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2019-09-09 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 Absent Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Tim Moot Consultant Engineer Present 7:30 PM David Stolman Consultant Planner Present 7:30 PM Vincent Bettina Town of Wappinger Highway Present 7:30 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda The escrows and EEOC items were removed from the agenda. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 2. Motion To: Acknowledge Minutes of August 5, 2019 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips Town of Wappinger Page 1 Printed 9/18/2019 IV.Public Portion 1. Motion To: Open Public Portion Christine Zandstra came to speak on tractor supply. She said the following: Good Evening, Dr. Thurston and Council Members. I am Christine Zandstra, and I reside at 6 Fowlerhouse Road. I am here tonight to voice some ongoing concerns that we have regarding the proposed Tractor Supply Company store, which, if approved, will be adjacent to our property. for the town, good for the tax base. However, this is not prudent development. The proposed structure is too large for this site. The proposed building will be over 19,000 sq. ft., with an additional 15,000 sq. ft. concrete pad that will serve as retail space, on a lot size of less than six acres. must be even smaller than that. A smaller store would leave more room for parking, and require 20% less parking to start with, thus reducing the parking variance the applicant sought from the Zoning Appeals Board. When the applicant was before the ZBA, they insisted that Tractor Supply would not come to this site if the size of the building were smaller than proposed, asking to build here. Additionally, what the applicant proposed to make the current building size acceptable is to count the outdoor retail space behind the store as potential parking for a future tenant. The developers have mentioned the types of future tenants who might need all the code-required parking for a development this large - pharmacies were the example. If NERP were developing this location for Walgreens, or Rite Aid, or CVS, would they still be proposing to put a going to be a long-term benefit to the town. As a matter of fact Walgreens and Rite Aid are both right up the road in the village, and there is some parking behind them. Between the two stores ore. seems a future tenant would share that interest. The commercial buildings near this location are all built much closer to Route 9 than this plan proposes, and the required setback for this property is only 75 ft, but the proposed store is actually set back more than 200 ft. Probably think a future tenant would feel any different? Town of Wappinger Page 2 Printed 9/18/2019 do it in accordance with requirements established in the code. That meeting was supposed to be a public hearing. However, our neighbor at 10 Fowlerhouse Road attempted to speak and was interrupted during her comments and told they already knew what she was going to say. The you view the video on the website the board had made their determination prior to the meeting. They read their decision into the minutes from a document already written. They were that), but they were not interested that the details of public concerns, be a part of the minutes. I public meeting if the board is just going to read a decision t -107) does not empower the ZBA to grant whatever variance it wants. They are required to consider: (1) whether an undesirable change is produced or if there will be a detriment to nearby property, (2) whether the benefit sought can be achieved by other means, (3) whether the variance is substantial, (4) whether there are adverse impacts on physical or environmental conditions, and (5) whether the alleged difficulty is self-created. issues, but in this case they discussed none of them. This parking deficit (difficulty) is self- at the moment. The variance is substantial; it reduced only one who thinks so. The zoning board was given copies of signed statements to that effect from all of our close neighbors. Clearly the benefit can be achieved by some other means - for st yet and there is not exactly a lack of vacant commercial property in our area. Barring that they can build a smaller store. According to Tractor Supply itself the inside of their average store is about 3600 sq ft cially important point because the code also compels the any evidence that they took into account these code-required considerations. Tops Supermarket planned to be at the old Stop & Shop location for a long time when they moved in, and also sure Sonic planned to be at their location for a long time when they leveled the existing building and put up the one sitting vacant now. Dunkin Donuts seems to have made sure the whole string of