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2017-09-25Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, September 25, 2017 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton 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 Albert Roberts Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge Minutes of September 11th, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz V. Correspondence Log RESOLUTION: 2017-154 Town of Wappinger Page 1 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log uorres ongence LSDg - &I MU -1O Number T4 From Gate Gate Ree Re: Agenda Gate 89-25-881 Atallah&Jose h hlesh6wat Barbara RobMe 91812817 918/2817 Performance Bond/Maloney H6 hts Suka vision 912512817 89-25-882 Joseph Paorlk Barbra Rok:erti 91812817 91812817 Performance & Maintenance Bonds/Seo 2817 912512817 89-25-883 Lee Anne Freno Jose Cardenas 91812817 911112817 ti titer & Sewer, Request for VUved Late Fee 912512817 89.25.881 Town Board Carl S. VVolfson 91812817 911112817 Town Justice Re ort for the Months of Aug2817 912512817 89-25-889 ITown Board IChelsea Fire District 1 8122,2817 91110817 % ice of Public Hearirlg on the 2818 Budget 912512817 09-25-006 ITown Board INew Hackensack Fire District 1 911812817 911912817 2818 Budget 912512817 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 -2017-154 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 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 Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25, 2017 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open Public Portion There were no sneakers. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion Town of Wappinger Page 2 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Discussions 1. Review - Parks Director Fulton addressed the board to assess the status of the parks. Co -Historian Cavaccini reported that Chelsea Yacht club, Carnwath, and ? were in good shape. He was happy to see bids out on the porch restoration at the Carnwath administration building. Ms. Fulton spoke on a specialty park and the ada park fitness park at spook hill, walking path having a toddler park at Rockingham. Councilman Beale suggested buildings and grounds be included in the details of these park projects and have its input included. When questioning Mr. Frazier, he said that he was somewhat in the loop. The discussion continued to include parks at nearby sewer plants and their safety. Supervisor Jiava promised to look into the safety of the park near the Fleetwood plant. 2. Discussion on the Solar Law Attorney Roberts discussed the Solar Law and Solar farms. He said solar farms can only be permitted when they are adjacent to a 2 -phase electrical line. He added that Central Hudson only has 3-phase lines along the state highways which would eliminate most of the large parcels in the town. He suggested changing the law to require a minimum of 20 -acres for solar farms to be permitted on R4080, R80, RA3, RA5, Al, and COP. He asked to amend this resolution to include conservation commercial districts. Planner Stolman and Attorney Roberts agree with the law. He requested the change to be made to the zoning law in Section 2 or 240-57 B I I under Section 3 for an additional use chart to include conservation commercial, Al and COP. VIII. Resolutions RESOLUTION: 2017-155 Resolution Accepting Proposed Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2018 And Setting A Public Hearing 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 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, 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 3 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 2. The Town Board hereby schedules a Public Hearing to be held at a Regular Meeting of the Town Board on October 23, 2017 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 2018: 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 SPECIAL IMPROVEMENT AREAS: WST/TIA - Phase 3A Sewer Improvement Area 95 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Tall Trees Water Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to publish a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess 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 Town and on the Town's website as set forth above. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-155 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-156 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 2018 And To Hear Any Objections Thereto Town of Wappinger Page 4 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 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 2018 no later than October 2, 2017; and WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a Public Hearing to be held on October 23, 2017 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 2018. 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 confirms that it has completed the proposed budgets for the financing of capital improvements for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2018 and has set 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. 3. The Town Board hereby schedules a Public Hearing to be held at a regular meeting of the Town Board on October 23, 2017 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 2018. 