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2019-09-23 Town of Wappinger Regular Meeting ~ Minutes ~ I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Christopher Phillips Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Tim Moot Consultant Engineer Present 7:30 PM David Stolman Consultant Attorney Present 7:30 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Acknowledge Minutes Sep. 9, 2019 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 3. Coleman Dusavage Recognition Supervisor Thurston read a proclamation to recognize Coleman Dusavage. Nothing was given to the Town Clerk for recording in these minutes. 4. Census Preview Dutchess County Complete Court Committie- John Penny Town of Wappinger Page 1 Printed 9/27/2019 John Penny from the Dutchess County Complete Court Committee came to explain the importance of the census. He presented a slide show to the board. The survey will be sent to people and continue throughout March. The name address and number of people are the most important elements needed. Councilwoman Bettina asked if the information is online with the county and Mr. Penny affirmed. It is also on the town website. IV. Public Hearings 1. Motion To: Open Nerp Tractor Supply-Water District Expansion Ng dec issues by planning board not town board. Mr Alexander appeared in support of the project and asked to be a customer of the district. They agreed to send a notification of everyone on Fowlerhouse Road. Mr. piper appeared. He said he always expected the planning board would protect the commercial land behind. There was no intent to protect the home owner and accused the Town attorney of protecting the Tractoe Supply over the homepowners. He said the Planning board did not respond to the time factor and felt that it was rushed through. He said that Tractor Supply will be added to the system but the long time residents will not. David Selber of 13 Fowlerhouse Road appeared. He felt it was a hugh invaion of privance, He also cited that water and sewer would be granted to them but not the residents. He said the members of the town board had their minds made up. He said the EPA stated that large commercial projects close to resident could have large negative effects. He said the contamination can be long lasting and expensive. He urged the board to consider the welfare of the residents. He said the Planning board would not let him read his statement and questioned the use of a Public Hearing. Gail Pieferr 4 fowlerhouse rd appeared. She said she felt this was already pre-approved and the boards simply went through the motions. She said the buyer should looked to purchase unused existing commercial properties. 6 Fowlerhouse road said there was other properties that could be used.vacant land. He said he has been waiting for water for 20 years. He said the applicant if not given would roll the dice in polluting their wells. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Hearing Town of Wappinger Page 2 Printed 9/27/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 3. Motion To: Open Nerp Tractor Supply- Sewer District Expansion Applicant Neil Alexander appeared in a similar fashion to express his support and benefits for this project. The details are availlable on the town website video. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 4. Motion To: Close Public Hearing RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 5. Motion To: Myers Corners Landing-Water District Expansion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 6. Motion To: Close Public Hearing RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz V.Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 3 Printed 9/27/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz VI. Discussions 1. Nine Element Plan For the Watershed- Corey Town of Wappinger Page 4 Printed 9/27/2019 Wappinger Creek Nine-Element Watershed Management Plan Watershed Overview - a 303(d) Impaired Water body tewater treatment facilities and thousands of septic systems discharge into Wappinger Creek Town of Wappinger Page 5 Printed 9/27/2019 Project Overview -contractors: Town of Wappinger Page 6 Printed 9/27/2019 2. Traffic Calming Issues Supervisor Thurston cited a letter he had written to Senator Serino find a better solution. 3. Motion To: Basketball Instructors Interviews- Jessica Director Fulton notified the board that Mr. Eugene Vargas is the candidate for the vacant Basketball Clinic Instructor. He was hired by the town board at $25 per hour. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 4. Carnwath Update on various item- Frazier/Cavaccini Shannon Lasher proposed a farmer's market at Carnwath park. She gave a letter to the Town Clerk for which the MS Word document is attached: 5. Appointing Vol as EEOC Officer The discussion was postponed to Executive Session. 6. Update On Wildwood Sewer - Tim Moot Tim Moot updated the Wildwood Sewer project. The discussion is available on the Town website video. A Power Point presentation was given but nothing was given to the Town Clerk for recording in these minutes. 7. Outfield Fence Replacement at Castle Point- Frazier Town of Wappinger Page 7 Printed 9/27/2019 Steve Frazier explained the condition of the outfield fence at Castle Point park. Steve promised to put a capital improvement plan in place for the parks fields by the next meeting. 8. Setting dates for Budget Meetings Oct 23 to Oct 21 at 7:30 RESOLUTION: 2019-183 Resolution Scheduling Town Board Meetings To Adopt Budgets For Fiscal Year 2020 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, must prepare the Tentative Budget for the Town of Wappinger for delivery the Town Board for review, examination and possible revision; and WHEREAS, Town Law §106 requires the Budget Officer of the Town to submit the Tentative Budget to the Town Clerk on or before September 30; and WHEREAS, Town Law §106(3) requires the Town Clerk to deliver the Tentative Budget to the Town Board at a regular meeting on or before October 5; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 20, 2019; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:30 p.m. on the following dates for the purpose of examining, discussing, deliberating and adopting the Town Budget for fiscal year 2020, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 23, 2019 Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2020 and Setting a Public Hearing on October 15, 2019 to Hear Any Objections Thereto; Adopt Resolution Setting Public Hearing for October 19, 2019 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2020 and to Hear Any Objections Thereto; Special Town Board Meeting Monday, September 30, 2019 Town of Wappinger Page 8 Printed 9/27/2019 Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Regular Town Board Meeting Tuesday, October 15, 2019 Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; Adopt Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2020; Budget Discussions Regarding the following departments: Water and Sewer Districts and Improvement Areas Drainage Districts Recreation, Parks and Senior Center Code Enforcement Highway Special Town Board Meeting Monday, October 21, 2019 Budget Discussions Regarding the following departments: Buildings and Grounds; Supervisor and Town Board Accounting Justice Court Tax Receiver Assessor Town Clerk Animal Control Regular Town Board Meeting Monday, October 28, 2018 Adopt Preliminary Budget for Fiscal Year 2020 and Schedule Public Hearing on Preliminary Budget for November 7, 2018; Special Town Board Meeting Wednesday, November 6, 2019 Open Public Hearing on Preliminary Town Budget; Adopt Annual Budget for Fiscal Year 2020. BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed to post this Resolution, together with all Notices of Public Hearings on the sign board maintained The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 9 Printed 9/27/2019 Vote Record - Resolution RES-2019-183 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. VII. Resolutions RESOLUTION: 2019-178 An Order Making Certain Determinations In Relation To And Approving The Establishment Of Extension No. 8 (Myers Corners Landing Subdivision) To United Wappinger Water District Of The Town Of Wappinger, Dutchess County, New York, Pursuant To Article 12 Of The Town Law Town of Wappinger Page 10 Printed 9/27/2019 Town of Wappinger Page 11 Printed 9/27/2019 Town of Wappinger Page 12 Printed 9/27/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-178 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-179 Resolution Introducing Local Law No. 7 Of 2019 Which Would Amend Chapter 240, Zoning, Chapter 230, Vehicles And Traffic, Chapter 217, Subdivision Of Land And Chapter 175, Peddling And Soliciting, Of The Town Code With Respect To A Variety Of Matters Town of Wappinger Page 13 Printed 9/27/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-179 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York Town of Wappinger Page 14 Printed 9/27/2019 September 23, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-180 Resolution Authorizing Refund Of Cash Deposit Securing Undertaking For Tree Removal Furnia Subdivision WHEREAS, on March 12, 2018, the Town Board adopted Resolution 2018-73 accepting a Cash Deposit which secured the obligation of Hybrid Homes Developers LLC to restore trees cleared on its property should it not receive final subdivision approval for the Furnia Subdivision; and WHEREAS, Shane Furnia deposited bank checks in the amount of $7,500 Dollars as security for the obligations; and WHEREAS, the Planning Board approved the subdivision plat for the Furnia Subdivision which was filed in the Office of the Dutchess County Clerk on August 1, 2019; WHEREAS, Shane Furnia has requested the return of the cash deposit; NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes a refund of $7,5000 to Shane Furnia being held in escrow for tree restoration purposes on the Furnia Subdivision. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-180 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Mover Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-181 Resolution Authorizing Refund Of Planning Board Escrow For 54 Valentine Drive WHEREAS, Cathy McErlearn-Goddard made application to the Planning Board for a Site Plan approval on July 25, 2014; and WHEREAS, Cathy McErlearn-Goddard deposited a bank check in the amount of $1,500 which was credited to Planning Board Escrow Account 14-3315 for the payment of consultant review fees associated with a site plan application; and WHEREAS, consultants to the Planning Board reviewed the application and billed the escrow account for the services rendered; and WHEREAS, on October 27, 2014, the Chairman of the Town of Wappinger Planning Board signed a resolution of approval and all of the consultants bills have been reviewed and audited; and Town of Wappinger Page 15 Printed 9/27/2019 WHEREAS, Cathy McErlearn-Goddard has requested the return of the balance remaining in the escrow account; NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes a refund of $840.85 which is the balance remaining in Escrow Account 14-3315 after all appropriate charges were paid. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-181 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-182 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-182 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York Town of Wappinger Page 16 Printed 9/27/2019 September 23, 2019 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business RESOLUTION: 2019-184 Resolution Setting Public Hearing On Proposed Budgets, O&M Charges, Water/Sewer Rates And Rents For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2020 And To Hear Any Objections Thereto WHEREAS, the Town Board annually establishes budgets for the financing of capital improvements of all Special Improvement Districts and Special Improvement Areas within the Town of Wappinger for the ensuing year, and as part of the budget process the Town Board establishes Operation and Maintenance Charges (O&M Charges), Rates and/or Rents, to be charged against those properties within said Special Improvement Districts or Special Improvement Areas; and WHEREAS, the Town Board will have completed the proposed budgets for the financing of capital improvements for the proposed quarterly O&M Charges, Rates and Rents to be charged against those properties within said Special Improvement Districts and Special Improvements Areas for Fiscal Year 2020 no later than October 1, 2019; and WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a Public Hearing to be held on October 15, 2019 for the purposes of hearing and considering any objections which may be made to the aforementioned proposed budgets, and the proposed quarterly O&M Charges, Rates and Rents for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2020; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing to be held at a regular meeting of the Town Board on October 15, 2019 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the proposed budgets and the proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, as noted below, for Fiscal Year 2020. SPECIAL IMPROVEMENT DISTRICTS: Town-wide Ambulance District United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid-Point Park Sewer District Cameli Lighting District Chelsea Lighting District Town of Wappinger Page 17 Printed 9/27/2019 Hughsonville Lighting District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District The Hamlet Conservation Park District Fieldstone Conservation Park District Kendall Farms Conservation Park District SPECIAL IMPROVEMENT AREAS: WST/TIA - Phase 3A Sewer Improvement Area #5 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area BE IT FURTHER RESOLVED that the Town Clerk is directed to publish a Notice of Public News and Poughkeepsie Journal, not less than five (5) days prior to said public hearing date and is further directed to post the Notice of Public Hearing on the Message Board of the Town and on the Town website as set forth above. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-184 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Seconder Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-185 Resolution Setting A Public Hearing On Proposed Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2020 And To Hear Any Objections Thereto WHEREAS, the Town Assessor, on behalf of the Town Board, is required to create preliminary benefit assessment rolls for Special Improvement Districts and Improvement Areas within the Town of Wappinger each year pursuant to Town Law § 202-a; and Town of Wappinger Page 18 Printed 9/27/2019 WHEREAS, the Town Board is required by Town Law § 202-a to hold a public hearing in accordance with the provisions of Town Law § 239 to consider any objections to the annual benefit assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing to be held at a Regular Meeting of the Town Board on October 15, 2019 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger listed below for Fiscal Year 2020: SPECIAL IMPROVEMENT DISTRICTS United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid-Point Park Sewer District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District Furnia Drainage District SPECIAL IMPROVEMENT AREAS: WST/TIA - Phase 3A Wappinger Sewer Improvement Area No. 5 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days prior to said public hearing date and to post the Notice of Public Hearing on the Message Board of the The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-185 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Seconder Dated: Wappingers Falls, New York September 23, 2019 Town of Wappinger Page 19 Printed 9/27/2019 The Resolution is hereby duly declared Adopted. IX. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz X.New Section 1. Motion To: Appoint Vol Griffiths as EEOC Officer Stipend of #3,000 from Budget Line A.1220.0105 prorated for the year. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz RESOLUTION: 2019-176 An Order Making Certain Determinations In Relation To And Approving The Establishment Of Extension No. 9 (NERP Holding And Acquisitions Company, LLC) To United Wappinger Water District Of The Town Of Wappinger, Dutchess County, New York, Pursuant To Article 12 Of The Town Law Town of Wappinger Page 20 Printed 9/27/2019 Town of Wappinger Page 21 Printed 9/27/2019 Town of Wappinger Page 22 Printed 9/27/2019 Town of Wappinger Page 23 Printed 9/27/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-176 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-177 An Order Making Certain Determinations In Relation To And Approving The Establishment Of Extension No. 6 (NERP Holding And Acquisitions Company, LLC) To United Wappinger Sewer District Of The Town Of Wappinger, Dutchess County, New York, Pursuant To Article 12 Of The Town Law. Town of Wappinger Page 24 Printed 9/27/2019 Town of Wappinger Page 25 Printed 9/27/2019 Town of Wappinger Page 26 Printed 9/27/2019 Town of Wappinger Page 27 Printed 9/27/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-177 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Seconder Dated: Wappingers Falls, New York September 23, 2019 The Resolution is hereby duly declared Adopted. XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:30 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Town of Wappinger Page 28 Printed 9/27/2019 7.1.a Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: ExtensionNo.8oftheUnitedWappingerWaterDistrictforMyersCornersLandingSubdivisionandsurroundingproperties Project Location (describe, and attach a location map): North side of Myers Corners Road West of Robert Lane and South of Patti Place. Parcels 858982, 894014, 884982, 899988, 911995 Brief Description of Proposed Action: Extension of the United Wappinger Water District to serve the Myers Corners Subdivision and 3 adjacent parcels. Connect to existing water main in Myers Corners Road, construct new water main and hydrants and service connections for 13 lots (10 to be created in the Myers Corners Subdivision). Name of Applicant or Sponsor: Telephone: 8452989100 R.J.A.Hld.,Inc. E-Mail: tree-linebuilders@verizon.net Address: 51MyersCornersRoad City/PO: State:Zip Code: WappingerFallsNY12590 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2.Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: TownofWappingerTownBoard-AuthorizationtoExtendWaterDistrict,NYSDEC-WaterSupplyPermit,DutchessCounty DepartmentofBehavioral&CommunityHealth-AuthorizationtoSupply 10.09 3.a. Total acreage of the site of the proposed action? ___________ acres b.Total acreage to be physically disturbed? ___________ acres 1.00 c.Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ___________acres 6.1 4.Check all land uses that occur on, adjoining and near the proposed action. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Forest Agriculture Aquatic Other (specify): _________________________ Parkland Attachment: SEAF 2019-09-19 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners Landing Subdivision) To Packet Pg. 29 7.1.a 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: __________________________________________________________________________ _______________________________________________________________________________________ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s) available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: _______________________________________________________________________________________ _______________________________________________________________________________________ 10.Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: ______________________________________ _______________________________________________________________________________________ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ________________________________ _______________________________________________________________________________________ NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b.Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _______________ _______________________________________________________________________________________ _______________________________________________________________________________________ 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban Suburban NO YES 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? Indiana Bat 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? NO YES b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES _______________________________________________________________________________________ stormwatermanagementpondswilldischargetoexistingdrainageculvertsinPattiPlace _______________________________________________________________________________________ Attachment: SEAF 2019-09-19 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners Landing Subdivision) To Page2 of Packet Pg. 30 7.1.a NO YES 18.Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ____________________________________________________________ _______________________________________________________________________________________ bioretentionbasin3581sf _______________________________________________________________________________________ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: __________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE R.J.A.Hld.,Inc.byRobertMachoSeptember19,2019 Applicant/sponsor name: ___________________________________________ Date: ___________________________ Signature: _______________________________________________________ Attachment: SEAF 2019-09-19 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners Landing Subdivision) To PRINTFORM Packet Pg. 31 7.1.a Wednesday, April 11, 2018 10:55 AM Disclaimer:The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. Part 1 / Question 7 \[Critical Environmental No Area\] Part 1 / Question 12a \[National Register of No Historic Places\] Part 1 / Question 12b \[Archeological Sites\]No Part 1 / Question 13a \[Wetlands or Other Yes - Digital mapping information on local and federal wetlands and Regulated Waterbodies\]waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 / Question 15 \[Threatened or Yes Endangered Animal\] Part 1 / Question 15 \[Threatened or Indiana Bat Endangered Animal - Name\] Part 1 / Question 16 \[100 Year Flood Plain\]No Part 1 / Question 20 \[Remediation Site\]No Attachment: SEAF 2019-09-19 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners Landing Subdivision) To Packet Pg. 32 Short Environmental Assessment Form - EAF Mapper Summary Report 1 7.1.b UWWDExtension8MCLSubdivision 2019-09-23 Part 2 Answer all ofthefollowingquestionsin Part 2 using theinformation contained in Part 1 and other materialssubmitted by theprojectsponsoror otherwise availableto the reviewer. When answeringthequestionsthereviewershould be guided by theconc No, or Moderate small to large impact impact may may occuroccur 1.Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishmentof a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a.public / private water supplies? b.public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposedaction create a hazard to environmental resources or human health? Attachment: UWWD Extension 8 SEAF Parts 2&3 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners Landing Page 1 of 2 PRINTFORM Packet Pg. 33 7.1.b UWWDExtNo.8 2019-09-23 Foreveryquestion in Part 2 that was particularelementoftheproposed action may orwillnotresultin a significantadverseenvironmentalimpact, please completePart3. Part 3 should, in sufficient detail,identifytheimpact, including anymeasuresor design elements that havebeen included by theprojectsponsorto avoid or reduceimpacts. Part 3 should also explain howthelead agency determined that theimpactmayorwillnotbesignificant. Each potential impactshould be assessed considering itssetting, probabilityofoccurring, duration, irreversibility, geographic scopeandmagnitude. Also consider thepotentialforshort- term, long-term and cumulative impacts. TheproposedactionistheExtensionoftheUnitedWappingerWaterDistricttoservicea10lotsubdivisionand threeadjacentlotswhichdonothavemunicipalwater.TheTownofWappingerPlanningBoardpreviouslyissueda negativedeclarationforthecreationofthesubdivision,buttheDistrictExtensionwasomittedfromthereviewdueto anoversight. TheUnitedWappingerWaterDistricthassufficientcapacitytosupplythepropertiesandthesurroundingproperties arealreadyintheWaterDistrict. Noadverseenvironmentalimpactsareexpectedfromtheproposedaction. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will notresult in any significant adverse environmental impacts. TownofWappingerTownBoard September23,2019 ________________________________________________________________________________________________ Name of Lead AgencyDate RichardThurston TownSupervisor ________________________________________________________________________________________________ Print or Type Name of Responsible Officer in Lead AgencyTitle of Responsible Officer ________________________________________________________________________________________________ Signature of Responsible Officer in Lead AgencySignature of Preparer (if different from Responsible Officer) Attachment: UWWD Extension 8 SEAF Parts 2&3 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners Landing PRINTFORM Page 2 of 2 Packet Pg. 34 Attachment: Figure 1 (RES-2019-178 : Approving The Establishment Of Extension No. 8 (Myers Corners 7.1.c Packet Pg. 35 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 36 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 37 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 38 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 39 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 40 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 41 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 42 7.2.a Attachment: misc code LL 8-29-19 clean.