fast food chains before them all planned to stay for a long time. Once upon a time Plant Depot and a half radius from the proposed development all right on Route 9, and three of them are sitting vacant right now. Maybe Tractor Supply will be with us for a long time, but maybe not, plans change. And if not then this variance makes the property less attractive to future tenants, and I Town of Wappinger Page 3 Printed 9/18/2019 this project, but even less desirable than a Tractor Supply Store would be another vacant commercial property behind my home. Our area has plenty of them already, and I would hope does not bring it into compliance with the zoning code. The existing variance allows for a on the inside space, but it also includes a 15,000 sq ft outdoor area that the zoning board minutes of letting customers wander through their storage areas. Documents submitted by the applicant Wh rd At the last (July 23 selling area. As selling area it requires additional parking of its own, and actually the code (240- 97 B) requires parking even for storage or similar commercial uses. That might not come up a 15,000 sq ft. The code does discuss one instance (240-68) where minimal parking is needed, but this is not a lumberyard, and this lot is not seven acres either, so that would require additional variances. Another concern we have is with a fairly new regulation in the town code that directly relates to this property. In March a new law was (240-93.1). It allows the planning board, at its sole discretion, to allow felling of trees on a property prior to the approval of a site plan if they deem it in the best interest of protecting the Indiana bat. As I understand the code, if there were no bats on a property it would require an approved site plan including a public hearing (per 240-87) prior to tree felling, but the presence of the bats negates the need for a site plan or hearing. One of the conditions of tree felling is submission of a bond or performance guarantee for possible site restoration and I guess that would be in the event the project did not go through. Indiana bats live in mature and even dying and dead trees with compromi and if there is any special expertise on the planning board, or if there was some training that Last item, the town water and sewer district already extends past my street, and this project would almost literally put it in my back yard than 20 years, and some of our neighbors longer than that. Regardless of whether this project is approved in its current or some modified form, it is going to alter the flow of surface water and no one has discussed how that will affect the recharge of ground water and, in turn, our wells. If Town of Wappinger Page 4 Printed 9/18/2019 the revised water and sewer districts. Gail Peiffer came to the podium to express her opposition to the project. Ginger Knapp from 79 Forest View Road spoke to address poor the condition of Forest View Road. Sargent Stuart addressed the board on the topic of Kent Road. He informed that there were 43 stops in a month with 25 tickets issued and 1 arrest for reckless driving. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips V.Discussions/Workshop 1. Motion To: Accept Retirement of Joe Ennesser, Acknowledging his service to Town of Wappinger with a Proclamation RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 2. Motion To: Make Joe Ennesser Chairman Americas RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 3. Motion To: Authorize Attorney to Draft Law Including e-Cigarettes in Town Code Town of Wappinger Page 5 Printed 9/18/2019 The board wanted to make sure that amending the town code to include e-cigarettes or vaping as well as cigarettes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 4. Workshop on Draft Local Law Consideration/Amendments Barbara Roberti o Hearing and Signage for Development review - Will notify across the street o Special Use Zoning (aka Downey Energy) o Peddling and soliciting - Include spouse to the veteran o Vehicle and Traffic - Adding Registered Gross vehicle weight o Subdivision of Land - Sign on Lawn and notifying more people o Noise Controls Councilman Bettina asked about the commercial signs all around town. 5. Downey Oil Councilman Beale had concerns about propane tanks so close to a residential area especially at higher elevations relative to houses given that propane is heavier than air. 6. Update of Pending and Future Grant Applications Thurston General comment were made and details are on the town website video. 7. Motion To: Move Trunk or Treat to Oct 26. Move Trunk or Treat to Oct 26 meeting. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 8. Recreation Department Programs Jessica Director Fulton handed out documentation to the board, but nothing was given to the Town Clerk for filing in these minutes. Details are available on the town website video. 