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Regular Meeting of the Dutchess County Legislature Monday January 25 2010 The Clerk of Legislature called the meeting to order at 7 00 p m Roll Call by the Clerk of the Legislature PRESENT 25 Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn Horton Hutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery Miccio Rolison Roman Sadowski Surman Thomes Traudt Tyner Weiss White ABSENT Quorum Present Pledge of Allegiance to the Flag invocation by Father John Bida of hnmaculate Conception Church in Bangall New York followed by a moment of silent meditation 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 Constantine Kozolias City of Poughkeepsie New York spoke in favor of Resolution No 2010012 entitled Repealing an exemption from sales and compensating use taxes for receipts from retail sales of and consideration given or contracted to be given for certain clothing and footwear pursuant to the authority of Article 29 of the Tax Law of the State of New York No one else wishing to be heard the Chairman entertained a motion from the floor duly seconded to resume the regular order of business Chairman Rolison entertained a motion to approve the minutes of January 5 2010 Legislator Goldberg moved to amend the attached roll call sheet to Resolution No 2010001 recorded by the previous Clerk to reflect the actual vote of three nays and two abstentions duly seconded by Legislator Cooper and unanimously carried Legislator Goldberg moved to amend the attached roll call sheet to Resolution No 2010002 recorded by the previous Clerk to reflect the actual vote of three nays and two abstentions duly seconded by Legislator Cooper and unanimously carried

County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

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Page 1: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Regular Meeting

of the

Dutchess County Legislature

Monday January 25 2010

The Clerk ofLegislature called the meeting to order at700pm

Roll Call by the Clerk of the Legislature

PRESENT 25 Bolner Borchert Cooper Doxsey Flesland Forman Goldberg HornHorton Hutchings Incoronato Jeter-Jackson Kelsey KuffnerMacAvery Miccio Rolison Roman Sadowski Surman ThomesTraudt Tyner Weiss White

ABSENT

Quorum Present

Pledge of Allegiance to the Flag invocation by Father John Bida ofhnmaculate ConceptionChurch in Bangall New York followed by amoment ofsilent meditation

The Chairman entertained amotion 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

Constantine Kozolias City ofPoughkeepsie New York spoke in favor ofResolution No

2010012 entitled Repealing an exemption from sales and compensating use taxes for

receipts from retail sales of and consideration given or contracted to be given for certain

clothing and footwear pursuant to the authority of Article 29 of the Tax Law of the State

ofNew York

No one else wishing to be heard the Chairman entertained a motion from the floor dulyseconded to resume the regular order of business

Chairman Rolison entertained amotion to approve the minutes of January 5 2010

Legislator Goldberg moved to amend the attached roll call sheet to Resolution No 2010001

recorded by the previous Clerk to reflect the actual vote of three nays and two abstentions

duly seconded by Legislator Cooper and unanimously carried

Legislator Goldberg moved to amend the attached roll call sheet to Resolution No 2010002

recorded by the previous Clerk to reflect the actual vote of three nays and two abstentions

duly seconded by Legislator Cooper and unanimously carried

Page 2: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

COMMUNICATIONS RECEIVED FOR THE JANUARY 2010 BOARD MEETING

RECEIVED Memo received January 19 2010 from Commissioners of Board of

Elections Knapp and Gamache certifying Expenses of Board of Elections for 2008

RECEIVED Minutes of LEICC Meeting held on September 28 2009

RECEIVED Letter from Virginia Buechele on January 5 2010 regarding oppositionto the release of HUD Funds for Pendell Commons/Kearney Realty DevelopmentTown of Poughkeepsie Dutchess County New York

RECEIVED January 7 2010 Notice of Public Statement Hearings on Central

Hudson Gas Electric CorporationsProposal to Increase Electric and Gas Rates

RECEIVED Audits from Comptroller Diane Jablonksi

December 29 2009 Dutchess County Department of Central Services

December 29 2009 Department of Probation and Community Corrections

December 29 2009 Dutchess County Department of Health for period 2006-2008

December 30 2009 Dutchess County Economic Development CorporationJanuary 1 2008 -December 31 2008

December 30 2009 Dutchess County Department of Public Works -Parks Division

January 1 2008 -December 31 2008

RECEIVED Memo received January 25 2010 form Linda S Way Director of Risk

Management regarding Health Insurance Contributions

Page 3: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

The prior monthsmeeting minutes were approved as amended

2

Page 4: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Commendation Patrick Massaroni

Legislator KUFFNER offers the following and moves its adoption

WHEREAS this past Summer Patrick Massaroni was enjoying time with his friends at a beach house on

the Jersey Shore and

WHEREAS on July 19th Patrick was awakened at 500 am to the sounds of smoke alarms and saw the

flames not 12 feet from him and

WHEREAS Patrick reacted quickly and got himself safely out of the house and

WHEREAS once outside and out ofdanger himself Patrick realized that many of his friends were still in

the house and in great danger and

and

WHEREAS without hesitating Patrick ran back into the house to save his friends who remained inside

WHEREAS at great hazard to himself Patrick made a total three trips into the burning house and

WHEREAS as a result of his efforts several ofhis friends survived the fire and

WHEREAS Patrick paid a great price for his bravery and had to be medevacked to the hospital with first

and second degree burns to his back arm and leg and severe smoke inhalation and

WHEREAS Patrick is now back for his senior year at Marist and although he is still recovering from his

injuries he is back to his regular routine and on track to graduate and pursue his mastersdegree in sportscommunication now therefore be it

RESOLVED that the Dutchess County Legislature commends Patrick Massaroni for his bravery his

selflessness and his sacrifice and offers him best wishes as he completes his college career and pursues his dreams

and his goalsRes No 2010010

STATE OFNHW YORK ss

COUNTY OFDllTCHF55

this is to mttiEy that Ithe undusigned Clerkof the Izgislatnre of the County of Dutchess havecompared the foregoing resolution withthe origgnalresolution now on Ete in the office of said clerk and which was adopted by said Legislature on the 25th day of Januaty 2010 and that thesame is a true and eoxeeet

tmnsnipt of said original resolution and of the whole thereof

IN WITNESS WHEREOF I have hereunto set my hand and seal of said Legislature this 25aday ofJanuary 2010

pATRiCIA J HOHMANN CIFRKOP1HELEGISLATURE

Page 5: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Resolution No 2010010 entitled Commendation Patrick Massaroni was unanimouslyadopted by voice vote

Page 6: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

REVISED 1-20-10 cm Pulled by Chairman 1-25-10Pulled by Budget Finance and Personnel Committee Chairman

RESOLUTION NO 2010011

RE HOME RULE REQUEST -RESOLUTION URGING

NEW YORK STATE LEGISLATURE TO APPROVESENATE BILL S4040 AND ASSEMBLY BILL A8780A

ENTITLED AN ACT TO AMEND CHAPTER 558OF THE LAWS OF 2007 AMENDING THE TAX LAWRELATING TO THE MORTGAGE RECORDING TAXIMPOSED IN DUTCHESS COUNTY IN RELATIONTO EXTENDING THE EFFECTIVENESS OF SUCH

PROVISIONS

Legislators MICCIO ROLISON and BORCHERT offer the following and move its

adoption

WHEREAS the Legislature adopted Resolution No 209035 which requested theState Legislature to enact legislation to permit Dutchess County to extend the increased

mortgage recording tax rate as previously authorized at twenty-five cents fox each $10000and

WHEREAS the New York State Legislature has drafted Senate Bill 54040 and

Assembly Bill A8780A to authorize and empower the County ofDutchess to adopt andamend local laws ordinances ox resolutions extending a mortgage tax of twenty-five cents

fox each $10000 and each remaining fraction thereoffor an additional period endingNovember 30 2011 now therefore be it

RESOLVED that the Dutchess County Legislature hereby respectfully requests the

New York State Legislature submit fox final consideration and approval aHome Rule

request for the 2009 legislative session authorizing the County ofDutchess to enact a LocalLaw to extend the increased mortgage recording tax rate as previously authorized at twenty-five cents for each $10000 and each remaining major fraction thereof to be used for Countypurposes through November 30 2011 and be it further

RESOLVED that the enabling legislation be in form and content as Senate Bill

54040 and Assembly Bill A8780A and be it further

RESOLVED that the Clerk of this Legislature is hereby authorized and directed to

forward the appropriate number of copies of this Resolution and Home Rule Request form

and the appropriate transmittal letters to each house of the New York State Legislature

STATE OF NEWYORK

COUNTY OF DUTCHESS

as

This is to certify that I the undeesigned Clerk ofthe LcydsIaNeeof the County of Dutchess havecompattd the foregoingresolution with the original resolution now on file inthe offce of said clerk and which was adopted by said Lebdslature on the 25day of

January 2010 and that the same is a true and correct transcript of said original resolution and ofthe whole dicxcof

INW1TESS WHEREOF I have hereunto set my hand and seal ofsaid Legislature this 25TH dayofanuary 2010

PATItICIAIHOHMANN CLERKOE THE LEGISLATURE

Page 7: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Resolution No 2010011 was pulled by the Budget Finance Committee Chairman

4

Page 8: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Budget Finance and Personnel

RESOLUTION N02010012

RE REPEALING AN EXEMPTION FROM SALES AND COMPENSATING USE TAXESFOR RECEIPTS FROM RETAIL SALES OF AND CONSIDERATION GIVEN OR

CONTRACTED TO BE GIVEN FOR CERTAIN CLOTHING AND FOOIWFARPURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE

STATE OF NEWYORK

Legislators MICCIO ROLISON and BORCHERT offer the following and move its

adoption

BE it enacted by the Legislature ofthe County ofDutchess as follows

SECTION 1 Subdivision j of section six of Resolution No 598 of 1975 as amended is

hereby REPEALED

SECTION 2 This resolution shall take effect March 1 2010 and shall apply in accordancewith applicable transitional provisions ofthe New York Tax Law

57ATI3 OP NEW YOlilC

ss

COUNTY OFDUfCHESS

This is m certify that I the undersigned Clcrk ofthe Legislature of theCounty of Dutchess havecompared the foregoing resolution with he originalresolution nomon fde in the officeof said dezk and which was adopted by said Ixgislaturc on the 25 day ofJanuary 2010 and that the same is a tme and mzrect

transcript of said original resoludon and of the whole themof

INRl1JLSSWHEREOF I have hereunto set my hand and seal of sadIxgi a xe this 25 day f nuary 010

ff//////////A H C E OFT LTiIs1ATURF

Page 9: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

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Page 20: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

STATE OF NEW YORKDEPARTMENT OF TAXATION AND FINANCE

OFFICE OF COUNSEL

WA HARRIMAN CAMPUS

ALBANY NY 72227

Daniel SmlrlockDeputy Commlasbner and Counsel

February 3 2010

Ronald LWozniak EsqDutchess County Attorney22 Market Street

Poughkeepsie NY 12601

ReResolution No 2010012 -Repealing Clothing and Footwear ExemptionOur File NoL-19686

Dear Mr Wozniak

You advised Bruce Kantor and Patricia Ahasic Pinto ofthis Department of the following in a

telephone conversation on February 1 2010 The Dutchess County Legislature passedResolution No 2010012 on January 25 2010 PatriciaHohmann Clerk ofthe Dutchess CountyLogislature delivered the resolution fo William 5teinhaus Dutchess County Executive on

January 26 201 Q for his action The CountyExecutive returned the resolution to the CountyLegislature unsigned but not vetoed on January 26 2010 You indicated it was youropinionthat ResolutionNo 2010012 was therefore enacted on January 26 2010 when the CountyExecutive returned itto the County Legislature unsigned but not vetoed

Please confirm these facts in writing by February 4 2010 Please also confirm that it is your

official opinion that Resolution No 2010012 wasduly enacted by the County Legislature and

Executive on January 26 2010 and that it should be given full force and effect We must

receive your written confirmation before we forward the resolution and the countys waiver

request to the Acting Commissioner ofTaxation and Finance for consideration Please email

your writtenopinion to Bruce Kastor Esq of the Office ofCounsel at

BruceKastor@taxstatenyuswith the hard copy to followbyUSPostal Service

Page 21: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Ronald LWozniak Esq February 3 2010

Please call Mr Kastor at 518 457-8744 ifyou have any questions Thank you

Very truly yours

DANIEL SMIRLOCK

De//putyCommirsspnionerand Counsel

by

dliLtilc-cBRUCE KASTORAssociate Attorney

cc William Steinhaus Dutchess County ExecutivePatricia Hohmann Clerk ofthe Dutchess County LegislatureScott Volkman Counsel to the Dutchess CountyLegislature

Page 22: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Febnlary 4 2010

Dutoheeaooanty

Attorney

Vaanm RSlcluhnus

Comely 8xecudve

ounlrl rWonOnk

CoungARomny

Anlhouy-oRose ChiofAssisiaul

22

Market Sheet Poughkeepsie

NewYork 12G01

8a5

a8G-2110Paxsas ass-zooz Scrrico

by fnesbnlleor enmilIs

not ncceptedas

i

K i

i AVIA

LiSIvIAH ANDEri4AlItoBruce KastortaxstatenyusBruce

Kastor Associate AttorneyStateofNew York Department

of Taxation and Finance OfficeofCounsel W

A Harriman Campus AlbanyNY 12227 Re

Resolution No 2010012 -Repealing Clotiringand Footwear Exemption YotuFile No L-19686 OurFile No G-0847 Doar

Mr Kastor As

tite Dntehess Gounty AttorneyIam responding to yotu a-mail letter dated February

32010 The

Dutchess County Legislature passed Resolution No 2010012 onJanuary 25 2010Patricia Hohmann Clerk of the Dutchess Cormty Legislahuedelivered the Resolution

toWilliam RSteinhaus Dutchess County Executive on January 26 20L0 forhis action The County Executive returned the Resolution tothe County Legislature unsignedbutnot vetoed on January 26 2010It

is my official opinion as Dutchess County Attorney that Resolution No 2010012was duty enacted by the County Legisiattueand County Executive onJanuary 262010 and it should be given full force and effect very

truly y-tuscGUa

--RONALDLWOZNIAK County Attorney

eWilliam

R Steinhaus County Executive Patt3cia HohmannClerkDCLegislature Scott VolkmanCotmsel DCLegislature Daniel SmirlockDeputy Commissioner and Counsel hkkp xvvrvi

4rrtcheaanyov

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THOMAS P DiNAPOLISTATE COMPTROLLER

ezcesmx

STATE OF NEW YORK

OFFICE OF THE STATE COMPTROLLER

1 t0 STATE STREET

ALBANY NEW YORK 12236 -

February 11 2010

Patricia Hohmann

Clerk of the LegislatureDutchess County Legislature22 Market Street

Poughkeepsie New York 12601

Re

Dear Ms Hugo

LUK-L1rESLt9CeTGENERAL COUNSEL

HELENMFANSHAWEDEPUTY COUNSEL

County of DutchessResolution No 209303

This is to acknowledge receipt on February 10 2010 of acertified copy of a

resolution from the County of Dutchess concerning a sales and use tax which was filed bythe County of Dutchess pursuant to section 1210eof the Tax Law In acknowledgingreceipt we express no opinion as to the validity or effect of actions taken by the county in

connection with this resolution

Thank you for your cooperation

Very trulyyours

lMitchell S Morris

Associate Counsel

MSMEMM

cc Steve Fountain

-abp

r

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THOMAS P DiNAPOLl LIJIC1EitSTATE COMPTROLLER GENERAL COUNSEL

HELEN MFANSHAWEDEPUTY COUNSEL

STATE OF NEW YORK

OFFICEOF THE STATE COMPTROLLER- I10 STATE STREET

ALBANY NEW YORK 12236

February 11 2010

l

Patricia HohmannClerk ofthe LegislatureDutchess County Legislature22 Market StreetPoughkeepsie New York 12601

Re CountyofDutchessResolution No 209303

Dear Ms Hugo

This is to acknowledge receipf on February 10 2010 ofa certified copy of a

resolution from the County ofDutchess concerning a sales and use tax which was filedbythe County of Dutchess pursuant ko section 1210eof the Tax Law In acknowledgingreceipt we express no opinion as to the validity or effect of actions taken by the county in

connection with this resolution

Thank you for your cooperation

Very truly

yorurrys/Mitchell S Morris

Associate Counsel

MSMEMM

cc Steve Fountain

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Family and Human Services

RESOLUTION NO 2010013

RE AUTHORIZING ACCEPTANCE OF FUNDING UNDER THE

WORKFORCE INVESTMENT ACT OF 1998 AND THE TRADE

ADJUSTMENT ASSISTANCE ACT

LEGISLATORS HORN FLESLAND HORTON and KELSEY offer the

following and move its adoption

WHEREAS the United States Congress enacted the Workforce Investment Act of

1998 WIA and the Trade Adjustment Assistance TAA Program to provide the framework for

a unique workforce preparation and employment system designed to meet both the needs of

businesses and the needs ofjob seekers and those who want to further their careers and

WHEREAS the New York State Department of Labor has provided allocations to

Dutchess County for the operation of FY 2009 TAA funding for the period 10/01/08 through9/30/11 and for the operation of and PY09 Title 1B Statewide Incentives for the period 12/10/09

through 06/09/10 now therefore be it

RESOLVED that the Commissioner of Finance be and hereby is authorizedempowered and directed to accept funding under the above WIA Programs and amend the

following accounts

APPROPRIATIONS

Increase Decrease

PY 2009

CD629220094816 T-1B Statewide Incentive $ 9268FY2009

CD629220094813 TAA Participant Funding 306763 44

REVENUES

Increase Decrease

PY 2009

CD629220094791024 T-1B Statewide Incentive $ 9268FY 2009

CD629220094791022 TAA Participant Funding 306763 44

APPROVEDCA-14-10 RA/ca/G-1263 1/13/10 Fiscal Impact See attached sta ement

WILL AM R STEINHAUSCOUNTY E XECUTIVE

S1ArE OP NPWYORK

SS

Date -acooNTY or nuTCHrss

This is to certify that I the undereigned Clerk of the Leslahuc of the County ofDutehess have compared the foregoing resolution with

the original resolution now on file in the office ofsaid clerk and whichwas adopted egislaure on the 25 day ofJanuary 010 and that the

same is a Isue and correct transcript osaid original msolution and of thewhole t reoE

iN WITNESS WI IEREOE I hnve hercunm se my hnnd and seal ol said Legisure this 25

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FISCAL IMPACT STATEMENT

NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONSTo be completedby requesting department

Total Current Year Cost $ 39944

Total Current Year Revenue $ 39944

and Source

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

Identify Line Itemss

Related Expenses Amount $Nature/Reason

Anticipated Savings to County

Net County Cost this yearOver Five Years

Additional Comments/Explanation

Prepared by Richard Altman -- Executive Director Dutchess County Workforce Investment Board

utpdf

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N

Fa

sEnt

New York State Department of Labor

David A Paterson Governor

M Patricia Smith Commissioner

November 24 2009

Mr William R Steinhaus

County ExecutiveDutchess CountyDutchess County Office Building22 Market Street 6th FloorPoughkeepsie New York 12601

Dear Mr Steinhaus

The Local Workforce Investment Board of Dutchess County has submitted requests forfunds to support the individual training plans under the Trade Adjustment Assistance ProgramTAA in accordance with New York State Department of labor NYSDOL Technical AdvisoryTA046 dated May 18 2004

