2006-195COPY
2006-195
Resolution Authorizing a Memorandum of Understanding between the Town of
Wappinger and the Dutchess County Soil and Water Conservation District
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 August
281h, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Bettina.
. WHEREAS, the Town of Wappinger and the Dutchess County Soil and Water
Conservation District (hereinafter referred to as the "District") previously entered into a
Memorandum of Understanding on August 12th, 1976; and
WHEREAS, the Town and the District have determined that the Memorandum of
Understanding (hereinafter referred to as "MOU") should be updated to reflect the current
standards and technical assistance that the District will be able to provide to the Town; and
WHEREAS, the District has forwarded a revised MOU, a copy of which is affixed
hereto, marked and designated as Exhibit "I"; and
WHEREAS, the Town Board has determined that it is in the best interests of the Town
to enter into the MOU with the further understanding that the terms and conditions of the MOU
will be incorporated into a formal Agreement between the Town and the District; and
WHEREAS, the Town Board determines that entering into the Memorandum of
Agreement or the subsequent formal Agreement is a Type II action as defined in 6 NYCRR
617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town
Board hereby expressly determines that this action is not an action that requires review pursuant
to the provisions of the New York State Environmental Quality Review Act (SEQRA) or
pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part
617.
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 it is in the best interests of the Town and
the residents of the Town of Wappinger for the Town to enter into the MOU in
the form attached hereto, marked and designated as Exhibit "1 ".
3. The Town Supervisor, Joseph Ruggiero, is authorized to execute the MOU by and
on behalf of the Town.
4. The Town Attorney is authorized to negotiate and prepare a formal Agreement
between the Town and the District, incorporating all the terms and provisions
stated in the MOU.
5. The Town Supervisor, Joseph Ruggiero, is authorized to execute the formal
Agreement as negotiated and approved by the attorney to the Town.
6. The Town Board determines that entering into the Memorandum of Agreement or
the subsequent formal Agreement is a Type II action as defined in 6 NYCRR
617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly,
the Town Board hereby expressly determines that this action is not an action that
requires review pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the
Town of Wappinger or pursuant to 6 NYCRR Part 617.
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
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/28/2006
The Resolution is hereby duly declared adopted.
�-
erIN C. MAMRSON, TOWN CLERK
VVI � f ( CJV1J i'J..L1 U1UV 1 f.JUv�
MEMORANDUM OF UNDERSTANDING
,Between the
DUTCHESS COUNTY SOIL AND WATER CONSERVATION DISTRICT
acrd the
TOWN OF
. DUTCR)E:SS COUNTY, NY
This Memorandum of Understanding is between the Dutchess County Soil and
Water Conservation District, State of New York, hereinafter called the "District" and the
Town of , Dutchess County, New York, hereinafter called the "Town."
Recognizing the need for close working relationships in carrying out the
responsibilities for which each is charged, the Town and the District enter into this
Memorandum of Understanding as the foundation for an enduring cooperative working
relationship. Such cooperation allows joint effort in the solution of problems relating to
the planning and to the development of resources in the Town.
WHAT "rHE pISTRTCT WILL DO — The District will make technical assistance
available to the Town as requested within limitations of budget, availability of personnel,
and in accordance with established policies for reimbursement of certain costs.
The District Will:
1. Interpret soil surveys.
2. Analyze water disposal, drainage, erosion and sediment problems, stormwater
management, agricultural and farrnland impacts and recommend remedial
measures.
3. Provide opinions on problems covered in item 2 that may develop due to rapid
urbanization and land use changes and recommend planned action.
4.:- Review survey data to insure adequacy for design purposes.
5. Provide design criteria for conservation project measures.
6. Check. adequacy of designs.
7. Make recommendations on installation of project measures.
S. Assist in conducting inventories of resources.
9. Provide planning and development service for the future long range
development of the Town greenbelts and park areas, where appropriate,
10. Counsel with planning boards and planning consultants on the Town's.
objectives for resource conservation and development.
. T -Q VN WILL DO
The Town Board will.
1. Observe the principles of sound soil and water conservation giving
consideration to the needs for water disposal and drainage, crosion control
measures, stabilization of sediment producing areas, proper disposal of
pollutants and stohnwater management_
I Consult with the District in the development of comprehensive plans for the
Town. Use the information and services made available by the District in
preparing plans.
3. Refer to the District prgposed development projects for a review and technical
opinion on the affect the proposed project may have on the use, the soil and
water problems that may develop and the measures that may be needed to
alleviate them.
4. Be responsible for urging the adoption of those recommendations made by the
District which are acceptable to the Board.
S. Furnish field surveys needed for spot decking or additional held data needed
for adequate checking of proposed developments.
6_ Give special consideration to conservation treatment and resource
development needs and opportunities in plans for future expansion of urban
development.
IT IS FURTHFR RST'OO
1,. Standards and specifications developed by the U.S-D.A. Natural Resource
Conservation Service or approved by the State Conservationist and or
practices approved by ?1ew York State Soil and Water Conservation
Committee will be used in planning and application of Conservation practices.
2. This Memorandum may be modified by mutual agreement. It may be
terminated by either party on thirty (30) days written notice.
DLJTCFMSS COUNTY SOIL AND WATER
CONSERVATION DISTRICT
Chainnan., District Governing Body
Date:
TOWN OF
Town Supervisor
Date: