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2004-099RESOLUTION NO. 2004-099 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO AN AGREEMENT FOR THE WAPPINGER CREEK WATERSHED At a special meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 23rd day of February, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero ABSENT: Council Members - Robert L. Valdati Xfxij9N Joseph P. Paoloni Maureen McCarthy Vincent Bettina The following Resolution was introduced by Mr. Vaidat' and seconded by Ms. McCarthy WHEREAS, the Wappinger Creek Watershed is an irreplacable natural resource providing recreation, scenery, fisheries, groundwater recharge and other amenities to our communities; and WHEREAS, the continued health and beauty of the Wappinger Creek are dependent upon r-ooperation among the Towns of Clinton, Fishkill, HydePark, LaGrange, Milan, Pine Plains, Pleasant Valley, Poughkeepsie, Stanford, Wappinger, Washington as well as the Villages of Millbrook and Wappingers Falls (hereinafter "Municipalities") to ensure the proper management of the lands and waters that comprises its watershed; and \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\Wapp Creek Water Shed.doc WHEREAS, the economic vitality and growth of our communities depend in part on retention of the attractive landscapes and streams for which the entire Huson Valley region is world-renowned; and WHEREAS, the healthy and secure water supply depends upon the adequate groundwater recharge and natural stream flows; and WHEREAS, certain portions of the Wappinger Creek remain impaired due to pollution from stormwater runoff from developed areas, and agricultural activities in rural areas; and WHEREAS, forested buffers have been removed over the centuries along portions of Wappinger Creek and its upstream tributaries; and WHEREAS, municipalities are empowered under the New York State Constitution to serve as the primary means for government to deal with many of these issues; and WHEREAS, several of the aforementioned municipalities have voluntarily entered into the "Intermunicipal Agreement for the Wappinger Creek Watershed", in the form attached hereto, in furtherance of their commitment to work cooperatively to achieve the goals of preserving, restoring and managing the Wappinger Creek Watershed; and WHEREAS, the Town Board hereby determines that it is in agreement with all of the principles contained in the "Intermunicipal Agreement for the Wappinger Creek Watershed" and that it is a matter of public necessity and in the public interest to enter into the aforementioned Agreement in furtherance of the Town's commitment to work cooperatively with other communities to achieve the goals of preserving, restoring and managing the Wappinger Creek Watershed. \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\Wapp Creek Water Shed.doc NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to enter into the "Intermunicipal Agreement for the Wappinger Creek Watershed", in the form attached hereto, and hereby authorizes Supervisor Joseph Ruggiero, to execute the Agreement by and on behalf of the Town Board and further to be the Town Board's representative of the Town of Wappinger to implement the goals and requirements of the aforementioned Agreement. 3. The Town Board authorizes execution of this Agreement with the understanding that there will be no out-of-pocket costs or disbursements required to participate in this Intermunicipal Agreement. 4. Supervisor Joseph Ruggiero is authorized to appoint an alternate representative to act on behalf of the Town of Wappinger in the event Supervisor Ruggiero is unable or unwilling to participate in any of the planned activities or meetings required pursuant to said Intermunicipal Agreement. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman MAUREEN McCARTHY, Councilwoman Voting Aye - Voting Aye Voting Absent Voting . Aye Voting Aye \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\Wapp Creek Water Shed.doc Dated: Wappingers Falls, New York February 23 , 2004 The Resolution is hereby duly declared adopted. J. MQRV, TOWN CLERK \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\Wapp Creek Water Shed.doc O Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) WHEREAS, the Wappinger Creek Watershed is an irreplaceable natural resource Providing recreation, scenery, fisheries, groundwater recharge and other amenities to our communities; and WHEREAS, the continued health and beauty of the Wappinger Creek are dependent upon cooperation among all of us in the proper management of the lands and waters that comprise its watershed; and WHEREAS, the economic vitality and growth of our communities depend In part on retention of our attractive landscapes and streams for which the entire Hudson Valley region Is world-renowned; and WHEREAS, as healthy and secure water supply depends on the adequate groundwater recharge and natural stream flows; and WHEREAS, certain portions of the Wappinger Creek remain impaired due to pollution from stormwater runoff from developed areas, and agricultural activities in rural areas; and WHEREAS, forested buffers, which are excellent means to protect the stream and absorb pollutants, have been removed over the centuries along portions of Wappinger Creek and Its upstream tributaries; and WHEREAS, municipalities are empowered under the New York State Constitution to serve as the primary means for government to deal with many of these issues, NOW THEREFORE, we, the duly appointed representatives of our respective municipalities hereby voluntarily enter into this INTERMUNICIPAL AGREEMENT FOR THE WAPPINGER CREEK WATERSHED, and are committed to work cooperatively to achieve the following goals for the preservation, restoration and management of the Wappinger Creek Watershed: IT IS OUR INTENT TO Inventory and map all the storm water discharge points, within the municipal rights of way, In our municipality by 2006. Further, we will work together to share the standardized inventory method, results of the effort, and updates over time; and actively seek to learn from each other through the demonstration of new technologies in each of our communities. IT IS OUR INTENT TO develop municipal water use plans to address the competing needs in our community for water resources, including human, industrial and agricultural uses as well as the requirements of the natural Eileen C. Sassmann 1 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) environment, with the goal of having such plans in place by 2006. The groundwater protection plans will be based on the water quantity study and build -out analysis to current zoning that will be completed in 2004. Furthermore, we will coordinate our plans with the plains of other municipalities in our watershed. IT IS OUR INTENT TO seek to protect existing forest buffers, and develop cooperative programs to restore such buffers where they no longer exist in the Wappinger Creek Watershed. Our combined restoration and protection goal is 15 miles by 2006, and we will allocate this mileage among those of us Willing to assume a portion of the goal. IT IS OUR INTENT TO, by 2006, each identify a stream, wetland and/or steep slope area in our municipality that is critical to the health of our water resources. We will Identify a technique to protect and restore the Identified resource as appropriate. Furthermore, we will share our techniques with other municipalities in the watershed. With the active assistance of the development community, IT IS OUR INTENT TO each review our municipal codes for inconsistencies and regulations that induce sprawl, and promote low impact development and fewer site designs to minimize the creation of new impervious surfaces by 2006. FINALLY, WE WILL meet regularly to review our progress toward these goals and to celebrate our successes. ENTERED INTO ON THIS DAY of AUGUST, 2003: FOR THE TOWN OF CLINTON: name title FOR THE TOWN OF-FISHKILL: name - - - tine FOR THE TOWN OF HYDE PARK: name title FOR THE TOWN OF LAGRANGE: name_____ tine FOR THE TOWN OF MILAN: name title FOR THE TOWN OF PINE PLAINS: name tItleL. FOR THE TOWN OF PLEASANT VALLEY: name tine FOR THE TOWN OF POUGHKEEPSIE: name title Eileen C. Sassmann 2 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) FOR THE TOWN OF STANFORD: name title FOR THE TOWN OF WAPPINGER: name title FOR THE TOWN OF WASHINGTON: name title FOR THE VILLAGE OF MILLBROOK: name title FOR THE VILLAGE OF WAPPINGERS FALLS: name title ------------------------------------------------------------ As of the last WIC meeting (held on January 16, 2004), • The resolution had been adopted by the following five (5) out of the thirteen (13) municipalities. and the WIC has a signed copy of the resolution. (The Village of Wappingers Falls was one of the 5 and passed the resolution in August, 2003.) • The resolution was passed by three (3) additional municipalities but the WIC does not have a signed copy of the resolution. (Towns of Pleasant Valley and Pine Plains and the Village of Millwork) • 8/13 = 61.5 percent of the municipalities have adopted the resolution. Eileen C. Sassmann 3 TOTAL P.12 VED2 J-7 V L S ) �' 2034 S:,PER%`10`0l=`S 0FFICE. TOWN OF WAPPINGER The following resolution was introduced by Tr. Lawrence, who moved for its adoption, seconded by Tr. Hinzmann, RESOLUTION TO ENDORSE AN INTERMUNICIPAL ORGANIZATION WHEREAS, an Intermunicipal Organization is being formed to cooperatively address common issues that affect the character and quality of life of its member towns and villages; and WHEREAS, the Intermunicipal organization is made up of municipalities in the watersheds of the Wappinger Creek, Fishkill Creek and direct drainage to the Hudson River in Dutchess County including the entire municipal boundary; and WHEREAS, this Board acknowledges the importance of water quality and quantity and natural resources of the Wappingers Creek and Fishkill Creek watersheds and the watersheds of the streams draining directly into the Hudson River, including tributaries and ground water aquifiers in these watersheds; and WHEREAS, water does not respect municipal boundaries and the size of these watersheds dictates that cooperation between varied user groups will be essential in protecting these natural resources; and WHEREAS, these municipalities are dependent on water quality and quantity for economic growth; and WHEREAS. funds are available to support watershed communities working together for cost sharing, cost saving and efficiency of activities related to water quality issues; NOW, THEREFORE, BE IT RESOLVED, that this Board of Trustees of the Village of Wappingers Falls in the County of Dutchess