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2009-2082009-208 Resolution Authorizing the Town of Wappinger to Enter into an Amendment to the Existing Cooperation Agreement Dated July 6, 2000, as Amended, with the County of Dutchess for the Purpose of Undertaking Community Development and Home Programs for the Program Year Commencing Federal Fiscal Years 2010-2012, (And Successive Three -Year Qualification Periods) Pursuant to Title I of the Housing and Community Development Act of 1974, as Amended, and the Home Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990 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 June 8, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, to make grants to states and other units of general local government to help finance Community Development Programs; and WHEREAS, it is desirable and in the public interest that the TOWN OF WAPPINGER participate in aforesaid Community Development and HOME Programs for the program year commencing Federal Fiscal Years 2010-2012, (and successive three-year qualification period); and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available by the Federal government, either directly or through the state, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; and WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990, and any "Eligible Activities" thereunder are not inconsistent with the statutes or Constitution of the State; and WHEREAS, the TOWN OF WAPPINGER shall take all required actions to comply with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and with the provisions of the National Environmental Policy Act of 1969, Title VI of Civil Rights Act of 1964, prohibits discrimination because of race, color or national origin under any program or activity receiving Federal financial assistance, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of the Housing and Community Development Act of 1974, the Fair Housing Act, the Americans with Disability Act of 1990, Uniform Relocation Act, Sec. 504 of the Rehabilitation Act of 1973, and other applicable laws. Further, Urban County funding is specifically prohibited for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction, or that impedes that County's action to comply with its fair housing certification; and WHEREAS, the TOWN OF WAPPINGER as a cooperating unit of local government has adopted and is enforcing: I . A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within jurisdictions; and WHEREAS, participation by the County of Dutchess as an Urban County in the Community Development and HOME Programs requires that the Municipality of the TOWN OF WAPPINGER, and the County of Dutchess cooperate in undertaking, and assist in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 9 and 17 of the New York Constitution; and WHEREAS, the County and the TOWN OF WAPPINGER will cooperate in developing Community Development and Affordable Housing Programs and applications for the Community Development Block Grant Entitlement Program and the HOME Investment Partnership ("HOME Program") which will be designed primarily for the purpose of meeting the priority needs and objectives of the participating localities based upon an inventory of the community development and housing needs developed mutually by local and County officials; and WHEREAS, the Town Board deems it to be in the public interest for the Municipality of the TOWN OF WAPPINGER to enter into a Cooperation Agreement Amendment with the County of Dutchess for the aforesaid purposes. 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 authorizes Supervisor Christopher J. Colsey to execute a Cooperation Agreement Amendment between the Municipality of the TOWN OF WAPPINGER and the County of Dutchess for the purposes of undertaking a Community Development Program, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Program of Title 11 of the National Affordable Housing Act of 1990, for the program year commencing Federal Fiscal Years 2010-2012 (and successive three-year qualification periods). 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 6/8/2009 The Resolution is hereby duly declared adopted. ?y L— ( f jtt;2:�� J C. MASTERSON, TOWN CLERK RESOLUTION NO. RESOLUTION PASSED RE: RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO AN AMENDMENT TO THE EXISTING COOPERATION AGREEMENT DATED JULY 6, 2000 AS AMENDED, WITH THE COUNTY OF DUTCHESS FOR THE PURPOSE OF UNDERTAKING COMMUNITY DEVELOPMENT AND HOME PROGRAMS FOR THE PROGRAM YEAR COMMENCING FEDERAL FISCAL YEARS 2010-2012(AND SUCCESSIVE THREE-YEAR QUALIFICATION PERIODS) PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE HOME INVESTMENT PARTNERSHIPS PROGRAM OF TITLE II OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 Supervisor Chris Colsey offers the following and moves it is adopted: Seconded by Councilperson WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, to make grants to states and other units of general local government to help finance Community Development Programs, and WHEREAS, it is desirable and in the public interest that the TOWN OF WAPPINGER participate in aforesaid Community Development and HOME Programs for the program year commencing Federal Fiscal Years 2010-2012, (and successive three-year qualification period); and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available by the Federal government, either directly or through the state, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation, and WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990, and any "Eligible Activities" thereunder are not inconsistent with the statutes or constitution of the State, and WHEREAS, the TOWN OF WAPPINGER shall take all required actions to comply with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974 as amended, and with the provisions of the National Environmental Policy Act of 1969, Title VI of Civil Rights Act of 1964, prohibits discrimination because of race, color or national origin under any program or activity receiving Federal financial assistance, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of the Housing and Community Development Act of 1974, the Fair Housing Act, the Americans with Disability Act of 1990 Uniform Relocation Act, Sec. 504 of the Rehabilitation Act of 1973, and other applicable laws. Further, Urban County funding is specifically prohibited for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction, or that impedes that County's action to comply with its fair housing certification. WHEREAS the TOWN OF WAPPINGER as a cooperating unit of local government has adopted and is enforcing: a) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within jurisdictions. WHEREAS, participation by the County of Dutchess as an Urban County in the Community Development and HOME Programs requires that the Municipality of the TOWN OF WAPPINGER, and the Country of Dutchess cooperate in undertaking, and assist in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 9 and 17 of the New York Constitution, and