1997-09-25
.
GERALD A. VERGILIS*
KENNETII M. STENGER
ALBERT P. ROBERTS
IRA A. PERGAMENT
ANTONIA T. LUCIA
JOAN F. GARRETT**
TIIOMAS R. DAVIS
CHRIS MULARADELIS
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914) 298-2000
FAX (914) 298-2842
LEGAL ASSISTANTS:
DALE O'DONNELL
AMY E. WOODARD
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(914) 452-1046
. ADMITI'ED TO PRACTICE
IN NY & FLA.
.. ADMITI'ED TO PRACTICE
IN NY & CONN.
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
September 25, 1997
Town Board, Town of Wappinger
20 Middlebush Road
Post Office Box 324
Wappingers Falls, New York 12590
RECEIVED
SEP 2 ~ 1997
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Attn: Hon. Constance O. Smith, Supervisor
Re: Greenway Proposal by Hank DiMarco
Our File No: 12951.0297
Dear Connie:
As directed by the Town Board, I have reviewed Hank DiMarco's request for a resolution
supporting a grant application under the Clean Water/Clean Air Bond Act for the Hudson River
Valley Greenway Projects. Based on the information supplied by Hank, the Bond Act provides
assistance towards the cost of any project, not to exceed 50% of the approved project's costs.
The literature indicates "cash, force account labor, real property, and donated professional
services, labor, equipment, supplies and materials can all be used as the applicant's share of
property costs. "
According to Hank, the application will be made by the Town of Wappinger, and that the
Town's share of the costs will be provided by "in kind" services. Hank did not have any written
confirmation that the "in kind" services would be provided at no cost, however, he did indicate
that he would provide a memorandum for Monday night's Board meeting.
Apparently, Hank met with Joe Ennesser of our Recreation Commission, and the two of them
worked up a budget for the project. A photocopy of this budget (the original was in pencil) is
attached and is identified as "Sample Budget Summary Form". I also attach a copy of the
Town Board, Town of Wappinger
Attn: Hon. Constance O. Smith, Supervisor
September 25, 1997
Page 2
budget used on the prior application, which was used as a guide in preparing the budget for the
present application.
Additionally, I contacted Tom Murphy's office, Supervisor of the Town of Poughkeepsie, and
his secretary kindly provided me with a copy of their internal memo and their proposed
Resolution. A copy of the memo and Poughkeepsie's Resolution are attached for reference only.
According to Hank, this Resolution is not correct because the application is not being made by
the Wappinger Greenway Trail Committee but rather by the Town of Wappinger. Hank said
he would have this resolved by Monday. In preparation for Monday evening's Board meeting,
I attach a copy of a proposed Resolution. I will have to rely on Hank to provide a further
memorandum as to the details of the "in kind" services.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
ALB T P. ROBERTS
APR/jwm
Enclosures
pc: Hon. Robert Valdati, Councilman (sent to home address - w/enclosures)
Hon. June Visconti, Councilwoman (sent to home address - w/enclosures)
Hon. Joseph Ruggiero, Councilman (sent to home address - w/enclosures)
Hon. Vincent Bettina, Councilman (sent to home address - w/enclosures)
Hon. Elaine Snowden, Town Clerk (w/enclosures)
Mr. Hank DiMarco (with draft resolution only)
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Sample Budget Summary Form
Catego
Pre-Development $
(15%--see page II)
Funds
Re uested
Applicant Share/Source
see age 12
$ iLabor $
!Cash
:In-Kind
Design
Other
Construction
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Sample Documents
A. . Sample Resolution .
All applicants are required to pass a resolution at an official meeting of its governing body and attach
it to this application. Actual resolution language should reflect the organization's name as recorded in
incorporation documents. Language choices are provided for the not-for-profit corporation or
municipality, respectively. Th~ applicant should ,use the organization's official stationery .and affix
. its official seal. ' '.
I, ,(the duly elected.and qualified secretary) OR (the duly qualified and acting Oerk) of
the (Organization Title) of (place) , New York, corporation subject to the Not-for-Profit
Corporation Law of New York State and qualified for tax exempt status under the federal internal
revenue code) OR (of the (Municipality) , New York), do hereby certify that the following
resolution was adopted at a (regular) (special) meeting of the (governing body) held on (date),
. and is (incorporated in the original minutes of said meeting) OR (on file and of record), and that said
resolution has not been altered, amended or revoked and is in full force and effect.