The NYSDOL Workforce Development and Training Division has been reviewing the

requests for funding submitted and as a result is issuing a change to the LWIAs Notice ofObligational Authority NOA for the attached list of new individual training plan funds approvedand any changes to previously approved awarded individual training plan funds

The attached NOAsalong wiih a complete list of approved individual funding requestsby petition number supports these changes As a reminder the funds awarded to the LWIAunder this training program maybe expended only for the training costs identified in the

approved training plans for the individuals listed and must be reported to NYSDOL by the LWIAon a monthly basis In the event training does not occur or the final costs are less thanrequested the funds remaining unexpended will be deobligated and are not available for theLWIAs use

Questions concerning the TAA program can be e-mailed to the NYSDOL at

WDTDTAAnalaborstatenvusQuestions concerning the NOA or reporting of the expendituresshould be directed to Sharie FitrGibbon via phone at 518 457-9060 or via a-mail at

SharieFitrGibbonallabocstatenvus

Sincerely

Karen A Coleman

Director Division of Employmentand Workforce Solutions

Attachmentscc Ms Corinna C Wu

Ms Carrie Aubertine -State RepMr Richard Altman

Mr Joe Lowenstein

wwwlaborstatenyus

Phone 518457-0380 Fax 518457-9526W Austell Harriman State Office Campus Building 12 Room 450 Albany NY 12240

KarenColemanlaborstalenyus

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NOTICE OFOBLIGATIONALAUTHORITY LWIA60 NOAi1fY09- 8

LWIA Dutchess County GRANTOR The Governor of New York throughGrantee the New York State Departrnent

William R Steinhaus of Labor

County Executive Dutchess County

This NOA authorizes Program Year 2009 funding for fhe period1001108through 09/30t11 j

NYSDOI Contact Carrie Aubertine TELEPHONE 518j 457-0239

TAA

GRANT PRIOR LEVEL CHANGE THIS NOA NEW LEVEL

Training $23011975 $964800 $23981775

Job Relocation $000 $000 $000

Job Seareh $000 $000 $000

ApprovedbytmY

1124/09KarenA ColemanDirectorDivision of Employment and Workforce Solutions

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N

ea New York State Department of Labor

David A Paterson Governor

M Patrtcla Smith Commissioner

December 7 2009

Mr William R Steinhaus

County ExecutiveDutchess CountyDutchess County Office Building22 Market Street 6th Floor

Poughkeepsie New York 12601

Dear Mr Steinhaus

The Local Workforce Investment Board of Dutchess County has submitted requests for

funds to support the individual training plans under the Trade Adjustment Assistance ProgramTAA in accordance with New York State Department of Labor NYSDOL Technical AdvisoryTA04-6 dated May 18 2004

The NYSDOL Workforce Development and Training Division has been reviewing the

requests for funding submitted and as a result is issuing a change to the LWIAs Notice of

Obligational Authority NOA for the attached list of new individual training plan funds approvedand any changes to previously approved awarded individual training plan funds

The attached NOAsalong with a complete list of approved individual funding requestsby petition number supports these changes As a reminder the funds awarded to the LWIA

under this training program may be expended only for the training costs identified in theapproved training plans for the individuals listed and must be reported to NYSDOL by the LWIAon a monthly basis In the event training does not occur or the final costs are less thanrequested the funds remaining unexpended will be deobligated and are not available for the

LWIAs use

Questions concerning the TAA program can be e-mailed to the NYSDOL atWOTDTAAalaborstatenvusQuestions concerning the NOA or reporting of the expendituresshould be directed to Sharie FitzGibbon via phone at 518 457-9060 or via a-mail atSharieFitzGibbonnolaborstatenvus

Sincerely

r //t-

Karen A Coleman

Director Division of Employmentand Workforce Solutions

Attachmentscc Ms Corinna C Wu

Ms Carrie Aubertine -State RepMr Richard AltmanMr Joe Lowenstein

Phone 518457-0380 Fax 5184579528W Averell Harriman State Office Campus Building 12 Room 450 Albany NY 12240

wwwlaborstatenyus KarenColemanalaborstatenyus

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NOTICE OFOBLIGATIONALAUTHORITY LWIA60 NOAffFY09- 9

LWIA Dutchass County GRANTOR The Governor of New York throughGrantee the New York State Department

William R Steinheus ofLaborCounty Executive Dutchess County

This NOA authorizes Program Year2009 funding for the period 10/01/08through 09130/11

NYSDOL Contact Came AubeAine TELEPHONE 516j 457-0239

TAA

GRANT PRIOR LEVEL CHANGE THIS NOA NEW LEVEL

Training $23981775 $2097800 $26079575

Job Relocation $000 $000 $000

Job Search $000 $000 $000

Approved -/ /by o 12107/09

Karen A ColemanDirectorDivlsioh of Empbyment and Workforce SoluOons

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N

Pa ANew York State Department of LaborDavid A Paterson Governor

M Patricia Smitb CommissionerNT

December 10 2009

Mr William R Steinhaus

County ExecutiveDutchess CountyDuichess County Office Building22 Market Street 6th FloorPoughkeepsie New York 12601

Re WIA PY 2008 Incentive Award

Dear Mr Steinhaus

The New York State Department of Labor NYSDOL has approved the Local AreasWorkforce Investment Act Title 1-B Program PY 2008 Incentive Grant Plan submitted inaccordance with Workforce Development System Technical Advisory 8-7 datedOctober 24 2008

Accordingly attached is a Notice of Obligational Authority NOA in the amount of

$926703 to be expended on the activities as specified in the Incentive Grant Plan These

Incentive funds must be fully expended by June 13 2010 or the funds will be subject to

recapture Please note that formula fund expenditures cannot be transferred to this IncentiveAward Furthermore the sustainability of the approved incentive plan activities beyond thisgrant period cannot be assured by the State or the Department of labor

Additionally if the Local Areas incentive plan includes items which require advancewritten approval such approval must be granted prior to the expenditure being incurred The

Division of Employment and Workforce Solutions staff will be monitoring the activities outcomes

and expenditures reported against the approved incentive plan simultaneously we will be

monitoring local expenditures for its formula funding to ensure reasonable compliance with

USOOL ETA Fund Utilization Rate Report

Once again congratulations in reaching your performance milestones I look forward to

continuing to work with your local area in providing exemplary service to your region Pleasefeel free to contact me if you have any questions

SincerelyL-

Karen A ColemanDirector Division ofEmploymentand Workforce Solutions

Attachmentcc Ms Corinna C Wu

Ms Came Aubertine -State RepMr Richard AltmanMr Joe Lowenstein

Phane 518A570380 Fax 518457-9526WAverell Harriman State Office Campus Building 12 Room 450 Albany NY 12240

wwwlaborstatenyus KarenCalemanQiabocstatenyus

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NOTICR OP OBLIOATIONAL AUTHORITY LNZAq 60 NOA gPYO9- 6

LNIA DOCChaBB COmty ORAN1OR The gOVaYpar of New Yotk throughOrmtees the NOM Yoik State DepartmmC

Nilliam R Stainhaue of Labor

County Bxecutive Dutchma Covnty

7710 NOA authorises Program Yeat 7009 fording for the yariod 07/01/09Chiough 6/30/11 exceyt Youth 04/01/09 thrmgh 6/30/11BCptawl6a Activities Incmtiva Ormt$9767012/1009 through 06/09/10

NYSDOL Contacts Carrie Aubertlna

RIA

ORANT PAIOR LHYBL

CPDAq 17259T-IB Youth

CPDAq 377583725917760T1H Admin

cfvAq 177seT-1H Adult

CPDAq 17760T-iB D193oCated Norket

CPDAq177581725917760T-30 Statewide Aetiv1t188Incentive Orant

$40303170

$17457150

S33131ao

543494360

$000

THLHPNONBi 513 457-0739

CHANOB THIS NOA NHFi LHVBL

$000 $400170

5000 $17457150

5000 $30338170

$000 541494360

5976703 $976703

AppYwed bys 1CVim lz/l0/o9Raren A ColemmDiractoxDivioian of Bmploymmt and NockorceSolutimo

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Roll call vote on the foregoing Resolution No 2010013 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRolison Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

Page 34: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

RESOLUTION NO 2010014

Public Safety

RE AUTHORIZING GRANT AGREEMENT WITH NEW YORK STATEDIVISION OF CRIMINAL JUSTICE SERVICES ANDAMENDING THE2010 ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE

SHERIFFA311025

Legislators FLESLAND HORTON WEISS ROMAN MICCIO and ROLISON offerthe following and move its adoption

WHEREAS the Sheriff has advised that the New York State Division of CriminalJustice Services has awarded the County two legislative grants TM99287 in the sum of $10000 and

TM99288 in the sum of$2000 to purchase an electronic message board equipped with radar and

WHEREAS the grants cover the period 1/1/10 through 12/31/10 and

WHEREAS it is necessary for this Legislature to authorize the execution of the grantagreements and to amend the 2010 Adopted County Budget to accept such funds and provide for the

receipt and expenditure of said funds now therefore be it

RESOLVED that this Legislature hereby authorizes the County Executive to accept the

grant awards from the New York State Division of Criminal Justice Services in connection with theabove project and further authorizes and empowers the County Executive to execute said grantagreements on behalf ofthe County of Dutchess and be it further

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

APPROPRIATIONS

Increase

A311025250005 Other Equipment 12 000

REVENUES

IncreaseA3110253089014 State Aid 12 0

CA-07-10 KPB/ca/C-6712-AA C-6712-BB 1/12/10 Fiscal Impact See attached statement

/JAPPROVEDSTATE OF NEW YORK /i//-4ss

/

COUNTY OF llUTCHESS

WILLIAM R STEINHAUSTltis is to certify that Ithe undeesigned Clerkof the Iwbislature of the County ofIutcheseMktyftedHteppIetionwith the originat

xesolution nowon file in the office of said dexk and which was adopted by said Ixgislatuee nn the25 da of anuary 1Q an at the same is a true andcorrect trnnscript of said original xesolution and ofthe whole thereof

OIN WITNESSWHLliEOP 7 have hereunto set my hand and sent f saidI

-

thi d of a t/

Page 35: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

FISCAL IMPACT STATEMENT

NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONSTo be completed by requesting department

Total Current Year Cost $

Total Current Year Revenue $ 12000

and Source

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

Identify Line ItemssA311025250005a31102530890

Related Expenses Amount $Nature/Reason

Grant Award for $12000 to purchase electronic message board with radar

Anticipated Savings to County

Net County Cost this yearOver Five Years

Additional Comments/ExplanationThe Sheriffs Office has been awarded two Legislative Grants TM99287 in the amount of$10000 and TM99288 in the

amount of $2000 Combined the two Grants will purchase and electronic message board equipped with radar Resolution

requesting acceptance and signature to both Grants by the County Executive and amendment ofthe Sheriffs 2010

Budget Appropriation lineA311025250005in the amount of$12000 as well as amendment to the Revenue Line -

State AidA31102530890

Prepared by Maureen Sarigianis

DvLptlf

Page 36: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

From dcjssmmvtpmailtodcjsmvtp@dcjsstatenyusSent Friday January 08 2010 117 PM

To Monaco Robert A

Cc countyexecSubject Executed Contract Letter for Dutchess County SheriffsOffice

RE DCJS LG09099287 -Traffic Control

Dear Deputy Sheriff Monaco

The above mentioned grant contract is fully executed between the Division of Criminal Justice

Services DCJS and your organization The terms and conditions of the agreement should be carefullyreviewed online in the GMS system If you would like to view and print the entire contract click on the

Acceptance Tab scroll down and click on Click here to view the Award Contract PDFJ

As outlined in the contract you are required to submit vouchers and fiscal cost reports for each

month of the contract period or quarterly as described in Appendix C of your contract All vouchers and

fiscal cost reports must be submitted in triplicate to the DC15 Finance Office at the above address

Payment vouchers are available for download athttp//criminaliusticestatenvus/ofpa/formshtm

Your Fiscal Cost Reports FCRs may be completed online via the new DCJS Grants Management System

GMS then printed for signatures and mailed NOTE If you have notyet registered for the GMS

System please visithttp//criminaliusticestatenyus/ofpa/amshtmfor aregistration form and user

information In addition please note that a separate fiscal ledger which accurately details the

disbursement and expenditure of these grant funds must be maintained by you for audit purposes

The contract also requires the submission of quarterly progress reports as outlined in AppendixAl of your contract which describe and document the operation of this project The quarterly reportformat has been designed to collect information that is essential in properly evaluating the progress of

your program in relation to the goals objectives tasks and performance measuresspecified in your

contract Quarterly reports must be completed online via the GMS System You are not required to

print or mail these reports Additionally you should note that if your contract has a retroactive start

date you may have reports that are currently overdue These reports must be submitted within 15

days of receipt of this letter or a stop paymentwill be placed on your contract

Page 37: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

If you have an equipment line in your contract please update all inventory received to the

Property Module of the GMS system You may if you wish print a hardcopy version of your grant

equipment inventory for your files Additionally if a Budget Amendment/Contract Extension is needed

for your program please use the Budget Amendment/Contract Extension forms available for download

at the above noted Website address

Failure to comply with the provisions of this contract or to submit the required progress reportswill result in the rejection of vouchers submitted by your agency

If you have any questions concerning the contract or should you require technical assistance

concerning the operation ofyour project please call Paul Chesley at 5184575919

Fundingcc Honorable William R Steinhaus County Executive

This e-mail including any attachments may be confidential priviEeged orotharvvise legally protected It is intended only far the addressee Ifi

you received this e-mai in error orfrom someone who was not authorized to send it to yau do notdisseminate copy orotherwise use this e-

mail or its attachments Please notify the sender immediately by reply e-mail 2nd delete the e-mai from yoursystem

Page 38: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

From dcjssmmvtpmailtodcjsmvtp@dcjsstatenyusSent Friday January 08 2010 121 PM

To Monaco Robert A

Cc countyexecSubject Executed Contract Letter for Dutchess County Sheriffs Office

RE DCJS - LG09099288 -Traffic Control Message Board

Dear Deputy Sheriff Monaco

The above mentioned grant contract is fully executed between the Division of Criminal Justice

Services DCJS and your organization The terms and conditions of the agreement should be carefullyreviewed online in the GMS system If you would like to view and print the entire contract click on the

Acceptance Tab scroll down and click on Click here to view the Award Contract PDFJ

As outlined in the contract you are required to submit vouchers and fiscal cost reports for each

month of the contract period or quarterly as described in Appendix C of your contract All vouchers and

fiscal cost reports must be submitted in triplicate to the DCJS Finance Office at the above address

Payment vouchers are available for download athtto//criminaliusticestatenvus/ofna/formshtm

Your Fiscal Cost Reports FCRs may be completed online via the new DCJS Grants Management System

GMS then printed for signatures and mailed NOTE If you have not yet registered for the GMS

System please visithttp//criminaliusticestatenyus/ofpa/amshtmfor a registration form and user

information In addition please note that a separate fiscal ledger which accurately details the

disbursement and expenditure of these grant funds must be maintained by you for audit purposes

The contract also requires the submission of quarterly progress reports as outlined in AppendixAl of your contract which describe and document the operation of this project The quarterly reportformat has been designed to collect information that is essential in properly evaluating the progress of

your program in relation to the goals objectives tasks and performance measures specified in your

contract Quarterly reports must be completed online via the GMS System You are not required to

print or mail these reports Additionally you should note that if your contract has a retroactive start

date you may have reports that are currently overdue These reports must be submitted within 15

days of receipt of this letter or a stop payment will be placed on your contract

Page 39: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

If you have an equipment line in your contract please update all inventory received to the

Property Module of the GMS system You may if you wish print a hardcopy version of your grant

equipment inventory for your files Additionally if a Budget Amendment/Contract Extension is needed

for your program please use the Budget Amendment/Contract Extension forms available for download

at the above noted Website address

Failure to comply with the provisions of this contract or to submit the required progress reportswill result in the rejection of vouchers submitted by your agency

If you have any questions concerning the contract or should you require technical assistance

concerning the operation of your project please call Paul Chesley at5184575919

Funding

cc Honorable William R Steinhaus County Executive

This e-mail including anyatachmenks may be confdentiai privileged orotlfcrwisa Eegalty protected It is intended only far the addressee If

you received thise-mail in error or fmm someone who was not aufhorized to send it to you da not disseminate copy orothervise usa this e-

mail arits attachments Please notify the sender immediately by repty e-mail and delete the e-mail from yoursystem

Page 40: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Roll call vote on the foregoing Resolution No 2010014 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn Horton

Hutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRolison Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

Page 41: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Public SafetyRESOLUTION NO 2010015

RE AUTHORIZING PAYMENT OF 2009 UNENCUMBERED

adoption

VOUCHERS FROM 2010 FUNDS -UNIFIED COURTA116204

Legislators MICCIO COOPER and FLESLAND offer the following and move its

WHEREAS the Chief Clerk of the Family Court has advised that there have been a

significant amount of vouchers for assigned counsel fees submitted at the conclusion of fiscal year2009 and

WHEREAS due to late submissions following the close of the 2009 budget yearthere are outstanding payment invoices for Family Court in the sum of$191000 for services to said

department for which appropriations weremade but which were insufficient to encumber at the end

of the close out date for submission for 2009 and

WHEREAS the charges reflected by said vouchers remain unpaid and

WHEREAS the State Comptroller has pursuant to County Law Section 362expressed the opinion that claims for services rendered to a county in an earlier year may be paid ina later year if the contracts were valid when made and if there are moneys legally available to beused for such purposes Opinion 69-686 now therefore be it

RESOLVED that payment from 2010 funds is hereby approved from the followingaccounts in the amounts indicated

Line Item No Amount

A1162044444 Unified Court Family Court Attys/Assigned Counsel $191000

CA-10-10

RLW/ca/G-0137

1/13/10

Fiscal Impact None Reduction of 2010 appropriations in amounts indicated

See attached statements

srnrrof NEW vonx

ss

couNrrorDu2cllnss

1tus is to certify that Ithe undersigned Clerkof the Legislature of the Co uchess have compared the Foxebroing resolution with the

original resolution nowon 61e inds office of said clerk and whichwas adopted h aid Legls tore on the 25 dayofanuary 2010 and that the same is a

true and eoercet transcript of said original resolution and ofthewhole thcecof

IN WITNESS WHEIilOE I havehemunto set my hand and seal of aid Le m tltis 25 y offa0ukyfl

Page 42: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

FISCAL IMPACT STATEMENT

NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONSTo be completed by requesting department