will participate in the efforts of the Intermunicipal Organization to obtain funding from state and federal sources to: l) define the structure of the Intermunicipal Organization; 2) gather information to determine the state of these watersheds; 3) develop an education program to raise the awareness of local residents and assist local municipalities in protecting their water resources for future economic growth; 4) develop coalitions for cooperation and participation in projects in projects relevant to the protection of the watersheds; 5). prioritize issues within the watersheds; and 6) participate in solutions to water quality problems including possible sources of funding. Resolution unanimously adopted. goor(-,-t A— -711 1119 'J 9L56uLA2 VILL(Cd' 136R -2o TOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO To: Al Roberts SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Memo From: Joseph Ruggiero, Supervisor Date: February 11, 2004 Re: Resolution 2004-099 Intermunicipal Agreement for Wappinger Creek Watershed TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed please find a copy of the intermunicipal agreement for the Wappinger Creek Watershed. I ask that you please review this document, and draft a resolution authorizing the Supervisor to sign the agreement. This resolution will be placed on the February 23rd agenda. If you have any questions, please contact me. Thank you for your help in this matter. Ck - Y,��6t _, 2 %6/01 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) WHEREAS, the Wappinger Creek Watershed is an irreplaceable natural resource providing recreation, scenery, fisheries, groundwater recharge and other amenities to our communities; and WHEREAS, the continued health and beauty of the Wappinger Creek are dependent upon cooperation among all of us in the proper management of the lands and waters that comprise its watershed; and WHEREAS, the economic vitality and growth of our communities depend in part on retention of our attractive landscapes and streams for which the entire Hudson Valley region is world-renowned; and WHEREAS, as healthy and secure water supply depends on the adequate groundwater recharge and natural stream flows; and WHEREAS, certain portions of the Wappinger Creek remain impaired due to pollution from stormwater runoff from developed areas, and agricultural activities in rural areas; and WHEREAS, forested buffers, which are excellent means to protect the stream and absorb pollutants, have been removed over the centuries along portions of Wappinger Creek and its upstream tributaries; and WHEREAS, municipalities are empowered under the New York State Constitution to serve as the primary means for government to deal with many of these issues, NOW THEREFORE, we, the duly appointed representatives of our respective municipalities hereby voluntarily enter into this INTERMUNICIPAL AGREEMENT FOR THE WAPPINGER CREEK WATERSHED, and are committed to work cooperatively to achieve the following goals for the preservation, restoration and management of the Wappinger Creek Watershed: IT IS OUR INTENT TO inventory and map all the storm water discharge `points, within the municipal rights of way, in our municipality by 2006. Further, we will work together to share the standardized inventory method, results of the effort, and updates over time; and actively seek to learn from each other through the demonstration of new technologies in each of our communities. IT IS OUR INTENT TO develop municipal water use plans to address the competing needs in our community for water resources, including human, industrial and agricultural uses as well as the requirements of the natural Eileen C. Sassmann 1 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) environment, with the goal of having such plans in place by 2006. The groundwater protection plans will be based on the water quantity study and build -out analysis to current zoning that will be completed in 2004. Furthermore, we will coordinate our plans with the plains of other municipalities in our watershed. IT IS OUR INTENT TO seek to protect existing forest buffers, and develop cooperative programs to restore such buffers where they no longer exist in the Wappinger Creek Watershed. Our combined restoration and protection . goal is 15 miles by 2006, and we will allocate this mileage among those of us willing to assume a portion of the goal. IT IS OUR INTENT TO , by 2006, each identify a stream, wetland and/or steep slope area in our municipality that is critical to the health of our water resources. We will identify a technique to protect and restore the identified resource as appropriate. Furthermore, we will share our techniques with other municipalities in the watershed. With the active assistance of the development community, IT IS OUR INTENT TO each review our municipal codes for inconsistencies and regulations that induce sprawl, and promote low impact development and fewer site designs to minimize the creation of new impervious surfaces by 2006. FINALLY, WE WILL meet regularly to review our progress toward these goals and to celebrate our successes. ENTERED INTO ON THIS DAY of AUGUST, 2003: FOR THE TOWN OF CLINTON: FOR THE TOWN OF FISHKILL: FOR THE TOWN OF HYDE PARK: FOR THE TOWN OF LAGRANGE: FOR THE TOWN OF MILAN: name title name title name title name