. RESOLVED:
That (name) , as (title) of (organizationtitle)/ (municipality) is hereby authorized and
directed to file an application for funds from the Hudson River Valley Gree~w~ in accordance with
the'E~ovisions o~I~~~ 3 of the Oean Water/Oean Air Bond Act and/odhe Hudson River Valley';
~reenwaYAd-~cle 44, J;:llvironmental 'Cc>I\5ery~jj.QnJ.a.w) in an amo~tnol'tcfexc:eea'-$tgrant '~Q r:. 0 IC. "(c4 '" I
requesnrIfiOiiii"t), ana-upon approval of said request to enter into and execute a project agreement wi~ ."'1 V ftl ~w II
the Hudson River Valley Greenway for such finandal assistance to this organization/municipality for A~' II, 11"i' ,
(grant project name.) lop V ro
Da~ /
Print Name Print Name
(Signature of Secretary) (Signature of Oerk)
Seal of Organization Seal of Municipality
B. Sample Municipal Endorsement _ Required by not-for-profit corporations
WHEREAS, the (not-for-profit name) is applying to the Hudson River Valley Greenway for a grant
under the Oean Water/Clean Air Bond Act and/or the Hudson-River Valley Greenway Act (ECL,
Article 44,) for a project to be located in . a site located within the territorial jurisdiction
of this (Board, Councilor Legislature); and
WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must
obtain the "approval/endorsement of the governing body of the municipality in which the project will
be located";
NOW, THEREFORE, be it resolved that the (Board, Council or Legislature) of (municipality) hereby
does approve and endorse the applicaiton of (Not-for-Profit) for a grant under the Oean
Water/OeanAirbond Act and/or the Hudson River Valley Greenway Act, for a project known as
(project name) and located within this community.
Date of Adoption
Certification of Oerk
Signature
Printed Name
Title
14
({J[tta:JE- of CWappin:JE-7.~ 9atf~
INCORPORATED 1871
OFFICE OF
2 SOUTH AVENUE, DUTCHESS COUNTY, WAPPINGERS FALLS, N.Y. 12590
TELEPHONE: 914-297-8773
FAX: 914-298-2645
RESOIDTION
(:'-<Lk"'tJ 1'" / tAJ
I, ten n Lowney, Clerk of the 'Village of Wappingers ~, New York, do hereby
certify that the fOllowing resolution was adopted at a special meeting of the
Village Board of Trustees held the 24th day of September, 1997, and is on file
and of record, and that said resolution has not been altered, amended or revok-
ed and is in full force and effect.
C\.;~1",1 Vl...(.., S '1:!A,1.-V-
RESOLVED, that Rill""",",~.r BP 1 Qii:Rg, aE HilYo.lr@~~i-r.l:age of wappingerr
Falla, DT ~., is hereby authorized and directed to file an application for
funds frcm the Hudson River Valley Greenway in accordance with the prov-
isions of Title 3 of the Clean Water/Clean Air Bond Act and/or the Hudson
River Valley Greenway Act (Article 44, Environmental Conservation Law) in
an amount not to exceed the designated grant arrount'f and upon approval of
said request to enter into and execute a project agreenent with the Hudson
River Valley Greenway for such financial assistance to this municipality
for the Wappinger Greenway Trail. G -" S \::t '.' ~
* $lO~,-4.J(}. .J/~ -'I- ,.f ,~..... ..
Z? r~~I'it~() T~T..... V'
Dated: September 21, 1991
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. wwney
Vi l' ilgC Clt:Lk
"HUDSON V ALLEY QUALITY COMMUNITY"
(}Affafjt: of CWappinfjt:7.~ 9af{~
INc:ORPORATED 1871
OFFICE OF
2 SOUTH AVENUE, DUTCHESS COUNTY, WAPPINGERS FALLS, N.Y. 12590
TELEPHONE: 914-297-8773
FAX: 914-298-2645
RESOWTION
I, Leo D. IDwney, Clerk of the Village of Wappingers Falls, New York, do hereby
certify that the fOllowing resolution was adopted at a special meeting of the
Village Board of Trustees held the 24th day of September, 1997, and is on file
and of record, and that said resolution has not been altered, amended or revok-
ed and is in full force and effect.
