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2017-07-20Town of Wappinger Special Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Thursday, July 20, 2017 8:00 PM Town Hall Call to Order Supervisor Lori A. Jiava called the meeting to order at 8:00 PM. Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Absent William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Absent Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Ian Lindars Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM Pledge of Allegiance Adopt Agenda 1. Motion To: Adopt Agenda Amended to remove July 10 minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton IV. Resolutions RESOLUTION: 2017-133 Resolution Of Intent To Serve As Lead Agency For State Environmental Quality Review (SEQR) For Woodhill Green Water District Serviced By Village Of Wappingers Falls WHEREAS, the Woodhill Green Condominium is located in the Town of Wappinger just outside of the boundaries of the Village of Wappingers Falls; and Town of Wappinger Page I Printed 712412017 Special Meeting Minutes July 20, 2017 WHEREAS, private water supply system for the Woodhill Green Condominium is quite old and located in the Town of Wappinger just outside of the boundaries of the Village of Wappingers Falls; and WHEREAS, connecting the Woodhill Green Condominiums to the Village of Wappingers Falls water system would be a desirable long-term solution for the supply of water to its residents; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls made a joint application to obtain a grant for this project from the New York State Environmental Facilities Corporation ("EFC") and the board of managers of the Woodhill Green Condominium has unanimously supported the grant application; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into negotiations for an Intermunicipal Agreement which will allow for a connection between the Woodhill Green Condominiums and the Village of Wappingers Falls Water system which would supply potable water to the Condominium; and WHEREAS, the Engineers to the Town have conducted a study to determine the feasibility of connecting Woodhill Green Condominiums to the Village of Wappingers Falls Water System; and WHEREAS, implementation of the project is subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Engineers to the Town prepared a Part 1 Environmental Assessment Form (EAF) which identifies that approximately 0. 18 acres of land will be disturbed in constructing the project; and WHEREAS, the proposed action requires approvals from the following involved agencies: the Town Board of the Town of Wappinger, the Board of Trustees of the Village of Wappingers Falls, the NYS Environmental Facilities Corporation, the New York State Department of Health (NYSDOH); the Dutchess County Health Department, the NYS Department of Transportation, the Dutchess County Department of Public Works, and the Village of Wappingers Falls Superintendent of Streets. NOW, THEREFORE, BE IT RESOLVED, as follows: 1) The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2) After comparing the thresholds contained in 6 NYCRR 617.4 and 5 to the contents of the EAF Part 1, the Town Board hereby determines that the proposed action is an Unlisted action under the SEQRA. 3) The Town Board hereby determines that because of the number of involved agencies which must approve the proposed action, coordinated review of the action pursuant to 6 NYCRR 617.6 is appropriate. 4) The Town Board declares its intent to serve as Lead Agency in a coordinated SEQRA review of this project and hereby directs the Town Clerk to transmit a copy of this Resolution to serve as the Notice of Intent to Serve as Lead Agency upon the involved agencies together with the Engineer's Report, the EFC Grant application and the EAF Part 1. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 2 Printed 712412017 Special Meeting Minutes July 20, 2017 ✓ Vote Record - Resolution RES -2017-133 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava VoterQ ...... ....... ❑ ........ . ❑ ... ❑ ❑ Defeated William H. Beale .. Voter ................ ❑ ....... ...... ❑ ....... ❑ ....... ... Q ...... .. ❑Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter ❑❑ ❑ Q Michael Kuzmicz Seconder Q ❑ 0 0 Dated: Wappingers Falls, New York July 20, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-134 Resolution Of Intent To Serve As Lead Agency For State Environmental Quality Review (Segr) For Emergency Interconnection Between United Wappinger Water District And Village Of Wappingers Falls Water System WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into negotiations for an Intermunicipal Agreement which will allow for a connection between the United Wappinger Water District and the Village of Wappingers Falls Water system which would supply potable water from one water system to the other water system in the case of an emergency; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls made a joint application to obtain