Legislature pm - Dutchess County · Regular Meeting ofthe Dutchess County Legislature Thursday February 11 2010 The Clerk ofLegislaturecalled themeeting to orderat700pm Roll Callby

Regular Meeting

of the

Dutchess County Legislature

Thursday February 11 2010

The Clerk of Legislature called the meeting to order at700pm

Roll Call by the Clerk of the Legislature

PRESENT 24 Bolner Borchert Cooper Doxsey Flesland Forman Goldberg HornHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAveryMiccio Rolison Roman Sadowski Surman Thomes Traudt TynerWeiss White

ABSENT 1 Horton

PRESENT LATE 0

Quorum Present

Pledge ofAllegiance to the Flag was lead by Lucas Keasbey and James LeGrand ofTroop 29in Amenia The Invocation was given by Will Reschke of Troop 95 in Fishkill followed by a

moment of silent meditation

The Chairman stated that if there were no objections he would change the order of business

to have the public hearing before hearing from the public on agenda and non agenda items

The Clerk read the notice ofpublic hearing in Connection with the establishment ofPart

County Sewer District No 6 located in the Village and Town ofRed Hook

The Chairman declared the public hearing open

The following people spoke in favor of Resolution No 2010030 entitled Establishing Part

County Sewer District No 6 in the Village and Town of Red Hook

BillONeill 68 Spencer Drive Town ofRed HookBrent Kovalchik Village ofRed Hook Trustee

Noone else wishing to be heard the Chairman declared the public hearing closed

The Chairman entertained a motion from the floor duly seconded to suspend the rules to

allow the public to address the Legislature with respect to agenda and non agenda items

The following individuals spoke against Resolution No 2010025 entitled Local Law No1 of 2010 A Local Law Repealing Local Law No 4 of 2008 Requiring the Licensing ofMaster Electricians to do Business as Electrical Contractors within Dutchess County as

amended by Local Law No 1 of 2009

William McCabe Town ofLaGrange New York

Robert Clearwater Town of Hyde Park New York

Mike Ryan Hyde Park Town of Hyde Park New York

Patrick Foot Wappingers Falls New York

Rich Parente Town of LaGrange New York

Jeffrey Heck Town of LaGrange New York

Tom Olsen Town of LaGrange New York

Jens Bojstrup JMB Electric

Brian VanVlack Licensed electrician

John Lacurto owner and operator Lacurto Electric Amenia

Diane Nash Hyde Park

Betty Gobalay Owner PS Electric Hopewell Junction New York

Sam Fratto IBEW Senior Assistant Business Manager at Int NatBrotherhood Electrical

Workers

Constantine Kazolias City of Poughkeepsie New York

Richard Morse Town of Clinton spoke in favor of Resolution No 2010025 entitledLocal Law No 1 of 2010 A Local Law Repealing Local Law No 4 of2008 Requiringthe Licensing ofMaster Electricians to do Business as Electrical Contractors within

Dutchess County as amended by Local Law No 1 of 2009

Diane Nash Hyde Park spoke regarding changes to the Rules of the Dutchess CountyLegislature stating that committee minutes should be available in hard copy the publicshould be allowed to speak on non agenda items in the beginning of the board meetingand the public should be able to comment during Budget Review

COMMUNICATIONS RECEIVED FOR THE FEBRUARY 2010 BOARD MEETING

RECEIVED Memo received February 10 2010 from Rosemarie ZengenSpokesperson Save Our Town Committee Town and Village of Red Hook

requesting that the Legislature not pass legislation concerning a central sewagedistrict in Red Hook without more facts revealed to the community at large

RECEIVED Memo received February 10 2010 from William R Steinhaus CountyExecutive Order of Succession

RECEIVED February 2 2010 Annual Report from Dutchess County Real PropertyTax Service Agency

RECEIVED February 3 2010 Contingency Account Status Report from Valerie

Sommerville Budget Director

RECEIVED February 4 2010 from County Attorney Wozniak to Bruce KastorAssociate Attorney Department of Taxation and Finance stating that Resolution No

2010012 -Repealing Clothing and Footwear Exemption was duly enacted by the

County Legislature and County Executive on January 26 2010

RECEIVED January 25 2010 from County Clerk Kendall Deputy Coordinator

Appointments for the Department of Emergency Response

RECEIVED January 27 2010 from County Executive Steinhaus appointment of

Kealy Salomon as Acting Dutchess County Commissioner of Planning and

Development

No one else wishing to be heard the Chairman entertained amotion from the floor dulyseconded to resume the regular order of business The Chairman stated that he would

entertain agenda items first and then non agenda items

Legislator Goldberg requested that Resolution Nos 2010029 and 2010030 be removed from

the consent agenda

Chairman Rolison entertained amotion to approve the minutes ofJanuary 5 2010

The prior months meeting minutes were approved

Legislator MacAvery stated that she did not see reference to Resolution No 2010024

entitled Proclamation 55 Anniversary of the Passing of City ofBeacon Volunteer

Firefighter J Robert Cramer

Clerk of the Legislature Hohmann stated that reference to Resolution No 2010024

was included at the end of the January 25 2010 minutes

Laid on Desks 1/25/10

Government Services Administration

RESOLUTION N0 2010025

RE LOCAL LAW NO 1 OF 2010 A LOCAL LAW REPEALING LOCAL LAWN04OF 2008 REQUIRING THE LICENSING OF MASTER

ELECTRICIANS TO DO BUSINESS AS ELECTRICAL CONTRACTORS

WITHIN DUTCHESS COUNTY AS AMENDED BY LOCAL LAW NO 1 OF

2009

Legislators INCORONATO COOPER BOLNER BORCHERT FORMAN HORNHUTCHINGS KELSEY MICCIO ROMAN SADOWSKI SURMAN THOMES and

TRAUDT offer the following and move its adoption

RESOLVED that this Legislature of the County of Dutchess adopt Local Law No 1 of

2010 which has been submitted this day for consideration by said Legislature

AQPRoYEs

GiWILLIAM R STETNH/u5

Cn11NTY EXECUTIVE

Date-kcD Ia c

STATE OFNEW YORK

ss

COUNTY OPDU1CHESS

Phis is o certify that I theundersigned Clerkof the Legislature of the Coun f llutchess havecompared the foregoing resolution with

the orilrinnl xesotufion now on ftte in the officeof said clerk and which was adopte y said Le stature on the t bs day of Febmary 2010 and that the

same is n true and correct transcript of said oxibrinal msolution and of the whole di xeof

1N WITNESSWHEREOF I have hereunto set my hand and seal of id Legisl e this 11 dayxcbraly 20

LOCAL LAW NO1OF 2010

RE A LOCAL LAW REPEALING LOCAL LAW N04OF 2008 REQUIRINGTHE LICENSING OF MASTER ELECTRICIANS TO DO BUSINESS A5ELECTRICAL CONTRACTORS WITHIN DUTCHES5 COUNTY ASAMENDED BY LOCAL LAW NO1OF 2009

BE PI ENACTED by the County Legislature of the County of Dutchess as follows

SECTION 1 Local LawNo 4 of2008 aLocal Law requiring the licensing ofMasterElectricians to do business as electrical contractors within Dutchess County which was dulypassed by the Dutchess County Legislature on September 8 2008 and deemed duly adopted on

October 16 2008 and Local Law No 1 of 2009 aLocal Law amending Local Law 4 2008which was duly passed by the Dutchess County Legislature on January 26 2009 and deemed

duly adopted on February 25 2009 are both hereby repealed

SECTION 2 This Local Law shall take effect immediately upon filing in the New YorkState Secretary of StatesOffice

At this time Local Law No 1 of 2010 entitled A Local Law Repealing Local Law No 4

of 2008 Requiring the Licensing ofMaster Electricians to do Business as Electrical

Contractors within Dutchess County as Amended by Local Law No 1 of 2009 was

considered

Roll call vote on the foregoing Resolution No 2010025 resulted as follows

AYES 17 - Bolner Borchert Cooper Flesland Forman Horn Hutchings IncoronatoKelsey Miccio Rolison Roman Sadowski Surman Thomes Traudt Weiss

NAYS 7 -Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery

ABSENT 1-Horton

Legislator Goldberg requested that before the vote was announced ifLegislative Counsel

Volkman could comment on apossible conflict with Legislator Sadowski voting on this

resolution because he works for a contractor

Legislative Counsel Volkman stated that it was up to the individual member of the bodyto determine whether or not they had aconflict He added that the Countys Ethics Codewas very specific as to what created aconflict with legislation or other functions that a

legislator may have He added that if legislators had questions they could seek an opinionfrom the Ethics Board He further added that short of that it was up to the legislator to

determine whether he had aconflict or not He added that this body did not have the

power to deny him avote and had no authority or jurisdiction to prevent that vote from

occurring

Legislator Sadowski stated that he did not work for an Electrical Contractor He added

that he worked for the site division meaning he did heavy construction for ageneralcontractor and did not do any electrical work at all

Resolution adopted

The County Executive held apublic hearing on the foregoing local law on ThursdayMarch 4 2010 at 10 amand signed it into law on March 12 2010 The effective date was

March 19 2010

Government Services and Administration

Amended 2/4/10

RESOLUTION NO 2010027

RE ADOPTION OF THE PERMANENT RULES OF THE DUTCHESS COUNTY

LEGISLATURE

Legislators ROLISON COOPER and FLESLAND offer the following and move

its adoption

RESOLVED that the Permanent rules as attached hereto be and they hereby are

adopted as the Permanent Rules of the Dutchess County Legislature effective January 1 2010

APPROVED

WILLIAM R STEINHAUSCOUNTY EXfCUTIVE

Date 1a c1 D I

Amended on Floor 2/11/10 em

Amended in Government Services Administration 2/4/10 lw

STATE OFNEW YORKss

COUNTY OF DUTCHESS

11sis to certify that Ithe undeesigned Cterk ofthe Ixgislatuxe of the ountyof chess havecompared theforegoing resolution with

the original eesolution nowon Eile in the officeof said eteek and which was adopt dby said Legis tore on the 11 day ofFebruary 2010 and that the

same is a true and correct transcript of said odginat eesoludon and of the whole ereoF

IN WITNESS WHPRROP I have hereunto set my hand and seal of dLegislaNe is 11th day ofFey20/

2010

Permanent Rules of theDutchess County Legislature

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Discussion on the foregoing Resolution No 2010027 resulted as follows

Legislator Goldberg moved to amend the foregoing Rules of the Dutchess County Legislatureto add the following paragraph to Page 5 Rule 23 Special meetings will be held annuallywhere county elected officials and department heads are invited to meet with the Legislaturein addition to meetings held at budget time duly seconded by Legislator Kuffner

Roll call vote on the foregoing motion resulted at follows

AYES 17 -Rolison Cooper Flesland Horn Borchert Sadowski Roman Weiss BolnerIncoronato Miccio Forman Traudt Hutchings Thomes Surman Kelsey

NAYS 7 - Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery

ABSENT 1 -Horton

Motion defeated

Legislator Goldberg moved to amend the Rules of the Dutchess County Legislature Page 5

Rule 24Duties of the Clerk of the Legislature by inserting the word committee after the

words minutes of duly seconded by Legislator Kuffner

Legislator Goldberg moved to rescind the foregoing amendment

Legislator Goldberg moved to amend the Rules of the Dutchess County Legislature Page 5

Rule 24Duties of the Clerk of the Legislature by inserting the words theclerk should also

forward electronically minutes ofall committee meetings and have aprinted copy on hand at

the office after the word and duly seconded by Legislator Doxsey

Roll call vote on the foregoing motion resulted as follows

AYES 8 -Goldberg Kuffner Doxsey White Jeter-Jackson Tyner Weiss MacAvery

NAYS 16 -Bolner Borchert Cooper Flesland Forman Horn Hutchings Incoronato

Kelsey Miccio Rolison Roman Sadowski Surman Thomes Traudt

ABSENT 1-Horton

Motion defeated

Legislator Goldberg moved to add D Privilege of the Floor with respect to non-agenda items

to Rule 31Order of Business and then re-letter the series duly seconded

AYES 7 - Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery

NAYS 17 - Bolner Borchert Cooper Flesland Forman Horn Hutchings Incoronato

Kelsey Miccio Rolison Roman Sadowski Surman Thomes Traudt Weiss

ABSENT 1 -Horton

Motion defeated

Legislator Flesland moved to amend the Rules of the Dutchess County Legislature Page 9Rule 43Powers and Duties of the ChairmanIAdd a last sentence which will read This

notification will be accompanied by a written explanation from the chairman duly seconded

by Legislator Cooper and unanimously carried

Legislator Goldberg moved to amend Page 12 Rules of the Dutchess County Legislature Rule45 J Add a last sentence which will read This notification will be accompanied by a written

explanation from the committee chairman duly seconded by Legislator Kuffner


AYES 8 - Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery Traudt

NAYS 16 - Bolner Borchert Cooper Flesland Forman Horn Hutchings IncoronatoKelsey Miccio Rolison Roman Sadowski Surman Thomes Weiss

ABSENT 1 -Horton

Motion defeated

Legislator Goldberg moved to amend Page 13 Rules of the Dutchess County Legislature Rule

410 A remove wording unless he/she has obtained permission of the chair to abstain dulyseconded by Legislator Kuffner


AYES 7 - Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery

NAYS 17 - Bolner Borchert Cooper Flesland Forman Horn Hutchings IncoronatoKelsey Miccio Rolison Roman Sadowski Surman Thomes Traudt Weiss

ABSENT 1 -Horton

Motion defeated


55Rules of Procedure for Committees add E and renumber series as follows

E During Budget Review Sessions privilege of the floor will be recognized

duly seconded by Legislator Kuffner

Legislator Miccio moved to call the question duly seconded by Legislator Incoronato and

carried with Legislator Kuffner casting ano vote


AYES 7 -Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery


ABSENT 1-Horton

Motion defeated


512 B Rules of Committee of the Whole remove the wording with nopublic commentduly seconded by Legislator Kuffner

Chairman Rolison requested that Legislator Cooper temporarily chair the meeting so that he

may address the Legislature

Legislator Rolison stated that the intent of aCommittee of the Whole was for information to

be received by this Legislative body so that the Legislators understood the issues surroundingthe Resource Recovery Agency or any other topic to be discussed at aCommittee of theWhole He added that it was not the forum for public comment He added the Legislaturewontunderstand the critical and important issues needed to be educated on if acontroversialCommittee of the Whole session was dominated by the public He added that it was a

working session that the Legislature as agroup could listen and ask questions enabling themto understand the issues He added then at a later date the issues could be addressed publicly

Legislator Weiss moved to call the question duly seconded by Legislator Flesland and carried

by voice vote


AYES 8 -Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery Kelsey

NAYS 16 - Bolner Borchert Cooper Flesland Forman Horn Hutchings lncoronatoMiccio Rolison Roman Sadowski Surman Thomes Traudt Weiss

ABSENT 1-Horton

Motion defeated


AYES 7 -Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery


ABSENT 1-Horton

Resolution adopted

Chairman Rolison took the Chair again to preside over the remainder of the meeting

Environment


RE AUTHORIZING THE FINANCE DEPARTMENT TO AMEND THE

COMMUNITY DEVELOPMENT ACCOUNT FOR THE HOME

INVESTMENT PARTNERSHII PROGRAM

Legislators MICCIO BORCHERT Bolner Cooper Flesland Forman HornHorton Hutchings Incoronato Kelsey Rolison Roman Sadowski Surman Thomes Traudt and

Weiss offer the following and move its adoption

WHEREAS the County is aparticipant in the Community Development BlockGrant Program pursuant to the Housing and Community Development Act and

WHEREAS pursuant to the Act the County receives funding under the HOME

Investment Partnership Program the purpose of which is to provide assistance for the building of

affordable housing for low and moderate income individuals in participating jurisdictions and

WHEREAS pursuant to HOME Investment Partnership Program guidelines the

County makes loans to qualified candidates for rehabilitafion purposes which loans are repaid to

the County and

WHEREAS on repayment the County is authorized under the HOME Investment

Partnership Program to make additional loans to other qualified candidates and

WHEREAS by Resolution No 77 of1998 the Commissioner ofFinance was

directed to establish aCommunity Development Account for the HOME Investment In-House Loan

Program and

WHEREAS loan payments received by the County have exceeded the amount

appropriated to date and it is necessary to increase appropriations now therefore be it

RESOLVED that the Commissioner of Finance is hereby authorized and directed to

amend the In-House Loan Program Account as follows

APPROPRIATIONS

Increase

CD866827054404

REVENUES

Increase

CD86682170002

CA-11-10 ADR/ca/G-179

HOME Trust Fund Program

HOME Program Income

1/13/10 Fiscal Impact See attached statement

STATE OP NEWYORKss

COUNI7OF llUTCHESS

This is to certify that Ithe mdecsigncd Clexk ofthe Legislature of the

odlhnal resolution now on file in the office ofsaid dexk and whichwas adopted k

true and correct transcript of said original zesolntion and of the whole thereof

89 000

APPROVED

WILLIAM R STEINHAUS

/CQO1UNTY EXECUTIIFE/q jJtsTikvecompared the fomgoingoluti wtth the

BNxe o the 1t day of February 2010 and that the same is a

IN WII1VE55 WHEREOF I havehcecunto set my hand anJ seal of saidtegidlature 1fth day

FISCAL IMPACT STATEMENT

NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONSTo be completed by requesting department

Total Current Year Cost $ 89000

Total Current Year Revenue $ 89000

and SourceHOME Trust Fund Program Income

Source of County Funds check one Existing Appropriations ContingencyTransfer of Existing Appropriations Additional Appropriations Other explain

Identify Line ItemssCD866827054404/CD86682170002

Related Expenses Amount $Nature/Reason

Anticipated Savings to County

Net County Cost this yearOver Five Years

Additional Comments/Explanation

Prepared by Patricia Longbard 845 486-3635

DuLptlf


AYES 24 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn

HutchingsIncoronatoJeter-Jackson Kelsey Kuffner MacAveryMiccio Rolison Roman Sadowski Surman Thomes Traudt TynerWeiss White

NAYS 0 ABSENT 1-Horton

Resolution adopted

Environment


RE ADOPTION OF NEGATIVE DECLARATION IN CONNECTION

WTIH THE ESTABLISHMENT OF PART COUNTY SEWER DISTRICT

NO6IN THE VILLAGE ANDTOWN OF RED HOOK

Legislators TRAUDT and MICCIO offer the following and move its adoption

WHEREAS this Legislature has before it two resolutions together with maps

plans and reports all prepared by or on behalf of the Dutchess County Water and Wastewater

Authority WWA in support of the establishment of Part County Sewer District No 6 by the

County of Dutchess County to facilitate the payment of the costs of acquisition and

expansion ofthe existing Red Hook Commons Wastewater Treatment Plant and construction of

the Red Hook Sewer collection system through the levy of benefit assessments and the

enforcement of delinquent sewer rates and

WHEREAS as part of its review of the proposed actions the WWA prepared a

Full Environmental Assessment Form and Negative Declaration both dated January 20 2010 on

file with the Clerk of the Legislature which conclude that the proposed project constitutes an

unlisted action pursuant to Part 617 of the New York Code of Rules and Regulations SEQRand that the actions will not have a significant effect on the environment and

WHEREAS it appears that WWA made a careful review of the proposed actions

and this Legislature should confirm those findings now therefore it is hereby

RESOLVED that this Legislature adopts and confirms the findings of the WWA

as set forth in the Full Environmental Assessment Form and Negative Declaration concludingthat the proposed actions will not have asignificant effect on the environment

CA-13-10

RLW/ca/G-1332-F

1/13/10APPROVED

WILLIAM R STEINHAUSCOUNTY EXECUTIVE

Date aat l

STATE OP NFWYORK

COUNCYOFDUTCHESS

ss

This is to rectify hatItheundezsigned Cleek of theLegislatuze of the

the original msoludon now on file in the office ofsaid deck and which was adoptsame is a tme and coaect transczipt of said original zesolution and ofthe whole di

lave compazed the

on the 11 day of1

resolution with

10 and that the

IN WITNESS WHHREOF I havehereunto set my hand and seal of said egisle/this 11th day of

1416-2 g/gs-7c SEAR

61720

Appendix A

State Environmental Quality Review 11i1 J l l

FULL ENVIRONMENTAL ASSESSMENT FORM sf v

I

Purpose The full EAF is designed to help applicants and agencies determine in an orderly manner whether aproject oraction may

be significant The question of whether an action may be significant is not always easy to answer Frequently ere are-esgeats of a Pgojeci-ithat are subjective or unmeasurable It is also understood that those who determine significance may have little dr n$ fomhblknowledgebt the-

environment or may not be technically expert in environmental analysis In addition many who have knowledge in one particular area may not

be awareof the broader concerns affecting the question of significanceThe full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has

been orderly comprehensive in nature yet flexible enough to allow introduction of information to fit a project or action

Full EAF Components The full FAF is comprised of three parts

Part 1 Provides objective data and information about a given project and its site By identifying basic project data it assists a

reviewer in the analysis that takes place in Parts 2 and 3

Part 2 Focuses on identifying the range of possible impacts that may occur from a project or action It provides guidance as to

whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact The form also

identifies whether an impact can be mitigated orreduced

Part 3 If any impact in Pan 2 is identified as potentially-large then Part 3 is used to evaluate whether or not the impact is

actually important

DETERMINATION OF SIGNIFICANCE -Type 1 and Unlisted Actions

Identify the Portions of EAFcompleted for this project Part 1 Part 2 Part 3

Upon review of the information recorded on this EAFPans 1 and 2 and 3 if appropriate and any othersupporting information and considering

both themagnitude and importance of each impact it is reasonably determined by the lead agency that

A The project will not result in any large and mponant impacts and therefore is one which will not have a

significant impact on the environment therefore a negative declaration will be prepared

B Although the project could have a significant effect on the environment there will not be a significant effect for

this Unlisted Action because the mitigation measures described in PART 3 have been required therefore a

CONDITIONED negative declaration will be prepared

C The project may result in one or more large and important impacts that may have a significant impact on the

environment therefore a positive declaration will be preparedA Conditioned Negative Declaration is onlyvalid for Unlisted Actions

Proposed Seiner District and Expansion ofWastewater Treatment Planf for the Tawn and Village ofRed Hook

Name of Action

Dutchess County Water and Wastewater AuthorityName of Lead Agency

Bridget Barclay Executiae Director

Pdnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer

Signs a of Responsible Office in Lead gency Signature of Preparer Ifdifferent from responsible officer

Date

PART1-PROJECT INFORMATION

Prepared by Project Sponsor

NOTICE This document is designed to assist in determining whether the action proposed may have a significant effect on the environment

Please complete the entire form Parts A through E Answers to these questions will be considered as part of the application for approval and

may be subject to further vedfication and public review Provide any additional information you believe will be needed to complete Parts 2 and

3

It is expected that completion of the full EAF wilt be dependent on Information currently available and will not involve new studies research or

Investmatinn If information remuidnc such additional work is unavailable so indicate and specify each instance

NAME OF ACTION

Pro used Sewer DisMct and E ansian o Wastewater Treatment Plant orTown Villa e o Red Hook

LOCATION OF ACTION Include Street Address Municipality and CountyVilla e/loxvn o Red Hook

NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE

Dutchess Coun Water andWastewaferAuthori DCWWA 845 486 3601

ADDRESS

27Hi h Srieet

CITYlPO STATE ZIP CODE

Pou hke sie AlY 12601

NAME OF OWNER if different BUSINESS TELEPHONE

ADDRESS

CITY/PO STATE ZIP CODE

DESCRIPTION OF ACTION

In coordination with the Village of Red Hook and the Town ofRed Hook the Dufchess County Water and Wastewater Authority DCWWA isproposing to establish

anew central sewer system fo serveareas in the Village and Town udfh frontage on Route 9 Broadway and Route 199 Market Street to be owned and operated 6yDCWWA The project includes the establishment by Dutchess County ofaPart-Cvunfy Sewer District the acquisition of an existing privately maned Wastewater

TreatmentPlan Qacated off ofRoute 9 and commonly referred to as the Red Hook Commons WWTP expansion of the WWIP and construction of100001inear feetof collection system Addifronally DCWWA isproposing to own and operate the laterals and grinders along the proposed sewer system This addifran would add

approximately 13000 linear feet of l V4 inch pipe for the connections to property owners along the proposed sewer disMct Therefore the total linear extent of the

entire ect would be roximatel 23000 eet Fi re 1 shows the location o the r used roed

Please Complete Each Question -Indicate NA if notapplicable

A Site DescriptionPhysical setting of overall project both developed and undeveloped areas

1 Present land use Urban Industdal Commercial Residential suburban Rural non-farm

Forest - Agriculture Other

2 Total acreage of project area -7 acres

APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION

Meadow or Brushland Non-agricultural -01 acres -01 acres

Forested 0 acres o acres

Agricultural Includes orchards cropland pasture etc 0 acres 0 acres

Wetland Freshwater or tidal as per Articles 24 25 of ECL 0 acres 0 acres

Water Surface Area 0 acres 0 acres

Unvegetated Rock earth or fill 0 acres 0 acres

Roads buildings and other paved surfaces 40 acres 50 acres

Other Indicate type Maintained lawn 29acres 19 acres

3 What iS predominant soil types on project Carcandaigua silt loam neutral substratum CaHaden loam Hearty leoel HeA Hmorn-Urban

site land complex IIIaccording fa the Dutchess County Soil Survey dated 1992 Refer tb Figure 4

a Soil drainage Well drained 75 of site Moderately well drained of site

Poorly drained 25 of site

b if any agdculturai land is involved how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification

System N/A acres See 1 NYCRR 370

4 Are there bedrock outcroppings on project site Yes No

a What is depth to bedrock Variable 0 to 70 jn feet

2

5 Approximate percentage of proposed site with slopes 010 80 10 20

15/

15orgreater

6 Is project substantially contiguous to or contain a building site or district listed on the State or the National Registers of Historic

Places

- Yes No Refer to Figure 7 Based on a reoiew ofNtw York Sfafe Parks Recreation and HistoricPreseroafron Natiorud

Register Listing InternetAgpliaztion the project is loaded within an archeosensitiaeoreaand has the

potenfurl to contain one ormoreNafionu Register Eligble NRE sites One 1natfonai listed site SfPau1s

Evangelirnl Lutheran Church and fraa 2state listed sites were observed on afieldvisit to the project site on

11/9/09 the Vsllage Diner and the Elmendorph Inn Additionally the St MargareYs Site is ahistoric pLrce and

was observed an afieht visit to the project site on ll/9/09DCWWA plans to complete aPhase I archeologicalinvestigation for the projectsarea ofpotential effect APE withthe intent avoiding aII areasofardwoogiadconcern to the nmxiimrm extent pracfiarble and obtaitting the concurrence of the NYS Office ofParks Recreation

and HistoricPreseroafion OPRHP Iffor same mason aaoidance is notpossible then DCVJV/Awi31conduct Phase

2and 3 archeologirni investigationsas needed DCWWA wits obtain concurrence from OPRHP prior to ronstrucfion

initiation7

Is project substantially contiguoustoa site listed on the Register ofNational Natural Landmarks Yes No 8

What is the depth of the water Variable in feet Based on review of the IISDA Natural Resource Conservation Seraice Web Soit table

Suroey Soil Data if is estimated that the depth ofthe water table will range from severalfeet below gradetvIOfeet 9

Is site located overaprimary principal or sole source Yes No Based onreoiew of the EPA Sole Source Aquiferaquifer

Region IIMmp 2008 the NYSDEC PrinmryandPrincipal Aquifers website 2009 10

Do hunting fishing or shell fishing opportunities presently exist inthe project Yes No Based anafield visit to the project- area

siteon 11/9/09 11

Does project site contain anyspecies ofplant or animal life that isidentified as threatened or endangered Yes

No According toRefer foFigure 11NYSDEC ErwironmentaiResource Mapperhttp//wwwdecny 4ovhmsnuws/ERM/vinerhtm 2004 Identify

each species

12

Are there any unique or unusual land forms on the project siteiecliffs dunes other geological formations Yes

No Descdbe Based onafield visit tvthe project siteon 11/9/09 13

Is the project site presently used by the community or neighborhoodas an open space or recreation area Yes

No If yes explain Based onafield visit fo the project siteon 11/9/09 14

Does the present site include scenic views known to be important tothe community Yes

No Based onafield visit fo the project siteon 12/9/09 15

Streams Withinor Contiguoust0project Unnamed TnbutarytoSaw 1L Refer toFigure5which shows nuryped streams withintheproject area

na

Name of Stream and name of River to whichit is Saw KiII tributary

16

Lakes ponds wetland areas within or contiguoustoproject area a

Name Refer toFigure2which shows mapped New York State Departmentb Size In -4 3of

Environmental Conservation NYSDEC wetlands and Figure3acres whichshows mapped National Wetland InventoryNV/I wetlandsinNuvirnuty

of theproject A delineafian of wetlands and otherwaters ofthe

U S datedAugust 192009 has been mmpieMd The 2009 Wetland VatidaNon

Plan stamped 6y NYSDEC on August 2H2009 displays the

wetlands within proximity to the project site These wetlands are

not antiripated fobeimpacted by expansiott of the existing WWTP howeoera Freshwater Wetland Permitwillbesubmitted to

the NYSDEC assoaatrd withthewastew ter dischargeronsistentwithprior correspondence from NYSDEC17Is

the site served by existing public Yes No utilities a

If

Yes does sufficient capacity existtoallow connection Yes No b If

Yes will improvements be necessary to allow connection Yes No

18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law Article 25-AA Section 303 and 304

Yes No Refer fo Figure 6 Dutchess CountyAgricultural District No 201orated Route 9 south ofthe Village viii be

avoided hH paakng fhe sever line on the east side ofRoute 9

19 Is the site located in orsubstantially contiguous to a Critical EnvironmentalArea designated pursuant to Article 8 of the ECL and 6 NYCRR

617

Yes No Based on NYSDEC Listing ofCri6cai Ermironmental Areas CEA 2009

20 Has the site ever been used for the disposal of solid orhazardous Yes No Based on field review conducted on

wastes 11/9/09

B

1

Project Description

Physical dimensions and scale of project fill indimensions as appropriate

a Total contiguous acreage owned or controlled by project

sponsor

b Project acreage to be developed 7 acres initially

c Project acreage to remain -112 acres

undeveloped

d Length of project in miles 195 nsiles Ifappropriate

e If the project is an expansion indicate percent of expansionproposed

f Number of off-street parking spaces N/A proposedexisting

-182 acres

7 acres ultimately

N/A

N/A

g Maximum vehicular trips generated per N/A upon completion of project N/A

hour

h If residential Number and type of housing units

One Family Two Family Multiple Family Condominium

Initially N/A N/A N/A N/A

Ultimately N/A-

N/A N/A N/A

i Dimensions in feet orlargest proposed structure 16 height 30 width 30 length TreatmentBuilding

j Linear feet of frontage along a public thoroughfare project will occupy 10000 ft

is

4

2 How much natural materialie rock earth etc will be removed from thesite 1650 cubic yards

3 Will disturbed areas be reclaimed Yes No N/A

a If yes for what intended purpose is the sitebeing reclaimed After Sewer tine is installed the area Witt be returned to its precious state

b Will topsoil be stockpiled for reclamation Yes No

c Will upper subsoil be stockpiled forreclamation Yes No

4 How many acres of vegetation trees shrubs ground covers will be removed from site -11 acres

5 Will any mafure forest over 100 years old or other locally-importantvegetation be removed by this project

Yes No Based an field reoiew of the project site an 11/9/09

6 If single phase project Anticipated period of 18 months including demolitionconstruction

7 Ifmulti-phased N/A

a Total number of phases anticipated number

b Anticipated date of commencement phase 1 month year including demolition

c Approximate completion date of final phase month year

d Is phase 1 functionally dependent on subsequent phases Yes No

8 Will blasting occur during construction Yes No Unlmown at presentand to be defenrthzed bya geotechnical

9

10

11

Number of jobs generated duringconstruction

Number ofjobs eliminated by this

project

Will project require relocation of any projects or

facilities

Yes No If yes explain

12 If surface liquid waste disposal involved Yes No

a If yes indicate type of waste sewage industrial etc and Approximately 85000 gallons ofseroage milt be treated and discharged per

amount dap

b Name of water body into which effluent will be Unnamed Mbutan to Saw Kiltand NYSDEC wetland ICE-3

discharged

13 Is subsurface liquid waste disposal Yes No Typeinvolved

14 Will surface area of an existing water body increase or decrease by proposal Yes No

Fcplain

15 Is project orany portion of project located in a 100 year flood Yes No Refer to Figure 8

plainFEMAFIoodplainMap dated October

161984

16 Will the project generate solid waste Yes No

a If yes what is the amount per month -1-2 tons

b If yes will an existing solid waste facility be used Yes No

c If yes give name Urdrnovnz location A permitted solid waste managementfacility

d Will any wastes notgo into a sewage disposal system or into a sanitary Yes No

landfill

e If Yes explain

17 Will the project involve the disposal of solid waste Yes No

a If yes what is the anticipated rate of disposal tonslmonth

b If yes what is the anticipated site life years

18 Will project use herbicides orpesticides Yes No

19 Will project routinely produce odors more than one hour per Yes No

mveshgahon Ifblashng zs requzred tlzerz controlled

blasting methods wzll be used

-36 after project is complete -2

None

day

5

20 Will project produce operating noise exceeding the local ambient noise Yes No

levels

21 WiII project result in an increase in energy Yes No

use

If yes indicate types Electric energyforpowering wastewater treaduent plant and pump stations

22 If water supply is from wells indicate pumping N/A gallonslminute

capacity

23 Total anticipated water usage per N/A gallonslday

day

24 Does project involve Local State or Federal Yes No

funding

If Yes explain the Village ofRed Hook Town ofRed Hook attd the Dufchess County Water attdWastewaterAuthority are to providefunding for this

proposed sewer district and expansion ofthe wastewater heafinent plnnf In additionfunding isbeing sought from theEnvironmental

Facslifies C orafio EFC nd USDARural Development RD

6

25 Approvals Required Type

City Town Vliage Board Yes No

City Town Vllage Planning Board Yes No

City Town Zoning Board Yes No

City County Health Department Yes No

Other Local Agencies Yes No CountyPlanning Board Courtesy Referral

Other Regional Agencies Yes No Couxty Creation ofPart-County Sewer District

DCWWAAppraoal

State Agencies Yes No NYSDEC-Freshwater Wetlands Permit Change in

Ilse Natiftrstion ECL Article 56 Title5SWPPP Wastewater Discharge SPDES Permit

NYSDOT17 NYCRR Parts 126 and 131

OPRIiP Sfate and FederalPresematiatt Laws4NYCRR 42836CFR 800

EFC -Funding

Federal Agencies Yes No USDA Rural Development-Funding

C

1

2

3

Zoning and Planning Information

Does proposed action involve a planning or zoning Yes Nodecision

If Yes indicate decision required

zoning amendment zoning vadance special use permit subdivision

new/revision of master plan resource management plan other

What is the zoning classifications of the General Business and Residential

site

What is the maximum potential development of the site if developed as permitted by the presentzoning

N/A

4 What is the proposed zoning of the N/A no zoning change isproposedsite

5 What is the maximum potential development of the site if developed as permitted by the proposedzoning

N/Ana zoning change isproposed

6 Is the proposed action consistent with the recommended uses in adopted local land use plan Yes No

7 What arethe predominant land usesand zoning classifications within a mile radius of proposed General Business and

action Residential

8

9

10

11

12

Is the proposed action compatible with adjoining/surrounding land uses within a/mile Yes No

If the proposed action is the subdivision of land how many lots are N/Aproposed

a What is the minimum lot size proposed

Will proposed action require any authorizationsfor the fornation of sewer or water districts Yes No

Will the proposed acfion create a demand for any community provided services recreation education police fireprotectionYes No

a If yes is existing capacity sufficient to handle projected Yes No

demand

Will the proposed action result in the generation of Vaffic signifcantly above present level Yes No

a if yes is the existing road network adequate to handle the addifional Yes Notraffic

D Informational Details

Attach any additional information as may be needed to clarify your project If there are or may be any adverse impacts associated with

your proposal please discuss such impacts and the measures which you propose to mitigate or avoid them

Submittal Date

siteplan

7

See attached Figures

E Verification

i certify that the information provided above is true to the best of my knowledge-

Applicant/Sponsor Name Robert Flores PE

Signature

Date 11/12/09

Title Managing Engineer

if the action is in the Coastal Area and you area state agency complete the Coastal Assessment Form before proceeding with this

assessment

kwrojectsD9906tlengvlsegtatlmftretl hook long eaf pad t it 12 09doc

141fr2 9/95-7CSEQR

Part 2 -PROJECT IMPACTS AND THEIR MAGNITUDEResponsibility of Lead Agency

January 8 2010

General Information Read CarefullyIn completing the form the reviewer should be guided by the question Have my responses and determinations been

reasonable The reviewer is not expected to be an expert environmental analystThe Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitudethat would trigger a response in column 2 The examples are generally applicable throughout the State and for most situations

But for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact

response thus requiring evaluation in Part 3

The impacts of each project on each site in each locality will vary Therefore the examples are illustrative and have been

offered as guidance They do not constitute an exhaustive list of impacts and thresholds to answer each questionThe number of examples perquestion does not indicate the importance of each questionIn identifying impacts consider long term short term and cumulative effects

Instructions Read Carefullya Answer each of the 20 questions in PART 2 Answer Yes if there will be any impactb Maybe answers should be considered as Yes answers

c If answering Yes to a question then check the appropriate box column 1 or 2 to indicate the potential size of the impact If

impact threshold equals or exceeds any example provided check wlumn 2 If impact will occur but threshold is lower than

example check column 1

d Identifying that an impact will be potentially large column 2 does not mean that it is also necessarily significant Any large

impact must be evaluated in PART 3 to determine significance Identifying an impact in column 2 simply asks that it be looked

at further

e If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3

f If a potentially large impact checked in column 2 can be mitigated by changes in the project to a small to moderate impact

also check the Yes box in column 3 A No response indicates that such a reduction is not possible This must be explained in

Part 3

IMPACT ON LAND

1 WiII the proposed action result in a physical change to the project site

NO YES

Examples that would apply to Column 2

Any construction on slopes of 15or greater 15 foot riser per 100 foot of lengthorwhere the general slopes in the project area exceed 10

Construction on land where the depth to the water table is less than 3 feet

Construction of paved parking area for1000 or more vehicles

Construction on land where bedrock is exposed or generally within 3 feet of

existing ground surface

Construction that will continue for more than 1 year or involved more than one

phase or stage

6ccavation for mining purposes that would remove more than1000 tons of natural

materialie rock or soil per year

Construction or expansion of a sanitary landfill

Construction in a designated floodway

Other

impacts

2 Will there be an effect to any unique or unusual land forms found on the site

iecliffs dunes geological formations etc NO YES

Specific land

forms

Hosed on Informarian Praoided in Part I ofEAF

1Small to

Moderate

Impact

2Potential

LargeImpact

3Can Impact Be

Mitigated ByProject Change

Yes No

Yes NoYes NoYes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

IMPACT ON WATER

3 Will proposed action affect any water body designated as protectedUnderArticles 15 24 25 of the Environmental Conservation Law ECL

NO YESExamples that would apply to column 2

Developable area of site contains a protected water body

Dredging more than 100 cubic yards of material from channel of a protectedstream

EMension of utility distribution facilities through a protected water body

Construction in a designated freshwater or tidal wetland

Other

impacts

4 Will proposed action affect any non-protected existing or new body of water

NO YESExamples that would apply to Column 2

A 10 increase or decrease in the surface area of any body of water or more than

a 10 acre increase or decrease

Construction of a body of water that exceeds 10 acres of surface area

Other

impacts

5 Will Proposed Action affect surface or groundwater quality or quantityNO YES


Proposed Action will require a discharge permit Existing SPDES discharge permitwould need to be modified

Proposed Action requires use of a source of water that does not have approval to

serve proposed project action

Proposed Action requires water supply from wells with greater than 45 gallons per

minute pumping capacityConstruction or operafion causing any contamination of a water supply system

Proposed Action will adversely affect groundwater

Liquid effluentwill be conveyed off the site to facilities which presently do not exist

or have inadequate capacity

Proposed Action would use water in excess of20000 gallons per day

Proposed Action will likely cause siltation or otherdischarge into an existing bodyof water to the extent that therewill be an obvious visual contrast to natural

conditions

Proposed Action will require the storage of petroleum or chemical products greaterthan 1100 gallons

Proposed Action will allow residential uses in areas without water and/or sewer

services

Proposed Action locates commercial andfor industrial uses which may require new

orexpansion of existing waste treatment and/or storage facilities

Other Proposed Action isan enaironmental benefit project that will serve to

impacts collect and manage wastewater that otherwise is beingdischarged into oundwater by priaate septic systems

6 Will proposed action alter drainage flowor patterns or surface water runoff


Proposed Action would change flood water flows

1Small to

Moderate

Impact

2Potential

LargeImpact

3Can Impact Be


Yes NoYes No

Yes NoYes NoYes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes NoYes NoYes No

Yes NoYes No

Yes No

Yes No

Yes- - No

Yes No

Yes No

Proposed Action may cause subsfantiai erosion

Proposed Action is incompatible with existing drainage patterns

Proposed Action will allow development in a designated floodway

Other

impacts

IMPACT ON AIR

Will proposed action affect air quality NO YESExamples that would apply to column 2

ProposedAction will induce1000 or more vehicle trips in any given hour

Proposed Action will result in the incineration of more than 1 ton of refuse per

hour

Emission rate of total contaminants will exceed 5 lbs per hour or a heat source

producing more than 10 million BTUs per hour

Proposed action will allow an increase in the amount of land committed to

industrial use

Proposed action will allow an increase in the density of industrial developmentwithin existing industrial areas

Other

impacts

IMPACT ON PLANTS AND ANIMALS

Will Proposed Action affect any threatened or endangered speciesNO YES

8


Reduction of one or more species listed on the New York or Federal list using the

site overor near site or found on the sife

Removal of any portion of a critical orsignificant wildlife habitat

Application of pesticide or herbicide more than twice a year other than for

agricultural purposes

Other

impacts

Based on Information Praoided inPart IofEAF

9 Will Proposed Action substantially affedvon-threatened ornon-endangeredspecies

NO YESExamples that would apply to column 2

Proposed Action would substantially interfere with any resident or migratory fish

shellfish or wildlife speciesProposed Action requires the removal of more than 10 acres of mature forest

over 100 years of age or other locally important vegetation

IMPACT ON AGRICULTURAL LAND RESOURCES

10 Will the Proposed Action affect agricultural land resourcesNO YE

Examples that would apply to column 2

The proposed action would sever cross or limit access to agricultural land

includes cropland hayfields pasture vineyard orchard etc

1Small toModerate

Impact

2Potential

LargeImpact

3Can Impact Be

Mitigated ByProjectChange

Yes NoYes NoYes NoYes No

Yes NoYes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes NoYes No

Yes No

Yes No

Yes No

i

Yes No

Construction activity would excavate or compact the soil profile of agricultural land

The proposed action would irreversibly convert more than 10 acres of agriculturalland or if located in anAgricultural District more than 25 acres of agriculturalland

The proposed action would disrupt or prevent installation of agricultural land

management systemsegsubsurface drain lines outlet ditches strip croppingor create a need for such measuresegcause a farm field to drain poorly due to

increased runoff

Other

impacts

IMPACT ON AESTHETIC RESOURCES

11 Will proposed action affect aesthetic resources NO YESIf necessary use the Visual EAF Addendum in Section 61720 Appendix B


Proposed land uses or project components obviously different from or in sharp

contrast to current surrounding land use patterns whether man-made or natural

Proposed land uses or project components visible to users of aesthetic resources

which will eliminate or significantly reduce their enjoyment of the aesthetic

qualfties of that resource

Project components that will result in the elimination or significant screening of

scenic views known to be important to the area

Other

impacts

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES

12 Will Proposed Action impact any site or structure of historic prehistoric or

paleontological importance NO YESExamples that would apply to column 2

Proposed Action occurring wholly or partially within or substantially contiguous to

any facility orsite listed on the State or National Register of historic places

Any impact to an archaeological site orfossil bed ocated within the project site

Proposed Actionwill occur in an area designated as sensitive for archaeologicalsites on the NYS Site Inventory

Other

impacts

IMPACT ON OPEN SPACE AND RECREATION

13 Will Proposed Action affect the quantity or quality of existing or future open spaces

or recreational opportunities NO YESExamples that would apply to Column 2

The permanent foreclosure of a future recreational opportunity

A major reduction of an open space important to the community

Other

impacts

1Small toModerate

Impact

2Potential

LargeImpact

3Can Impact Be


Yes NoYes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes NoYes No

Yes No

Yes NoYes NoYes No

IMPACT ON CRITICAL ENVIRONMENTALAREAS

14 Will Proposed Action impact the exceptional or unique characteristics of a critical

environmental area CEA established pursuant to subdivision 6 NYCRR

6171497

NO YESList the environmental characteristics that caused the designation of the CEA

Based on Informarion Praoided in ParE IofEAF


Proposed Action to locate within the CEA7

Proposed Action will result in a reduction in the quantity of the resource

Proposed Action will result in a reduction in the quality of the resource

Proposed Action will impact the use function oremployment of the resource

Other

impacts

IMPACT ON TRANSPORTATION

15 Will there be an effect to existing transportation systemsNO YES

Examples that would apply to column 2

Alteration of present patterns of movement of people andor goods

Proposed Action will result in major trafficproblems

Other

impacts

IMPACT ON ENERGY16 WiII proposed action affect the communityssources of fuel or energy supply


Proposed Action will cause a greater than 5 increase in the use of any fonn of

energy in the municipalityProposed Action will require the creation or extension of an energy transmission or

supply system to serve more than 50 single br two family residences or to serve a

major commercial or industrial use

Other

impacts

1Small to

Moderate

Impact

2Potential

LargeImpact

3Can Impact Be


Yes NoYes No

Yes NoYes No

Yes No

Yes No

Yes NoYes No

Yes No

Yes No

Yes No

1Small to

Moderate

NOISE AND ODOR IMPACTS

17 Will there be objectionable odors noise or vibration as a result of the Proposed

Action NO YESExamples that would apply to Column 2

Blasting within1500 feet of a hospital school or other sensitive facility

Odors will occur routinely more than one hour perday

Proposed Action will produce operating noise exceeding the local ambient noise

levels for noise outside of structures

Construction acfivitfes involving creation ofthe sewer disMct and expansion offloe

wastewater freahnent plant

Proposed Action will remove natumi barriers that would act as a noise screen

Other impacts

IMPACT ON PUBLIC HEALTH

18 Will Proposed Action affect public health and safetyNO YES


Proposed Action may cause a risk of explosion or release of hazardous

substancesieoii pesticides chemicals radiation etc in the event of accident

or upset conditions or there may be a chronic low level discharge or emission

Proposed Action may result in the burial of hazardous wastes in any formie

toxic poisonous highly reactive radioactive irritating infectious etc

Storage facilities for one million or more gallons of liquefied natural gas or other

flammable liquids

Proposed action may result in the excavation or other disturbance within2000

feet of a site used for the disposal of solid or hazardous waste

Other Improvements to public health through the installation of municipal

impacts wastewater collection system and expansion of the wastewater Treatment

IMPACT ON GROWTH AND CHARACTER

OF COMMUNITY OR NEIGHBORHOOD

19 Will proposed action affect the character of the existing communityNO YES


The permanent population of the city town or village in which the project is located

is likely to grow by more than 5

The municipal budget for capital expenditures or operating services will increase

by more than5 per year as a result of this project

Proposed action will conflict with officially adopted plans or goals

Proposed action will cause a change in the density of land use

Proposed Action will replace or eliminate existing facilities structures or areas of

historic importance to the community

Development will create a demand for additional community services eg

schools police and fire etc

Proposed Action will set an important precedent for future projects

Proposed Action will create oreliminate employment

Proposed action will create constracfion jobs and permanent jobs after construcfron is complete

see information provided in PaR 1 ofthe EAF

2 3Potential Can Impact Be

Large Mitigated By

Yes NoYes NoYes No

Yes No

I Yes No

Yes No

I

Yes

Yes

Yes

Yes

No

No

No

No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes NoYes No

Other impacts Proposed action is consistent with local community plans I I

20 Is there or is there likely to be public controversy related to potential adverse environmental im

NOYes

YES

No

if any action in Part 2 is identified as a potential large impact or if you cannot determine the magnitude of impact proceed to Part 3

ctlowments and seltingsyennrfenndesklopMed hook long eat part2 3D1 OBt0doc

6

Part 3 -EVALUATION OF THE IMPORTANCE OF IMPACTS

Responsibility of Lead Agency

Part 3 must be prepared if one or more impacts is considered to be potentially large even if the impacts may be mitigated

Instructions

Discuss the following for each impact identified in Column 2 of Part 2

1 Briefly describe the impact

2 Describe if applicable how the impact could be mitigated or reduced to a small to moderate impact by project changes

3 Based on the information available decide if it is reasonable to conclude that this impact is important

To answer the question of importance consider

The probability of the impact occurringThe duration of the impactIts irreversibility including permanently lost resources of value

Whether the impact can orwill be controlled

The regional consequence of the impactIts potential divergence from local needs and goalsWhether known objections to the project relate to this impact

Continue on attachments

5 Impact on Water

Proposed Action will require the modification of an existing SPDES discharge permit

The probability of this impact occurring is relatively high The duration of the impact is expected to be permanenf forthe life of the sewer district and

wastewater treatment plant in the Town Village of Red Hook NY The discharge of treated wastewater has the potential to alterthe hydrology and

wafer quality characteristics of the receiving stream an unnamed tributary fo Saw Kill Creek and a surrounding wetland Based on preliminary

correspondence from NYSDEC effluent limitations will tie established based on a waste assimilation capacity anafysis and no discharge at a

temperature over 70 degrees Fahrenheit will be allowed In addition it will be required to demonstrate that no downstream wafer users within the water

basin will tie affectedby possible water basin transfers Prior to constmction it is the intent of DCWV/Ato apply for and obtain a SPDES permit mod

catfonand Freshwater Wetlands permit from NYSDEC During the NYSDEC permit application process potential impacts to surface water hydrology

andwafer qualitywillbe minimizedto the maximum extent practicable prior to permit issuance Regional consequencesofthe impact include potential

alteration of the hydrology andwater quality characteristicsof fire receiving stream and surrounding wetlandIt is unknown ifhere is local opposition

tothe project relativetothis impact Based on this informationitis reasonableto conclude that this impact is important12

Impact onHistoric and Archeological Resources Proposed

Action occurring wholly or partially within or substantially contiguoustoany facilityor site listed on the State or National Register

ofhistoric places The

probabilityofthis impact occurring is 27atively high The duration of the impact is expected tobe permanent for the life of the sewer distdcf and wastewater

treatment plantin the Town Village of Red Hook NY Permanent losses associated with this impact could include the potential disturbance

ofthe Elmendorph Inn state listed the Village Diner state listed St Margaretshistodc siteand St Paul sEvangelical Chumh fisted on the

National RegisterofHistoric Places Based ona review of New York State Parks Recreation and Historic Preservation National Register Listing lntemet

Application the project is located within an aroheosensftfve area DCV/WA plansto mitigate the impact 6y completing aPhase archeological investigation

fortheprojects AreaofPotential Effect APE with the intent of avoiding at/ areas of archeological concemand obtaining the concurrence of

theNYS Office of Parks Recreation and Historic Preservation OPRHPJIffor some reason avoidance isriot possible then DCWWA will mitigate

this impact by conducting Phase2and 3 archeological investigations asneeded DCWV/A wilt obtainapproval from OPRHP prior fo construction initiation Regional

consequences of the impactinclude pafial or temporary disturbance ofthishistorically sensitive area/tisunknown if there islocal

opposition to the project relative to thisimpact Based on this information it isreasonable to conclude that this impact isimportant Proposed Action will

occurinan area designated as sensitive for archeological sites onthe NYS Site Inventory The probability of

this impact occurring is relatively high The duration of the impact is expected tobe permanent for the fifeof the sewer district and wastewater treatment plant

intheTown Village of Red Hook NY Permanent losses associated withthis impact could include the potential disturbance an archeosensitive

area located withinthe project area based ona review of New York State Parks Recreation and Historic Preservation National Register Listing

lntemet Application DCWWA planstomitigate the impact by completingaPhaseIarcheological investigation for theproject sAreaofPotential

Effect APE withthe intent of avoiding all areasofarcheological concem and obtaining theconcurrenceofthe NYS Office of Parks Recreation and Historic

Preservation OPRHPIffor some reason avoidance isnotpossible then DCWWA will mitigate this impact by conducting Phase 2and

3archeological investigations DCWWA willobtain approval from OPRHP prior to construction initiation Regional consequences of theimpact include partial

or complete disturbance ofthishfstodcally sensitive areaItisunknown if there islocal opposition to theproject relative to this impact Based on

this information it is reasonable to conclude that this impact isimportantcWocuments antl

setlingsjennifemldeskroptretl hooklongeaFPart 23Ot D810 tloc

State Environmental Quality Review SEQRNegative Declaration

Notice of Determination of Non-Significance

Name of Action Proposed Sewer District and Expansion of Wastewater Treatment Plant

for Town Village ofRed Hook

SEQR Status Type 1

Description ofAction

Dutchess County Water and WastewaterAuthority DCWWA has proposed to form anew

sewer district in Red Hook to serve the areas with frontage on Route 9 Broadway and Route

199 Market Street This proposed sewer district wouldbe in the Village and Town of Red

Hook Dutchess County New York refer to Aftachment A Site Location Map

The proposed district would become aPart County Sewer District owned and operated byDutchess County Water and Wastewater Authority Additionally the project includes

acquisition of an existing privately operated Wastewater TreatmentPlant located off of Route 9

and commonly referred to as the Red Hook Commons Wastewater TreatmentPlant expansionof the Wastewater Treatment Plant and construction of the100001ineaz feet of new sewer pipeand 13000 lineaz feet of sewer laterals The Wastewater TreatmentPlant project area is

approximately 7 acres of paved surfacesie sidewalks parking lots and maintained awn The

proposed action includes the following acfivities

Installation of thenew sewer main and its laterals will be conductedby trenchless and

open cut methods

The acquisition of the wastewater treatment plantand expansion located offon MorganAvenue The largest structure in the proposed expansion will have an approximateheight of 16 feet and adiameter of 30 feet

Location Broadway Route 9 and Market Street Route 199 in the Town and Village of

Red Hook Dutchess County New York refer to Site Location Map

Reasons Supporting This Determination

The environmental impacts of the proposed action have beencarefully evaluated by the

Dutchess County Water and Wastewater Authority and its consultants in consultation with the

Town ofRed Hook and the Village of Red Hook as well as other permitting and funding

agencies including the United States Department of Agriculture USDA -Rural Developmentthe New York State Department of Environmental Conservation NYSDEC the New York State

Department of Agriculture and Markets the New YorkState Environmental Facilities

Corporation NYSEFC the New York State Department of Transportation NYSDOT the New

York State Office of Parks Recreation and Historic Preservation OPRHP the USArmy Corpsof Engineers Corps

The engineering design for the proposed project will be developed inconformance with

applicable environmental laws design standards and accepted engineering practice InAugust2008 aPreluninary Engineering Report was completed for the project and submitted to

NYSDEC

In accordance with the National Environmental Policy Act NEPA a Draft Environmental

Report has been prepared for the proposed action and wassubmitted to USDA Rural

Development on September 17 2009 A letter amendment discussing the changes to the projectwas sent to USDA Rural Developmenton November 27 2009 Issuance of aFinal

Environmental Report is pending A preliminary notice for the Draft Environmental Report is

underway pursuant to December 28 2009 correspondence from USDA Rural Development

The proposed project is largely an environmental benefit project that will provide sewer

treatment to residents within the new sewer district that presently are reliant upon privateseptic systems The porous and relatively permeable nature of the Town and Village of Red

Hook soils may not be adequately filtering the wastewater from the private septic systems as it

enters into the underlying groundwater resource representing a potential threat to the existing

drinking water supply A central sewer system confined to the dense and impervious area of

the Village will treat aE wastewater for safe return to the environment This would be an

improvement to public healthfor this community

The proposed project will not result inany significant physicalchanges to the project site All

sewerrranwill be instaIled underground or beneath existing structures and pre-constructioncontourswillbe restored

The proposed project will not affect the quantity or quality of existing or future open spaces or

recreational opportunities

The proposed project will not impact the exceptional or unique characteristics of acritical

environmental area CEA established pursuant to subdivision 6NYCRR61714g No CEAs

exist in the project area

Except for temporary minor impacts during construction the proposed project will nothave any

effect to the existing transportation systems

2

The proposed project will not have any adverse effecton the communityssources of fuel or

energy supply

Except for possible temporaryminor impacts during construction the proposed project is not

anticipated to have any adverse noise or vibration impact

The proposed project is not anficipated to have any adverse odor impact

The proposed project will nothave adverse air quality impacts except perhaps for minor

amounts of dust generated during construction which can readily be controlled by the use of

best management practices BMIs

The proposed project is notanticipated to have any adverse impact on the character of the

existingcommunity

The dischazge of treated wastewater has the potential to alter the hydrology and water qualitycharacteristics of the receiving stream anunnamed tributary to Saw Kill Creek and a

surrounding wetland Based on preliminary correspondence from NYSDEC effluent

limitations will be established based onawaste assimilation capacity analysis and no dischargeat a temperature over70 degrees Fahrenheit will be allowed Inaddition it will be required to

demonstrate thatno downstream water users within the waterbasin will be affected by possiblewater basin transfers Prior to construction it is the intent of DCWWA to apply for and obtain a

SPDES permit modification Constructionwillnot commence until NYSDEC issues a modified

SPDES discharge permit

A delineation ofwetlands and other waters of theUS dated August 19 2009 has been

completed The 2009 Wetland Validation Plan stamped by NYSDEC on August 28 2009

displays the wetlands within proximity to the project site These wetlands aze not anticipated to

be impactedby expansion of the existing WWTP however a Freshwater Wetland Permit

Application will be submitted to the NYSDEC associated with the wastewater dischazgeconsistent with prior correspondence from NYSDEC dated Juty 1 2009 The discharge of treated

wastewater has the potential to alter the hydrology and water quality characteristics of the

receiving stream anunnamed tributary to Saw Kill Creek and asurrounding wetland Duringthe NYSDEC permit application process that potential impacts to surface water hydrology and

water quality will beminmiwed to the maximum extent practicable prior to permit issuance

Regional consequences of the impact include potential alteration of the hydrology and water

quality chazacteristics of the receiving stream and surrounding wetland Constructionwill not

commence until NYSDEC issues aFreshwater Wetlands permit for the project as necessary

Prior to commencing construction aStormwater PoIlution PreventionPlan SWPPP will be

prepared and a Notice of Intent NOI will be submitted to NYSDEC requesting coverage under

the SPDES General Permit No GP-0-08-001 for Stormwater discharges from constnrction

activity

Correspondence wassubmitted to the NYSDEC Natural Heritage Program and the United

States Fish and Wildlife Service USFWS on August 17 2009 in anticipation that the proposedproject will have no adverse impact on any state or federally listed threatened andendangered

species Correspondence dated August 31 2009 from NYSDEC stated that there aze no known

occurrences of threatened and endangered species within orin the vicinity ofthe project site

Correspondence dated September 15 2009 from USFWS stated that the proposed project will

have no impact on threatened and endangered species Field reviews conducted byCTMale

did not disclose the presence of any threatened or endangered species or their habitats

Correspondence dated March 24 2009 wassubmitted to the New York State Office of Parks

Recreation and Historic Preservation OPRHP to determine the effect of the project on historical

and cultural resources In response to this initial request OPRHP recommended that aPhase I

archeological survey be completed for the proposed projects area of potential effect APEDCWWAplans to complete aPhase Iarcheological invesfigation for the projectsarea of

potential effect APE with the intent avoiding aIl areas of archeological concern to the

maximum extent practicable and obtaining the concurrence of OPRHP If for some reason

avoidance is not possible then DCW WAwill conduct Phase 2 and 3 archeologicalinvestigations as needed to satisfy the requirements of the New York State Historic Preservation

Act DCW WAwill obtain concurrence from OPRHP prior to construction initiation

Itis not anticipated that the proposedwastewater treatment plant expansionwill have any

significant adverse impact to the aesthetic resources of the project area The wastewater

treatment plant expansion is located at the site of an existing wastewater treatment plant no

modifications will be made to the existing outfall structure and aIl new sewer pipes will be

installed below the ground surface

DCW WA formally coordinated with other potentially involved agencies on November 17 2009

Part 1 of aFull Environmental Assessment Form EAF has been completed and reviewed in

conjunction with determinations made by the DCWWA as well as other permitting and funding

agencies including the United States Department ofAgriculture -Rural Development RDNYSDEC New Yoxk State Department of Agriculture and Markets New York State

Environmental Facilities Corporation NYSEFC New York State Department of Transportation

NYSDOT New York State Department ofHealth NYSDOH OPRHP USFWS and CorpsThese agencies concurred that DCWWA assume the role of the SEQRA Lead Agency On

December 17 2009 the DCW WA formally declared themselves as the SEQR Lead Agency

For Further Information

Contact Person Bridget Barclay Executive Director Dutchess County Water

WastewaterAuthority DCWWA

Address 27 High Street

Poughkeepsie NY 12601

Telephone Number 845 486-3601

4

Discussion on the foregoing Resolution No 2010029

Legislator Kuffner read a letter into the minutes from Ms Rosemary Zengen SpokespersonSave Our Town Committee Letter filed at the end of these proceedings

The Chairman entertained amotion to suspend the Rules to allow Red Hook residents to

address the Legislature duly seconded and unanimously carried

Mary Morris Deputy Director Water Wastewater and Jonathan Churins ProjectFacilitator stated that to the best of their knowledge it was not arequirement that residents

needed acertified registered letter Ms Morris further stated that the taxpayers and propertyowners in the affected areas had been included and informed in anumber of public meetingsShe added that there were also stakeholder meetings held with larger property owners

regarding the project She added that very specifically all legal requirements were followed

Legislator Flesland stated to clarify for the record SEQR was followed

Mary Morris Deputy Director Water Wastewater stated yes

Legislator Doxsey stated that he would request permission to abstain

The Chairman entertained amotion to return to the Regular Order of Business duly secondedand unanimously adopted by voice vote

Legislator Weiss moved to call the question duly seconded and unanimously carried


AYES 23 - Bolner Borchert Cooper Flesland Forman Goldberg HornHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAveryMiccio Robson Roman Sadowski Surman Thomes Traudt TynerWeiss White

NAYS 0 ABSTENTIONS 1- Doxsey ABSENT 1-Horton

Resolution adopted

REPEALED BY RESOLDTION N0 2010182


RE ESTABLISHINGPART COUNTY SEWER DISTRICT NO 6

IN THE VILLAGE AND TOWN OF RED HOOK

Environment

Legislators TRAUDT and MICCIO offer the following and move its adoption

WHEREAS the New York State Legislature by Chapter 592 of the Laws of 1991

1142 Public Authorities Law created the Dutchess County Water Wastewater AuthorityWWA and

WHEREAS WWA proposes to provide sewer services to 189 properties in the

existing commercial corridor of the Village and Town of Red Hook along Broadway NYSRoute 9 and Market Street NYS Route 199 and

WHEREAS wastewater treatment capacity would be provided through the

acquisition and expansion of the existing Red Hook Commons Wastewater Treatment Plant and

WHEREAS the proposed Part County Sewer District No 6 will include a total of

189 tax parcels consisting of 173 developed commercial and residential properties and 16 vacantlots and will be comprised of two Zones of Assessment Zone of Assessment B will include 10

parcels currently within the existing service area of the Red Hook Commons Sewer

Transportation Corporation and Zone of Assessment A will include the remaining 179 parcelsand

WHEREAS this Legislature has before it aMap Plan and Report entitled MapPlan and Report Part County Sewer District No 6 which was submitted to it by the WWA with

the Notice ofProject pursuant to Section 1124 and

WHEREAS WWA proposes to enter into a service agreement with Dutchess

County County on behalf of the proposed Part County Sewer District No 6 District wherebythe District will provide sewer service to customers within the District at rates established byWWA and

WHEREAS said project notification shows an estimated capital expenditure for

the construction ofthe sewer system of approximately$7600000 and

WHEREAS this Legislature must create Part County Sewer District No 6

covering the area described in AttachmentA and

WHEREAS the average annual customer cost for the typical property a small

commercial property within Zone of Assessment A will be $765 and the average annual cost for

a typical single family home will also be $765 and

RESOLVED that this Legislature hereby waives the notice provisions of Section1124 of the Public Authorities Law and by this Resolution consents to this project and be it

further

RESOLVED that it is hereby determined that all the property and propertyowners within the proposed Part County Sewer District No 6 are benefited thereby and all the

property and property owners benefited are included within the proposed Part County Sewer

District No 6 and it is in the public interest to create the Part County Sewer District No 6 andbe it further

RESOLVED that a Part County Sewer District to be known as Part CountySewer District No 6 in the Village and Town of Red Hook more particularly described in

Attachment A attached hereto is hereby established and be it further

RESOLVED that this resolution is subject to permissive referendum

CA-12-10

IGM/ca/G-1332-F

1/13/10Fiscal Impact See attached statement

APPROVED

WILLIAM R STEINHAUSCOUNTY

EXECUTIVE /Date O 0

STATE OF NEW YORK

COUNTY OF llUTCHESS

ss

This is to eezdfy that Ithe undezsigned Clerkof the Ixgistamxe of theCount f Put hers have compazed the foregoing zesoludon with

the original ecsoludon now on file in theoffice of said clerk and which was adopted by aid Ixgis tune on the 1t day ofFebmary 2010 and that the

same is a true and cozxect txansczipt of said original zesoludon and ofthe whole thereo f

1N WITNESS WHEREOF I havehereunto set my hand and seat



APPROPRIATION RESOLUTIONSTo be completed by requesting department

Total Current Year Cost $

Total Current Year Revenue $

and Source

Source of County Funds check one Existing Appropriations ContingencyQTransfer of Existing Appropriations Additional Appropriations 0 Other explain

Identify Line Itemss



Net County Cost this yearOver Five Years


Prepared by Bridget Barclay

DuLptlf

DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY27 HIGH STREET

POUGHKEEP5IE NEW YORK 12601

Tel 84 486-3601

Fax 845 486-3610

MEMORANDUM

TO Executive Officecc County AttorneyFROM Bridget Barclay Execurive Director

DATE January 8 2010

RE Resolution Requests Scheduling a Public Hearing on Creation ofPart-CountySewer District No 6Red Hook Sewer District

Working in conjunction with the Village and Town ofRed Hook the Authority has completed an

Engineering Report for the Red Hook Sewer Project to provide sewer services to 189 propertiesin the existing commercial corridor ofthe Village and Town along Broadway NY5 Route 9 and

Market Street NYS Route 199 Wastewater treatment capacity would be provided through the

acquisition and expansion of the existing Red Hook Commons Wastewater Treatment Plant The

Authority is requesting the creation ofPart County Sewer District No 6 to include all parcelswithin this area

The Authority is providing to the County aMap Plan and Report that identifies the specificparcels to be included in Part-County Sewer DistrictNo 6 and describes the improvements that

will be constructed in order to provide sewer service to Part-County Sewer District No 6 The

proposed Part County Sewer District No 6will include a total ofone hundred and eighty-eight189 tax parcels consisting of one hundred and seventy-three 173 developed commercial and

residential properties and sixteen 16 vacant lots The proposed Sewer District willbe

comprised oftwo Zones ofAssessment as specified in the Map Plan and Report Zone of

Assessment B wIll include those ten parcels currently within the existing service area ofthe RedHook Commons Sewer Transportation Corporation Zone ofAssessment A will include the

remaining 179 parcels

As presented in the Map Plan andReport the estimated capital expenditure for the construction

of the sewer system is $7600000 The average annual cost for the typical property a small

commercial property within Zone ofAssessment A will be $765 The average annual cost for a

typical single family home will also be $765

The Authority is also requesting a resolution to adopt a negafive declarafion pursuant to SEQRAand will provide documentation of the completion ofthe Authoritys SEQRA review for this

project A resolution to schedule the required public hearing regarding the creation ofthe Part-

County Sewer District will be considered by the Legislature at its January 25s meeting

Please find attached the following previous Resolutions thatmay be used as a sample to draft the

requested resolution

Res No 204182 -Adoption ofa Negative Declaration in Connection with the Establishment of

Zone ofAssessment H and Part County Sewer DistrictNo 3 in the Town ofBeekman


AYES 23 - Bolner Borchert Cooper Flesland Forman Goldberg Horn

Hutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAveryMiccio Rolison Roman Sadowski Sunman Thomes Traudt TynerWeiss White

NAYS 0 ABSTENTIONS I - Doxsey ABSENT I -Horton

Resolution adopted

The foregoing resolution was repealed by adoption ofResolution 2010182 at the June

14 2010 Regular Board Meeting

Environment

RESOLUTIONN02010031

RE CONFIRMING REAPPOINTMENTS TO DUTCHESS COUNTY PLANNING

BOARD

Legislators MICCIO and HORN offer the following and move its adop5on

WHEREAS Section 1203ofthe Dutchess County Charter as amended by Local

Law No 7 of 2003 enacted by Resolution No 203363 of the Dutchess County Legislatureempowers the County Executive to appoint nine members of the Dutchess County PlanningBoard including one member from the City of Poughkeepsie and one member from the City of

Beacon and

WHEREAS Section 1203 of said Charter and said Amendment empowers the

County Executive to make appointments to the Dutchess County Planning Board for the purpose

of filling new appointments and vacancies thereon now therefore be it

RESOLVED that the following individuals be reappointed to serve as volunteer

members of the Dutchess County Planning Board

REAPPOINTMENTS

Robert Hankin11 Cedar Pond Lane

Poughkeepsie New York 12603

James Nelson

40 Garden Street

PO Box 112

Poughkeepsie New York 12602

CA-04-10 ADR/ca/G-180 1/13/10

STATE ON NEW YORK

COUNTY OP DU1CI-IESS

ss

TERM

Town ofPoughkeepsie01/01/10-12/31/12

City ofPoughkeepsie01/01/10-12/31/12

APPROVED

L2WILLIAM R STEINHAUS

COUNTY EXECUTIVE

Date 1

11tis is to ccxtify that Ithe undersigned Clerkof the Legislature of the County of Dutchess havecompared the foregoing resolution with

theoriginal resolution nowon file in the officeof said clerk and which was adopted by slatuxe on the 11 day of Pebmary 2010 and that the

same is a tme and correct transcript of said original resolution and of the whole themo

IN WITNESS WHERPOPI haveheceunto set my hand and seal ofsaidLcgislatyt this 11th day


AYES 24 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg HornHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAveryMiccio Rolison Roman Sadowski Surman Thomes Traudt TynerWeiss White


Resolution adopted

Public SafetyRESOLUTION NO 2010032

RE CONFII2MING REAPPOINTMENTSTO THE TRAFFIC SAFETY BOARD

adoptionLegislators ROMAN FLESLAND and Horton offer the following and move its

WHEREAS pursuant to Local Law No 8 of 1977 a Dutchess County Traffic

Safety Board was established and

WHEREAS in accordance with said Local Law members to the Board shall be

appointed by the County Executive pursuant to Section302eof the County Charter subject to

confirmation of the Legislature and

WHEREAS the terms of Steven Minard Sgt Kevin Faber Theresa FlahertyNeil A Garrison Joseph A Ryan and Lt Daniel Dowd have expired and the County Executive

has reappointed them now therefore be it

RESOLVED that the reappointments to the Traffic Safety Board of the followingindividuals to serve without compensation except for reimbursement of reasonable and

necessary expenses incurred in the performance of their duties is confirmed

REAPPOINTMENTS

Steven Minard

c/o City of Poughkeepsie Police DepartmentPO Box 863

Poughkeepsie New York 12601 01/01/2010-12/31/2012

Sgt Kevin Faber

c/o Town of Poughkeepsie Police Department19 Tucker Drive

Poughkeepsie NY 12603 01/01/2010-12/31/2012

Theresa Flahertyc/o DC Department of Health

387 Main Street


Neil A Garrison

16 Memory Lane


Joseph A Ryan16 Cooper Road


Lt Daniel Dowd

c/o City of Beacon Police DepartmentOne Municipal Plaza

Beacon New York 12508 01/01/2010-12/31/2012

CA-OS-10

LDF/ca/G-202

1/12/10

APPROVED


Date a a al

srrcra onNCW Yoluc

couNlyofDurcxESs

$$

Plus is to ceetify that Ithe mdeesi6mcd Clerkof the Legislature of the County of Dutchess havemmpaxed the foregoing zesolution with

theoriginal resolution nowon fde in theoffice of said cledr and which was adopted by said 7 face on the71s day of February 2010 and that the

same is a true and coaect tzansczipt of said original resolution and of the whole thcmoE

IN WITNESS WHGREOF I havehemmto set my hand and seal of said




Resolution adopted

Public SafetyRESOLUTION NO 2010033

RE AUTHORIZING INTERMUNICIPAL AGREEMENT WITHCITY OF POUGHKEEPSIE FOR BACK-UP TO THE COUNTYS

E 911 SYSTEM

Legislators ROMAN WEISS ROLISON FLESLAND Cooper and Horton offerthe following and move its adoption

WHEREAS by Resolution No 259 of 1995 this Legislature established that the

City of Poughkeepsie would be a Public Service Answering Point PSAP along with theDutchess County Department of Emergency Response and

WHEREAS by Resolution No 980356 this Legislature authorized an

Intermunicipal Agreement dated December 15 1998 County Contract No 98-0793-11/2008-ER

to provide in part that the City as part of the Countys E 911 System would be responsible for

responding to all E 911 calls originating with the City and that both municipalities would act as

backup sites for each other and

WHEREAS by Resolution Nos 208393 209062 and 209290 this Legislatureauthorized extensions of the above agreement until Ianuary 31 2010 so that the County and Citycould continue their negotiations of anew agreement and

WHEREAS the Coordinator of Emergency Response advises that negotiationsare complete now therefore be it

RESOLVED that this Legislature hereby approves the annexed IntermunicipalAgreement for the term of February 1 2010 through January 31 2020 with the City of

Poughkeepsie and hereby authorizes the County Executive to execute said Agreement on behalf

of the County in substantially the same form attached hereto

CA-09-10

CAB/ca/C-4929-B

1/12/10

Fiscal Impact See attached statement

51ATE ON NEWYORK

COUNTY OF llUTCHESS

ss

APPROVED

WILLIAM R 5TEINHAUSCOUNTY EXECUTIVE

Date c aC 10

This is to certify that I the undersigmcd Ctcek ofthe Legislature of the County of Dutchess havecompazed the Eomgoing resolnton with

the original resolution now on Ede in the offce of said deck and whirls was adopted by s stature on the 11 day ofPebmary 2010 and that the

same is a true and correct transcript of said original resolution and of thewhole thcreoE

IN W1TNiSS WHEREON I havehemunto set my hand and seal of slidagisla this 11th day



APPROPRIATION RESOLUTIONS

To be completed by requesting department

Total Current Year Cost $ s19oo

Total Current Year Revenue $and Source

Source of County Funds check one Existing Appropriations ContingencyTransfer of Existing Appropriations Additional Appropriations Other expfaln

Identify Line itemssA302044421300

e

Related Expenses Amount $Nature/ReasonI


m

Net County Cost this year $a19oo

Over Five Years $350493


Prepared by John Murphy

ONptlf

INTERMUNICIPAL AGREEMENT

THIS AGREEMENT made this day of 2010 by and between the

COUNTY OF DUTCHES5 amunicipal corporation with offices at 22 Market StPoughkeepsie New York 12601 hereinafter referred to as the COUNTY and the

CITY OF POUGHKEESIE amunicipal corporation with offices atthe City MunicipalBuilding 62 Civic Center Plaza Poughkeepsie New York 12601 hereinafter referred to

as the CITY

WITNESSETH

WHEREAS the County has been operating acounty wide E 9-1-1 system for over ten

10 years at its Public Service Answering Point PSAP located at 392 Creek Rd in the

Town ofHyde Park and

WHEREAS while the City is part ofthe Countys E 9-1-1 system the City operates its

own PSAP located at the City Municipal Building and is responsible for receivingwireline E 9-1-1 calls originating in the City ofPoughkeepsie and dispatching wireline

and wireless E 9-1-1 calls originating in the City of Poughkeepsie and

WHEREAS the County and the City entered into an Intermunicipal Agreement dated

December 15 1998 which described the parties relationship as back-up PSAP sites for

each other and

WHEREAS that Intermunicipal Agreement has expired and the parties wish to enter into

a new Intermunicipal Agreement which will describe the parties relationship as back-upPSAP sites for each other

NOW THEREFORE it is mutually agreed by and between the parties hereto as follows

1 TERM OF AGREEMENT This agreement will commence on February 12010 and terminate on January 31 2020 unless otherwise terminated as set forth herein

This agreement maybe renewed upon such terms and conditions as may be agreed to bythe parties

2 PAYMENT As full and complete consideration for this agreement the Countyshall pay the City atotal sum not to exceed NINE HUNDRED AND THIRTY ONE

THOUSAND NINE HUNDRED AND NINETY ONE and 98/00 $93199198DOLLARS in accordance with the following payment schedule

Year 1 $8190000Year2$8394750Year 3 $8604619Year 4 $8819734Year 5$9040227

C - f-

Year6 $9492238Year7 $9729544Year 8 $9972783Year 9 $10222103Year 10 $10733208

The first payment will made on or about March 1 2010 or when the City hasdemonstrated that it has an executed contract with the vendor for the approved phonesystem which has been selected by the County through its procurement procedure For

subsequent years the County will make its annual payments to the City on or aboutMarch 15i

3 BACK-UP As stated in the preamble to this agreement the City will act as back-

up to the County in the event that the Countys E 9-1-1 system fails to operate properlyThe term back-up has many components as it relates to E 9-1-1 The components ofback-

up as they relate to this agreement will be briefly outlined below The parties agree that

representatives of each municipality will meet annually and review and revise as neededthe Standard Operating Guide

IN THE EVENT THAT ONE MUNICIPALITYSE 9-1-1 CENTER IS RENDERED

INOPERABLE THE OTHER MUNICIPALITY WILL ANSWER THE CALLS ANDDISPATCH THE APPROPRIATE EMERGENCY SERVICE UNTIL PERSONNEL

FROM THE DISABLED AGENCY ARRIVES AND IS ABLE TO TAKE OVER

OPERATIONS

TELEPHONE

a Each municipality will obtain and maintain acompatible telephone systemb Overflow In the event either municipality receives an overflow of calls the

other municipality will handle the overflow

c Disruption of Phone Lines In the event that either municipalitysphone linesare disrupted the other municipality will answer the call and then via radioadvise the affected municipality ofeach call so that it can dispatch the call

RADIO

Each municipality will obtain and maintain acompatible radio system Inthe

event either municipalitys radio system is rendered inoperable the other

municipality will dispatch the E 9-1-1 calls

EQUIPMENT ANDTESTING

Each municipality will obtain and maintain the followingequipment

-E 9-1-1 telephones including ANI/ALI

-Console furniture

-Radio programming/modifications to handle police frequency 155 megahertz-Radio programming/modifications to handle EMS and fire frequency 450megahertz