title name title OWN OF PINE PLAINS: name title FOR THE TOWN OF PLEASANT VALLEY: name title FOR THE TOWN OF POUGHKEEPSIE: name title Eileen C. Sassmann 2 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) FOR THE TOWN OF STANFORD: FOR THE TOWN OF WAPPINGER: FOR THE TOWN OF WASHINGTON: name title name title name title FOR THE VILLAGE OF MILLBROOK: name title FOR THE VILLAGE OF WAPPINGERS FALLS: name title ------------------------------------------------------------ As of the last WIC meeting (held on January 16, 2004), • The resolution had been adopted by the following five (5) out of the thirteen (13) municipalities. and the WIC has a signed copy of the resolution. (The Village of Wappingers Falls was one of the 5 and passed the resolution in August, 2003.) • The resolution was passed by three (3) additional municipalities but the WIC does not have a signed copy of the resolution. (Towns of Pleasant Valley and Pine Plains and the Village of Millwork) 8/13 = 61.5 percent of the municipalities have adopted the resolution. Eileen C. Sassmann 3 Wappinger Creek Watershed Intermunicipal Council The following provides overall information about the Wappinger Creek Intermunicipal Council (sometimes referred to as the Watershed Intermunicipal Council - WIC). Establishment of the Council The Watershed Intermunicipal Council (WIC) was formed as a result of several years of study and organizational work by the Soil and Water Board and the Environmental Council of Dutchess Many of the members of the council attended a Commnity Leadership Alliance (CLA) session at Glynwood in Spring of 1999. At CLA the attendees learned the value of intermunicipal cooperation through a series of lectures and exercies. One of the exercies talekd about cooperating to get a grant to preserve water quality in the Creek. The positive experience at CLA provided the impetus to proceed to form the council. The formation meeting of the Intermunicipal Council was held on December 1, 2000 and included Town Supervisors, Village Mayors and municipality designated representatives Mission Statement a) The mission of the Intermunicipal Council is to cooperatively address common issues that affect the character and quality of life of its member towns and villages. b) Some of these common issues include: preventing non -point source pollution of the watershed, the remediation of existing pollution, education and information exchange related to watershed issues, the preservation of open space and natural resources and the expansion of economic activities consistent with the watershed environment. Membership The Council consists of representatives of each municipality which includes part of Wappinger Creek in its boundaries or has direct drainage into the Hudson River or is the Town of East Fishkill. These are the municipalities: Towns of Clinton, East Fishkill, Fishkill, Hyde Park, LaGrange, Milan, Pine Plains, Pleasant Valley, Poughkeepsie, Stanford, Wappinger and Washington, and the Villages of Millbrook and Wappingers Falls. Support Staff These council members are led by a chair Vice -chair chosen from the municipal representatives. A. Greg Pluver Supervisor of Pine Plains is the Chairman and Eileen Sassmann of the Village of Wappingers Falls is the Vice -Chair. (The Vice -Chair was chosen from the Village since the Village contains the Wappinger Lake.) Two county organizations: the Environmental Management Council under the direction of David Ford and the Soil and Water Hoard under the direction of Edward Hoxsie provide the support for the technical and administrative support for the council. June 3, 2003 Eileen C. Sassmann Wappinger Creek Watershed Intermunicipal Council Finances The money for the council has come from a Department of State grant applied for by the municipalities on the council. Since the grant needed to have the lead agency - signatory with the state - be a municipality with a presence on the rivers, and the Village has the Lower Creek which is an estuary of the Hudson and because the Village has the Wappinger Lake into which the Wappinger Creek flows, the Village was the lead agency for the first grant. The Village is also the lead agency for the second Department of State grant. The Village is in the process of signing this second contract with the state. This means that the Dutchess County Environmental Council (EMC) prepares the vouchers, which the Village mayor signs, and the EMC submits. The check is issued to the Village, which the treasurer, Kathleen Masterson, puts into a pass through account and writes a check for the EMC. Someone from the EMC usually comes to pick up the check although it could be sent. Meetings The meetings are held quarterly usually on the last Friday of the quater at 7'30 AM in the meeting room at the Farm and Home Center on Route 44 in Millbrook, New York. By-laws The by-laws were adopted by the council on June 29, 2001. A copy of the by-laws is attached. June 3, 2003 2 Eileen C. Sassmann By-laws of the Watershed Intermunicipal Council 1) Establishment of the Council a) The formation meeting of the Intermunicipal Council was held on December 1, 2000 and included Town Supervisors, Village Mayors and municipaliity designated representatives. 