9. Motion To: Allow NKFD to use Schlathaus as a parking lot on September 21st. Town of Wappinger Page 6 Printed 9/18/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 10. Wildwood and Mid-Point Park Update Thurston/CPL Engineers Attorney Horan and Engineer Moot discussed the project. The details are on the town website video. 11. Motion To: Appointment of Rob Wilson as New Greenway Trails Chairman - Dick Thurston RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 12. Motion To: Authorize Engineers to Estimate the Additional Highway Paving/Paving of Town properties Items: o Coughlan Terrace/Forest View Issue o Town Hall Lot o ESB Lot o Robinson Park/Ralph Holt Way The details are on the town website video. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 13. Buildings and Grounds Projects - Frazier o Town Hall Floor Replacement - $35,000 The details are on the town website video. Town of Wappinger Page 7 Printed 9/18/2019 14. Town Hall Floor Replacement o Town Hall Floor Replacement - $35,000 The details are on the town website video. 15. Park Signs Replacement - A. Bettina RESOLUTION: 2019-165 Resolution to Employ Joseph Velders The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-165 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York September 09, 2019 The Resolution is hereby duly declared Adopted. 17. Chapel Roof Repair Town of Wappinger Page 8 Printed 9/18/2019 18. Robinson Parks Bathroom/Septic 19. Traffic Calming - Thurston o Kent Road o Middlebush Road To be discuused next board meeting ************************* 20. Recycle Yard Options -V. Bettina/Frazier o Recycle Yard - Costs going up. Town of Poughkeepsie only open 10 days. Fishkill only brush. One day a year to drop material off. LaGrange gave operation to Royal. o Runoff retention pond o Bulk Pickup/Leaf removal 21. Amendment to the Tax Assessor Matters o Amendment to Joint CAP Agreement (Agreement with Town of Fishkill for shared assessor services) o Re-Appointment of CAP Tax Assessor for 6-Year Term RESOLUTION: 2019-173 Resolution Authorizing Coordinated Assessment Agreement Pursuant To Real Property Tax Law §579 With The Town Of Fishkill Town of Wappinger Page 9 Printed 9/18/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-173 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 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-163 Resolution Re-Apppointing Cap Assessor WHEREAS, the Towns of Wappinger and Fishkill are empowered to enter into an Inter- Municipal Agreement to appoint one Assessor to hold the office of and act as the Assessor in both Towns, pursuant to Sections 576 and 579 of the Real Property Tax Law and pursuant to Article 5-G of the General Municipal Law; and WHEREAS, the Towns of Wappinger and Fishkill entered into an Coordinated Assessment Agreement, on December 28th, 2006 and said agreement has been reviewed by the Towns from time to time; and WHEREAS, the Town of Wappinger enacted a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill with the enactment of Local Law No. 8 of the year 2006 which is codified at Chapter 150 of the Town of Wappinger Code; and WHEREAS, the Town of Wappinger and Town of Fishkill jointly appointed and then reappointed Christian Harkins as the CAP Assessor for both Towns; and WHEREAS, pursuant to Real Property Tax Law §§ 310 and 579(3)(a) the term of the CAP Assessor for both Towns is six years, with the next term commencing on October 1, 2019; and Town of Wappinger Page 10 Printed 9/18/2019 WHEREAS, the Town of Board of the Town of Wappinger believes that it has been very ably served by the incumbent assessor Christian Harkins and wishes to reappoint him for another six year term commencing on October 1, 2019; and WHEREAS, officials of the Town of Fishkill indicated that the Town of Fishkill also wishes to reappoint the incumbent CAP Assessor; and WHEREAS, the CAP Assessor is a Non-Competitive Confidential and Policy Influencing title under the Rules of the Dutchess County Department of Human Resources; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby reappoints Christian Harkins to serve as the Single Assessor for the Coordinated Assessment Program between the Towns of Wappinger and Fishkill for a six year term commencing on October 1, 2019 subject to joint approval by the Town of Fishkill. 2. The Town Board hereby waives the need to conduct any interviews to fill the position as the incumbent assessor is most qualified for the position. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources and other State Agencies as required by Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-163 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 09, 2019 The Resolution is hereby duly declared Adopted. 