COMPUTER AIDED DISPATCH SYSTEM CADS

Each municipality will maintain compatible CADS software at the same releaselevel Each municipality will obtain the necessary software licenses from NewWorld Systems To ensure this compatibility each agency will use copies ofthe

same County wide geographic files County fireBMS run assignments and

related CAD table files

All back up equipment will be tested on amonthly basis The dates and duration

of the back up tests will be mutually agreed upon between representatives ofboth

municipalities

PERSONNEL

Each municipality will provide the necessary personnel to handle an emergency

situation until personnel from the other municipality arrives The County will

provide training for both the County and City dispatchers as to its recommended

procedures

4 ADDITIONAL RADIO FREQUENCIES The City will continue to provide to

the County additional radio frequencies 155130 and 155415 The City and the Countywill share the use ofthese frequencies upon the termination of this agreement

5 SPACE ALLOCATION The City will continue to provide the former fire alarm

dispatch office space located at City Hall to the County as apermanent back-up location

The County and the City will mutually agree on all issues surrounding any renovations to

the back-up PSAP location Iu addition there will be access to City Hall and sufficient

parking for County personnel The County will allocate the necessary space at the

County PSAP to the City for call taking and dispatching in the event of an emergency

6 EMERGENCY MEDICAL SERVICE The County and City will continue to

provide amutually agreeable emergency medical service dispatch procedure The partiesare currently using the Medical Priority Dispatching System The City agrees that it shall

not change from this system unless the County approves the change in advance in

writing

7 PERSONNEL Both the Countys and the Citys PSAP personnel must be able to

operate both PSAPs radio telephone and CAD systems In addition both the Citys and

Countys PSAP personnel must have the same level of training and expertise includingemergency medical dispatching The County shall provide County specific training for

the Citys PSAP personnel for the purposes herein

8 E 9-I-1 OVERSIGHT BOARD The parties agree that the E 9-1-1 OversightBoard will continue to meetperiodically and discuss matters pertaining to the operationof the countywide E 9-1-1 system This board cannot bind either the City ofthe Countyon policy or financial matters

9 CITY TO INDEMNIFY COUNTY The City shall defend protect and

indemnify the County for damages to property injury or death to persons resulting fromthe negligence of the City hereunder

10 COUNTY TO INDEMNIFY CITY The County shall defend protect and

indemnify the City for damages to property injury or death to persons resulting from the

negligence ofthe County hereunder

11 NOTICE Except as otherwise provided in this Agreement abill statementnotice or communication required to be given pursuant to this Agreement shall be madein writing and addresses to the following or such other persons as the parties maydesignate

Emergency Response Coordinator

392 Creek Rd

Poughkeepsie NY 12601

City ofPoughkeepsie Administrator

62 Civic Center Plaza

City Municipal BuildingPoughkeepsie NY 12601

City E 9-1-1 PSAP

c/o The City ofPoughkeepsie Police Chief

62 Civic Center Plaza

City Municipal BuildingPoughkeepsie NY 12601

12 SEVERABILITY If any provision of this agreement shall be held to be

invalid illegal or unenforceable the validity legality and enforceability ofthe remainingprovision shall not in any way be affected or impaired thereby

13 SERVICE OF PROCESS In addition to the methods of service allowed bythe New York State Civil Service Practice Law and Rules CPLR the City herebyconsents to service of process on it by registered or certified mail return receiptrequested Service hereunder shall be complete upon the Citys actual receipt ofprocessor upon the Countysreceipt ofthe return thereofby the United States Postal Service as

refused or undeliverable The City must promptly notify the County in writing of eachand every change of address to which service ofprocess can be made Service by the

County to the last known address shall be sufficient The City will have thirty 30 daysafter service is complete in which to respond

14 CAPTIONS The captions are inserted only as amatter ofconvenience and

reference and in no way define limit or describe the scope or intent ofthis Agreementnor in any way affect the terms hereof

15 COUNTERPARTS This Agreement maybe executed in any number of

counterparts each of which shall be an original and shall constitute the same Agreement

16 GENDER Whenever words of the masculine or feminine gender appear in this

Agreement unless the sense ofthe sentence indicates otherwise they shall be deemed to

refer to both male or female persons This construction shall apply to gender indicativesuffixes or prefixes as well as to gender indicative words Whenever the reference is to a

corporation board body group organization or other entity comprising more than one

person or to an assemblage ofpersons or to an inanimate object the reference shall beconstrued to be neuter in gender

17 ENTIRE AGREEMENT The terms ofthis Agreement including itsattachments and exhibits represent the fmal intent of the parties Any modificationrescission or waiver ofthe terms ofthis Agreement must be in writing and executed and

acknowledged by the parties with the same formalities accorded this basic Agreement

1N WITNESS WHEREOF the parties hereto have executed this Agreement

APPROVED AS TO FORM ACCEPTED COUNTY OF DUTCHESS

County AttorneyBy

WilliamR Steinhaus

County Executive

APPROVED AS TO CONTENT

Emergency Response

CITY OF POUGHKEEPSIE

ByJohn TkazyikMayor

STATE OF NEW YORK

SSCOUNTY OF DUTCHESS

On this day of 2010 before me the undersignedpersonally appeared WILLIAM R STEINHAUS County Executive of the County of

Dutchess personally known to me or proved to me on the basis of satisfactory evidenceto be the individual whose name is subscribed to the within instrument and acknowledgedto methatshe executed the same in his/her capacity and that by his/her signature on the

instrument the individual or the person upon behalf of which the individual actedexecuted the instrument

Notary Public

STATE OF NEW YORK

SS

COUNTY OF DUTCHESS

On this day of 2010 before me the undersignedpersonally appeared JOHN TKAZYIK Mayor of the City of Poughkeepsie personallylrnown to me or proved to me on the basis of satisfactory evidence to be the individualwhose name is subscribed to the within instrument and ackrnowledged to me that sheexecuted the same in his/her capacity and that by his/her signature on the instrument theindividual or the person upon behalf of which the individual acted executed the

instrument

Notary Public




Resolution adopted

Public Works Capital Projects

RESOLUTIONN02010034

RE AUTHORIZING A GRANT AGREEMENT WITH THE FEDERALAVIATION ADMINISTRATION FOR DESIGN ANDREHABILITATION OF TAXIWAY D LED LIGHTING OFTAXIWAYS B C AND D ALONG WTIH AN OBSTRUCTIONSTUDY FOR ALL APPROACHES AND TO REPLACEAIRCRAFT RESCUE FIRE FIGHTING ARRF VEHICLE AT THEDUTCHESS COUNTY AIRPORT AND AMENDING THE 2010ADOPTED COUNTY BUDGET AS TI PERTAINS TO THE

DEPARTMENT OF PUBLIC WORKS-AVIATION EA0415

Legislators HUTCHINGS and INCORONATO offer the following and move its

adoption

WHEREAS the Department of Public Works Aviation Division applied to theFederal Aviation Administration FAA for a grant of federal funds for the following projects in

two parts Part A design and rehabilitation of Taxiway D and LED lighting of Taxiways B Cand D and for an obstruction study for all approaches and Part B replace the aircraft rescue fire

fighting ARRF vehicle and

WHEREAS this grant is time-sensitive as all grants under this FAA programmust be signed and returned to the FAA no later than March 17 2010 and

WHEREAS the FAA will provide 95 of project costs the State will provide25and Dutchess County will provide25 and

WHEREAS it is necessary for this Legislature to authorize the execution of the

grant agreement and to amend the 2010 Adopted County Budget to accept funds and provide fortheir receipt and expenditure now therefore be it

RESOLVED that this Legislature hereby authorizes the County Executive to

accept the grant offers made by the FAA in connection with the Airport Projects and furtherauthorizes and empowers the County Executive to execute said grant agreements and any other

agreements related to these projects on behalf of the County of Dutchess when received and beit further

RESOLVED that the Commissioner of Finance is authorized empowered anddirected to amend the 2010 Adopted County Budget as follows

APPROPRIATIONSIncrease

EA041556103550 Airport Improvements $ 275000EA04155610240020 Highway Street Equip - 10 yr 750000

1 2 00

REVENUES

IncreaseEA041556104589000EA 041556103589000

EA0415561050310

APPROPRIATIONS

IncreaseA99509801

Federal Aid -AirportState Aid -AirportInterfund Transfers

Contribution to EA Capital

Decrease

A19904007 Contingency

CA-15-10CAB/ca/C-5194-L

1129/10

Fiscal Impact See attached statement

APPROVED

$ 9737502562525625

1 025 000

25 625

$ 25625


Date la p1

517TF OFNFWYORK

COONlYOFDO1CI-IESS

ss

17tis is to ccxflfy that Ithe undersigned Clerk of heLegisaNmofthe Conttty ofllutchess have compared the foregoing resolution with

the original resolution now on File in the office ofsaid clerk and whichwas adopted by pslaure on the 1 tday of Pebmary 2010 and that the

same is a tme and coxeect transcript of said original resolution and of the whole thereot

IN WITNESSWHPRFOFI havehcrennto set my hand and seal ofsaidLebhsl3lut this 1 tth day



APPROPRIATION RESOLUTIONS

To be completed by requesting department

Total Current Year Cost $ 1025000

Total Current Year Revenue $ 999375

and Source

95Federal25Statei S9fe

Source of County Funds checkone Existing Appropriations ContingencyTransfer of Existing Appropriations Additional Appropriations Other explain

Identify Line ItemssIntertund Transfers



Net County Cost this year $25625

Over Five Years

Additional Comments/ExplanationThe FAA requires signed grant documents be returned by March 17 2010

Prepared by Brenda-Jean Fulling DPW-Aviation 463-6002

uLptlf

Memo To Mr Charles E Traver Commissioner ofPublic Works

From Edward A Rose Airport Dir1

Date 26 January 2010

Re Resolution Request -Grant Acceptance

The FAA has earmarked funding for the following capital projects for FY2010

PART AProgram

Design Phase rehabilitation ofD taxiway This taxiway was constructed in three phases over

the last 39 years One section was built when Cessna Citation erected their service center in

1971 Another section extended pavement from the Cessna accommodation to Juliet pavedtiedown circa 1974 The next section continues westerly and was installed in 1982 as part of the

first set of Juliet T-hangars The final section was installed in 1989 with aconnecting taxiway Gnorth The older sections have been cracksealed twice and have exhibited rutting and pondingconditions as well as continued fracturing The Division has also saw cut and replaced the worstareas The extension ofD taxiway to the approach end of runway 24 will NOT be a part of this

design

Design Phase lighting taxiwayBCDThese taxiways are not currently lighted The

project includes installation of LED taxiway lights lighted signs associated cabling conduits and

cans a constant current regulator and associated control equipment in the regulator vault and airtraffic control tower This project adds a measureable degree of safety for all users as thesesurfaces current have no lightingEstimated cost for two above oroiects combined is $150000

Obstruction Study This planning project will assess each approach for obstructions to

navigable airspace as defined in Federal Aviation Regulation Part 77 While few on airportproperty obstructions are expected to be identified in this study it will in practice set the course

for treatment of off airport obstructions I expect the priorities resulting from this study will be inQuiet Acres to the west current undeveloped parcels to the east lands beyond the current

runway 24 approach clearing project south of New Hackensack Rd in the runway 33 approachand the runway 15 approach primarily in flood plain owned by the Town of Poughkeepsie Thelast Obstruction Study was completed in 1989 Trees are expected to be the source of most if not

all obstructions Estimated cost $125000

PART BProgram

Aircraft Rescue and Firefighting vehicle replacement The current vehicle is a 1992 Oshkosh

unit with 1500 gallons of water 190 gallons of3AFFF foam 700 Ibs of B/C dry chemical Theunit has undertruck nozzles bumper turret water/foam and roofturretwater/foam/drychem It is

four wheel drive It has both water/foam preconnected handlines and a dry chem hose reel Theunit has been recommended for replacement for the last several years as a part of the annual

certification inspections The FAA Airports Division has recommended a vehicle of like capacitiesand capabilities based on the fleet mix utilizing Dutchess County Airport The unit is also a uniqueasset to Dutchess County and may be utilized in mutual aid responses requiring the capabilitiesof this equipment Estimated cost $750000

The Part Aprogram already has authorization from

The Part B program does not yet have congressional authorization however the program hasbeen split over the last several fiscal years and Congress has provided the PartBauthorizationThere is no expectation that this will change this year I expect signed grants for PARTBwill bedue by mid July to mid August

Should you have any questions regarding this funding please contact me directly




Resolution adopted

Government Services and Administration

RESOLUTIONN02010035

RE AUTHORIZING THE CHAIRMAN OF DUTCHESS COUNTYLEGISLATURE TO WITHDRAW THE PE1IDING APPEAL FILED INTHE MATTER OF MICHAEL J TOMKOVITCH CHAIRMAN OF THE

DUTCHESS COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND

THE DUTCHESS COUNTY INDUSTRIAL DEVELOPMENT AGENCY VTHE DUTCHESS COUNTY LEGISLATURE WILLIAM R STEINHAUS

AS COUNTY EXECUTIVE OF DUTCHESS COUNTY PAUL P

CALOGERAKIS PATRICK J MCVEIGH JRREINALDO DIAZ

JONATHAN B SMITH CHARLES DANIELS IIIHENRY KILLIAN

PHYLIS DISTACI KEENAN DAVID R TETOR ANDDANIEL

LEGISLATORS COOPER FLESLAND Forman Incoronato Kelsey and Miccio offer

the following and move its adoption

WHEREAS the Dutchess County Legislature is aparty to the above entitled action

involving appointments to the Dutchess County Industrial Development Agency and

Whereas there is now an appeal pending in the Appellate Division Second Departmentand