2) Mission Statement a) The mission of the Intermunicipal Council is to cooperatively address common issues that affect the character and quality of life of its member towns and villages. b) Some of these common issues include: preventing non -point source pollution of the watershed, the remediation of existing pollution, education and information exchange related to watershed issues, the preservation of open space and natural resources and the expansion of economic activities consistent with the watershed environment. 3) Name a. The name of the Intermunicipal Council shall be - Watershed Intermunicipal Council and abbreviated WIC. 1) Membership a) Each municipality which includes part of the Wappinger Creek watershed in its boundaries or has direct drainage into the Hudson River or is the Town of East Fishkill shall provide two members to the Intermunicipal Council. The municipalities are: Towns of Clinton, East Fishkill, Fishkill, Hyde Park, LaGrange, Milan, Pine Plains, Pleasant Valley, Poughkeepsie, Stanford, Wappinger and Washington, and the Villages of Millbrook and Wappingers Falls. b) Either of the two designated representatives from each municipality may vote, however each municipality has one vote. c) Council members shall serve until a replacement is appointed. 2) Meetings a) Regular meetings of the Intermunicipal Council shall be held quarterly on the last Friday of the quarter at 7:45 AM at the Farm and Home Center in Millbrook unless otherwise agreed to by the membership. b) An Election meeting shall be held once every two years to elect a Chairperson and Vice -Chairperson. An Election meeting shall be a specially designated regular meeting. c) Special meetings of the Intermunicipal Council may be held at the call of the Chairperson or Project Administrator. d) A quorum, consisting of two-thirds (10) of members pressent, and the Project Administrator shall be required for the transaction of official business. e) All meetings shall conform to the Open Meetings Law (Public Officers Law, Article 7). 3) Parliamentary Authority a) Robert's Rules of Order. The rules contained in the most current "Robert's Rules of Order" shall govern the Intermunicipal Council in all cases to which they are applicable and in which they are not inconsistent with the By-laws or of the Draft 03/22/01 By-laws of the Watershed Intermunicipal Council special rules of the Intermunicipal Council. 4) Voting a) Each municipality that is a member of the Intermunicipal Council shall have one vote at business meetings. The staff (if any) shall not vote. b) All members shall have been sent a written notice of the item proposed for a vote at least twenty-one (21) days prior to the time of the meeting. c) A simple majority vote of the Intermunicipal Council voting members present shall be necessary for the adoption and approval of any proposed action, resolution, or other voting matter. d) If a vote results in a tie, the vote fails. e) Any member of the Intermunicipal Council may request a recorded roll call vote. The results of the roll call vote shall be included in the minutes. 5) Finance a) The budget for the Intermunicipal Council including operating costs for office, other administrative support and educational programs shall be proposed by the Project Administrator and approved by the Intermunicipal Council. b) The Project Administrator shall be responsible for reporting on budget at each meeting. 6) Officers a) Starting 2002, every two years (at the first meeting of the year), a Chairperson and Vice -Chairperson shall be elected by a vote of the simple majority of the Intermunicipal Council members. b) The Chairperson shall serve a term of two years. c) Sitting elected officers who are not re-elected must be replaced by a special election. 7) Duties of the Chairperson a) To preside at all meetings of the Intermunicipal Council. b) To convene special meetings of the Intermunicipal Council or the Advisory Committee (see #14). 8) Duties of the Vice -Chairperson a) In the event of the absence of the Chairperson, the vice -Chairperson shall perform all of the duties and shall assume all responsibilities of the chairpersonship. 9) Duties of the Secretary a) Tthe Project Administrator and staff of the Intermunicipal Council shall perform the duties and responsibilities of the Secretary. 10) staff t t a) The Project Administrator shall be hired and terminated by the Executive Director of the Environmental Management Council (EMC). b) The Project Administrator shall prepare the agenda for the regular and special meetings. c) The Project Administrator may hire other staff as needs and budget permits to serve under the direction of the EMC Executive Director. Hiring or termination of Draft 03/22/01 2 By-laws of the Watershed Intermunicipal Council staff shall be consistent with the Environmental Management Council Personnel Manual. 11)Advisory Committee a) The Wappinger Creek Watershed Planning Committee shall act as an Advisory Committee for the Intermunicipal Council. 12) Amendment a) The by-laws may be amended by an affirmative vote of at least three-fourths of the members present at any regular or special Intermunicipal Council meeting. All members shall have been sent a written notice of the proposed changes at least twenty-one (21) days prior to the time of the meeting. A special meeting may be called by the Chairperson for reviewing and voting on amendments. Draft 03/22/01 3