WHEREAS, the County and the TOWN OF WAPPINGER will cooperate in developing Community Development and Affordable Housing Programs and applications for the Community Development Block Grant Entitlement Program and the HOME Investment Partnership ("HOME Program") which will be designed primarily for the purpose of meeting the priority needs and objectives of the participating localities based upon an inventory of the community development and housing needs developed mutually by local and County officials; WHEREAS, the Board deems it to be in the public interest for the Municipality of the TOWN OF WAPPINGER to enter into a Cooperation Agreement Amendment with the County of Dutchess for the aforesaid purposes, now, therefore, be it RESOLVED, that Supervisor Chris Colsey be and hereby is authorized to execute a Cooperation Agreement Amendment between the Municipality of the TOWN OF WAPPINGER and the County of Dutchess for the purposes of undertaking a Community Development Program pursuant to Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990, for the program year commencing Federal Fiscal Years 2010-2012(and successive three-year qualification periods). Chris Colsey, Supervisor Date Dated: STATE OF NEW YORK DUTCHESS COUNTY Office of the Clerk of The TOWN OF WAPPINGER ) This is to certify that I, Chris Masterson, Clerk of the TOWN OF WAPPINGER in the said County of Dutchess have compared the foregoing copy of Resolution No. with the original now on file in this office, and that the same is a correct and true transcript of said original Resolution No. and the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said TOWN OF WAPPINGER this day of June, 2009. ris Masterson, Municipal Clerk AMENDMENT TO URBAN COUNTY COOPERATION AGREEMENT TOWN OF WAPPINGER It is hereby agreed between the County of Dutchess, one of the counties of the State of New York, having its principal offices at 22 Market Street, Poughkeepsie, NY, 12601 (hereafter referred to as "COUNTY") and the TOWN OF WAPPINGER,(hereafter referred to as ("TOWN"), to amend the Cooperation Agreement County Contract Number 00 -0410 -PL, dated July 6, 2000, as amended, (Amendment to Urban County Cooperation Agreement County Contract Number 00 -0410 -PL -A2, dated July 10, 2006), as follows: 1. All references to the TOWN OF WAPPINGER participation in the Urban County Program for the qualification period "fiscal years 2007, 2008 and 2009, shall be amended to the qualification period fiscal years 2010, 2011 and 2012, (and successive three year qualification periods as provided in Paragraph 1 of the agreement) In all other respects, the provisions of the prior Cooperation Agreement dated July 6, 2000 as amended, shall remain in full force and effect shall be binding upon the parties referred to above. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement as of this day of , 2009. APPROVED AS TO FORM County Attorney APPROVED AS TO CONTENT Commissioner of Planning and Development COUNTY OF DUTCHESS I� William R. Steinhaus County Executive TOWN OF WAPPINGER Christopher J. Colsey, Supervisor TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On this day of , 2009, before me the subscriber personally appeared WILLIAM R. STEINHAUS, to me known, who being by me duly sworn, did depose and say: that he resides at Pleasant Valley, New York; that he is the County Executive of the COUNTY OF DUTCHESS, the corporation described in and which executed the foregoing instrument; and that he signed his name thereto pursuant to the authority of the Charter of the County of Dutchess. Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On this day of , 2009, before me the subscriber personally appeared CHRISTOPHER J. COLSEY, to me known, who being by me duly sworn, did depose and say: that he resides at Wappingers Falls, New York; that he is the Supervisor of the TOWN OF WAPPINGER, the municipal cooperation described in and which executed the foregoing instrument; and that he signed his name thereto pursuant to law. Notary Public William R Steinhaus County Executive Roger P. Akeley Commissioner Kealy Salomon Assistant Commissioner May 15, 2009 Supervisor ®f#ice MAY 18 2009 27 High Street Poughkeepsie New York 12601 (845)486-3600 Fax(845)486-3610 E-mail:plandev@co.dutchess.ny.us REQUALIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ATTENTION: Municipal Supervisors, Mayors and Clerks Attached is the Resolution and Amendment to the Urban County Cooperation Agreement that is final for your municipality. The Resolution needs to be passed at your May/early June board meeting. The Resolution needs to be numbered (if applicable), signed by the Supervisor or Mayor, and the municipal clerk must certify and seal the Resolution. The Amendment to the Urban County Cooperation Agreement must be signed by the Supervisor or Mayor and their signature notarized. Please be sure that the Resolution is dated prior to or the same date as the Amendment. HUD will not accept Amendments dated prior to the authorizing Resolution. Please return all five originals of the signed Resolution and Amendment to our office by Monday, June 8th. We are required to have all qualification documents to HUD by July 7th. If you have any questions or need assistance with this process, please contact me at 486-3600 or edovle@co.dutchess.ny.us. Thank you in advance for your continued participation in the CDBG Program. Elizabeth Doyle, Community Development Administrator Dutchess County Department of Planning & Development Dutehess County Department of Planning and Development William R Steinhaus County Executive Roger P. Akeley Commissioner Kealy Salomon Assistant Commissioner May 15, 2009 Supervisor ®f#ice MAY 18 2009 27 High Street Poughkeepsie New York 12601 (845)486-3600 Fax(845)486-3610 E-mail:plandev@co.dutchess.ny.us REQUALIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ATTENTION: Municipal Supervisors, Mayors and Clerks Attached is the Resolution and Amendment to the Urban County Cooperation Agreement that is final for your municipality. The Resolution needs to be passed at your May/early June board meeting. The Resolution needs to be numbered (if applicable), signed by the Supervisor or Mayor, and the municipal clerk must certify and seal the Resolution. The Amendment to the Urban County Cooperation Agreement must be signed by the Supervisor or Mayor and their signature notarized. Please be sure that the Resolution is dated prior to or the same date as the Amendment. HUD will not accept Amendments dated prior to the authorizing Resolution. Please return all five originals of the signed Resolution and Amendment to our office by Monday, June 8th. We are required to have all qualification documents to HUD by July 7th. If you have any questions or need assistance with this process, please contact me at 486-3600 or edovle@co.dutchess.ny.us. Thank you in advance for your continued participation in the CDBG Program. Elizabeth Doyle, Community Development Administrator Dutchess County Department of Planning & Development