24. Late Payment Penalties for Payment of Water Fees - Awino VI. Resolutions RESOLUTION: 2019-166 In the Matter of the Extension of the United Wappinger Water District Extension No. 8 Myers Corners Landing Subdivision ORDER CALLING PUBLIC HEARING Town of Wappinger Page 11 Printed 9/18/2019 Town of Wappinger Page 12 Printed 9/18/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-166 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 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-167 In the Matter of the Extension of the United Wappinger Sewer District Extension No. 5 Cohen Subdivision ORDER CALLING PUBLIC HEARING Town of Wappinger Page 13 Printed 9/18/2019 Town of Wappinger Page 14 Printed 9/18/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-167 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 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-168 In the Matter of the Extension of the United Wappinger Sewer District Extension No. 6 NERP Holding and Acquisitions Company, LLC, ORDER CALLING PUBLIC HEARING Town of Wappinger Page 15 Printed 9/18/2019 The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 16 Printed 9/18/2019 Vote Record - Resolution RES-2019-168 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 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-169 In the Matter of the Extension of the United Wappinger Water District Extension No. 9 NERP Holding and Acquisitions Company, LLC, ORDER CALLING PUBLIC HEARING Town of Wappinger Page 17 Printed 9/18/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-169 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 Town of Wappinger Page 18 Printed 9/18/2019 Dated: Wappingers Falls, New York September 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-170 Resolution Requesting Naming Of Wappinger Veterans Memorial Highway The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-170 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York September 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-171 Application for Hudson River Valley Greenway Planning Grant WHEREAS, the Village of Wappingers Falls is applying to the Hudson River Valley Greenway for a grant under the Hudson River Valley Greenway Planning Grant Program for a project entitled Town of Wappinger Page 19 Printed 9/18/2019 Site Mapping and Signage Project to be located in the Village of Wappingers Falls/Town of Wappinger, NOW, THEREFORE, be it resolved that the governing board of the Village of Wappingers Falls hereby does approve and endorse the application for a grant under the Hudson River Valley Greenway Planning Grant Program, for a project known as Site Mapping and Signage Project and located within this community. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-171 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 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-175 Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Subdivision (Account No. 03-5065) WHEREAS, on or about February 4, 2003, James Coghl deposited Seven Thousand Five Hundred Dollars ($7,500.00) to be held in escrow to reimburse the costs of the Town of Wappinger Planning Board consultants for their review of the e Board; and WHEREAS, the Applicant withdrew his Planning Board Application on October 3, 2003; and WHEREAS, the Applicant has requested that the unused balance of the Escrow Account be returned; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant and the Planning Department has confirmed that a refund can be made; NOW, THEREFORE, BE IT RESOLVED: The Town Board hereby authorizes a return of the unused balance of the Planning Escrow in the amount of Six Thousand Four Hundred Forty-four and 80/100 Dollars ($6,444.80) to James Coghlan which is the amount remaining in escrow account 03-5065. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-175 Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 20 Printed 9/18/2019 Adopted as Amended Richard Thurston Voter Defeated William H. BealeVoter Tabled Angela Bettina Seconder Withdrawn Christopher Phillips Voter Michael Kuzmicz Mover Dated: Wappingers Falls, New York September 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-174 Resolution Awarding Contract For Hilltop Well Installation For United Wappinger Water District The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-174 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Town of Wappinger Page 21 Printed 9/18/2019 Withdrawn Angela Bettina Seconder Christopher PhillipsVoter Michael Kuzmicz Voter Dated: Wappingers Falls, New York September 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-172 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-2019-172 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 09, 2019 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 22 Printed 9/18/2019 VII.Items for Special Consideration/New Business 1. Motion To: Changing Date of Board Meeting from 10/14 to 10/15 at 7:30 PM due to holiday on the 14th RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 2. Dates for special budget deliberations VIII. Executive Session - Contract Negotiations; Hiring; Acquisition; Litigation 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Richard Thurston, Supervisor SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips IX. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:28 PM. ____________________ Joseph P. Paoloni Town Clerk Town of Wappinger Page 23 Printed 9/18/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz ABSENT: Christopher Phillips Town of Wappinger Page 24 Printed 9/18/2019 5.22.a Attachment: Assessor Agreement 2019-2025 DRAFT v6 - 2019-09-08 Clean (RES-2019-173 : Authorizing Coordinated Assessment Agreement Packet Pg. 25 5.22.a Attachment: Assessor Agreement 2019-2025 DRAFT v6 - 2019-09-08 Clean (RES-2019-173 : Authorizing Coordinated Assessment Agreement Packet Pg. 26 5.22.a Attachment: Assessor Agreement 2019-2025 DRAFT v6 - 2019-09-08 Clean (RES-2019-173 : Authorizing Coordinated Assessment Agreement Packet Pg. 27 5.22.a Attachment: Assessor Agreement 2019-2025 DRAFT v6 - 2019-09-08 Clean (RES-2019-173 : Authorizing Coordinated Assessment Agreement Packet Pg. 28 5.22.a Attachment: Assessor Agreement 2019-2025 DRAFT v6 - 2019-09-08 Clean (RES-2019-173 : Authorizing Coordinated Assessment Agreement Packet Pg. 29 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 30 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 31 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 32 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 33 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 34 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 35 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 36 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 37 6.1.a Attachment: Myers Corners Land Pettiion 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners Packet Pg. 38 Attachment: Figure 1 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Corners 6.1.b Packet Pg. 39 Attachment: Fig-2-2019-0829 MCL - Revised Water Sketch for MPR (RES-2019-166 : In the Matter of the 6.1.c Packet Pg. 40 FIGURE 2 6.1.d MAP, PLAN AND REPORT FOR EXTENSION OF UNITED WAPPINGER WATER DISTRICT MYERS CORNERS LANDING SUBDIVISION & SURROUNDING PARCELS TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK August 8, 2019 Revised: September 3, 2019 CPL # 60169.01 PREPARED BY: CPL 9 ELKS LANE POUGHKEEPSIE, NY 12601 Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Packet Pg. 41 6.1.d TABLE OF CONTENTS 1.0 Introduction and Summary 2.0 Map of Service Area And Description Of Proposed Improvements ................................. 3.0 Project Costs And User Costs ................................................................................................ LIST OF FIGURES Figure 1: Map showing a portion of the Existing UWWD and the Expansion to include the Myers Corners Landing Subdivision and Surrounding Parcels (Prepared by CPL, dated 09/03/19) Figure 2: Copy of utility plan prepared by Povall Engineering, PLLC, showing the proposed water service and water main connection LIST OF EXHIBITS Exhibit A: Short Environmental Assessment Form (dated September 5, 2019) Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Packet Pg. 42 6.1.d 1 INTRODUCTION AND SUMMARY 1.1 The Planning Board of the Town of Wappinger received an application for subdivision of two parcels located on Myers Corners Road near Robert Lane. The application included preliminary subdivision plans, an environmental assessment form (EAF), and related documents for the proposed Myers Corners Landing subdivision. The application proposed a connection to the existing central water main in the adjacent Myers Corners Road that requires an extension of the United Wappinger Water District (UWWD). 1.2 This Map, Plan and Report is for the extension of the (UWWD) to include the Myers Corners Landing subdivision land and surrounding properties. This Map, Plan and Report includes a map of the UWWD and subdivision boundaries, the plan for the extension showing the location of the water system components, and a report of existing and future water demands, and the proposed method of billing. 1.3 The developer has agreed to pay all costs associated with the installation of the water main tap on Myers Corners Road, the construction of the water main and valves and hydrants within the development. 