Total Current Year Cost $ 191000 2009 invoices

Total Current Year Revenue $and Source

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

Identify Llne ItemSS Use existing 2010 appropriations inA116204-Unified CourtFamilyCourt

to payfor 2009 invoices for 4444Atty/Assigned Counsel totaling $191 000

Related Expenses Amount $ Nature/Reason

Anticipated Savings to County

Net County Cost this year $191000Over Four Years

Additional Comments/Explanation

Prepared by Valerie J Sommerville Budget Director

Page 43: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF DUTCHESS

50 MARKET STREET

POUGHKEEPSIE NEW YORK 12601

TEL 845 486-2500

FAX 845 486-2510

PETER MFORMAN

JudgeVALENTINO T SAMMARCO

JudgeJOAN S POSNER

Judge

January 8 2009

To Valerie Sommerville Budget Director

Dutchess County Budget Office

22 Market Street

Poughkeepsie NY 12601

Re Resolution Request to pay 2009 Assigned Counsel fees with 2010 funds

Dear Ms Sommerville

ELAINE GREENBLATT

STEVEN R KAUFMAN

Support Magistrates

ADINA C GILBERT

Court Attorney Referee

PETER A PALLADINOChief Clerk

LISA D MACK

Deputy Chief Clerk

r

r

There is asignificant amount of assigned counsel fees stemming from 2009 services

rendered that are outstanding To date the ComptrollersOffice has $90000 in assigned counsel

vouchers and the Court has received to date an additional $101000 in assigned counsel vouchers

for services rendered in 2009

Currently as in the past as well the Court has noticed attorneys not to hold vouchers and

wait until end-of--year to submit vouchers for services rendered as it poses difficulties in managingthe account as well as delayed payments in processing There has been a significant amount of

submissions of vouchers received at the conclusion ofthe fiscal year 2009 that only concludes me

to believe that attorneys did not abide by the timeliness of submitting their vouchers as the Court

requested ofthem to do so

In October 2009 the Court submitted asupplemental appropriations request that took into

account the prior 10 month spending patterns and the outstanding vouchers to date and calculated

a reasonable request based on those factors to allow us to cover costs for the remainder ofthe

fiscal year It is very difficult to manage an account where there are no mechanisms to utilize to

calculate what is actually outstanding at any given point in time and do rely heavily on prior

spending patterns to date as reference

The Court is requesting that these 2009 vouchers be paid with 2010 funds as well as

transferring $1800 from Professional Services line 4401105 expecting170625 voucher from

Psychologist services rendered and $1460 from the Steno Fees transcripts line 4434 into the

Atty/Assigned Counsel line 4444

cereleter A Palladino

Chief Clerk

cc Ronald Wozniak County Attorney

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Page 45: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Government Services and Administration

RESOLUTION NO 2010016

RE AUTHORIZING SETTLEMENT FROM LIABILITY CASUALTY

RESERVE FUND

Legislators WEISS and FLESLAND offer the following and move its adoption

WHEREAS the County of Dutchess maintains a self insured reserve fund pursuant to

Section 6-n of the General Municipal Law in connection with the defense of tort cases and

WHEREAS the County as part of its self insured plan has a contract for excess

insurance coverage overand above its self insured retention and

WHEREAS the excess carrier has requested that the County release its self insuredretention to settle the case of Barrett against the County of Dutchess and

WHEREAS it is in the best interests of the County to cooperate fully with its excessinsurance carrier in the management ofits tort claims now therefore be it

RESOLVED that the self insured retention of the County of Dutchess in the case ofBarrett against the County of Dutchess is released and settlement of said case up to the full amount ofsaid self-insured retention is hereby authorized

CA-03-10

KPBkh/L-4495

12/21/09

Fiscal Impact Any settlement to the extent of all or part of the self insuredretention will be paid from the 6-n Reserve Fund

APPROVED

WILLIAM R STEINHAUSCOUNTY EXECUTIVE

Datel qSTAlTOP NEW YOlil

$$

COUNTY OFDU1CHESS

11tis is to certify that T the undersigned Cleek of the Ixgislature of the Coun of Dutchesshave compared the fomgoing msolutiov with theoxilrinalresolution nomon file in the office of said clerk and which was adopted by said I gtstamre n the 25 day ofJanuary 2010 and that the same is atme and

conrct transcript ofsaid oxiyrinal xesoludon and ofthe whole thereof l

1N WITNESS WHEREOF I havehereunto set my hand and seal JksaidIsysee this 25ti

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Roll call vote on the foregoing Resolution No 2010016 resulted as follows

AYES 24 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRolison Roman Sadowski Surman Thomes Traudt Weiss White

NAYS 0 ABSTENTIONS 1-Tyner

Resolution adopted

9

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RESOLUTION NO 2010017

Public Safety

RE APPROVING PROPOSED ACTIVITIES AND FUNDING FOR STOP-DWI PROGRAM FOR 2010

Legislators FLESLAND DOXSEY HORTON SADOWSIIWEISS offer the

following and move its adoption

WHEREAS the Stop DWI Coordinator with the assistance and approval of the

Stop DWI Planning Board has prepared and submitted a proposed budget and activities

program fox the 2010 fiscal year and

WHEREAS this proposed plan requires approval by the County Legislature prior to

being submitted to the New York State Department ofMotor Vehicles GovernorsTraffic

Safety Committee now therefore be it

RESOLVED that the 2010 Stop DWI Plan for the County ofDutchess a copy ofwhich is annexed hereto is hereby approved

APPROVED

WILLIAM R STEINHAUSCOUNTY EXECUTI1hE

Date o

STATE OFNEW YORK

COUNTY OF DUTCHESS

ss

This is to certify that I the undersigned Clerk of the Legislature of the County of Dutchess have compared the Foregoingresolution with the original resolution nowon File in the office of said cl nd which was adopted by said Legislature on the 25th

day ofJanuary 2010 and that the same is a true and correct ranscrip of said o final resolution and of the whole thereof

IN WITNESS WHEREOF I have hereunto se my hand ahd seal ofsjEl Legislature kfiis2thIlay of/anuary 2010

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Ctl Y l a 1iiVt cS - v7 i t

iDtJT CI-3ESS

COSTOP-I

WI

2010PIANN

RATIVE

September2009

Page 49: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Mission Statement

STOP-DWI stands for Special Traffic Options Program for Driving While

Intoxicated The STOP-DWI Program was enacted by the State Legislature in 1981

for the purposes of empowering county governments to coordinate local efforts to

reduce alcohol and other drug-related traffic crashes within the context of a

comprehensive and financially self-sustaining alcohol and highway safety program

The Dutchess County STOP-DWI Programsmission is to deter alcohol/drug impaireddriving through enhanced enforcement prosecution rehabilitation and education

services

Program Accomplishments

The Dutchess County STOP-DWI Program remains under the Dutchess CountyDepartment of Planning and Development and continues to be a comprehensiveeffective program and a viable community resource

The following objectives were achieved during the time period from October 2008 to

September 2009 to fulfill the goals set by the Dutchess County STOP-DWI PlanningBoard

To reduce the number ofcrashes fatalities and iniuries by impaired driving

Funded 10 law enforcement agencies for dedicated overtime patrolsCompleted an RFP process and instituted a new operational plan providingfunding totaling $49500 to 6 law enforcement agencies to conduct multi agency

high visibility coordinated sobriety checkpoints in 2009- Continued to partially fund one full-time DWI officer for the Dutchess County

Sheriffs Office- Allocated $3000 to the New York State Police Troop K to purchase impaired

driving deterrence equipment to be loaned to the NYSP and kept on STOP-DWI

inventoryThe Program conducted acounty-wide training needs assessment survey to

determine specific law enforcement training needs and develop an operationalplan to coordinate and provide those services

Worked in conjunction with the NYS Governors Traffic Safety Committee to

conduct/complete the-three phase Drug Recognition Expert DRE certification

course Fifteen 15 officers representing the NYPD 1 NYSP4and 4 local

law enforcement agencies10completed the certification process

The Countys inventory list for loaned DWI equipment was validated and

updated by the STOP-DWI Coordinator and Program Assistant

Funding to support the District Attorneys Office staff in 2008 resulted in2160convictions of the 2293 closed cases for a conviction rate of over 94 Data

reveals that in 1089 of the closed cases the original charge was reduced to a

lesser charge

2010 STOP-DWI Plan Narrative 2

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Funding to co-sponsor/support the 26th annual Mid Hudson Region STOP-DWI

Conference in New Windsor NY April 2nd 2009 STOP-DWI Programsponsorship provided 46 law enforcement personnel from Dutchess County the

opportunity to attend the conference and training workshopsCoordinator attended quarterly meetings of the New York State STOP-DWI

Coordinators Association and continues an active role as the RegionalChairman Mid-Hudson of the Association and with the associations Law

Enforcement sub-committee

Coordinator continues to meet with the chiefs/officers in charge of all contracted

law enforcement agencies countywide to enhance communications and identify/address general and agency specific needs

To increase the publicsuerception of the risks of impaired driving

The Program held its 14th Annual Law Enforcement Ceremony on November

13th 2008 The event honored 16 officers and was attended by 105 guests The

keynote speaker was Joseph A McCormack Esq the Chief of Vehicular Crimes

Bureau of the Bronx District Attorneys Office Designated by the Governors

Traffic Safety Committee as the New York State Traffic Resource Prosecutor

and Mr McCormack is responsible for statewide training of Prosecutors and

Law Enforcement in addition to being astatewide legal and practical resource

In the past year the STOP-DWI Office has responded to in excess of 150 publicinformation requests either through telephone e-mail or written

correspondenceSTOP-DWI Coordinator offered remarks at the 26th annual Dutchess CountyRIDsVictims Memorial Service in May 2009

The program also provided funding towards Dutchess County Remove

Intoxicated Drivers RIDprogramming expenses

Coordinator continues to be a member of the Dutchess County Victim ImpactPanels VIP Advisory Committee the Dutchess County MADD Organizationalcommittee and the Dutchess Campus Community Coalition

Multiple press releases were written and distributed to the media pertaining to

changes in legislation and various STOP-DWI and Traffic Safety programs

Continued to provide funding to support and co-sponsor the PoughkeepsieJournals annual Newspapers in Education program Copies are used as an

educational tool in schools throughout the county/region

To reduce the incidence of impaired driving by underae drivers

The program partially funded a Alcohol/Highway Safety Educator AHSEposition with the Council on Addiction Prevention EducationCAPEofDutchess County Inc Throughout the year 333 presentations were conductedincluding 3 conferences 8 exhibits and 303 presentations of which there were

14 Teen driving- Its a Family Affair assemblies More than9237 individuals

were contacted of which6603 were youth/students Also more than 13000PI E materials and promotional items were distributed

2010 STOP-DWI Plan Narrative 3

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Goals that were attained in 2008 include continued expansion of the Teen

DrivingItsa Family Affair program and coordination of SADD chapters and

related activities county-wide DCCAPE and specifically the CommunityEducator are instrumental in the development of strong relationships in the

schools/community and the delivery of prevention education/information

The annual Dutchess County SADD conference coordinated by the Council on

Addiction Prevention Education was held on October 20th 2008 at the John

Jay High School More than 150 SADD participants attended the conference

representing ten 10 high schools and established SADD chapters throughoutDutchess County STOP-DWI funding helped to provide the keynote speaker TySells who spoke sharing his message The Power of Acceptance Also Senator

Steve Saland attended the conference leading a demonstration and presentingeight SADD chapters with fatal vision goggles and a play-station driving video

for use in their respective school districts to promote impaired drivingawareness through experiential learningThe STOP Program also provided funding to CAPE of Dutchess County for the

purchase of additional educational materials to enhance drinking and drivingpresentations/ awareness campaigns in both the high school and collegesthroughout Dutchess CountyFunding was provided for mini-grants focusing on addressing underageimpaired driving issues Five 5 RFPs were funded for alcohol/drug free after-

prom partiesProgram Coordinator assisted with organization/support of mock DWI crashes

and Impaired Driving awareness presentations in School Districts throughoutDutchess County The STOP-DWI program also provided a variety of PI E

materials that were distributed to the respective student bodies

To reduce the incidence of recidivist impaired driving

Provided funding to support the DWI offenders Intensive Supervision Unit in

the Dutchess County Probation and Community Corrections Office In 2008 the

specialized unit received 347 new sentenced DWI cases 408 cases were

terminated /closed and 48 violations were filed Data reveals the Intensive

Supervision unit supervised an average of 95 cases per month Approximatelythirty-one percent 31 of the total criminal caseload of the Probation

Department is DWI related

Sponsored a training seminar conducted by the NYS STOP-DWI Foundation

entitled the Unique Challenge of Treating the Chronic Drinking Driver The

Role of Nature us Nurture in Alcoholism The event held on April lst 2009 atthe Henry Wallace Center at the FDR Presidential Library was attended byMental Health Treatment and Parole/Probation professionals from through out

the regionThe STOP-DWI Program continues to partially fund/subsidize outpatientalcohol and substance abuse services through the Lexington Center for

Recovery In 2008 Lexington Center for Recovery served 1262 clients with 277

2010 STOP-DWI Plan Narrative 4

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completing the substance abuse rehabilitation program Of the 277 completingthe program 160 or 80 were successful completions For Dr Beth QuinnsCognitive Behavior Therapy program held at Probation and CommunityCorrections Office the 2008 program served 56 clients with 100 successful

completions

Evaluation of the Program State data

In 2008 Dutchess County STOP-DWI funding directly resulted in 3664 combined

hours of dedicated enforcement overtime patrols resulting in 298 impaired drivingarrests Also sobriety checkpoints 620 combined hrs resulted in 35 additional

impaired driving arrests to bring the total of STOP funded arrests in 2008 to 333

compared to 290 in 07 and 232 in 2006

Fine revenue for 2008 totaled $758932with 1884 arrests This compares to a total of

$591090 in 07 $612627 in 06 $613419 in 2005 $516115 in 2004 $636504 in

2003 $618732 of total revenue in 02 and $627894 in Ol

The programs expenditures totaled $582958 in 2008 compared to $500753 in 2007$480427 in 06 $516659 in 05 $769394 in 2004 $914891 in 03 $639874 in

02 and $501986 in 2001

The STOP-DWI Programs dedicated fund balance as of December 31st 2008 was

$448349 The STOP-DWI planning board remains committed to maintaining fiscal

stability by maintaining a responsible fund balance

The STOP-DWI Planning Board met six times during this period to monitor and

evaluate the program Members continued their participation in the sub-committees of

Legislation Law Enforcement Promotion and Evaluation/Budget

The tentative 2010 plan request includes appropriations totaling $864181 With the

addition of the PPA fringe of $21709 appropriations will total $885890

2010 STOP-DWI Plan Narrative 5

2002 2003 2004 2005 2006 2007 2008

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2010 STOP-DWI ProgramBudget Narrative

The 2010 funds will be used in the following components

Enforcement

By funding law enforcement activities DWI patrols and sobriety checkpoints the

enforcement component will encourage the general public in Dutchess County not to

drive while impaired because of an increased probability of being caught and arrested

This is usually evaluated at the end of the year by reviewing data detailing the

number of hours per DWI arrest the number of DWI arrests on regular patrol the

number of arrests on STOP funded patrols the percentage of alcohol related crashes

compared to total crashes and the number of alcohol-related fatalities and injuriesAppropriations are based on previous performance as well as each agenciesjustification for funding

Deterrence efforts will continue to be reinforced through publication ofthe results and

statistics of law enforcementsactivities throughout the year The Dutchess CountySTOP-DWI Program will continue to maintain high visibility to enhance the publicsawareness and perception of an active and effective program

The following activities will be undertaken in 2010 to accomplish this goal

Funding of DWI Overtime patrols $199300 compared to $172850 in 09targeting the days/times that have an increased statistical probability and

previous history of high DWI activity and/or the incidence of Alcohol Related

Fatal Personal injury crashes This is accomplished by reimbursingmunicipalities for personnel overtime and fringe costs as well as loaningrequested deterrence equipment to assist in the apprehension of impaireddriversTo partially fund one full time County level law enforcement officers position$80000 through the Dutchess County Sheriffs Office to increase STOP-DWI

activity in areas without local police coverage 1 FTE 35 fringeProviding additional monies $11500 for the Dutchess County Sheriffs Office

to conduct additional overtime patrolsTo dedicate specific funding $54500 for Sobriety Checkpoints in the 2010

budget cycle compared to $49500 in 09 The program will again utilize an

operational plan that includes an RFP process to determine specific agency

allocations Agencies will be invited to participate and funding will be

performance based and outcome driven- The appropriation for related law enforcement training $11000 to enhance the

programs ability to coordinate and support training opportunities aimed at

increasing law enforcement officers effectiveness in both alcohol and drug

2010 STOP-DWI Plan Narrative 6

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related impaired driving arrests Related activities include an SFST/Breath

Test Operator BTO classes and a Drug Recognition Expert DRErefresher/update course and the ability to send two 2 local DREs to attend the

National Training Conference on Drugs Alcohol and Impaired Driving

Court Related

The 2010 Plan will continue to support additional District Attorneys services inDutchess County to maintain a strong conviction rate for DWI offenders and to

sentence offenders to effective strategies aimed at reducing future impaired drivinginvolvement A strong DWI conviction rate is an effective deterrence tool for the publicas a continued demonstration of Dutchess Countys commitment to the STOP-DWI

mission

Specific activities for this component are

STOP-DWI funding totaling $132000 in 2010 will support the specialized DWI

Prosecution Unit

- Partial funding for one senior and two assistant District Attorney positionsacting as DWI prosecutors and one full-time legal secretary position to assist

with clerical support for the above positions

Probation Activity

While the law enforcement and Court related activities address the general public and

community regarding impaired driving issues the population of habitual chronic/

repeat offenders needs more focused and intensive services to change their alcohol/

drug abuse behaviors

The 2010 Plan will partially support/fund an Intensive Supervision Program ISP for

DWI offenders with the Office of Probation and Community Corrections totaling$98400 The ISP program insures closer surveillance and enforcement of Court

ordered conditions In addition the Probation officers will refer clients to treatment

programs network with other service providers that the offenders will be utilizingand share their expertise on DWI issues with other Probation and Court officers

Activities include

One full time Senior Probation Officer to supervise the DWI - Intensive

Supervision Program ISPTwo full time Probation officers to assist with the supervision of the DWI

Intensive Supervision ProgramEnhanced Supervision Project additional funding $22500 will provideapproximately 415 hrs of OT to increase monitoring unannounced home/work

visits/stake-outs of impaired driving offenders /probationers to assure

compliance with Court orders and Probation conditions Initiative includes

added funding $7500 to purchase approximately 250 eighty 80 hour Alcohol

/Drug Detection Tests

2010 STOP-DWI Plan Narrative 7

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Rehabilitation

Despite growing societal and community awareness as well as strong law enforcement

efforts there continues to be drivers who are dependent on alcohol that remain

undeterred by legal sanctions In order to overcome their addictions substance abuse

treatment is required The rehabilitation component of the plan supports assessmentevaluation and treatment services to determine the nature and extent of alcohol and

other drug AOD abuse

Lexington Center for Recovery Inc a substance abuse provider contracted byDutchess County will receive funding totaling $69000 to continue providingevaluation/ assessment and clinical treatment services for all Dutchess Countyresidents who apply for such services in connection with a drinking and drivingviolation

The Planning Board worked with the Dutchess County Department of Mental Hygieneand the Lexington Center to identify and implement an evidence based treatment

model in aneffort to attain better outcomes and increased degrees of success

Over the last two years the scopes of service required the provider to utilize evidence

based treatment groups using Cognitive Behavioral Therapy CBT Specificperformance goals for the CBT groups include drug testing a minimum of once

/month 50 successful completion and pre/post testing

Due to positive outcomes relating to CBT the 2010 plan requires the Lexington Center

for Recovery Inc to utilize the CBT modality for all services provided as well as a