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 43 7.2.b Attachment: misc code LL ph notice.dhs (RES-2019-179 : Introducing Local Law No. 7 Amend Chapter 240, Chapter 230, Chapter 217, and Packet Pg. 44 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 45 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 46 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 47 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 48 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 49 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 50 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 51 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 52 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 53 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 54 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 55 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 56 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 57 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 58 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 59 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 60 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 61 7.3.a Attachment: Request to Return of Restoration Bond from Resolution 2018-73 to Shane Furnia (RES-2019-180 : Resolution Authorizing Refund Packet Pg. 62 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 63 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 64 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 65 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 66 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 67 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 68 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 69 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 70 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 71 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 72 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 73 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 74 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 75 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 76 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 77 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 78 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 79 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 80 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 81 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 82 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 83 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 84 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 85 7.5.a Attachment: 2019-09-23 (RES-2019-182 : Correspondence Log) Packet Pg. 86 7.5.b Attachment: HiddenRoseCateringAdvNotice (RES-2019-182 : Correspondence Log) Packet Pg. 87 7.5.b Attachment: HiddenRoseCateringAdvNotice (RES-2019-182 : Correspondence Log) Packet Pg. 88 8.1.a LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING TO HEAR ANY OBJECTIONS TO THE PROPOSED CAPITAL BUDGETS, O&M CHARGES, WATER/SEWER RATES AND RENTS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR FISCAL YEAR 2020 NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will complete tentative budgets for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger. In accordance with the tentative budgets, the Town has established proposed capital budgets, quarterly operation and maintenance charges, rates and/or rents to be levied and charged against those properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger in order to finance their capital needs and operation and maintenance charges during calendar year 2020. PLEASE TAKE FURTHER NOTICE that the Town Board will conduct a Public Hearing at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, starting at 7:30 p.m. on October 15, 2019 to hear any objections which may be made to the proposed capital budgets and proposed quarterly operation and maintenance charges, rates and/or rents for the following Special Improvement Districts and Special Improvement Areas: SPECIAL IMPROVEMENT DISTRICTS: Town-wide Ambulance District United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid-Point Park Sewer District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District Furnia Drainage District The Hamlet Conservation Park District Fieldstone Conservation Park District Kendall Farms Conservation Park District SPECIAL IMPROVEMENT AREAS: WST/TIA Phases 3A Wappinger Sewer Improvement Area #5 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area Attachment: Notice of Public Hearing on Budget & O&M for 2020 (RES-2019-184 : Setting Public Hearing On Proposed Budgets, O&M Charges, Packet Pg. 89 8.1.a PLEASE TAKE FURTHER NOTICE that copies of the aforementioned proposed budgets have been filed in the office of the Town Clerk, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York and are available for inspection during regular business hours on Monday through Friday from 8:30 A.M. to 4:00 P.M. Dated: September 23, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Notice of Public Hearing on Budget & O&M for 2020 (RES-2019-184 : Setting Public Hearing On Proposed Budgets, O&M Charges, - 2 - Packet Pg. 90 8.2.a Attachment: Notice of Public Hearing on Spec Dist Benefit Assements for 2020 (RES-2019-185 : Setting A Public Hearing On Proposed Benefit Packet Pg. 91