.E. Towns granting permission to construct the portions of the rail trail within Town Director of Engineering highway right-of-way has not been previously requested. 626 Dutchess Turnpike Poughkeepsie New York Therefore, in order to satisfy NYSDOT, s comments and obtain authorization to 12603 proceed with advertisement for the construction of this project, please provide this H.C.M. Div. (845) 486-2900 office with written authorization allowing the improvements proposed as part of Fax (845) 486-2920 Stage 3 of the Dutchess Rail Trail within the Town highway right-of-way as Eng. Div. (845) 486-2925 Fax (845) 486-2940 depicted on the enclosed plans. If this authorization requires a resolution from the Town Board, then we respectfully request that a resolution be placed on the Town tics o Board's agenda for Monday's meeting. If a resolution is not required, then we request a letter from the appropriate town official. The improvements proposed a i within the Town highway right-of-way in Wappinger include: r Diddell Road — trail pavement, concrete pads, fencing, and associated signing and striping. http.\ \www.dutchessny.gov Christopher Colsey September 22, 2009 Page 2 of 2 • Maloney Road — bridge superstructure over roadway, trail access path pavement, and associated signing and striping. Thank you in advance for your prompt response to this request. If you have any questions regarding Stage 3 of the Rail Trail, please contact me of Joseph Kelley of this office at (845) 486-2925. Sincerely yours, Gregory V. Bentley, P.E. Director of Engineering by oseph E. Kelley, P.E. Assistant Director of Engineering jek c: Graham Foster, Highway Superintendent, Town of Wappinger (w/copy) Charles E. Traver, Commissioner of Public Works Carol Bogle, Senior Assistant County Attorney