Cognitive Behavioral Coping Skills therapy group at the Probation Department that

will be led by contracted clinical staff and targets impaired driving offenders This has

proven to be a model program in New York State

Dr Elizabeth Quinn-Teed PhD Marist College will again be facilitating these groups

Public Information /Education

In an effort to continue raising community awareness specifically for the new or soon

to be driver the 2010 plan continues with a focus on reaching our youth The plansactivities are aimed at impacting the continued over representation of drivers less

than age 25 in alcohol related arrests and fatal and personal injury crashes

The plan will continue to offer educational programming for students in elementarythrough the college level Educational materials will also be distributed at targetedcommunity and public events

2010 STOP-DWI Plan Narrative 8

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The following activities will be funded

Maintain the Programs web site and continue to distribute data informationresearch and videos in addition to promotional items that support the Dont

Drink and Drive message

Partially fund a full time alcohol /Highway Safety Educator ARSE Position

through the Council on Addiction Prevention and Education of Dutchess Countyto coordinate educational programming/presentations and assist SADD

chaptersSupport the annual countywide SADD Conference

Underwrite the cost of events/programs that encourage non-alcohol activities

post prom parties RID Eligible projects must focus on addressing underageimpaired driving issues and support the DontDrink and Drive message

Sponsor the 15th fifteenth annual Dutchess County Law Enforcement

Recognition Luncheon /Awards Ceremony

The 2010 budget plan also includes appropriations to continue three 3initiatives started in 2008

Drug Recognition DRE call out reimbursement Initiative $12000Support ofthe regional Mid Hudson STOP-DWI Conference $5000Underage Coordinated Sting initiative$6500

Program Administration

To assist the STOP- DWI Planning Board in their on-going advisory role this plan will

continue to fund administrative support for

- Technical assistance for the contracted agenciesNetworking with related agencies on state and local levelsProvide strategic planning and on going monitoring and evaluationSupport/coordination of training opportunities and

Provide information on DWI Issues and related legislation

Dutchess County STOP-DWI Planning Board

Ernest Floegel Chairman L Eric Bickmann William V Grady James Doxsey AngelaFlesland Margaret Hirst Evelyn Kaufman Sgt Christine Lopez NYSP Bradford

Kendall Sgt Frank LaMonica DCSO Josephine Johnson Brian Rexhouse James

Warner Matthew S Vetare and William C Johnson Coordinator

2010 STOP-DWI Plan Narrative 9

Page 57: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

DUTCHESS COUNTY

2010 STOP-DWI PLAN

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INSTRUCTIONS FOR 2010 PLAN SUBMISSION

On using the STOP-DWI template Word form document

Obtain the Word document by downloading it from the GTSC websitehttp//wwwSafeNYcom click

on Forms look for STOP-DWI

The plan document has been protected to create a MS Word form To complete this document typeinto the grey shaded fields In the Narrative section there are no grey fields it is unprotected Typeinto it like a regular document Spell check will only work in the Narrative section

Be sure to complete the contact information update section

Your 2010 STOP-DWI Plan should be submitted to the GovernorsTraffic Safety Committee GTSC in

accordance with this format We encourage you to submit your plan by November 2 2009 so that it can be reviewed

before the fiscal year begins

The GTSC requests that all STOP-DWI program staff paid by STOP-DWI funds be listed in the Administration/Evaluation budge section unless they are employed in other offices and act as Coordinator or staff This may change your

budget presentations from prior years Also this yearwe are requesting that contractual items presented in your planshould specify the name of contractor what services they are providing

Article 31 of the Vehicle and Traffic Law requires Avoidance of duplication of existing programs funded or

operated by either the state or any municipality Proposed expenditures for activities/personal service items

routinely funded by state or municipal funds are therefore not eligible for inclusion in the plan

The plan includes a certification document Please send the completed certification page and attachmentsto GTSC no later than December 31 2009 after it has been approved by the Countysgoverning body

It should be noted that plans require a narrative description of the proposed project activities for each of the

program areas Provide your narrative description beginning on the last page of the document in the section provided

Please send an original and one copy of the STOP-DWI Plan by November 2 2009 to

Charles DeWeese Assistant CommissionerGovernorsTraffic Safety Committee

2010 STOP-DWI Plan

6 Empire State Plaza Room 414

Albany New York 12228

INSTRUCTIONS FOR FISCAL REPORTS SUBMISSION BEGINNING WITH 2010

Obtain the Fiscal Reports Word documents by downloading it from the GTSC websitehttp//wwwSafeNYcom/forms a copy of each is enclosed with this mailing

The documents have been protected to create a MS Word form To complete this document type into

the grey shaded fields There are only two reports that have to be submitted for the 2010 Plan

The fiscal forms Mid Year Report due on August 15 of the current year and Annual Year End

Report are March 15 of the next year Example for 2010 the Mid Year Report will be due

August 15 2010 it will cover January through June The 2010 Annual Year End report will be

due March 15 2011 and will cover the January though December of 2010

If you have difficulty using the fiscal report forms contact the GTSC at 518 -486-4228 or

518 474-5777

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STOP-DWI CONTACT INFORMATION UPDATE PAGE

PLEASE RETURN THIS SHEET WITH YOUR PLAN

DUTCHESSCOUNTY

In the letter sent to you calling for Plan submissions the contact information for your Countyprogram was listed as GTSCs file showed as ofAugust 2009

Check here if that information is correct

If there are any changes to this information please make appropriate changes on this sheet to

allow us to update our master file Return it with your plan

NAME William C Johnson

TITLE Coordinator

cAGENCY Dutchess County STOP-DWI

cADDRESS l1351 Route 55 Room 107

cADDRESSII Lagrangeville NY 12540

CSZ

cPHONE 845 4863603

cFAX 845 486-3612

EMAIL wjohnson@codutchessnyus

NAME Pamela N Riordan

TITLE Principal Program Assistant

cAGENCY Dutchess County STOP-DWI

ADDRESS I 1351 Route 55 Room 107

ADDRESSIILagrangeville NY 12540

CSZ

cPHONE 845 486-3648

cFAX 845 486-3612

EMAIL priordan@codutchessnyus

NAME

TITLE

AGENCY

cADDRESS l

ADDRESS II

CSZ

cPHONE

FAX

EMAIL

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NEW YORK STATE DEPARTMENT OF MOTOR VEHICLESGOVERNORSTRAFFIC SAFETY COMMITTEE

DUTCHESS COUNTY

CERTIFICATION OF 2010 STOP-DWI PLAN

The 2010 STOP-DWI PLAN was approved by the Dutchess County governing body on

in the amount of $ 868993 This amount agrees with the total on the Budget Summary Pageof the 2010 plan on page B1 The following documents are attached

THE COUNTY RESOLUTION APPROVING THE STOP PLAN

AND/OR

BUDGET PAGES FROM THE COUNTY BUDGET INDICATING THE SPECIFIC

AMOUNT APPROVED FOR STOP-DWI

STOP-DWI COORDINATOR

Signature Date

Name in PRINT William C Johnson

COUNTY OFFICIAL

Signature Date

Name in PRINT

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DUTCHESS COUNTY

BUDGET SUMMARY 2010 STOP-DWI PLAN

COMPONENT TOTALS

Enforcement $ 282300

Court Related $ 132000

Probation $ 128400

Rehabilitation $ 69000

Public Information/Education $ 105000

Administration $ 152293

TOTAL STOP-DWI BUDGET $ 868993

Revenue estimates for 2010 year $ 700000

Current STOP-DWI$ 448 349

Revenue/Rollover fund balance

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DUTCHESS

COUNTY

2010 ENFORCEMENT ACTIVITY BUDGET

PERSONAL SERVICESDo not include any portion of the STOP-DWI Program administrative staff salaries unless they are sworn officers

whose salary is paid in part or entirely by STOP-DWI funds

DWI Patrols

Also list each participating agency on police funding detail

a e

$199300

Staff Listobtitle s /duties and full or art timel

Total Personal Services $

OTHER THAN PERSONAL SERVICES

Breath Testing Devices $

Radar $

Video Equipment $

Equipment Maintenance $

Patrol Vehiclessspecify if paying all or partial purchasethe a enc that will have the vehicle on next a e

$

Vehicle Maintenance $

Supplies $

Training $

Contractual Services specify on next page the contractor

and services to be rovided$ 73000

Other specify on next page $ 10000

Total Other Than Personal Services $

Total Enforcement Bud et $ 282300

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DUTCHESS COUNTY

2010 ENFORCEMENT ACTIVITY BUDGET

DESCRIPTIONS

Describe/explain vehicle purchase include the name of the agency that will be obtaining the

vehicle

Describe/explain Contractual services

Sobriety Checkpoints $54500Underage Coordinated Stings $ 6500DRE Call Out $12000

Describe/explain Other items listed

Equipment $10000

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DUTCHESS COUNTY

POLICE PATROL FUNDING DETAIL PAGE

2010 ENFORCEMENT ACTIVITY BUDGET

NAME OF POLICE AGENCYAMOUNT PERSONAL

SERVICES FOR DWI PATROLS

Dutchess County Sheriffs Office $ 91500

C/O Beacon PD $ 6100

T/O East Fishkill PD $ 6100

T/O Fishkill PD $ 9100

CIO Poughkeepsie PD $ 11000

T/O Poughkeepsie P D $ 61000

V/O Fishkill PD $ 3000

T/O Hyde Park P D $6100

V/O Rhinebeck PD $2200

W/O Wappingers Falls P D $3200

$

TOTAL $ 199300The total of this column should equal line 1 of Enforcement Schedule DWI Patrols

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DUTCHESS COUNTY

2010 COURT RELATED ACTIVITY BUDGET

PERSONAL SERVICESDo not include any portion of the STOP-DWI Program Administrative staff salaries here unless they are employedin the District Attorney office

Assistant District Attorneys $ 132000

Support Staff $

Other s ecif at bottom of pa e $

Total Personal Services $ 132000

OTHER THAN PERSONAL SERVICES

Supplies and materials $

Training $

Contractual services

MUST specif below the contractor and services to be provided$

Reimbursement to local courts $

Other s eci at bottom of a e $

Total Other Than Personal Services $

Total Court Related Bud et $ 132000

Describelexplain Contractual services

Partially fund the salary of 3 assistant DAs to prosecute DWI offenders

Describe/explain Other items

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DUTCHESS COUNTY

2010 PROBATION ACTIVITY BUDGET

PERSONAL SERVICESDo not include any portion of the STOP-DWI Program administrative staff salaries unless they are

em to ed in the Probation De artment

Probation Officers $ 120900

Support Staff $

Other s eci at bottom of a e $

Total Personal Services $ 120900

OTHER THAN PERSONAL SERVICES

Travel $

Alcohol/drug screening equipment $ 7500

Training $

Contractual ServicesMUST s ecif below the contractor and services to be rovided

$

Other specif at bottom of a e $

Total Other Than Personal Services $7500

Total Probation Bud et $ 128400

Describe/explain Contractual services

partially fund 5 probation officers dealing with DWI offenders on probation

Describe/explain Other items

80-hour alcohol/drug screening tests - $7500

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DUTCHESS COUNTY

2010 REHABILITATION ACTIVITY BUDGET

PERSONAL SERVICESDo not include any portion of the STOP-DWI Program Administrative staff salaries unless

they are Rehabilitation staff

Alcoholism Counselors $ 69000

Social Workers $

Contractual servicesMUST s ecif below the contractor and services to be rovided

$

Other s eci at bottom of a e $

Total Personal Services $ 69000

OTHER THAN PERSONAL SERVICES

Alcohol/drug screening equipment $

Training $

Contractual servicesMUST s ecif below the contractor and services to be rovided

$

Other s ecif at bottom of a e $

Total Other Than Personal Services $

Total Rehabilitation Bud et $ 69000

Describe/explain Contractual services

funding for group and traditional therapy using the CBT modality

Describe/explain Other items

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DUTCHESS COUNTY

2010 PUBLIC INFORMATION/EDUCATION ACTIVITY BUDGET

PERSONAL SERVICESDo not include anv aortion of the STOP-DWI Program Administrative staff salaries

Staff List job title office location full or part time status

belowl

Fuu or

Part

$

$

$

Other s ecif at bottom of a e $

Total Personal Services $

OTHER THAN PERSONAL SERVICES

Presentations $

Printed materials $4000

Training $ 16250

Contractual services

MUST s ecif below the contractor and services to be rovided$ 62050

Travel $ 3700

Other s eci at bottom of a e $ 19000

Total Other Than Personal Services $

Total Public Information/Education $ 105000

Describe/explain Contractual services

Council on Addiction Prevention and Education - $50000 Students Against Drunk Driving - $2200 Remove

Intoxicated Drivers - $1450High School Mini Grants - $5000Marist College Dr Quinn Project - $3400

Describe/explain Other items

TRAINING - train/conference - $250 Training $11000Mid Hudson Conference - $5000TRAVEL Mileage - $1000 Travel - $1400 Meals - $50 Auto Center - $1250

OTHER Advertising $12500 Law Enforcement Ceremony/Luncheon - $4500 Reimbursement Non-

Employee - $2000

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DUTCHESS COUNTY

2010 ADMINISTRATION/EVALUATION BUDGET

PERSONAL SERVICESList each STOP-DWI program staff person and indicate full or part-timeInclude total STOP-DWI Program staff salaries on this page

Include title of all staffFull

Time

Part

TimeTOTAL

STOP-DWI Program Coordinator

2/3 includes frin e

$ 61026

Other Staff $

Other Staff $

Support Staff Principal Program Asst - includfringe $ 79047

Support /Other staff $

Additional staff $

Total Personal Services $ 140073

OTHER THAN PERSONAL SERVICES

Office supplies $ 3000

Office equipment $

Overhead office space maintenance costs telephone service $3570

Travel $

Contractual servicesMUST s ecif below the contractor and services to be rovided

$

Other s eci at bottom of a e $ 5650

Total Other Than Personal Services $ 12220

Total Administration/Evaluation Bud et $ 152293

Describe/explain Contractual services

Describe/explain Other items

Maintenance - $1500 telephone - $1600 Freight - $400 Water Cooler $70OTHER Printing/copier/postage - $2150 Subscriptions - $200 Dues NYS STOP-DWI Assoc - $3300Vehicle for Coordinator - $27000

Page 70: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

DUTCHESS COUNTY

NARRATIVE SECTION

Provide a narrative description ofactivities planned under each of the program areas that your

County program will fund Do not include a general history of the STOP-DWI program Provide

specific details about the activities planned for your county in each of the five program areas and how

they are expected to provide a reduction in DWI incidents

Use as many pages as required This section in unprotected so spell check is enabled and

there is no fixed area to type in

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Page 73: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

STATE OFNEW YORK-- GOVERNORSTRAFFIC SAFETY COMMITTEEq

DEPARTMENT OF MOTOR VEHICLES

DAVID A PATERSONGovemrn

November 5 2009

William C Johnson

CoordinatorDutchess County STOP-DWI Program1351 Raute 55 Room 107

Lagrangeville NY 12540

Re 2010 STOP-DWi Plan Approval

Dear Mr Johnson

We are approving your 2010 STOP-DWI Plan as submitted Thank you fdr your

dedication and continued work to address the problem of impaired driving

ARM1 Ie1

sFDAVIDrswAxTs

Chair

Due to the varying timelines in the local budget process county certification may still be

pending If you did not include a county certification in your Plan submission we askthat you submit that certification to the GovemorsTraffic Safety Committee GTSC as

soon as it is available Ifyour plan is not certified before the deadline of December 31

2009 please request an extension from the GTSC The certcation page must includeeither the county resolution approving fhe STOP-bWl Plan or a copy of the countybudget pages showing the amount approved for STOP-DWI

We recognize hat county governments are experiencing the same fiscal constraints as

the rest of the state n these difficult fiscal times we have to be sure that programspending is kept to areas that prevent impaired driving and that do notsupplantlocalspending ff you plan to modify this approved STOP-DWI budget plan you must notifythe GTSC before incurring any costs

If you have any questions about your plan or fhe program in general please contactRich Devlin at the GovernorsTraffic Safety Committee of 518 486-4221 or 518474-5777

Sincerely

David J SwartsCommissioner

DJS/CD/RD

6 Empire State Plaza Albany NY 12228

Telephone 518 474-5111 4745777 Fax 518 473-6946

Page 74: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Roll call vote on the foregoing Resolution No 2010017 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRolison Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

10

Page 75: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

RESOLUTIONN02010018

RE SETTING A PUBLIC HEARING IN CONNECTION WITH THE

ESTABLISHMENT OF PART COUNTY SEWER DISTRICT NO6LOCATED IN THE VILLAGE AND TOWN OF RED HOOKDUTCHESS COUNTY NEW YORK

Environment

Legislators TRAUDT MICCIO and SADOWSKI offer the following and move its

adoption

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

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

WHEREAS the WWA has presented to this Legislature a notice of project pursuant to

Section 1124 of the Public Authorities Law which outlines the WWAs plan to establish Part CountySewer District No 6 located in the Village and Town ofRed Hook Dutchess County New York and

WHEREAS said notice of project also describes the Part County Sewer District No 6

that will be created which is more particularly described in Attachment A attached hereto and

WHEREAS it is necessary to conduct a public heazing on the establishment of such

Pazt County Sewer District No 6 now therefore be it

RESOLVED that this Legislature shall conduct a public hearing on the 10th day of

Februazy 2010 at 700 in the evening of said day at the Chambers of the Dutchess CountyLegislature County Office Building 22 Market Street Poughkeepsie New York on a proposal to

establish Part County Sewer District No 6 located in the Village and Town of Red Hook Dutchess

County New York described in Attachment A attached hereto and be it further

RESOLVED that the Clerk of the Legislature shall publish notice of said hearing in theofficial newspapers of the County and shall include therein a description identifying the areas to be

included within the Part County Sewer District No 6 the improvements proposed the maximumamount to be expended for the improvements the proposed method of assessment of the cost theestimated cost ofhook-up fees if any the cost to the typical property or one or two family home all in

accordance with Section 254 ofthe County Law

APPROVEDCA-06-0 RLWca/G-1332-A 1/12/10Fiscal Impact Statement will be attached to resolution creating Part County Sewer District

Nhensubmitted to Le islature

r

STKlFOp NCW YOlil

sa WILLIAM R 5TEINHAUSCOUN7YODU1CFIPSS

COUNTY EXECUTIVEThis is to certify that Ihe undezsigned Cleek ofthe Legislature of fhc County of Dutchess havecompazed the Fozegoing zesolution wide the original

resolution now nn fde in the office of said clerk and which was adopted by said Lc slatuzeon the 25 d y of January 2070 and that the same is a txuc and

correct transcript of said original msolutionand of thewhole thereof fo E DNWITNESS WHE1iFOF I have hereunto set my hand and scalotsaidIcbrisl5fytec this 25 day

Page 76: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

ATTACHMENT A

DUTCHESS COUNTY PART-COUNTY SEWER DISTRICT NO 6

Part-County Sewer District No 6 shall include all those properties presentlyindicated by the tax parcel grid numbers below

