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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 S' ,n"'-~\ ,.""" . l',' .,....'.. .n{\ ~".--",ICE T'" . . r- V t' . "" ",',. ~ -"":""~ER .... ~ I, ~I I It ~u 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) 'l}'j/7'7 o /~ A/; ;1 ",/ / ; ) . C,"". '/.oC ^': /~(,... l,.-..... ... ' -~ "J' .'.(t'i:._ ;' ~ t . , '. j. 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I, /1 I: 5 if 0 j{ 1M, (}...;R.{!.A;JVrJ..-'rf- C/\.-1. 1 {I J1 ( 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 ~ .f:-.(C6",;.0;/:"" ^' ".~ ..-A. ll/ ~ "":1;/'.;()~~ IIU J !l1)l,! kf:'SChA )-cCE>. / P.;11/Ym mo Production ,,- :') /NJrJiu Vh''O!.< Administration ;>-:', :..'::, :J TOlal $ 7& 6":;-0 $ / /8 /c.;f? .5~f?,~l;C' *- 4,Z-5 Q - /3 3 S 0 ~'-''1cr~ . '~~J /!z1**'P-P;J"t.1;<t<C:!1 :'Ic-~ 3 I 'f ') /I 4~.J!fb7 #-97 ACT ::1(."( ~~:):.. ~ UJ Other Project Funds/Sources (Note: Federal and State funds may contribute to the project, but NOT as the applicant's match.) iFoundation X !Federal Funds $ --~ ; . I Amount $ &' L/ .5 <ILl G.7/LlY? gt7lP ~o t () Vl>-O . <-l~ ;( If- 7 r ,c. f U:. t/. '<: 'i-tuX.' , " , .",:?,; "./" , ~=~(/ . ;? " -'? 'r" J./ T/~~.;,~ ..... 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 ~ - ~ / . 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 rd- ~ IlMI1~ 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 ''-'' ',,- . \ ""'.. .' . t CUClQ \-\\':)tLIi\'\J~C~, 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 '3crE7D .:... :& 5{j(j--~~-'-"~'-' .'-:t"l...-....-..,...."-..--.-..__ , ' )()() ,.~ ,'lS00 500 $2000 $ 2,500 2,:)00 :~f7()1l KQ0', , Totul Budget .$14-,'700 P rC1 ~ ,- .,-.1--4-----, ~.<: (&, \/ l:....itM'li\I\Yf'Tt\'_b-Wl -- r<io;.K- t'..: I ,'-, ',f V'-. Source f\ lPr' , . . ~ :;.... In-k.in Greenway Conscrvanc Greenway Conservancy Grant (j~cenway Con~ervancy ~ WtJD ~l Grant - . . - /PU9 J;U..6'& in-kindlvoluntc.crs )N. '1 C',. c. ti'~IJ-L70\ r ~ayY;-v'~ ~.h "\ ..V~r r <{ P ftVi~f\J 9rfV 0~t~~l' r J f J vt h~~ V' ~~jf ~f) Cate 0 Pre-Development (15%--see page 11) Design Other Construction Equipment Rental Production Administration Other Total ....... VJ Funds Re uested :$ \ 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 :In-Kind s (;) D,ft/l~uc-. II'Jiu . :;19.0 ~\(~'N1f 'r':: \<900 LtA:tW~:.l:( :'-t).(JO ?c9f) 2-000 $ $ ~Federal Funds 'Z.--:jO j;c""....j\c...' ~f.I5"~vJ 7-~ 2> i ."h"=>\}H..JII'\~1. -z..s ~.:;> Q..c.)f?! \(~ (') D i 1-0 D 0 [ .\ Ii.) '{I fJ (> .~4~ : 10 l4lbl:) : r u.J tl \c:r/Slb I u Ie. 'I\) III /I I' ZS--O \i\)~1130 SOD tk>1~1'0\)t... QO ~ \ <?BCJ ( \&00 j Il~J iJ1.00 :'5C90 C;;~ $ : Vi) --3 0) ;3 3S-0 ((/ Cl S {J / 9 ~ c~ --6 , $ 'r; '?- '50 --.,..-" '\ 'f ~ 'lJ:: . . Amount $ $ r# ;60~fc,7'T.2, FROM : TWN POK LGL/SUP PHONE NO. : Sep. 24 1997 02:18PM P2 ~ . \: ~ ~ GT _ / (A~ ,,/Y--!L;O-n~A . J OaJI-?'b 7 ~7ourC/7~u.J-a- 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-