RESOLVED, that Rayrrond J. Belding, as ;Ilayor of L'le Village of Wappingers
Falls, N.Y., is hereby authorized and directed to file an application for
funds fran the Hudson River Valley Greemvay in accordance with the prov-
isions of Title 3 of the Clean Water/Clean Air Bond Act and/or the Hudson
River Valley Green\vay Act (Article 44, Environmental Conservation Law) in
ail amount not to exceed the designated grant arrountj and ufOn approval of
said request to enter into and execute a project agreement with the Hudson
River Valley Greenway for such financial assistance to this municipality
for the 1ivappinger Greenway Trail.
.'
* $108,450.
--
Dated: September 24, 1997
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Village Clerk
"HUDSON VALLEY QUALITY COMMUNITY"
TOWN OF WAPPINGER
TOWN CLERK
E~INE H. SNOWDE'J
(914) 297-5771
Si..;P~:::',ISC:::
::NS7 MICE: SMI"',..
TOWN COUNC:L
VINCENT BETTINA
';OSE?H RUGGiERO
ROBERT '... VALDATi
JUNE A. VISCONTI
'.- .
TOWN CLERK'S OFFICE
20 MIDDLE3USH ROAD
p.o, BOX 324
WApC!NGERS FALLS, NY 12590-0324
RESOLUTION
I, Elaine H. Snowden, Clerk of the Town of Wappinger, vVappingers
Falls, New York, do hereby certify that the following resolution was
adopted at a Special Meeting of the Town Board held the 29th day of
September, 1997, and is on file and of record, and that said resolution
has not been altered, amended or revoked and is in full force and
effect.
RESOLv~D, that Constance O. Smith, Supervisor of the Town of
vVappinger, vVappingers Falls, New York. is hereby authorized and
directed to file an application for funds from the Hudson River
Greenway in accordance with the provisions of Title 3 of the Clean
\-Vater/Clean Air Bond Act and/or the Hudson River Valley Greenway
_-\.ct C_-\.rticle 44, Environmental Conservation Law) in an amount not to
exceed the designated grant amount of $108,450.00 and upon approval
of said request to enter into and execute a project agreement with the
Hudson River Valley Greenway for such financial assistance to this
municipality of the Wappinger Greenway Trail.
Town of W. appinger
$ 6,250.00
Total for Town and Village
$108,450.00
~: September 29, 1997
EJ I ''-''
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Elaine H. Snowden
Town Clerk
TOWN OF WAPPINGER
TOWN C~eRK
Si...,O=='..:sc.::
C2NS7 ,l./~C;::: SMITf-o
E..AINE H. SNOWDEN
1914) 297-5771
TOWN COUNC:L
VINCENT BETTiNA
JOSE?!-i RUGGiERO
ROBE::lT ~. VALOATI
JUNE A. ViSCONTI
. . ~ ..
TOWN CLERK'S OFFICE
20 MIDOLE3USH ROAD
PO. BOX 324
WApC!NGERS FALLS. N.Y. 12590-0324
RESOLUTION
I, Elaine H. Snowden, Clerk of the Town of Wappinger, 'vVappingers
Falls, New York, do hereby certify that the following resolution was
adopted at a SpeciallVleeting of the Town Board held the 29th day of
September, 1997, and is on file and of record, and that said resolution
has not been altered, amended. or revoked and is in full force and
effect.
RESOLv"ED, that Constance O. Smith, Supervisor of the Town of
'vVappinger, 'vVappingers Falls, New York. is hereby authorized and
directed to file an application for funds from the Hudson River
Greenway in accordance with the provisions of Title 3 of the Clean
\-Vater/Clean Air Bond Act and/or the Hudson River Yalley Greenway
Act (_-u-ticle 44. Environmental Conservation Law) in an amount not to
exceed the designated grant amount of $108,450.00 and upon approval
of said request to enter into and execute a project agreement with the
Hudson River Valley Greenway for such financial assistance to this
municipality of the vVappinger Greenway Trail.
Town of Wappinger
$ 6,250.00
Total for Town and Village
$108,450.00
~: September 29, 1997
~~/ (\ Y'
CtCUClQ ~'0,tlJ\'~~ai,
Elaine H. Snowden
Town Clerk
,..1'
TOWN OF WAPPINGER
TOWN CLERK
ELAINE H. SNOWDEN
(914) 297-5771
SUPERVISOR
CONSTANCE 0 SMITH
TOWN COUNCIL
VINCENT BETTINA
JOSEPH RUGGIERO
ROBERT L. VALDATI
JUNE A. VISCONTI
TOWN CLERK'S OFFICE
20 MIDDLE BUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. N.Y. 12590-0324
RESOLUTION
I, Elaine H. Snowden, Clerk of the Town of Wappinger, Wappingers
Falls, New York, do hereby certify that the following resolution was
adopted at a Special Meeting of the Town Board held the 29th day of
September, 1997, and is on file and of record, and that said resolution
has not been altered, amended. or revoked and is in full force and
effect.
RESOLVED, that Constance O. Smith, Supervisor of the Town of
Wappinger, Wappingers Falls, New York, is hereby authorized and
directed to file an application for funds from the Hudson River
Greenway in accordance with the provisions of Title 3 of the Clean
Water/Clean Air Bond Act and/or the Hudson River Valley Greenway
Act (Article 44, Environmental Conservation Law) in an amount not to
exceed the designated grant amount of $108,450.00 and upon approval
of said request to enter into and execute a project agreement with the
Hudson River Valley Greenway for such financial assistance to this
municipality of the Wappinger Greenway Trail.
Town of Wappinger
$ 6,250.00
Total for Town and Village
$108,450.00
~: September 29, 1997
~yl I\\~
C\rut~Q ~~.tltW&n"
Elaine H. Snowden
Town Clerk
Budget
r
Taskl Item
Cost ~!:::;fima{,t
------...--.--, ........
trdil mar . .
desIgn
. . J7Xl-- sQ..~ --
purchase
ll<ul cad InterpretIve :iig.n
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,'lS00
500
$2000
$ 2,500
2,:)00
:~f7()1l KQ0',
,
Totul Budget
.$14-,'700
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Conscrvanc
Greenway Conservancy
Grant
(j~cenway Con~ervancy ~ WtJD ~l
Grant - . . - /PU9 J;U..6'&
in-kindlvoluntc.crs
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Pre-Development
(15%--see page 11)
Design
Other
Construction
Equipment Rental
Production
Administration
Other
Total
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Funds
Re uested
:$ \ L--....' ~'._ : ......t.......
Sample Budget Summary Form
Other Project Funds/Sources
(Note: Federal and State funds may
contribute to the project, but NOT as the
applicant's match.)
[Foundation X
Applicant Share/Source
see page 12
$ (Labor
(Cash
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s (;) D,ft/l~uc-. II'Jiu
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FROM : TWN POK LGL/SUP
PHONE NO. :
Sep. 24 1997 02:18PM P2
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RECREATION AND PARKS DEPARTMENT
, Overocker Road
Poughkeepsie. New York 12603
Phone (914) 485-3628
Fax (914) 485.8583
Edward Philipp
Recreation Director
Memo
TO:
Thomas Mnrphy, Supervisor
FROM:
Edward Philipp, Recreation Director
DATE:
September 24, 1997
RE:
Wappinger Greenway Trail
~
Please find attached maps of the Wappinger and New Hamburg Greenway Trails. You
will see that roughly half of the Wappinger Trail lies within the Town of Poughkeepsie.
The Wappinger Greenway Committee is asking for a resolution of support in order to
apply for a Greenway Grant. The To'Wll of Poughkeepsie will not have to spend any
money on this project.
Portions of the Poughkeepsie side of the trail are already constructed and with the grant
money more of the New Hamburg portion will be constructed.
If you need more infonnation please contact me.
FROM : TWN POK LGL/SUP
.j
PHONE NO.