ZONE OF ASSESSMENT A

6272- 07-514864 6272- 10-444720 6272-10-422678 6272- 00-242939

6272- 07-531857 6272- 10-455723 6272- 10-392686 6272- 00-310385

6272- 07-506847 6272-10-459722 6272- 10-421656 6272- 00-283385

6272- 07-503840 6272- 10-450722 6272-10-408663 6272- 00-346380

6272- 07-522832 6272- 10-450702 6272- 10-385673 6272- 00-256365

6272- 06-490816 6272-10-455704 6272-10-404652 6272- 00-310361

6272- 06-479800 6272- 10-460703 6272- 10-385658 6272- 00-285362

6272- 06-459805 6272-10-466723 6272- 10-378656 6272- 00-249341

6272- 06-450818 6272-10-464702 6272-10-398640 6272- 00-305346

6272- 06-454830 6272- 10-470720 6272-10-371656 6272- 00-244321

6272- 06-473785 6272-10-472702 6272-10-388636 6272- 00-282336

6272- 06-456795 6272- 10-478721 6272- 10-368650 6272- 00-280330

6272- 06-455789 6272-10-477701 6272-10-358639 6272- 00-295276

6272- 06-471776 6272- 10-482721 6272-10-395562 6272- 00-230310

6272- 06-453784 6272- 10-482699 6272- 10-343617 6272- 00-269271

6272- 06-451778 6272-10-485722 6272-10-334606 6272- 00-244274

6272- 06-478765 6272- 10-485691 6272-10-330601 6272- 00-257211

6272- 06-440772 6272-10-490719 6272-10-328593 6272- 00-298202

6272- 06-470753 6272-10-491689 6272-10-317588 6272- 00-237238

6272- 06-443763 6272- 10-499714 6272- 10-282617 6272- 17-235217

6272- 06-461750 6272- 10-498689 6272-10-338560 6272- 17-233209

6272- 06-440756 6272-11-508722 6272-10-314564 6272-17-230195

6272-10-471735 6272-11-506690 6272- 10-324546 6272- 17-219182

6272-10-436749 6272- 11-512689 6272-10-307560 6272- 17-225162

6272- 10-452731 6272-11-523727 6272-10-299560 6272- 00-288312

6272-10-429738 6272-11-520689 6272- 10-292549 6272- 10-407720

6272-10-446726 6272- 11-526712 6272-10-289538 6272-10-403700

6272- 10-425729 6272- 11-530695 6272-10-319528 6272- 10-474721

6272-10-413739 6272-11-532711 6272- 10-318519 6272- 09-205603

6272-10-395718 6272-11-535694 6272-10-286526 6272-14-329473

6272-10-408743 6272- 11-538711 6272-10-317512 6272- 13-246435

6272- 10-403746 6272- 11-544688 6272-10-285513 6272- 14-271441

6272- 10-390724 6272- 11-546711 6272-10-324503 6272- 00-312410

6272- 10-396745 6272-11-553669 6272-10-281504 6272- 00-222345

6272-10-383729 6272- 11-553715 6272-14-320493 6272- 00-234295

6272-10-378736 6272- 11-557709 6272-14-279495

6272- 06-390752 6272- 11-567659 6272-14-309484

6272- 06-383756 6272- 11-567686 6272- 14-278485 ZONE OF ASSESSMENT B

6272-10-373736 6272-11-570707 6272-14-278467 6272-10-250565

6272-10-357737 6272- 10-440706 6272-14-271451 6272- 10-263580

6272- 06-374762 6272- 10-419715 6272-14-302461 6272- 10-312583

6272- 06-367763 6272- 10-402710 6272- 00-340455 6272-10-273554

6L72-10-353746 6272-10-416707 6272- 00-304449 6272- 10-302574

6272-10-348747 6272- 10-442688 6272- 00-242426 6272- 10-287598

672- 06-361767 6272- 10-413702 6272- 00-267429 6272-10-285569

6272- 06-342750 6272- 10-431694 6272- 00-350421 6272-10-262591

672- 06-351772 6272- 10-433677 6272- 00-293419 6272- 10-273583

672- 06-334754 6272-10-404688 6272- 00-310400

Page 77: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

FISCAL IMPACT STATEMENT

NO FISCAL IMPACT PROJECTED

APPROPRIATION RESOLUTIONS

To be completed by requesting department

Total Current Year Cost $

Total Current Year Revenue $and Source

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

Identify Line Itemss

Related Expenses Amount $Nature/Reason

Anticipated Savings to County

Net County Cost this yearOver Five Years

Additional Comments/Explanation

Prepared by Bridget Barclay

uLpM

Page 78: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

December 2009

Prepared for

Map Plan ReportRed Hook Sewer District

Village/Town of Red Hook

Dutchess County New York

Dutchess County Water and Wastewater Authority27 High St 2nd Floor

Poughkeepsie New York 12601

Prepared by

CTMALE ASSOCIATES PC50 Century Hill Drive

Latham New York 12110

518 786-7400

FAX 518 786-7299

CTMale Project No 099081

Unauthorizedalteration oraddition to dus

document is aviolation of Secflon7209

Subdivision 2of the New York State

Education Law

Copyright 2009

CT MALEASSOCIATES PC

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oaz co-irmm

ONT

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CT MALE ASSOCIATES PC

Map Plan ReportRed Hook Sewer District

TABLE OF CONTENTS

Pale

10 INTRODUCTION 1

11 Project Need 1

20 DESCRIPTION OF NEW SEWER DISTRICT 5

21 Sewer Collection System 5

22 Wastewater Treatment Plant 6

23 Properties and BenefitUnits in District 7

30 PROJECT COSTS 11

31 Capital Cost 11

32 Operation and Maintenance Cost 11

33 Hook-up Cost 12

40 PROJECT FINANCING 14

41 Estimated First Year AnnualCost for a Typical Property 14

50 PROJECT IMPLEMENTATION PLAN 16

51 Establishment of District 16

52 Regulatory Approvals 17

FIGURES

Figure 1 Red Hook Sewer District Part County Sewer District6

Figure 2 Sewer Collection System

APPENDIX

Appendix A List of Property Ovmers and BenefitUnit Assessment

Appendix B Capital Cost Opinions

Appendix C Operation and Maintenance Cost Opinions

Appendix D Funding Correspondence

Page 81: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

CT MALE ASSOCIATES PC

10 INTRODUCTION

For the purpose of establishing a new sewer district-that is partially in the Village and

Town of Red Hool both the Village and Town of Red Hool requested that Dutchess

County Water and Wastewater Authority DCWWA prepare a Map Plan and Reportto present the boundaries the general plan method of financing and operation of the

proposed Red Hook Sewer District District With this Map Plan and Report Dutchess

County proposes to form apart-County Sewer District

A Facility Plan wasprepared n1 August 2008 and revised December 2009 to include the

installation of the laterals and grinders The Basis of Design Report was prepared in

December 2008 by CTMale Associates PCfor the proposed project These reports

document the need for the project the alternatives considered the costs and the

recommended sewer and treatment options to serve the proposed district This MapPlan and Report documents the following District creation facts

Identifies the selected alternative

Finalizes the properties in the District

Presents the method for assessing District cost to the properties served

Documents the estimated capital and operational cost

Based on the existing use of the 189 properties in the District area 379 developedBenefit Units were determined Based on New York State Law the costs $76M capitaland $134500 OM for the proposed improvements can- only be assessed to the

properties in the District

11 Project Need

Forty years of adopted planning documents including

Village of Red Hook Comprehensive Plan 1969

Town of Red Hook Master Plan 1990

Town of Red Hook Open Space Plan 2000 and

Intermunicipal Task Forces Proposed Centers and Greenspaces Plan 2009

-1-

Page 82: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

CT MALE ASSOCIATES PC

have recommended establishing a sewer district for portions of the Village and the

more densely developed portions of the Town of Red Hook The proposed Sewer

District will reinforce the Village Business Center and provide higher density growthincluding residential commercial industrial and institutional development within

priority growth areas in and adjacent to the Village of Red Hook Below is a descriptionof the benefits of providing a central sewer system

A public sewer system will enable residential and commercial development in

priority growth areas The South Broadway Traditional Neighborhood District

TND currently being considered by the Town will allow walkable residential

neighborhoods to be located around an emerging commercial center

Through Incentive Zoning productive farmland and Village gateway buffer

areas will be protected Current development in these areas can be relocated to

the Traditional Neighborhood Districts where compact development requires

public water and public sewer systems

A central sewer system will increase development potential within the Village of

Red Hooks General Business District Land currently being used to

accommodate septic systems could be used to expand existingcommercial/residential buildings and enlarge/connect off-street parking areas

Properties within the Village could be redeveloped to provide a larger variety of

business uses ie hotels restaurants department stores etc that currentlycannot accommodate excess or reserve septic system capacity necessary for

these uses Newly developed sites could be designed to compliment the historic

architectural context of the Village of Red Hook

A compact walkable residential neighborhood based on the architectural

character of the existing Village Residential Districts could be developed The

North Broadway TND currently being considered by the Village will locate all

development potential of the site withn the Village boundaries thus preservingthe north Village gatewayTheTND would offer a variety of housing sizes and

types that would appeal to residents of varying age and income levels The new

-2-

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CT MALE ASSOCIATES PC

TND requiring public sewer and public water will serve to reinforce the

economic viability of the businesses while increasing the vitality of the Village

The porous nature of the Town and Village of Red Hook soils may not be

adequately filtering our waste water as it enters our aquifer A central sewer

system confined to the dense and impervious area of the Village will treat all

waste water for safe return to the environment This would be an improvementto public health of the community

A public sewer system would allow the schools located within the Village to

expand onto land currently used for their septic systems offering a more cost-

effective solution than purchasing additional land and constructing new

facilities

The sewer district is located primarily in the Village of Red Hook with a portion alongRoute 9 in the Town of Red Hook The District includes commercial mixed-use and

residential development There are no public sewers in the Village or Town and all

properties within the District are serviced by individual septic systems with the

exception of the senior housing units and commercial use at Red Hook Commons

Public water service is available to the majority of properties in the District except for

twelve properties in the Town of Red Hook which have on-site private wells

The District has village scale dense development Some existing buildings have sub-

standard septic systems which can pose a threat to the drinking water supply due to the

fast/free draining soils in the District Additionally this area of the Town and Village of

Red Hook is being considered for zoning revisions and amendments for infill

development and other developments per the proposed Centers and Greenspaces Plan

This development plan prepared by the Red Hook Intermunicipal Task Force is

supported by Dutchess County to preserve the Countys prime farm land and to

provide an area for future growth in the Town and Village of Red Hook

The large developments identified in the Centers and Greenspaces Plan South

Broadway and North Broadway TNDs are not included in this proposed sewer district

Similarly the Red Hook Schools on Linden Avenue are not included in this proposedsewer dishict However the proposed WWTP and sewer collection system will be

-3-

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CT MALE ASSOCIATES PC

designed to allow expansion in the future to allow the developments or the school to

connect to the sewer system

-4-

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CT MALE ASSOCIATES PC

20 DESCRIPTION OF NEW SEWER DISTRICT

The proposed Red Hook Sewer District will serve residential and commercial propertiesin the Town and Village of Red Hook on Broadway NYS Route 9 from Old Post Road

to Rokeby Road and on Market Street-NYS Route 199 from Cherry Street to Linden

Avenue The District will be comprised of two separate Zones of Assessment as follows

Zone of Assessment B will include those ten properties currently within

the existing service area of the Red Hook Commons Sewer Transportation

Corporation

Zone of Assessment A will include alT remaining parcels within the

District

Figure 1 Red Hook Sewer District Part County Sewer District 6 shows the Districts

and Zone boundaries Appendix A lists the properties in the District broken out byZone of Assessment and Benefit Unit assessment roll

21 Sewer Collection System

In general the District will be served by a low pressure sewer system to be constructed

by DCWWA This type of sewer system requires every property to have a grinderpump to introduce and transport the wastewater to the main pressure pipe which runs

along the road right-of-way The only exception is the Red Hook Commons Area which

was developed with gravity sewers that lead to its own private wastewater treatment

plant

The Iow pressure sewer system consists of 3-inch 4-inch and 6-inch sewer pipes as

shown on Figure 2 Sewer Collection System The sewer collectimz system is generallydescribes as follows

5500 feet of 3-inch sewer

4700 feet of 4-inch sewer

100 feet of 6-inch sewer

168 grinder pumps and lateral comlections

-5-

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CT MALE ASSOCIATES PC

The DCWWA proposes to furnish and own the sewer lateral up to the grinder-pumpsand the grinder pumps for all the properties in the sewer system The property owners

will be responsible for providing electrical power to the grinder pump and connectingtheir building sewer to the grinder pump

The grinder pump will be installed outdoors where possible in anon-traffic area A five

foot stub will be connected to the inlet of each pump and Gaped for future connection bythe property owner Each property owner will be consulted to locate the grinder pump

where possible the grinder pump will be located within five feet of the existing buildingsewer

The DCWWA will provide a connection to the main line lateral and shut off valve to

each property The grinder pump will be installed by DCWWA and will serve as the cut

offbetween the District line and the private building sewer

The anticipated cost for a typical property owner to connect to the grinder pump is

$500

Additionally the property owner will be responsible for a hook up fee of $300 The

Hook-up fee is used by DCWWA to pay for inspecting the final connection from the

property owner to the grinder pump

DCWWA will be responsible for maintaining the grinder pumps once they are placedin operation When necessary DCWWA will be responsible for replacing the grinderpumps

The property owner will be responsible for connecting and paying the electricity for the

grinder pump

22 Wastewater Treatment Plant

To provide wastewater treatment for the District the privately owned 25000 gallons

per day gpd Red Hook Commons wastewater treatment plant WWTP would be

obtained by the District and its capacity expanded to 85000 gpd

The Districts new WWTP would have the following components

Influent pump station

-6-

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CT MALE ASSOCIATES PC

Fine screen

Gritchannel

Flow meter

Activated sludge aerotor package plantEffluent equalizationDisc filter buildingUltra-Violate disinfection

Discharge to the tributary to the Saw Kill

Sludge Holding Tank

The current owner of the Red Hook Commons WWTP has agreed in principal to

transfer the ownership of the property sewers pump station and WWTP to the

DCWWA at a nominal cost

The 124 acre lot where the WWTP is located has been studied in the 2008 Facility Pan

and Basis of Design Reports and it was found suitable for building the needed

improvements to treat 85000 gpd Additionally the site can be expanded to treat up to

285000 gpd 200000 future capacity if needed

The lot where the WWTP would be constructed has been previously surveyed for

wetlands endangered species and archeological significance and has a New York State

wastewater discharge permit These factors make the site ideal for the DistrictsWWTP

DCWtNA would operate and maintain the WWTP by providing part-time licensed

wastewater treatment plant operators

23 Properties and Benefit Units in District

DCWWA has an established method for assessing the cost to the Districts propertyowners The basis for the assessment is the assumption that asingle-family residential

property produces 250 gpd of wastewater Thus properties listed in the Dutchess

County Real Property Tax Rolls as single family parcels are equal to 10 Benefit Unit

U

The following criteria was used to determine the BU count for each parcel

-7-

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CT MALE ASSOCIATES PC

Properties classified as residential are assessed based on the number of

dwellings up to three Four or more dwellings are charged based on flow

however no less than three units

All other developed parcels are assessed benefit units upon a ratio of

water use / 250 gpd

Where the flow ratio is not a whole number the result will be rounded If

the ratio is less then 15 a benefit unit of 1 is assessed If the ratio is equalto 15and less than 25 2 benefit units are assessed and so on

Vacant residential parcels and any undeveloped portion of a developedresidential parcel will be assessed vacant benefit units based on the total

number of potential dwelling units that could be developed on the parcel

Vacant non-residential parcels and any undeveloped portion of

developed non-residential parcels will be assessed vacant benefit units on

the basis of -the projected average daily flow for the non-residential

development allowed on the parcel based on current zoning Vacant units

are based on the maximum square footage of abuilding that can be placedon the parcel less existing structures The maximum square footage of a

building may be reduced by physical or regulated constraints such as

designated wetlands steep slopes and set backs Based on the projectedsquare footage of the building footprint an estimated water demand is

computed by multiplying the square footage by0125 gallons per day

The number of BUs based upon the above criteria is 379 developed and 73 vacant units

To account for the difference in benefit received between a developed versus a vacant

parcel a reduction factor of 09 is applied to the rate per vacant Benefit Unit Once the

district is formed and the sanitary sewer system is in use the benefit units assessed for

each parcel will be re-visited on an annual basis Changes in parcel use water use or

new construction could affect the Benefit Unit count and will be adjusted accordingly

No additional infrastructure is required in order to provide sewer service to the existingand future development within Zone of Assessment B the existing service area for the

Red Hook Commons Sewer Transportation Corporation as the necessary infrastructure

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was previously constructed by the developer of the Red Hook Commons project In

addition the donation of the parcel of land on which the existing W4VTP is located and

the existing infrastructure that will be utIlized to provide service to the additional

properties in Zone of Assessment A represent a significant capital value to the Sewer

District Accordingly one hundred percent of the cost of the capital improvement for

the Sewer District will be assessed against properties in Zone of Assessment A while

properties within Zone of Assessment B will not be assessed for the capital cost

associated with construction of the new infrastructure Benefit Units have been assignedto properties within Zone of Assessment B for the purpose of allocating annual

operational OMexpenses only

Appendix A lists each property in the District broken out by Zone of Assessment and

its currently assigned BU

Twelve months of metered water use will be used as a basis for estimating wastewater

flow For properties not served by metered water service DCWWA will estimate the

wastewater flow

Table 2-1 summarizes the DistrictsBU count

Table 2-1

Beneit Units

Descri tion Zone A Zone B

Sin le Famil Residential 64 0

Multi-Famil Residential 143 49

Mix Use/Commercial/Govt 158 1

Vacant Lots 31 6

Total Benefits Units 396 56

VacantBenefit Units 67 6

Develo ed Benefit Units 329 50

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Single Family Residential includes parcels assigned land use code 210 by Dutchess

County Real Property Tax Rolls

The property with the largest assessed BU count in Zone A is the Red Hook Mobile

Home Park with 15 BU

The properties with the largest assessed BU count in Zone B are the Red Hook

Commons parcels with 245BU each

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30 PROJECT COSTS

The project costs consist of two main components capital cost and operation and

maintenance cost The capital cost is the projected cost to build the proposed sewer

district The operation and maintenance cost is the annual cost to keep the sewer district

functional

31 Capital Cost

The projected capital cost for the sewer district is $7592400 Appendix B details the

capital cost Table 3-1 summarizes the capital costs

Table 3-1

Capital Costs

Collection S stem $1800000

Laterals and Grinder Pum s $692400

Wastewater Treatment Plant $3200000

Contin enc $1000000

En ineerin Le al and Admin $900000

Total Ca ital Cost 2010 Dollars $7592400

32 Operation and Maintenance Cost

The projected first year annual operating costs for the sewer district is $134500

Appendix C details the operation and maintenance OMcost Table 3-2 summarizes

the OMcost

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Table 3-2

OMCosts

Electric $25000

Labor $31000

Slud e Dis osal $18000

Miscellaneous $19000

Short-lived Assets Re lacement $16500

Contin enc $14000

Inflation $11000

Total OMCost 2010 Dollars $134500

OM cost will be allocated across all developed properties connecting to the sewer

system based on actual water usage or estimated usage where actual usage is not

available Tctal annual OM costs of $134500 allocated across 379 developed Benefit