a grant for this project from the New York State Environmental Facilities Corporation ("EFC"); and WHEREAS, the Engineers to the Town have conducted a study to determine the feasibility of constructing the emergency interconnection; and WHEREAS, implementation of the project is subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Engineers to the Town prepared a Part 1 Environmental Assessment Form (EAF) which identifies that approximately 0.34 acres of land will be disturbed in constructing the project; and WHEREAS, the proposed action requires approvals from the following involved agencies: the Town Board of the Town of Wappinger, the Board of Trustees of the Village of Wappingers Falls, the NYS Environmental Facilities Corporation, the New York State Department of Health (NYSDOH); the Dutchess County Health Department, the Dutchess County Department of Public Works, the Town of Wappinger Superintendent of Highways and the Village of Wappingers Falls Superintendent of Streets. NOW, THEREFORE, BE IT RESOLVED, as follows: 1) The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2) After comparing the thresholds contained in 6 NYCRR 617.4 and 5 to the contents of the EAF Part 1, the Town Board hereby determines that the proposed action is an Unlisted action under the SEQRA. 3) The Town Board hereby determines that because of the number of involved agencies which must approve the proposed action, coordinated review of the action pursuant to 6 NYCRR 617.6 is appropriate. Town of Wappinger Page 3 Printed 712412017 Special Meeting Minutes July 20, 2017 4) The Town Board declares its intent to serve as Lead Agency in a coordinated SEQRA review of this project and hereby directs the Town Clerk to transmit a copy of this Resolution to serve as the Notice of Intent to Serve as Lead Agency upon the involved agencies together with the Engineer's Report, the EFC Grant application and the EAF Part 1. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-134 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H. Beale .............................. Voter .......... ...... ❑ ....... ....I.... ❑ ....... ... I.... ❑ ....... ..... El ...... .. ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter ..,........ ❑ ............. ❑ ................ ❑ ................ Q ........ Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York July 20, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-135 Resolution Of Intent To Serve As Lead Agency For State Environmental Quality Review (SEQR) For Wildwood Sewer District Wastewater Treatment Plant Replacement WHEREAS, the NYS Department of Environmental Conservation renewed the State Pollutant Discharge Elimination System (SPDES) Permit for the Wildwood Sewer District Wastewater Treatment Plant but the permit reduced the effluent discharge limits for the facility; and WHEREAS, the existing wastewater treatment plant cannot comply with the reduced effluent limits so it must be replaced; and WHEREAS, the Engineers to the Town have conducted a study which indicates that the most cost-effective way of treating the wastewater from the Wildwood Sewer District is to construct a sewer trunk line to transmit the wastewater to the Village of Wappingers Falls wastewater system which would then convey the wastewater to the Tri -Municipal Sewer Plant for treatment; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into negotiations for an Intermunicipal Agreement which will allow for the connection of the Wildwood Sewer District to the Village of Wappingers Falls sewer system; and WHEREAS, implementation of the project is subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Engineers to the Town prepared a Part 1 Environmental Assessment Form (EAF) which identifies that approximately 1.41 acres of land will be disturbed in constructing the project; and WHEREAS, the proposed action requires approvals from the following involved agencies: the Town Board of the Town of Wappinger, the Board of Trustees of the Village of Wappingers Falls, the NYS Environmental Facilities Corporation, the New York State Department of Environmental Conservation (NYSDEC), the Tri -Municipal Sewer Commission, Town of Wappinger Page 4 Printed 712412017 Special Meeting Minutes July 20, 2017 the New York State Department of Health (NYSDOH); the NYS Department of Transportation; the Dutchess County Department of Public Works and the Dutchess County Health Department. NOW, THEREFORE, BE IT RESOLVED, as follows: 1) The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2) After comparing the thresholds contained in 6 NYCRR 617.4 and 5 to the contents of the EAF Part 1, the Town Board hereby determines that the proposed action is an Unlisted action under the SEQRA. 3) The Town Board hereby determines that because of the number of involved agencies which must approve the proposed action, coordinated review of the action pursuant to 6 NYCRR 617.6 is appropriate. 4) The Town Board declares its intent to serve as Lead Agency in a coordinated SEQRA review of this project and hereby directs the Town Clerk to transmit a copy of this Resolution to serve as the Notice of Intent to Serve as Lead Agency upon the involved agencies together with the Engineer's Report, the EFC Grant application and the EAF Part 1. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-135 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q❑ ..❑..... ❑ ❑ ❑ Defeated William H. Beale ...................Voter ..... ❑.........,.... ❑........,.......El ....., ❑ Tabled William Ciccarelli Seconder ........ CSI❑ ............... ❑ ❑ .. ❑ Withdrawn John J. Fenton Voter ❑ ❑ ❑ Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 20, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-136 Resolution Authorizing Town Supervisor To Execute And Provide Any Additional Documentation In Connection With NYS Environmental Facilities Corporation Grants WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into negotiations for an Intermunicipal Agreement which will allow for the following water and sewer projects: i) Wildwood Sewer District connection to the Tri -Municipal Sewer System, including a sewer connection to Woodhill Green Condominiums; ii) An emergency interconnection between the water systems of the Village of Wappingers Falls and United Wappinger Water District; and iii) Establishment of a Water District to serve Woodhill Green Condominium and potentially other nearby properties. Town of Wappinger Page 5 Printed 712412017 Special Meeting Minutes July 20, 2017 WHEREAS, on June 14, 2017 the Town Board authorized the Town Supervisor by Resolution No. 2017-121 to prepare, sign and submit grant applications to the New York State Environmental Facilities Corporation to facilitate the above water and sewer infrastructure improvements; and WHEREAS, the Town of Wappinger, on behalf of Village of Wappingers Falls and Woodhill Green Condominiums, prepared two grant applications to the New York State Environmental Facilities Corporation ("EFC"); and WHEREAS, the first application was under the NYS Water Infrastructure Improvement Act (WIIA) and NYS Intermunicipal Water Infrastructure Grants Program (IMG), Drinking Water program (hereinafter "Drinking Water" grant); and WHEREAS, the Drinking Water grant application was for two projects, the first is an emergency interconnection between the Town of Wappinger's United Water District and the Village of Wappingers Falls water system and the second project is a permanent connection between the Woodhill Green Condominiums and the Village of Wappingers Falls water system; and WHEREAS, the second application was under the NYS Water Infrastructure Improvement Act (WIIA) and NYS Intermunicipal Water Infrastructure Grants Program (IMG), Clean Water program (hereinafter "Clean Water" grant); and WHEREAS, the Clean Water grant application is for the connection of the existing Wildwood Sewer District and the Woodhill Green Condominium to the Village of Wappingers Falls sewer system which would then transmit the wastewater to the Tri -Municipal Wastewater System; and WHEREAS, the Town of Wappinger, the Village of Wappingers Falls and the management board of Woodhill Green Condominiums were all unanimously in support of the infrastructure improvements and the efforts to secure the grants and any additional funding; and WHEREAS, the EFC grant programs may provide up to 40% of the net eligible project costs and the Town of Wappinger and the Village of Wappingers Falls are investigating additional sources of funding to pay for the balance of the cost of construction; and WHEREAS, the estimated project costs and funding are set forth in detail within the grant applications; and WHEREAS, the applications were signed by the Town Supervisor and submitted to EFC on June 23, 2017; and WHEREAS, this Resolution is to authorize the Town Supervisor to execute and provide any additional documentation that may be necessary in connection with the above Grant applications and to accept any grant that is awarded. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Town of Wappinger Page 6 Printed 712412017 Special Meeting Minutes July 20, 2017 2. The Town Board of the Town of Wappinger acting as Trustees of the United Wappinger Water District and the Wildwood Sewer District hereby declares its intent to join with the Village of Wappingers Falls and the management board of Woodhill Green Condominiums in the Town's efforts to secure grants from EFC and any additional funding to facilitate the above infrastructure improvements. 3. The Town Board hereby declares its continued support of the Drinking Water and Clear Water grant applications and the pursuit of funding for the above infrastructure improvements. 4. The Town Board hereby determines that the source of funding for the projects shall be grants for 40% of the net eligible project costs and the balance shall be paid by the issuance of general obligations bonds issued by the Town of Wappinger on behalf of the United Wappinger Water District, the Wildwood Sewer District and a newly created water district to service Woodhill Greens as well as a capital contribution by the Village of Wappingers Falls in the amount of $162,625.00 which is subject to revision should additional grants or funding sources become available. 5. The Town Supervisor is hereby authorized to execute any and all additional documents in connection with said grant applications and to supply such additional information as may be required for such grant applications. 6. The Town Supervisor is hereby authorized to accept any grants awarded subject to all EFC regulations and subject to further action by the Town Board to utilize the funds in accordance with the terms of the grant award. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-136 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava VoterQ ...... ....... ❑ ......... ❑ ... ❑ ❑ Defeated William H. Beale .. Voter ................ ❑ ....... ...... ❑ ....... ❑ ....... ... Q ...... .. ❑Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter ❑ ❑ ❑ Q Michael Kuzmicz Seconder Q ❑ 0 0 Dated: Wappingers Falls, New York July 20, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-137 Resolution Authorizing Temporary Borrowing From The United Wappinger Sewer District Account WHEREAS, by Resolution 2017-81, adopted by the Town Board on March 13, 2017, the Town Board authorized the issuance of $280,000 in Serial Bonds to be issued by the Town to pay for cost of improvements to the Mid Point Park Sewer District; and WHEREAS, the Town Comptroller has advised the Town Board that the improvements have been completed and that there are bills due totaling the amount of $157, 418.00 from Arold Construction Co., Inc. that need to be paid; and Town of Wappinger Page 7 Printed 712412017 Special Meeting Minutes July 20, 2017 V. 1. WHEREAS, the Town Comptroller has further advised the Town Board that there are unallocated fund balances within the United Wappinger Sewer District account which could be temporarily loaned to pay Arold Construction Co., Inc. until the Bond is issued. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations incorporated above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Supervisor to temporarily borrow up to $280,000.00 from the United Wappinger Sewer District unallocated fund balance to pay Arold Construction Co., Inc. for the work performed totaling the amount of $157,418.00 in connection with the Mid Point Park Sewer District improvements. 3. The Town Board hereby authorizes the following budget line transfer: Amount From Line To Line $280,000.00 SU630 HSM391 United Wappinger Sewer District Mid Point Park Sewer Collection System Capital 3. The Town Board directs that upon the issuance of the authorized Serial Bonds, any funds temporarily borrowed shall be reimbursed to the unallocated fund balance of the United Wappinger Sewer District prior to December 31, 2017 together with interest at the rate of .3% per annum pro -rated to date of payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-137 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava „Voter Q ................ ❑ ❑ ❑ ❑ Defeated William H. Beale ... Voter ................... ❑ ....... ❑ ... ....... .... ❑ ......,.......Q.. ....... ............ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter ❑ ❑ ❑ .. Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 20, 2017 The Resolution is hereby duly declared Adopted. Floor Authorizations Motion To: Appoint Grace Robinson to Assist w/ Tax Receiver Duties From July 21st to and Including August 3rd Appoint Grace Robinson to Assist with the Tax Receiver Duties From July 21st to and including August 3rd, for 10 days, at $35.00 per day from line item A1330.103. Town of Wappinger Page 8 Printed 712412017 Special Meeting Minutes July 20, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton 2. Motion To: Appoint Geoffrey Weaver as Deputy Fire Inspwecot Paid from line item B3410.101 to not exceed 17.5 hours per week as needed at the rate of $17.50 Der hour. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton 3. Motion To: Place signs at Martz Field for Access Restrictions for the general public during summer camp activities These restrictions will aDDly uD and until August 14th. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton 4. Motion To: Authorize Refund of $84 to Audrey Curry for 42 unused Senior Garbage Tickets RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton 5. Motion To: Purchase Mulch for $2,201.74 from Parkland Trust due to Underestimated Amount of Mulch Needed at Playgroung at Martz Field Town of Wappinger Page 9 Printed 712412017 Special Meeting Minutes July 20, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton VI. Adjournment 1. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:28 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, Michael Kuzmicz ABSENT: William H. Beale, John J. Fenton Town of Wappinger Page 10 Printed 712412017