Sep. 24 1997 02:19PM P3
RESOLUTION 9:24 - # UC 4 OF 1997
fi[ F (b
~ t . ~ ic[/P r
WHEREAS, the Wappingers Greenway Trail Conunittce is applying to the
Hudson River Valley Greenway for a grant under the Clean Water/Clean Air Bond Act
and/or the Hudson River Valley Greenway Act (ECL, Article 44), for a project to be
located partially in the Town of Poughkeepsie, a site located within the territorial
jw'isdiction of this Town Board; and
WHEREAS, as a requirement under the rules of these programs, said not-for-
profit corporation must obtain the "approval/endorsement of the goveming body of the
municipality in which the project will be located", now, therefore
BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie hereby
does approve and endorse the application of the Wappingers Greenway Trail Committee
for a grant under the Clean WaterlCleanAir Bond Act and/or the Hudson River Valley
\
Greenway Act, for a project known as the Wappingers Greenway Trail, and located
partially within this community.
.Dated:
Moved By:
Seconded By:
Ayes
Nays
mlm
r\se\grenwy
t-9/24/97
m-9/24/97
Draft # 1 - September 25, 1997
RESOLUTION
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 the_
day of September, 1997, at 7:30 p.m.
The meeting was called to order by Constance O. Smith, Supervisor, and upon roll being
called, the following were:
PRESENT: Supervisor
Constance O. Smith
Councilpersons
Robert L. Valdati
June A. Visconti
Joseph Ruggiero
V incent Bettina
ABSENT:
The following resolution was moved by Councilperson
and seconded
by Councilperson
WHEREAS, the Town of Wappinger endorses and supports the Wappinger Greenway
Trail; and
0: \common \ wappinger\resoltns\greenway.l
. .
WHEREAS, the Town of Wappinger, Village of Wappingers Falls, Town of
Poughkeepsie, Wappingers Falls Business and Professional Association, Community Services
Programs, Inc., Market Street Industrial Park, many individual local businesses, business
organizations, individuals and non-profit groups have been working cooperatively to establish
a Wappinger Greenway Trail linking local historic, cultural, recreational and economic resources
of regional and statewide importance; and
WHEREAS, over the past three (3) years, members of the local Greenway committee
have identified approximately 7.5 miles of on and off road trails encircling lower Wappingers
Creek and Wappingers Lake as in a "figure 8" shape with an additional loop connecting Reese
Park and neighborhood along Route 9D; and
WHEREAS, this unique trail ties together local parks, business districts, recreational
amenities, historic resources, and even a 19th century industrial facility that has undergone
adaptive reuse, and will also link the Audobon Park and connect it to the New Hamburg Trail
and train station and Hudson River; and
WHEREAS, the Trail is an essential component of the Hudson River Valley Greenway
Trail linking New York City and Troy and it is envisioned to serve a multitude of purposes
wholly consistent with the Hudson River Valley Greenway principles: to provide public access;
recreational opportunities; spur economic development and tourism; project natural and cultural
resources; and provide for heritage and environmental education;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Constance O. Smith, as Supervisor of the Town of Wappinger, is hereby
authorized and directed to file an application for funds from the Hudson Valley Greenway in
o:\common\wappinger\resoltns\greenway.l
-2-
accordance with the provisions of Title III of the Clean Water/Clean Air Bond Act and/or the
Hudson River Valley Greenway Act (Article 44, Environmental Conservation Law) in an amount
not to exceed Six Thousand Two Hundred Fifty ($6,250.00) Dollars, and upon approval of said
request to enter into and execute a project agreement with the Hudson Valley Greenway for such
financial assistance to the Town of Wappinger for the Wappinger Greenway Trail.
The question of the adoption of the foregoing Resolution was duly put to a vote on roll
call, which resulted as follows:
voting
CONSTANCE O. SMITH, Supervisor
voting
ROBERT L. V ALDATI, Councilperson
voting
JUNE A. VISCONTI, Councilperson
voting
JOSEPH RUGGIERO, Councilperson
voting
VINCENT BETTINA, Councilperson
The Resolution is hereby duly declared adopted.
Dated:
, 1997
Wappingers Falls, New York
ELAINE SNOWDEN, Town Clerk
Town of Wappinger
0: \common\wappinger\resoltns\greenway.1
-3-