Units results in anOMcost per Benefit Unit of $355

33 Hook-up Cost

The public sewer will be extended to each property up to the grinder pump The

DCWWA will own the sewer lateral shut off valve and the grinder pump The propertyowner will comlect its building plumbing to the grinder pump and will be responsiblefor providing electrical power to the grinder pump

The grinder pump pump basin and control panel will be provided and installed byDCWWA and DCWWA will own the pump and be responsible for maintenance The

property owner will be responsible for the electriocost to operate the pump

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The property owner will be responsible for signing an easement agreement that allows

DCWWA to install and maintain the sewer lateral and grinder pump

The projected cost for connecting to the grinder pump is $500 for an outdoor grinderpump This cost will vary for each property depending on the amount of plumbingnecessary to make the connection and wiring inside the building

At the time of connection each property owner will be charged a $300 hook up fee bythe DCWWA to pay for inspecting the final connection from the property owner to the

grinder pump

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40 PROJECT FINANCING

The projected capital cost for the project is $7592400 This cost would be financed

through the United States Department of Agriculture Rural Development USDA-RDgrant and loan sewer program

USDA-RD has offered a financing plan that includes a$3403000 grant and a loan for

$533000 at3375 for 38-years See Appendix D for correspondence from USDA-RD

A CDBG grant of$62300 was awarded to the Village for the sewer project

Additionally fl1e Clean Water State Revolving Fund CWSRF program has determined

the project is eligible for a zero interest loan for 30-years for the project cost not covered

by the USDA-RD grant See Appendix D for correspondence from CWSRF

Thus the financing plan would be to accept the USDA grant and Loan and then re-

finance the $533000 loan with CWSRF loan at 0 for 30-years This re-financing step is

necessary to accept the USDA-RD grant and is acceptable to both USDA-RD and

CWSRF programs

With this financing plan the estimated annual debt service payment on $41271000

30-year loan for the project is $137570

Based onZone A 33570BU 329 developed 67vacant the annual debt service per BU

is $410

Zone B wouldnotbe responsible for debt service as described above

41 Estimated First Year Annual Cost for a Typical Property

The typical property in the District is a single family residential property or a small

commercial property located in Zone of Assessment A assessed with one benefit unit

The estimated first year cost per property is based on debt service plus operating and

maintenance cost

Thus the projected firstyear total cost is $410 $355 $765 per BU

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The estimated first year cost for a similar property located in Zone of Assessment B

would be $355 per BU based on Operating Maintenance expenses only

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50 PROJECT IMPLEMENTATION PLAN

51 Establishment of District

Pursuant to resolutions adopted by the Village of Red Hook -dated February 2 2009

Resolution 3-2009 and the Town of Red Hook dated February 10 2009 the Red Hook

Sewer District is being formed as apart-County Sewer District under Article 5-A of

New York State County Law Sewer services will be provided to all properties therein

through facilities owned and operated by the DCWWA The district creation procedurerequired by Article 5-A is as follows

The Dutchess County Legislature shall cause to be prepared a Map Plan and Report

describing the area to be included sufficient to permit definite identification of all

parcels of property included therein a description of all improvements and facilities to

be constructed and or acquired and estimates of the cost of construction or acquisitionof the facilities and the method of financing the same Sect 253 In this instance all

improvements will be financed constructed and or acquired by the DCWWA

Upon receipt of the Map Plan and Report the County Legislature shall call a public

hearing on the proposal to establish a county district The Clerk of the Legislature shall

cause a notice of the public hearing to be published not less than ten or more than

twenty days before the day set for the hearing The notice of hearing shall contain a

description of the area to be included within the proposed district and if the reportshall have recommended the establishment of zones of assessment a description of the

area or areas to be included within each zone of assessment the improvements

proposed the maximum amount to be expended for the improvement and the

allocation of that amount between any zones of assessment proposed to be created the

estimated cost of hook-up fees if any to the typical property the cost of the district to

the typical property and if different the typical one or tvro family home and the

proposed method of assessment of the cost The notice shall also specify the time and

place of the public hearing Sect 254

After the public hearing the Legislature shall determine whether the proposedfacilities are satisfactory and sufficient whether all properties within the proposeddistrict are benefited thereby whether all of the properties benefited are included

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within the limits of the proposed district whether it is in the public interest to establish

the district and if the establishment of zones of assessment is proposed whether the

costs of facilities allocated among said zones represent as nearly as may be the

proportionate amount of benefit which the properties in such zones will derive there

from Upon making such determinations in the affirmative the Legislature may act byresolution approving the establishment of the district Such resolution shall be subjectto permissive referendum Sect 256

There is a 45 day period -after the Legislature acts during which a petition for a

referendum may be filed with the Clerk of the Legislature A permissive referendum

shall be conducted in accordance with Sections 101 and 102 of County Law except that

only those electors shall be qualified to sign a petition who are resident within the

proposed county district and provided further that the number of signatures requiredon the petition shall be one hundred or five per centum of the owners of taxable real

property situated within the proposed district whichever shall be less Should a

referendum be triggered qualified electors are those individuals who are registeredvoters residing within the proposed district Sect 257

As stated above sewer services will be provided to all properties within the proposedRed Hook Sewer District through facilities to be financed constructed and or acquiredand operated by the DCWWA The obligation of the DCWWA to provide such sewer

services to all properties within the District is established by a Service Agreementbetween the Authority and Dutchess County on behalf of the Sewer District As the

costs of the district will not be financed by bonds notes or other indebtedness of the

County approval of the New York State Department of Audit and Control is not

required

52 Regulatory Approvals

The proposed sewer district has completed its environmental review under New York

State Environmental Quality Review Act SEQR The SEQR review included a

determination of the project area for state or federally regulated wetlands potentialimpacts to endangered species or habitats and potential impacts to historic or

archeologically significant sites DCWWA acting as lead agency through the

coordinated review process determined the project to be a Type I action and issued a

negative declaration of environmental impact on April 15 2009 Based on adding the

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lateral and grinder pump installation DCWWA acting as lead agency through the

coordinate review process is planning to re-issue the negative declaration in January2010

The plans for the proposed collection system and expanded wastewater treatment plantwill need approval from New York State Department of Environmental Conservation

NYSDEC

Generally the proposed sewer pipes will be located in the New Yorl Sate Departmentof Transportation right-of-way NYSDOT NYSDOT approval will be needed for

installing the pipes Sewer pipes located on private property will require easements

from those property owners

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avomz0x

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A

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Appendix A

List of Property Owners and Benefit Unit Assessment

Page 104: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

PROPOSED RED HOOK SEWER DISTRICT

Benefit Assessment Roll -December 2009

VILLAGE OF RED HOOK

TOWN OF RED HOOK NEW YORK

Prepared ByDCWWACTMale Associates PC

BeneFitAssessment

North Broadway -Before Cherry SL

A BurkleyBrandon 7592 NBroadway 07-574864 1

A Rotger Scolt 7590 NBroadway 07531857 4

A North Broadway Pizza 7588 NBroadway 07-506847 1

A Vito LaMorte 7582 N Broadway 07-503840 2

A -Red Hoak Business Park Inc 5758 N Broadway 07-522032 1

A Red Hook IGA 7588 N Broadway 06490816 2

A Elmendorf Inn 7562 N ercatlway 06479800 1

A Butcher 7563 N Broadway 06459805 1

A Staff - 7567 N Broadway 06-050878 2

A Pagano 7571 Old Post Road 06454830 1

North Broadway -Between Cherry St and SY JohnSt

A SlewartsShops Corp 7558 N Broadway 06473785 1

A Cuthell Erik 7557 N Broadway 06-456795 1

A Cale Allen Richard 7555 N Broadway 06455789 1

A Village Diner-

7550 N Broadway OB-071776 5

A Bard Richard 7549 N Broadway 06453784 2

A Nicolas-Marcy Michael-

7545 N Broadway 06451778 1

A Baright Realty 7540 N Broadway 08478765 3

A Bischoff Steve 7537-7539 NBroadway 06-040772 3

A Keil Equipmebt Co INC 7536 N Broadway 06470753 1

A Goldeq Paula Papreka P 7531 N Broadway 06443763 3

A Scheer Cleaners 7520 NBroadway 06461750 1

A Verrilli Richard Post Once 7525 N Broadway 06-040756 1

A CVS Slore 5359 7518 N Broadway 10471735 1

A Getty a St John St 10436749 1

North Broadway -Between St John St and Market

A Baright Realty 7514N Broadway 10452731 3

A Rhtel LLC 7509 N Broadway 10429738 1

A Baright Realty 7508-7508 N Broadway 10446726 1

West Markel-Beiween Broadway antl Church St

A Baright Realty - 15 W Market SL 10425729 8

A Dillon John 21WMarket SL 10413739 3

A Keybank 28 W Market SL 10-395718 1

A Christian Lotlge 31WMarket St 70408143 1

A Fall Davitl 37 WMarket SL 70403746 1

A Taste BuddsLLC 40 WMarket St 10-390724-

3

A Red Hook Holdings LLC x943 WMarket St t0-396745 3

A K DK Really 4244 WMarket St 10-383729 4

A KDK Realty 46 WMarket St 10-378736 - 1-

A Borensfeiq David 4547 WMarket SL Os-x90752 2

A Trezza Gloria 49 W Market St 06-383756 1

West Market -Between Church St and Linden Ave

A Melhodlst Church Church Street 10-373736

A Melhodlst Parsonage 52 W Market St 10-357737 2

A Daminy Michele 51 W Market St 06-374762 i

A Simmons Herbert 53 WMarket St 06-367763 1

A Scheer Jonathan M 54 WMarket SL 10-353746 1

A Agrest Sara 56 W Market Sh 10-348747 t

A Steerman James 57 W Market St 06-3617fi7 i

A Cidncion John and Cubba 58 W Market St 06-342750 1

A Monahan-Tennant James 59 W Market Sh Os-351772 2

A

1

Guido Frank 80 W Market St Os-334754 1

Page 1 of 4

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PROPOSED RED HOOK SEWER DISTRICTBenefit Assessment RoII -December 2009

East Market -Between Broatlway and Elizabeth SL-

A Baright Realty 1-7 E Market St 10444720 4

A Baright Realty 17 E Market St 10-455723 1

A Baright Realty 17-21 E Market SL 10459722 2

A Baright Realty 9 E Market St 70-450722 1

A Baright Realty 16 E Market St 10-450702 1

A Rifenbergh Mrs Vernon S 20 E Market St - 10455704 1

A Lown Donna 22 E Market St - 10-060703 1

A lyceum Theater 23 E Market St to-466723 1

A Gudenzi-Ruess Raida 24 E Market SG 10484702 t

East Market -Between Elizabeth St and Graves SL

A Haddad Randolph 25EMarket St 10470720 1

A Chan-Mohammed Chau 28 E Market SL 10472702 2

A Henke InsuranceAgency 29 E Market SL 10478721 1

A Blue Lake House LLC 30 E Market SL 10477701 1

A Star Travel 31 E Market St 10482721 i

A Goldman Robert and Claire 32 E Market St 10482699 2

A Hardman Selma 33 E Market St 10-085722 1

A Coon Germaine 34 E Market St 10485691 1

A Klose Woody - 35 E Market St 10490719 2

A Meyer Nancy J 36 E Market St 10491689 1

A Econopoly Gus 37 E Market St 10-099714 1

East MarkI-Between Graves St and Thompson St

A Laibach Associates 38 E Market St 10498689 3

A Lekstrom Arvid 39 E Market St 11-508722 1

A BorenstineDavid 40 E Market St 11-506690 1

A Rider Caroline 42 E Markeb St 11-512689 1

A Baright Really 43 E Market St 11-523727 3

A DutCo Comm Action Agency 44EMarket St 71-520669 3

A Depietro Jack 45-07E Market St 11-526712 2

A AIFlo H Comacchini Arch 48 E Market St 11530695-

1

A Coons Leslie 49 E Market St 11-532777 t

A Lowry Stephen and Maureen 50 E Market St 11-535694 2

A Perazzo Albino 51 E Market St 11-538711 2

A Kudla Phillip - 52 E Market St 11-544688 2

East Market -After Thompson St

A tlrbin Lori 53 E Market SL 11-546711-

A Fier Jennifer 56 E Market St 11-5536fi9

A Borenstine David 57 E Market St 11-653715

A Borenstine David 59-61 EMarket St 11-557709

A Rider Eleanor 60 E Market St 11-567659

A Hi6sler Peter 82 E Market St 11-567666

A Borenstine David 63 EMarket St 11-570707

South Broadway - Befween Market and Prince StA RHVBR LLC 12 E Market St 10440706A Extra-Mart D/B/A 2 W Market St 10419715

A Eckelman Stephen and Marya S Broadway Rear 10410710

A Eckelman Stephen and Marya 7485S Broadway 10402710

A Kiriner antl Fredricks 7481-74835 Broadway 10416707

A Matwey 574848roadway 10-042688

A Cheng Kankuen 7479 5 Broatlway 10413702

A Powers Auto Supplies INC 7478 5 Broadway 70431694

A

i

K D K Really 7472S Broadway 10433677

- South Broadway - Belween Prince Stand Fraleigh St

A Village Hall 7487 S Broadway 10-004688

A K DK Realty 7466 SBroadway 10422876

A Giek Kenneth 7461 5Broadway 10-392686

A Ayoub Nabil 7460 S Broadway 10421658A GdfBn Insurance Agency

-

7452 S Broatlway 10408663

A Eccles Thomas and Jennifer 7449 5Broadway 10-385673

i

Page 2 of 4

05

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PROPOSED RED HOOK SEWER DISTRICT

Benefit Assessment Roll -December 2009

South Broadway -Between Fraleigh Stand Garden St

A Red Hoak Puhlic Literary 7444 S Broadway t0-004652

A Phillips Velma 744t S Broatlway 10-385658

A Edgecresl LLC 7437 S Broadway 10378656A Seitz Elizaheth - 7436 S Broadway 10-398640

A StokumJeff and Jenny 7435 5Broadway 10-371656

A Diamontl Douglas 7432 5 Broadway 10-a8663s

A Odom Ronald 7431 S Broadway 10-368850

A Christ Church 7423-7429 S Broadway 10-358639

South Broadway -Between Garden St and Firehouse LaneA St Pains Lutheran Church 7412 5 Broadway 10-395562

A St Christopher Church 4 Gartlen St 10-343617

A St Christopher Rectory 7411 S Broadway 90334606

A Irons Rockwell 7407 S Broadway 10-330601

A Wicks Douglas F - 7405 S Broadway 10-328593

A Red Hook Central School/Universal Builders 7401 5 Broadway 10-317588

A Universal Builders 7401 5 Broadway 10-282617

A Wilms Madin 7396 S Broadway 10-338580

A Lamic Inc 7839 5 Broadway 10-314584

A Red Hook Soap Factory LL 73825 Broadway 10-324546

A Fell David - 7391 S Broadway 10-307560

A Fell David 7387 S Broadway 10-299560

A Red Hook Group LLC 7385 S Broadway 10-292549

A Cayea Dc James 7381 5 Broadway 10-289536

A Heuer Marilyn 7360 5 Broadway 10-319528

A McGovern John 7376 S Broadway 10-318519

A Northern Dulchess Archery 7375 S Broadway 10-286526

A Kuhn John 73745 Broadway 10-317512

A Gabryszewski Joseph and Mo 7373 S Broadway t0-285513

A Cohen David 7372 S Broadway 10-324503A Coston Gregory 7369 S Broatlway 70-281504

A Webster Henry 73665Broadway 14J20493

A Denter Louise 73655 Broadway 14-279495

A Gorsuch Thomas 7362 SBroatlway 14-309484

A Griffin Lisa and Dennis 7381 S Broadway 7 4-27 848 5

A Mioliorelll Kenneth A 7357 S Broadway 14-278467

South Broadway -Between Firehouse Lane and Oltl Farm Rd

A Colburn Shirley Ann 7351 SBroadway 14-271451

A Rhinebeck Savings Bank 7350 SBroatlway 14-302461A AB Olson Holdings LLC 12 Glen Pond rd 00-340455

A Rhinebeck Savings Bank 7346 S Broadway 00-304449

A Colburn Arnold 7345 S Broadway 00-242426- A Colburn Arnold 73458 Broadway 09-267429

A Town of Red Hoak 7340-7342 8 Broadway 00-350421

A Donnas Hairstyling Center 7336 S Broadway 00-293419

A Howland Richard 7332 S Broatlway 00-310400

A Castellanos Felipe 7329 S Broadway 00-242939

A Red Hoak Mobile Home Park 7328 S Broadway 90-310365

A Pottenburgh Michael 7324 S Broadway 00-203385

A Wilms Martin 7320 S Broadway 00-346380

A Tdebels Garage 7317 8 Broadway 00-258365

A Sipperley Arthur 7318 5 Broadway ee-310361

I A Sipperley Adhur 7316 8 Broadway 00-285362

A Ruge Lewis 7311 8 Broadway 00-249341

A Zengen Ms Rosemary 7310 5 Broadway 00-395346

A JNY Quest Realty LLC 730 71 730 9 SBroadway Olt-244321

A Coon Glen Sr and Lyntla 7306 S Broatlway 00-282336

A Dalton Jack 7302 S Broadway 00-200339

in Town not on Village Water -

A TGS Associates 72708 Broadway 00-295276

A Ruge Lewis 72938 Broadway 00-230310

10

2

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8

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1

3

9

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5

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11

2

1

11

05

0

28

0

Page 3 of 4

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PROPOSED RED HOOK SEWER DISTRICT

Benefit Assessment Roll -December2009

A First National Bank 7280 S Broadway 09-269271 2 0

A Red Hook Land Carp 7277 S Broadway 00-244274 2 2

A Town of Red Hook 7260 S Broadway 00-257211 2 0

A Hannaford Hannaford Drive 00-298202 10 0

A Red Hoolc Terminal Inc 7269 5Broadway 00-237238 2 0

A Red Hook Terminal Inc 7259 5Broadway 17-235217 1 0

A Schultr Rohert 7255 5Broadway 17-233209 1 0

A Weiss David 7249 S Broadway 17-230795 4 g

A StewadsShops Corp 7243 B Broadway 1T-219182 2 0

A Conway John 7235 S Broadway 17-225162 1 0

A Ulster Savings Bank 7296 S Broadway 00-288312 1 0

Vacant Land

A Key BankA Key Banlc

W Market SL 10407720 1 -

7475 S Broadway 10403700 1

Dev Vac379 73

Page 4of 4

A Colburn Arnold South Broadway Rear 13-248435 05

A Colhurn Arnold 7345 S Broadway 14-271441 05

A Howland Richard 7332 S Broadway 00-312410 05

A Ruge Lewis 7313 S Broadway 00-222345 t5

A Hoffman Roger Old Farm Road 00-234295 05

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B

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Appendix B

Capital Cost Opinions

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C

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Appendix C

Operation and Maintenance Cost Opinions

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Page 116: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Appendix D

Funding Correspondence

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USDA aRuraDevelopment

SUBJECT Dutchess CountyWater Wastewater AuthorityRed Hook Central Sewer SystemDutchess CountyPreliminary Eligibility Determination -Revised