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 The Hamlet Conservation Park District Fieldstone Conservation Park District Kendall Farms Conservation Park District Town of Wappinger Page 5 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 SPECIAL IMPROVEMENT AREAS: WST/TIA - Phase 3A Sewer Improvement Area 45 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Tall Trees Water Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to publish a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess 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 -2017-156 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 Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-157 Resolution Authorizing The Town Of Wappinger To Initiate Request For Proposals For Various Town Professionals For Appointment As Part Of The 2018 Budget Preparation And Reorganization Process WHEREAS, the Town employs various professionals to assist in fulfilling various Town responsibilities and obligations; and WHEREAS, the Town employs the following Town professionals: legal, engineering, planning consultant, certified public accountants for audit purposes, financial and bond advisory, insurance advisor, information technology computer services, stormwater management and locksmith services; and WHEREAS, the Town Board wishes to seek proposals for professional services to the Town Board including, but not limited to, legal, engineering, planning consultant, certified public accountants for audit purposes, financial and bond advisory, insurance advisor, information technology computer services, stormwater management and locksmith services; and WHEREAS, the Town Board shall consider proposals for such professional services from firms that have a minimum work experience of five (5) years in municipal service and will schedule interviews accordingly; and Town of Wappinger Page 6 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 WHEREAS, the Town Supervisor is authorized and directed to initiate the Request for Proposals to provide such professional services to the Town of Wappinger, including the posting of legal notices requesting such services in the Town's official newspapers, the Poughkeepsie Journal and the Southern Dutchess News; and WHEREAS, the Town Supervisor is directed to initiate the Request for Proposals so that responses will be returned to the Town no later than November 22, 2017. 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 authorizes and directs the Town Supervisor to initiate the Request for Proposals to provide such professional services to the Town of Wappinger, including the posting of legal notices requesting such services in the Town's official newspapers, the Poughkeepsie Journal and the Southern Dutchess News. The Town Board hereby directs the Town Supervisor to initiate the Request for Proposals so that responses will be returned to the Town no later than November 22, 2017. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-157 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 September 25, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-158 Resolution Introducing Local Law No. 6 Of The Year 2017, "Amendment Of Zoning Provisions For Solar Farms" WHEREAS, in 2016 the Town of Wappinger adopted certain provisions in the Town of Wappinger Zoning Code to control the placement of Solar Energy Systems in the Town of Wappinger; and WHEREAS, it has been found that the existing electrical transmission infrastructure is insufficient to permit the construction of solar farms in the areas of the Town of Wappinger where it has been permitted; and WHEREAS, the construction of Solar Farms is an announced energy goal of the State of New York and solar farms provide a renewable source of electric power; and WHEREAS, the Town Board is considering amending the Town of Wappinger Zoning Code to permit solar farms uses in the R-80 Zoning District; and WHEREAS, the Town Board has determined that the proposed action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Code of the Town of Wappinger (the Town's Environmental Quality Review Law) which establishes locally designated Type I Town of Wappinger Page 7 Printed 10/5/2017 Regular Meeting Minutes September 25, 2017 actions; and WHEREAS, the proposed local law is an action for which there are no other involved agencies and that the Town Board is therefore by default the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. 6 of the Year 2017 in the form annexed hereto. 3. The Town Board is the only agency having approval authority for the adoption of this local law and is therefore Lead Agency for the purpose of SEQRA. 4. The Town Board determines that the enactment of the aforementioned Local Law is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA). 5. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. 6 of the Year 2017 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 23rd day of October 2017, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. 6. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this Resolution, the annexed proposed Local Law, and the Public Hearing Notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. b. To serve a copy of this Resolution and the annexed proposed Local Law to the Dutchess County Department of Planning and Development for Advisory Review in accordance with §239-m. of the General Municipal Law; and C. To serve a copy of this Resolution and the annexed proposed Local Law, and the Public Hearing Notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to §240-112 of the Zoning Code prior to said Public Hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-158 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 2 ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25, 2017 The Resolution is hereby duly declared Adopted. IX. Adjournment Motion To: Wappinger Adjournment & Signature Town of Wappinger Page 8 Printed 10/5/2017 Regular Meeting The meeting adjourned at 8:08 PM. Minutes September 25, 2017 Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 9 Printed 10/5/2017