WHEREAS without conceding the merits of the case or ofthe underlying SupremeCourt decision but as a matter of economy of taxpayers dollars the Dutchess County Legislatureis desirous of discontinuing the action now therefore be it

RESOLVED that Robert G Robson Chairman of the Dutchess County Legislature be

and the same is hereby authorized to file or cause to be filed any papers necessary to discontinue

the pending appeal in The Matterof Michael J Tomkovitch Chairman ofthe Dutchess CountvIndustrial Development Agency and the Dutchess County Industrial Development Agency V the

Dutchess County Legislature William R Steinhaus as County Executive ofDutchess CountyPaul P Calogerakis Patrick J Mcveigh Jr Reinaldo Diaz Jonathan B Smith Charles Daniels

Iii Henry Killian Phvlis Distaci Keenan David R Tetor andDanielKt1ftexvyltghess CountyIndex No 6951/2009 tU

SlKlEOFNPWYORK

aa WILLIAM R STEINHAUScouNIyoFnoTCIIF s COUNTY EXECUTIVEthis is ocertify dratI dse undersigned Clerk of theLcgistature of theCounty ofllutchcss have compared the foregoing resolution with

the original resolution now on file in the office ofsaid clerk and which was adopted by said

Leglslatregthe11 day of Pebmary 2010andtthatthesame is a true and correct teanserip of said original resolution and of the whole ther$ aU- t r

1N WITNESS WHEREOF I havehereunto set my hand and seal ofsid LegisJ3tuethis 1P

Discussion on the forgoing Resolution No 2010035 resulted as follows

Legislator Flesland moved to call the question duly seconded by Legislator Cooper and

carried by voice vote


AYES 17- Rolison Cooper Flesland Horn Borchert Sadowski RomanWeiss Bolner Incoronato Miccio Forman Traudt HutchingsThomes Surman Kelsey

ABSENT 7 -Goldberg Kuffner Doxsey White Jeter-Jackson Tyner MacAvery

ABSENT 1 -Horton

Resolution adopted

Budget Finance and Personnel

RESOLUTION N02010036

RE IN SUPPORT OF A JOINT APPLICATION WITH OTHER

MUNICIPALITIES TO THE NEW YORK STATE DEPARTMENT OF

STATES2009-2010 LOCAL GOVERNMENT EFFICIENCY GRANT

PROGRAM FORTHE PURPOSES OF SEEKING FUNDING FOR

GENERAL EFFICIENCY PLANNING GRANT TO ENTER INTO A

STUDY OF REGIONAL COLLABORATION AND SHARED SERVICES

WITH THE INTENT TO ACHIEVE COST SAVINGS AND ECONOMIES

OF SCALE

Legislators BORCHERT COOPER FLESLAND KUFFNER ROLISONSADOWSKI JR and Hutchings offer the following and move its adoption

WHEREAS the current economic crises at state and local levels makes collaboration and

shared services ahigh priority and necessity for continued operations especially when such

efforts and initiatives lead to cost savings economies of scale and reduced burdens on the

taxpayers and

WHEREAS many municipalities in the County of Dutchess share interest in studyinghow aregional approach to service delivery would lead to savings and otherefficiencies yet to be

demonstrated and have participated in several meetings to discuss the issue if shared services

given current and projected needs and

WHEREAS Patterns for Progress the regional planning agency has facilitated meetingsin which the County and many municipalities have been represented to explore regionalcollaboration among neighboring municipalities in which reducing costs through collaboration

and sharing has emerged as a top priority and

WHEREAS the Budget Finance and Personnel Committee has requested that Dutchess

County be authorized to submit a grant application to the New York State Department of States

2009-2010 for the Local Government Efficiency Grant Program for multi municipal generalefficiency planning grant and for Dutchess County to commit to share among municipalities the

ten 10 percent required cash match now therefore be it

RESOLVED that the County Executive on behalf ofDutchess County is herebyauthorized to apply for agrant from the New York State Department of State for Local

Government Efficiency Grant program in the General Efficiency Planning Grant category for the

purpose of funding astudy of cost savings and economies of scale resulting from shared

services and be it further

RESOLVED that Dutchess County will pay fifty 50 percent ofthe required ten

10 cash match with the local municipalities sharing equally with other participatingmunicipalities in the amount offifty 50 percent of the required ten 10 percent cash match

for the project and commits to a local contribution and be it further

RESOLVED that the County Executive is hereby authorized to execute any and all other

paper and agreements required in connection with such application subject to the review thereof

by the County Attorney for the purposes of form and content

APPROVED


Date G Zs/o

srrcrE orNEW voRx

COUNTY OFDO1CHESS

55

15ils is m certify that Ithe undersigned Clerkof the Legislature of the County of Dutchess havecompared the foregoing resolution with

theoriginal xesolvtivn nowon file in theoffice of said clerk and which was adopted by sa e aureon the t1s day of February 2010 and that the

same is a true and merect transcript of said original resolution and of the whole thereof

IN WITNESSWHEREOF I have hereunto set my hand and seal of saidIgislanthis 11th day of


AYES 24 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg HornHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAveryMiccio Robson Roman Sadowski Surman Thomes Traudt TynerWeiss White


Resolution adopted

Legislator KELSEY makes the following motion and moves for its adoption

Commendatiarz Expressing supportfor the Boy Scouts ofAmerica as they celebrate their 100th Anniversary

Whereas the Boy Scouts of America avolunteer organization centered on citizenship and character formation of young peoplewas incorporated by Chicago publisher William D Boyce on February 8 1910 after learning of the Scouting movement during a

visit to London and in 1916 the United States Congress granted he Boy Scouts of America a federal charter and

Whereas he Boy Scouts of America has and continues to live out its commitment to helping millions of youth succeed byproviding the support friendship and mentorng necessary to live a happy and fulfilling life and here have now been more than

111000000members of Scouting including currently2682 youth enrolled in Dutchess County and

Whereas he Boy Scouts of America endeavors to develop United Stales citizens who are physically mentally and emotionallyfit have a high degree of self-reliance as evidenced in such qualities as initiative courage and resourcefulness have personalvalues based on religious concepts have the desire and skills to help others and understand the principles of the United Slates

social economicand governmental systems take pride in their American heritage and understand ournations role in the worldhave akeen respect for the basic rights of all people and are prepared oparticipate in and give leadership to the American

society and

Whereas Scouting also offers co-educational programs known as Venturing and Exploring that provide youth with opportunitiesto pursue particular career paths or public services vocations including in Dutchess County two police cadet posts and seven fire

tighter posts and

Whereas Scouting emphasizes values of public service honesty loyalty and challenges boys to strive for excellence embodied

by the Eagle Scout rank which nationally over2 million Scouts have earned since Scoutingsinception and for which 39 Scouts

earned Eagle Scout in Dutchess County in 2009 and

Whereas the Scout Slogan teaches Scouts to do a goad turn daily and that each council commits each Scout to perform at least12 hours of community service yearly totaling more than30000000community service hours each year and

Whereas local Boy Scouting has made it a part of their program to annual stock food pantrieswith foodand toiletries to assistthe needy in our community thereby teaching young people from an early age to look out for the less fortunate in society and

Whereas theUS Congress has sought to recognize the 100- yeaz contributions of the Boy Scouts of America in serving our

communities and developing leaders by recognizing the scoutingscentennial by legislative decree now therefore be it

Resolved that upon their 100-year anniversary that the Dutchess County Legislature does hereby recognize the localcontributions of the Boy Scouts of America in making Dutchess County abetter place through their continual commitment to

service emphasis on values and investment in the future and hereby congratulate Boy Scouting on heir centennial milestone

Rcs No2UIUm9

5IAIROF NLVYORK

COW1YOFDU1OIESS

aa

1hie is m ceniyThat t Ibe undersigned Clekof the Legislnnue of the County of Umchesa have cnmpamd the fnre6ning msolmion rdrh die oridinnl maolmion nowon fJe in dieoffineofaald clerk anJwhicbwaadopmd by enid Leglslnmeon the Itth dayoFCbmnry 2010 and Ibxr Abe anme la a rme and mereeeo-anaeripc ofsaid original asolmion and of the wholethermf

IN GITNFSS GHFRCOF I hove hercunm acr my hmJ anJ sealof sdJ Legixiamre Ihis 1 Pday of Pchmary 2010

FAIiICIAJ HOHMANN CLEltIOFTHE LEGISLATUliE

Resolution No 2010037 entitled Expressing Support for the Boy Scouts ofAmerica as

they celebrate their 100th Anniversary was unanimously adopted by voice vote

Condolence Donald R Rice

The Dutchess County Legislature offers the following and moves its adoption

WHEREAS The Dutchess County Legislature has learned with sadness and regret of the recent death of Donald

R Rice on January 26 2010 at the age of 80 and

WHEREAS Donald R Rice was along-time Poughkeepsie resident born on May 24 1929 in Waterbury CT to

the late Samuel and Norma Cizdeck Rice and

WHEREAS Donald R Rice was a beloved husband father and grandfather and

WHEREAS Donald R Rice was a man who loved God and his Country and served both with honor and integrityand

WHEREAS Donald R Rice served in the USNavy from 946 - 1967 He served as a USNavy Sr Chief PettyOfficer and a Naval Recruiter for twenty-one years ofactive duty He was a WWII and Korean War Veteran who took partin four invasions during the Korean War and received a Purple Heart He was on the Maiden Voyage and a plank holder of

the USS Valley Forge on its maiden journey around the world cruise Donald was also part of the Astronaut RecoveryTeam and

WHEREAS Donald R Rice was a parishioner of Holy Trinity Church where he was a Eucharistic Minister and

WHEREAS Donald R Rice was very active on behalf of the Veterans in the area being the past exalted ruler of

theBPOE275 past post commander of the AmericanLegion Post 37 past vice commander of theNYSAmerican

Legion Post 70 member of the Military Academy Selection Committee for Congressman Hamilton Fish Jr a memberof

the Knights of Columbus 304 Florentine Council and Human Resources Planning Council and

WHEREAS Donald R Rice lived a full and accomplished life with many achievements to be proud of and

be it

WHEREAS his passing will be mourned by his family and friends throughout Dutchess County now therefore

RESOLVED that the Dutchess County Legislature on behalf of all the people of Dutchess County does herebyextend its deep sympathy and sincere condolences to the family and friends of the late Donald R Rice and be it further

RESOLVED that this meeting of the Dutchess County Legislature be adjourned in memory of the late Donald RRice12cs No 201003N5fA1liOP NFiWYOIIX

COUNITOPOUfCHESS

ss

iliain rccettiyIha 1 tlm nndeniLnmd Clerk of the Legisianue of the Cuntyof UUrchess Gave mmpaml the fonyoing resolmion wish fheorignal rcsolmion nommfde in the office of said clerk and whichas adopmd by said Lcynslamm un the t Ich Jay ofIebniary 2010 and ohm she someis a weend wcrcavnsarip oEavd udhnnil resolurion and of thewholerheawf -

IN CTINES5IXHERWP I have hercnnro scImy hand and scnl oFSnid Icytisimnre This it day ofPebmery 2010

PATRICIAJ iiOHMANN CLERK OP THE LEGISLATURE

Resolution No 2010038 entitled Condolence Donald R Rice was unanimouslyadopted by voice vote

pp At1gsrcttosjbtrd

F f LE

GOMMUNGATIONSFebruary 10 2010

Re Establishment ofPart County Sewer District No 6 located in theVillage and Town of

Red Hook Public Hearing rescheduled to Feb 11 2010 7 pm

To the Honorable Dutchess County Legislature

We the members ofthe Save Our Town Committee repzesenting the Town and Village ofRed

Hook appeal to you to NOT pass any legislation concerning a central sewage district in Red

Hook without more facts revealed to the community at large

The December 2009 engineers report prepared for the Dutchess County Water Wastewater

Authority specified contributing federal state and cowxty grants thereby making the proposalseem too good to pass up The report states that a Type I action was determined and anegativedeclaration was issued on April I5 2009 We feel that the taxpayers and residents of this

proposed sewage district were not fully informed ofthe potential immediate and future costs and

enviroiunental considerations associated with this proposal including the raising ofrental fees to

marginalized individuals

The properly owners never received a certified registered letter as required wader the State

Environmental Quality Review Act SEQRA process The owners were purposely excluded from

the full disclosure of the facts prior to the mapping and presentation of the proposed sewer

district We feel this exclusionary tactic to be undemocratic and not the intention ofthe SEQRA

process

Please address our concerns before voting on this issue

Sincerely

Rosemarie Zengen SpokespersonSave Our Town Committee

7310 South BroadwayRed Hook NY 12571

On mofion by Legislator Cooper duly seconded by Legislator Flesland and carried theRules were suspended to allow the public to address the Legislature on agenda and non

agenda items

No one wishing to speak on motion by Legislator Cooper duly seconded by LegislatorFlesland and carried the Regular Order of Business was resumed

On motion by Legislator Cooper duly seconded by Legislator Flesland and carried the

meeting was adjourned in memory ofDonald R Rice at 1045pm subject to call of the

Chair

Documents

Legislature pm - Dutchess County · Regular Meeting ofthe Dutchess County Legislature Thursday February 11 2010 The Clerk ofLegislaturecalled themeeting to orderat700pm Roll Callby