TO George Popp Area Specialist Middletown

Brenda Smith CPS Cortland

November 3 2009

Based upon my review of the subject proposal my findings areas follows

1 The proposed project as presented is eligible for USDA Rural Development financing

Based upon the estimated funding package the applicant is invited to submit a full

application for funding PLEASE SUBMIT A COPY OF THE COMPLETE

APPLICATION PACKAGE TO THE STATE OFFICE UNTIL THIS IS RECEIVED

A LETTER OF CONDITIONS CANNOT BE ISSUED

2 The estimated fundinE package is as follows

EFC- CWSRF

RD Loan3375 @ 38 yrsRD Direct Grant

CDBG

Total Project Cost

United States Department of AgricultureRural Development

Syracuse NY

$3594100$ 533-000$3403000$ 62 300

$7592400 Total cost per EDU $74208annually

Revenue Bonds issued by applicant will coverDSOMDebt Service Reserve and SLA Reserve

Total ofEDUs 379

American Recovery and Reinvestment Act of 2009 funding

TRIBAL CONSULTATION IS REQUIRED AS PER ADVISORY COUNCIL ON

HISTORIC PRESERVATION SECTION 106 AND SHOULD BE INITIATED AT THIS

TIME RURAL DEVELOPMENT WILL IlVITIATETHIS ACTION ON BEHALF OF

THE APPLICANT

441 S Salina Street Suite 357 Syracuse New York 13202

Telephone 315 477-6427 Fax 315 477-6448 TDD 315 477-6447

Webhttp//wwwrurdevusdagov/ny Email davidmiller@nyusdagov

Committed to the future of rural communities

USDA Rural Development is an equal opportunity lender provider and employerTo file a complaint of discrimination write USDA Director Office of Civil Rights

Washington D C 20250-9410 or call 202 720-5964 voice or TDD

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IMPORTANT NOTE This is presented as an estimated funding proposal only to assist the

applicant by presenting a possible funding scenario This Preliminary Eligibility Determination is

NOT to be construed or understood to be a commitment of funding A funding commitment can

only be made when a fullapplication has been received reviewed and found to be acceptable

3 Environmental Classification Categorical Exclusion with Environmental Report

4 Estimated cost per EDU is $749 or 19ofMHI$38503

5 Your project maybe eligible for additional fimding from other government programs The

Water and Sewer Infrastructure Co-Funding Initiative assists municipalities in obtainingoptimum funding packages for their projects For more information contact Co-FundingCoordinator Dwight Brown at the NYS Environmental Facilities Corporation at 800-882-

9721 or visit the Co-Funding website at wwtivnycofundinror

Please update CPAP

DAVID AMILLERPE

Community Program Director

cc Madeline Crowe Environmental Specialist SyracuseMarcy Newman PE State Engineer Watertown

Titus Fallcenburg PE State Engineer SyracuseRonda Falkena Area Director

NYSEnvironmental Facilities Corporation Mr Dwight Brown

Funding Coordinator 625 Broadway Albany NY 12207

RCAP Solutions ATTN Diane Perley State Lead for New York

NYSDept ofAgriculture Markets Division ofAgriculhital Protection

Development Robert C Somers PhD CF lOB Airline Drive AlbanyNY 12235

NYS DEC Region 3 William Janeway Regional Director 21 South-Putt Corners Road New

Paltz NY 12561-1696

Stockbridge-Munsee Community Band ofMohicans Sherry White Tribal Historic

Preservation Officer N8754 MoNeConNuck Road PO Box 70 Bowler WI 54416

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New York State

ENVIRONMBNTAL FACILITIES CORPORATION

ALEXANDER-B GRANNIS Chairman

August 7 2009

Ms BridgetBarclayExecutive Director

Dutchess County Water and Wastewater Authority27 High Street 2nd Floor

Poughkeepsie New York 12601

Re CWSRF Project No C3-5330-O1-00

Dutchess County Water and Wastewater AuthorityRed Hook CentralSewerProjectDutchess County

Dear Ms Barclay

Thank you for your recent hardship application to the New York State Environmental

Facilities Corporation EFC seeking financial assistance from the Clean Water State

Revolving Fund CWSRF I am very pleased to inform you that your proposed clean water

project is eligible for$3594100 in CWSRF interest-free financing

This determination is based on the information provided in your hardship applicationincluding the following

A total project cost of$6778900A Rural Development grant of$3090000A USDA Preliminary Project Development grant of$32500A Dutchess County Community Development Block grant of$62300355 total equivalent dwelling units EDUs within the service area 2475 EDUs

Village 1075EDUs TownA target annual service charge per EDU of $510A calculated Median Household Income MHI of$39456 based on the proportion of

residential EDUs and the 2000 Census Village MHI of $37284 and Town MHI of

$46701 and

Projected annual operation and maintenance costs of $134500

This proposed funding package results in a Project Service Charge PSC of $885 per

equivalent dwelling unit for 20 year financing and $716 per equivalent dwelling unit for 30

year financing and is available for two years from the slate of this letter which expires August7 2011

625 Broadway Albany New York 12207-2997

5184026924 8008829727

wwwnysefcorg

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Please note that upon review of your completed financing application EFC reserves the rightto adjust the financial assistance offered in this letter due to any material changes that may occur in

the factors presented in your original hardship application including for example the availabilityof grants from other funding sources In addition EFC may only provide financial assistance for

your project after receiving formal approvals from the CorporationsBoard of Directors and the

New York State Public Authorities

Control Board

Should you have any questions or require any assistance in completing your CWSRF

application packet please do not hesitate to contact Mr Timothy PBtuns PE Director Division

of Engineering and Program Management at 518-402-7396 1-800-882-9721 in NYS or

Bums@nysefcor

Thank you again for your interest in the CWSRF program and congratulations to you and-the

community you represent on receiving hardship assistance from this invaluable program We look

forward to working with you to ensure that your community has a safe affordable and sustainable

wastewater system for generations to come

Sincerely

C2iiRG//vyrliliGC

Matthew J Millea

Acting President

MJM/GK/NRcc NYSDEC Region 3 - T Rudolph

CTMale - R Flores

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Bcc D Brown

J Levine

B McClintock

T Bums

G Kerzic

T Matthews

F Testa

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Roll call vote on the foregoing Resolution No 2010018 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRolison Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

11

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Revised 1-2110phGovernment Services and Administration

RESOLUTIONN02010019

RE ESTABLISHING DATES OF REGULAR MONTHLY MEETINGS FOR 2010

Legislators COOPER FLESLAND and ROLISON offer the following and move its adoption

WHEREAS fox various reasons it is notconvenient for the regular monthly meetings ofthe

Dutchess County Legislature for 2010 to be held on the dates specified by the Rules of the Legislature now

therefore be it

RESOLVED that the Dutchess County Legislature does hereby adopt the following schedule for its

regular meetings for the calendar year 2010

DATES OF MEETINGS

January 25

February 10March 8

April 12

May 10

June 14

Juiy 1z

August 9

September 13

October 13November 3 -Public Hearing

November 4December 2 -Public Hearing

December7

December 16

aChange due to NYSAC Conference

Change due to Columbus Day HolidayChange due to budget review

rChange due to budget adoption deadline

STATE OF NEWYORI

COUNTY ODDUICHE55

ss

This is to certify thatIthe undersigned Clcek of theLegislature of the County of Dutchess compared the foregoing resolution with the originalresolution now on file in the officeof said clerk and which was adopted by said Legislature on the 2 day o January 201f1 and that the same is a true and correct

tcansccipt of said original resolution and of the whole thereof

IN WITNESS WHEREOF I have hereunto set my hand and seal of said Legislature

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Roll call vote on the foregoing Resolution No 2010019 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRobson Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

12

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Budget Finance and Personnel

Amended 1/21/10RESOLUTION NO 2010020

RE DELEGATION OF AUTHORTTY WITH RESPECT TO CERTAIN REAL PROPERTY

TAX REFUNDS

Legislators BORCHERT FLESLAND and COOPER offer the following and move its

adoption

WHEREAS Section 556 of the Real Property Tax Law requires that the tax levying bodyapprove or reject an application for a tax refund requested for a claimed unlawful entry clerical error or error

in essential fact and

WHEREAS Sectlon 556 of the Real Property Tax Law allows the tax levying body to

delegate the authority to perform the duties of such tax levying body and

WHEREAS said delegation is considered a Type H action pursuant to Article 8 of theEnvironmental Conservation Law and Part 617 of the NYCRR SEQRA and does not requireenvironmental impact statements or any other determination or procedure under Part 617 now therefore be it

RESOLVED that the Dutchess County Legislature hereby designates the Dutchess CountyCommissioner of Finance as the official who shall be authorized o make property tax refunds in accordancewith applicable provisions of Section 556 ofthe Real Property Tax Law and be it further

RESOLVED that the Dutchess County Commissioner of Financesauthority is applicableonly where the recommended refund is TWENTY-FIVE HUNDRED DOLLARS and 00/100 $250000 or

less and be it further

RESOLVED that this resolution and the delegation authority it grants shall only be in effect

during the calendar year in which it is adopted and be it further

RESOLVED that when the Commissioner ofFinance denies the refund in whole or part or

the refund requested is an amount in excess of$250000 the Commissioner of Finance shall submit to the

County Legislature for its review and disposition the Commissionerswritten report and recommendation

together with copies of the application and the reason for the denial ofthe refund and be it future

RESOLVED that on or before the 15th day of each month the Dutchess CountyCommissioner of Finance shall submit a report to the County Legislature of the refunds processed during the

preceding month which report shall contain the name of the recipient the location of the property and the

amount of the refund andbe it further

RESOLVED that this resolution shall be filed in the Offices of the Dutchess County Clerk

and the Clerk of the Dutchess County Legislature APFRVE

CA-Ol-10PBCMdb/ca/G-0145 l2/IS/09 Fiscal Impact NoneAmended in Budget Finance and Personnel 1/2/10Iw

STAITOP NHW YORK

SS

COUNTY OF llUTCHESS

l7tis is m certify that 7 the undezsigned Clexk of theLegislature of t

the original resolution now odfdein the office of said clerk and whichwas adc

same is a true and correct txanscdpt of said original zesolution and ofthe whole

IN WIINlSS WHGRFOPI havehezeunto set my hand and seal o said

WILLIAM R STEINHAUS

COUNTYEXECUTIVE

J xru ess ave compare a ocegmng resouno-7nwtdirislature on the 25day ofJanuary 2010 and that the

ituxe this 25 da o January

OtO1G/jj//yy/CJIF171

SLATURF

Page 126: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Roll call vote on the foregoing Resolution No 2010020 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRobson Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

13

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Budget Finance and Personnel

RESOLUTION NO 2010021

RE QUTI CLAIM DEED PROPERTY IN THE TOWN OF WAPPINGERVILLAGE OF WAPPINGERS FALLSASSESSED UNDER THE NAME OF

NEIGHBORHOOD DAYCARE SERVICES INCGRID135601-6158-14-315297-0000

Legislators BORCHERT INCORONATO and GOLDBERG offer the followingand move its adoption

WHEREAS unpaid tax on property in the Town of Wappinger Village of

Wappingers Falls assessed to Neighborhood Daycare Services Inc for the levy year 2006 anddescribed as Grid No 135601-6158-14-315297-0000 amounting to $1750101 was placed on a

List of Delinquent Taxes filed in the Dutchess County Clerks Office on November 5 2007 forthe tax lien year of 2007 and

WHEREAS Dutchess County instituted an in rem foreclosure proceeding Index

2007/5320 to enforce the collection of delinquent tax liens for the levy year 2006 and the above

property was not redeemed within the time prescribed by law resulting in a judgment offoreclosure and a deed conveying title of the property to Dutchess County which deed was

recorded on July 22 2009 in the Office of the Dutchess County Clerk Document 02 2009

3508 and

WHEREAS the sum of $8055077 was tendered to the Dutchess CountyCommissioner of Finance in payment of all right title and interest which the County may have

acquired in and to the above property by reason of the above deed and in payment of all unpaidtaxes and all other charges due and owing now therefore be it

RESOLVED that the County Executive and Clerk of the Legislature be and theyare hereby authorized empowered and directed to make execute and deliver in the name ofthe

County of Dutchess and of the Legislature of said County a quitclaim deed to NeighborhoodDaycare Services Inc 11 Mill Street Wappingers Falls NY 12590 of any and all interest whichthe County of Dutchess may have acquired in and to the said parcel by reason ofthe above deed

CA-02-10 PBCMdeb/ca 12/18/09 Fiscal Impact None APPROVED

sIrEOFNEWYOIUC

WILLIAM iSTEINHAUSa5

covNlyoFDUrcHESSCOUNTY EXECUTYVE

Tlus is to certify that Ithe undersigned Clerkof the Legislature of theCounty of Dutchess have compared the foregoing resolntiotiwith

theoriginal resolution now on file m theoffice of said clerk and which was adopted by said Lzgislatu e the 25 day ofJanuary 2010 and t dt

same is a the and correct transcript of said original resolution and of the whole thcrei2fj QIN WITNESS WHEREOF I havehereunto set my hand and seal of saidtIxgisla r this25 day

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Roll call vote on the foregoing Resolution No 2010021 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn HortonHutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRobson Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

14

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Budget Finance and Personnel

RESOLUTION NO 2010022

RE REJECTION OF APPLICATION FOR REFUND OF REAL PROPERTY TAXESAPPLICANT Neal Mancuso

Karen Mancuso2 Elm Ct

Fishkill NY 12524ACCOUNT NO 133089-6156-17-184053-0000

Legislators BORCHERT and MICCIO offer the following and move its adoption

WHEREAS there is an assessment on the assessment roll for the Town of LaGrangefor 2008 under the name of Neal Mancuso and Karen Mancuso Account No 133089-6156-17-

184053-000Oand

WHEREAS the owner of said parcel by application attached hereto has applied for a

refund ofreal property taxes on the basis of aclerical error and

WHEREAS pursuant to Section 556 of the Real Property Tax Law the CountyDirector ofReal Property Tax Service has investigated this claim and

WHEREAS it has been determined and certified by said Director that the tax bill as

issued was correct since no clerical error exists and

WHEREAS there is attached hereto the written report of the Director together with

her recommendation that the applicafion be rejected by the County Legislature and

WHEREAS the County Legislature has agreed that the claimed clerical error does not

exist now therefore be it

RESOLVED that the application received December 23 2009 relating to AccountNo 133089-6156-17-184053-0000 for a refund ofreal property taxes be and it hereby is rejected and

be it further

RESOLVED that the Clerk of the County Legislature be and she hereby is authorized

and directed to mail acopy of the rejected application and this resolution to the a licantAPPROVE

CA-08-10 MB/ca/G-0194 1/12/10

51/CCEOpNEW YORK

WILLIAM R STEINHAUSCOUNTY OFllUTCHESS

COINTY EXdECtIJTIi/EThis is to certify that Ithe undersiymed Clerkof the Legistamre of theCounty of Dutchess ave compaze a ozegomg resolution with the

orihnatresolution nowon file in the ofFce of said clerk and wftich was adopted by s gtslaure the 25 day ofJanuary 2010 and that the same is a

nveand correct transcript of said original resolution and ofthewhole thereof / y1

INWITtPSSWHPREOE I have hcecmto set my hand and seal of said Izgiethis 25

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Datcss CvaNty Rai6 Prvprty TaxSrvic1gNCyC O E /nvestignting eport

Legal Description grid 133089-6156-17-184053-0000

OwnersName Neal and Karen Mancuso

Mailing Address 2 Elm Ct Fishkill NY 12524

Property Location 2 Elm Ct

School District Waopinoers Central School Dist Special District

Total Assessed Value now on roll 330000

Taxable Assessed Value now on roll 277580

Exempt codes and amounts if applicable

Corrected to same

Corrected to Same

Amount Levied $279605 Should be Same

Tax Bill Paid X yes no Verified with assessor X yes no

Error Claimed is defined in Real Property Tax Law Section 550

Subdivision 2 Paragraph clerical errorSubdivision 3 Paragraph error in essential factSubdivision 7 Paragraph unlawful entry

Reason

Exemption was approved by assessor but not entered on roll

Exemption amount incorrectly calculated

Assessed value on roll does not match assessorsfinal work product

Structure did not exist on taxable status date or was present on another parcel

Assessment based on incorrect acreage

Parcel should be Wholly Exempt

Parcel Misclassified as homestead non-homestead or portions misallocated

Other

Recommendation APPROVE APPLICATION X DENY APPLICATION

Details It is recommended that the application for a partial refundofthe 2008/09 Cnty/Town tax bill be denied

No evidence ofa mathematical or arithmetical errorwasfound as defined in RPTL 550 2 d The arooer remedy

for this tune ofvaluation error would have been to file an administrative comulaint with the Board of Assessment

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NYS BOARD OF REAL PROPERTISERVICES RP-ssc vo3F

APPLICATION FOR REFUND AND CREDIT OF REAL PROPERTY TAXES

FOR THE YEARs20qrrYPart 1 Tobe completed in duplicate by Applicant For refund orcredit of real property tax submit both copies to County DirectoY f-/YtaltProperty Tax Services in Nassau and Tompkins Counties submit to Chief Assessing Officerorin a village which has retained its saseggrJunit status submit to the village assessor or chairman of villageboazd of trustees The application mustbe submitted within three years oE - - tithe annexation of the wanant for the collection of such tax For an 5mlawful entry as defined in Sec 5507aof the Real Property Tax r iSLaw attach statement signed by assessor ormajority ofboard ofassessors substantiating that assessorshave obtained proofthat parcelshould have been granted tax exempt stains on tax ro1L See definitions on reverse side

Nea 1iar Mancusola Name oFOwner

Elrn CocutFShK1 u a5ay

lb Mailnv Addre s

r a -

Dav8951gt-15o7Eenin2 Telephone Number

a Em c-3 Pazcel Locafion ifdifrerentthan 1b

4 Description of real property as shown on taxroll ortaxbill Include taxmap designalion

5 AccountNodg$ 6a Amountof taxespaid orpayabtelgo56b Dateof payment ifpaidIU$as appears on taxbill

j7 I hereby request a refmd orcredit ofreal property taxes levied fortheyeazsbywrSC 6 1for the following reasons use addifional sheets if necessary le gbodyDie a Matherat- 1 rrror in CornPu-PneoAV Fwl Zb08

kTnootn v m

-aa-Date

PART II For useby COUNTY DIRECTORVIILAGE ASSESSOR Attach written report including documentation andrecommendation Include type of error a5 defined in Sec 550

Date application receivedt

a3 CJ Date wasant annexedTIRecommendation DApprove application- Deny Application

ii -rGtCLIltrG-Dat Signature of OfY al

Ifbox is checked this copy is for assessor and boazd of assessment review of city/town/village ofwhich are to consider attached report and recommendation as equivalent ofpetitions filed pursuant to section 553

PART III For use by TAX LEVYING BODY or OFFICIAL DESIGNATED BYRESOLUTION

Insert Number orDafe

APPLICATION APPROVED Checkreason Clerical errorUnlawful entry DErsor in essential fact

Amountof taxes paid $ Amount of taxes due $

Amountof refund oroutstanding tax to be credited

APPLICATION DENIED Reason

Date Signature of Chief Executive OfficerorOfficial Designated by Resolution

Page 132: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Roll call vote on the foregoing Resolution No 2010022 resulted as follows

AYES 25 - Bolner Borchert Cooper Doxsey Flesland Forman Goldberg Horn Horton

Hutchings Incoronato Jeter-Jackson Kelsey Kuffner MacAvery MiccioRolison Roman Sadowski Surman Thomes Traudt Tyner Weiss White

NAYS 0 ABSTENTIONS 0

Resolution adopted

15

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Amended 1/22/10Revised 1-21-10 ph

Government Services and Administration

RESOLUTION NO 2010023

RE VOLUNTEER CONTRIBUTIONS TO HEALTH INSURANCE BY THE

DUTCHESS COUNTY LEGISLATORS

Legislators Robson Cooper Flesland Borchert Weiss Miccio Roman HutchingsSadowski Kelsey Surman Traudt Bolner Thomes Incoronato and Horton offer the followingand move its adoption

WHEREAS Dutchess County is facing difficult economic times and

WHEREAS the taxpayers ofDutchess County are facing difficulties paying taxes for

necessary government services and

WHEREAS the Dutchess County Legislature adopted Resolution No 209309 on

October 13 2009 which was vetoed by the County Executive on November 13 2009 thatestablished a policy as it pertained to contributions to health insurance benefits by certain elected

county officials now therefore be it

RESOLVED that pursuant to Section202of the Dutchess County Charter the

Legislature is authorized to determine policy and thereby establishes apolicy whereby the

Dutchess County Legislature and the County Comptroller effective January 1 2010 voluntarilycontribute 15 to the cost of their County provided health plan and the same for the CountyExecutive County Clerk Sheriff and District Attorney effective January 1 2012

Amended in Government Services Administration t/21/10 Iw

APPROVED

WILLIAM R STEINHAUSCOUNTY EXECUTIVE

DDate 1

STATH OP NPWYORK

COUNTY OFDU1CHPSS

ss

Phis is to certify that Ithe mdersigned Clerkof the Lcgislatnec of theCounty of Dutchess have compared the foregoing xesolutioo-with

theoriginal msolution now on File in theoffice of said clerk and which was adopted by said Ixgislature on the 25 day ofJanuary 2010 and that the

same is ntmc and ueeeet transcript of said original resolution and of the whole therm

IN WIrNBSS WHEItEOP I have hereunto set my hand and seal of sai Legis re tlus25 day anuary Ol

ffffffA -I3 AN C RK FTIETU12E

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Roll call vote on the foregoing Resolution No 2010023 resulted as follows

Legislator Goldberg moved to table the foregoing resolution until Linda Way Director Risk

Management could be present to address questions duly seconded by Legislator Kuffner

Roll call vote on the foregoing motion resulted as follows

AYES 6 -Goldberg Kuffner Doxsey White Jeter-Jackson MacAvery

NAYS 19 -Rolison Cooper Flesland Horn Borchert Sadowski Roman Tyner WeissBolner Incoronato Miccio Forman Traudt Horton Hutchings ThomesSurman Kelsey

Motion defeated

Legislator Weiss moved to call the questions duly seconded by Legislator Cooper

Roll call vote on calling the question resulted as follows

AYES 20 -Rolison Cooper Flesland Doxsey Horn Borchert Sadowski RomanWhite Weiss Bolner Incoronato Miccio Forman Traudt Horton HutchingsThomes Surman Kelsey

NAYS 5 -Goldberg Kuffner Jeter-Jackson Tyner MacAvery

ABSTENTIONS 0

Motion adopted

Roll call vote on the foregoing Resolution 2010023 resulted as follows

AYES 19 -Rolison Cooper Flesland Borchert Sadowski RomanWhite Tyner Weiss Bolner Incoronato Miccio Forman TraudtHorton Hutchings Thomes Surman Kelsey

NAYS 6 -Goldberg Kuffner Doxsey Horn Jeter-Jackson MacAvery

ABSTENTION 0

Resolution adopted

16

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c$5u o

a k

spy

Dutchess County Legislature

ScottL Volkman

Legislative Counsel22Market Street Poughkeepsie NP 12601

Telephone 845-486-2100 Pax 845-486-2113

TO Linda Way DirectorRisk Management

FROM Scott Vollan

Legislafive Atto

RE Health Insurance Contribution pre-tax

DATE January 22 2010

As you know the Legislature is considering Resolution No 210023 whichwill

voluntarily commit the Legislators to contribute toward their health insurance premiums

This matter was discussed at length at the committee meeting held on January 22 2010as was the memo from Michele Emmett dated 1120/I0

Several legislators expressed concernabout the apparent requirement to file certain forms

prior to the Legislature acting on Resolution No 23 as well as the two day deadline

imposedby that memo

On behalfofthe Government Services Committee I amrequesting that your office assist

the Legislators in filing the necessary paperwork despite the fact that some ofthe papers

will be filed after your deadline

Thank you

c County Legislators

REPLY TO 75 Washington Stteet Poughkeepsie NY 12601

845-454-3250 Fax 845-454-4652

svolkman@gklawuswwwdutchessrrygov

Page 136: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

/55a Dutchess County

a K Department of

- Risk Management@y

William RSeinhaus 22 Mazket Street

County Executive PouglilceepsieNewYork

tinaa sway MEMORANDUM iz6oi

Duector 845486-2030Fax845486-2067

To Dutchess County Legislators

From Linda S Way Director of Risk Management

Date January 25 2010

Re Health Insurance Contributions

I understand that there are additional questions regarding our recent communication to

you relative to your ability to have your health insurance contributions taken from your

paycheck as a pre-tax deduction under the IRS regulation 125 The followinginformation should answer those questions

Dutchess County offers an option to pay for health contributions called the Mini

Flex option under IRS Regulation 125 This option for the employee permits the

employer to remove the amount of their health benefit contributions for the

purpose of calculating taxable wagesTo take advantage of using apre-tax option the regulation requires the employerto have a signed consent form from the employee prior to implementing this

optionThe employee is eligible to enroll in this pre-tax option within 30 days of when

they first sign up for a benefit or when they are first required to make a

contribution or annually during a specified period set by the employerFor returning legislators with health insurance the 30 day period ends January30 2010 For new legislators who are just applying for health insurance your

pre-tax document should be submitted with your health insurance applicationIf you are a new legislator and wish to apply for health insurance you should

complete all necessary paperwork and submit it to my office by 5 PM on January29 2010 Your coverage will then be effective February 1 2010 As a newlyelected official you have until the above noted date to apply for coverage If your

application is not received in my office by that date you may be subject to a

three month waiting period before your coverage will become effective

In accordance with normal payroll timelines we originally had requested the pre-taxdocument be submitted to my office by January 22 2010 but the Finance

department has extended that timeline in this instance and we can accept your

completed form until 10 AM on January 26 2010

If we receive your pre-tax form after 10 AM on January 26 2010 but prior to 5

PM on January 29 2010 it will still be processed and your February 2010 and all

subsequent contributions will be taken as pre-tax deductions

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If any legislator has further questions please call me at 845 486-2039 email me at

Iwayhartmannacodutchessnyusor stop in my office between the hours 9 AM and 5

PM My staff and I will be happy to answer your questions and assist you in completingany necessary paperwork

C James Coughlan ComptrollerScott Volkman Legislative AttorneyPatricia Hohmann Clerk of the Legislature

Page 138: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

FLEXIBLE BENEFIT OVERVIEWPre-Tax ContributionFlex 125 Mini Flex

Dutchess County offers aPre-Tax Contribution Program as an optional part of your

group medical plan This feature is offered through an Employer-sponsored Flexible

Benefits Pans arid allows you to pay your premium contributions for medical coveragewith pre-taz dollars rather than after-tax dollars As a result your costforcoverage is

reduced and your take-home pay increased

This program is made possible by a provision in the Federal Tax code IRS Section

125 which permits employers to establish Flexible Benefit Plans and allows participantsto pay their portion of medical premiums on a pre-tax basis

Who Is EligibleAll actue Bargaining Unit and Confidential Employees who are required to contribute

towards their health insurance who work for Dutchess County and who are covered

under our health insurance are eligible to participate in this program You may enroll ofthe same time you enroll for health insurance coverage However if you enroll forhealth insurance and choose not to enroll in the Flex 125 Plan at that time you must

wait until the next annual transfer period to enroll

Here Is How It Works

Under the Pre-Tax Contribution Program medical plan contributions are deducted from

your pay and applied to cover the cost of your benefits before any taxes are withheldFor income tax purposes your contributions are treated as employer contributionswhich are not subject to Social Security FICA taxes Federal or New York State

income taxes Since your contributions are not reflected as part of your gross annual

earnings yourtaxable income is reduced resulting in lower tax withholdings and highertake-home pay

Savings under this pre-tax arrangement will differ from employee to employee The

actual amount you save will depend upon your individual circumstances such as

whether you have single or family coverage your tax bracket and the number of

withholding allowances you claim

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Flexible Spending Plan Mini-FlexPage 2

Important Points To Consider

The Plan year runs from January 7 to December37

Changes in Benefit Elections -Due to Federal regulations once you are enrolledyou may not change your medical contribution elections for the remainder of the

Play year unless you experience a change in family status A change in familystatus would include the following events

- Marriage or divorce- Death ofyour spouse or child- Birth or adoption of a child- Termination of commencement of your spousesemployment- Certain other events causing a change in coverage status

and vice versa or

- Taking an unpaid leave of absence

Future Social Securify Payments -For individuals earning less than the Social

Security Wage Base your Social Security benefits may be slightly reduced at

retirement since your reportable earnings will be slightly reduced for Social Securitypurposes The effect will be minimal and will be offset by the amount you save in

taxes throughout the years you participate

The attached form must be completed and returned to the Office of Risk Managementat the time you apply for health insurance coverage or during the open enrollment

period

If you have any questions please contact the Office of Risk Management

11/13/2007

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COUNTY OF DUTCHESSPre-Tax Contribution Program Mini-Flex

Election and Compensation Reduction Agreement

Last First MiddleAddress

Department NameHome Telephone Number Social Security Number-

I elect to participate in the County of Dutchess Flexible Benefits Plan and receive my

group health coverage under the Plan on a pre-tax basis I hereby agree that my cash

compensation will be reduced by the amount of my required contribution for the health

plan and this will continue for each succeeding pay period until this agreement isamended or terminated

I acknowledge that

-I have enrolled for group health coverage on the applicable enrollment form Theamount of my required contribution is explained on a schedule which has been providedto me and this amount may change automatically from time to time as required by the

County of Dutchess

-I will not be permitted to change or revoke this election prior to the end of the Plan Yearexcept in the event of certain special circumstarices including a change in family or

coverage status as defined in the Plan

-Prior to January 1 each year i will be offered the opportunity to change my benefitelection for the new calendar year If I do not make a new election at that time I will betreated as having elected to continue- the health coverage then in effect for the -new

calendar year and having agreed to the continuation of the above CompensationReduction /agreement

-If I earn less than the Social Security Wage Base my benefits may be slightly reducedat retirement since my reportable earnings are reduced for Social Security tax purposes

i have been given the opportunity to enroll in the County of Dutchess Flexible BenefitsPlan but I do not elect to participate

This agreement is subject to the terms of the County of Dutchess Flexible Benefits Plan asamended from time to time and revokes any previous Election and Compensation Reduction

Agreement which i have signed under this Plan related to the Pre-Tax Contribution Program

Employee Signature Date

Please return to the Office of Risk Management

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Proclamation SSIf Anniversary of the Passing of City ofBeaconVolunteer Firefighter J Robert Cramer

Legislators MACAVERY and FORMAN move the following and offeris adoption

WHEREAS January 29 2010 is the anniversary of the death ofFirefighter J Robert Cramer and

WHEREAS as many times before along with his brother Firefighters Cramer responded to the call of

duty and

WHEREAS on a cold winter night in January 1955 Firefighter J Robert Cramer responded to an alarm

at a tavern with an apartment located on Main Street and

WHEREAS upon hearing a report of a child in the apartment abandoning his own personal safetyFirefighter Cramer entered the building and

WHEREAS when the fire was extinguished Cramersbody was found lifeless and

WHEREAS his wife and young family were grief-stricken this loss also devastated the residents of the

City of Beacon and

WHEREAS Firefighter Cramersvalor and selflessness is symbolic of all the men and women who

always stand ready and willing to respond to fires and other emergency situations in our communitiesnow therefore be it

RESOLVED that the Dutchess County Legislature on behalf of all the people ofDutchess County does

hereby in solemn remembrance acknowledge the 55th anniversary of the brave and heroic act of the

Volunteer Firefighter J Robert Cramer

Res No 2010024

STATE OP NEWYORK

ss

COUNTY OF DUTCHFSS

Tltis is to certify that I the undersigned Clcxk of the Legislatuec of the County of Dutchess havecompaxcd he foregoing msolution with

the orilMnal resolution now on file in the office ofsaid clerk and which was adopted by said LegislaNre on the 25sday of January 2010 and that the

same is atrue and correct transcript ofslid original resolution and of the whole thereof

IN WITNESS WHEREOF I havehereunto set my hand and seal ofsaid Legislature this 25 dayofanuary 2010

PA172ICIA HOHMAN CLERKOFTHE LEGISLATURE

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Resolution No 2010024 entitled Proclamation 55hAnniversary of the Passing ofCityof Beacon Volunteer Firefighter J Robert Cramer was unanimously adopted

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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

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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

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The foregoing local law Resolution No 2010025 was laid on the desk at this time

and considered at the February 11 2010 Regular Board Meefing

Roll call vote on 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 if Legislative Counsel

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

resolution because he works for acontractor

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 Code

was 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 atall

Resolution adopted

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

March 19 2010

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Page 146: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

Laid on Desks 1/25/10

Government Services Administration

Tabled in Government Svs Adm 2/4/10

Discharge from Committee 5/10/10

RESOLUTIONN020100026

RE A LOCAL LAW REQUIRING ELECTED OFFICIALS TO CONTRIBUTE

TO THE COST OF THE COUNTY HEALTH INSURANCE BENEFIT

Legislators ROLISON COOPER FLESLAND FORMAN HORTONHORNHUTCHINGS BORCHERT MICCIO and WEISS offer the following and move its adoption

RESOLVED that the Legislature ofthe County of Dutchess adopt Local Law No 2 of

2010 which has been submitted this day for considerationby said Legislature

APPROVED

STATE OF NEW YORK

ss

ILLI M R 5TEINHAUSCOUNTY EXECUTIVE

Date U UCOUNTY OF DUTCHESS

This is to certify thatIthe mdersigned Clerk ofthe Legislature of theCounty ofDutchess have compazed the foregoing resolution with

the original resolution now on file in the office oEsaid clerk and whichwas adopterbStdLegislature on the 10th day of Map 2010 and that the

same is atme and correct transuipt ofsaid original xesolutian and ofthe whole th reof n

IN WITNESSWHEREOF I havehereunto set my hand and seat of raid Legiylaure this 10th

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LOCAL LAW N02OF 2010

RE A LOCAL LAW REQUIRING ELECTED OFFICIALS TO CONTRIBUTE

TO THE COST OF THE COUNTY HEALTH INSURANCE BENEFIT

BE IT ENACTED BY THE County Legislature of the County ofDutchess as follows

SECTION l Legislative Intent

The Dutchess County Legislature has determined that in the interest of fiscal responsibilityduring difficult economic times that all elected officials including the County ExecutiveCounty Sheriff County Clerk County Comptroller District Attorney and members ofthe

County Legislature shall contribute towards their health insurance benefits provided by the

County The County Legislature has heretofore adopted avoluntary policy requiring the CountyLegislature and the County Comptroller whose terms started January 1 2010 to contribute

towards their health insurance premiums This Local Law is intended to make the contribution

for health insurance benefits arequirement for those officials that took office on January 1 2010

and for all other elected officials at the commencement of their term following the next

countywide election For terms to commence on January 1 2012

SECTION 2 Establishing a Health Benefit Contribution

Elected officials including the County Executive County Sheriff County Clerk CountyComptroller District Attorney and member ofthe County Legislature shall contribute 15of

the cost of the premiums forhealth benefits provided to them as aresult oftheir Countyemployment Those elected officials who participate in the County sponsored health insurance

program -shall have 15of the cost of that benefit deducted from their salaries at appropriate pay

periods as determined by the appropriate county department upon the effective date of this Local

Law

SECTION 3 Severability

If any part of this ordinance is found to be illegal by a Court of competent jurisdiction the

remaining sections shall remain in full force and effect

SECTION 4 Effective Date

This Local Law shall take effect immediately upon filing in the New York State Secretary of

StatesOffice and shall be mandatory for all elected officials upon the commencement of their

terms subsequent to the effective date ofthis Local Law

Page 148: County Legislature:Board Meeting Minutes January 25, 2010 ...€¦ · December 29 2009 Dutchess County Department of Central Services ... IN WITNESS WHEREOF I have hereuntoset my

The foregoing Resolution No 2010026 was laid on the desk at this time and was tabled

in Government Services and Administration Comrittee on February 4 2010 Atthe

May 10 2010 Legislator Cooper moved to Discharge from Committee Resolution No

2010026 entitled A Local Law Requiring Elected Officials to Contribute to the Cost ofthe County Health Insurance Benefit duly seconded by Legislator Flesland

Roll call vote on the foregoing motion to Discharge from Committee resulted as follows

AYES 19 - Rolison Cooper Flesland Horn Borchert Sadowksi JrRoman TynerWeiss Bolner Incoronato Miccio Forman Traudt Horton HutchingsThomes Surman Kelsey

NAYS 6 - Goldberg Kuffner Doxsey White Jeter-Jackson MacAvery

ABSENT 0

Motion adopted

Legislator Cooper moved to Call the Question duly seconded by Legislator Flesland

Roll call vote on the foregoing motion to Call the Question resulted as follows

AYES 18 - Rolison Cooper Flesland Horn Borchert Sadowksi Jr Roman WeissBolner Incoronato Miccio Forman Traudt Horton Hutchings ThomesSurman Kelsey

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

ABSENT 0

Motion adopted

Roll call vote on the foregoing Resolution No 2010026 resulted as follows

AYES 19 - Rolison Cooper Flesland Horn Borchert Sadowksi Jr RomanTyner Weiss Bolner Incoronato Miccio Forman Traudt HortonHutchings Thomes Surman Kelsey

NAYS 6 - Goldberg Kuffner Doxsey White Jeter-Jackson MacAvery

ABSENT 0

Resolution adopted

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The County Executive held apublic hearing on the foregoing local law on TuesdayMay 25 2010 at 10 amand signed it into law on June 10 2010 The effective date was

June 25 2010

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

Rules were suspended to allow the public to address the Legislature on agenda and non-

agenda items

Constantine Kazolias City ofPoughkeepsie New York spoke in favor of Resolution

Nos 2010023 entitled Volunteer contribution to Health Insurance by the Dutchess

County Legislators and Resolution No 2010012 Repealing an exemption from sales

and compensating use taxes for receipts from retail sales of and consideration given or

contracted to be given for certain clothing and footwear pursuant to the authority of

Article 29 of the Tax Law of the State of New York he also questioned when the

Legislature was going to discuss Solid Waste

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

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

meeting adjourned at830pm subject to the call ofthe Chair

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