1.4 The proposed improvements and UWWD capacity are described in Chapter II. The total annual costs and user costs for the parcels within the proposed District extension are described in Chapter III. II. MAP OF SERVICE AREA AND DESCRIPTION OF PROPOSED IMPROVEMENTS 2.1 The proposed Myers Corners Landing subdivision consists of ten (10) single family residential parcels on land that is not currently within the UWWD. The subdivision is proposed to connect to the existing water main in Myers Corners Road along the parcel frontage. The new subdivision internal water distribution system supplied from the UWWD main is proposed to serve the new lots on parcel number 894014, as well as parcels 858982, 884982, 899988, and 911995. 2.2 Figure 1 shows the parcels to be included in the district extension, a total of 13 parcels. 2.3 The assigned demand for each residential parcel is 320 gallons per day (gpd) based on DCHD requirements. The total estimated demand for the UWWD extension area is 4,4800 GPD. The existing UWWD has sufficient capacity to supply this additional demand. 2.4 The Utility Plan included in Figure 2 shows the from the main in Myers Corners Road to serve the proposed subdivision. The water service extension will require the installation of water main, valves and hydrants, along with an individual service for each parcel. The extension will be subject to review and approval of the Dutchess County Department of Health and the Town Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers of Wappinger Water Department operator CAMO. All facilities within the public right-of-way or easements, but not the services on private properties, will become Packet Pg. 43 6.1.d part of the UWWD. III PROJECT COSTS AND USER COSTS 3.1 Developer Costs a. The developer has agreed to pay all costs associated with the installation of the water main tap on Myers Corners Road, the construction of the new water main and valves and hydrants within the development. 3.2 User Costs a. At such time as any parcel is developed with a single-family residence, the developer or property owner will be required to provide the water service connection from the curb stop previously constructed by the developer to the new residence at their own expense and in accordance with the specifications set forth in the Town Code. The cost of connection will vary from lot to lot based upon site conditions (e.g. distance from road to house, rock excavation, etc). However, the cost to connect for a typical 50 ft. setback from the curb stop to the home is estimated to be $2,000. b. Responsibility for payment of the annual capital costs and the water usage costs will be that of each respective homeowner. All parcels within the proposed district extension will pay the same capital costs and the same water usage costs as the current parcels within the UWWD. Water usage costs only apply to parcels that are connected to the water system, while capital charges will apply regardless of whether or not a parcel is connected to the water system. c. For parcels within the proposed District extension, the current annual capital costs for the UWWD will apply. Based upon the current benefit unit formula for the UWWD, a single-family residence in the subdivision will be assigned 1 benefit unit. For a single-family residence with 1 benefit unit, the annual capital charge for the UWWD in 2019 is $166.63. d. The current quarterly usage charge for the UWWD for a residential parcel is $66.20 for up to 18,700 gallons, and $1.60 per 1000 gallons for any additional usage. A typical single family residence using 250 gallons per day will use (250 x 365/4 =) 22,813 gallons per quarter. The usage charge would therefore be $66.20 for the first 18,700 gallons and (5 x $1.60 =) $8 for the excess usage, for a total quarterly cost of $74.20 and a total annual cost of $296.80. e. For a typical residence, the estimated total annual costs for capital charges and usage charges will be ($166.63 + $296.80 =) $463.43. The total costs stated are based on typical 250 gpd water usage. Water usage less than typical will result in lower usage costs and water usage more than typical Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers will result in higher usage costs. Packet Pg. 44 6.1.d f. The total estimated annual user charge of $463.43 is less than the annual maximum amount of $898 allowed by the Office of the NYS Comptroller for 2019. Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Packet Pg. 45 6.1.d FIGURE 1 Map showing a portion of the Existing UWWD and the Expansion to include the Myers Corners Landing Subdivision and Surrounding Parcels (Prepared by CPL, dated September 3, 2019) Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Packet Pg. 46 6.1.d Figure 2 Copy of utility plan prepared by Povall Engineering, PLLC, showing the proposed water service and water main connection, dated 08-23-2019 Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Packet Pg. 47 6.1.d EXHIBIT A Short Environmental Assessment Form, dated September 5, 2019 Attachment: MPR Myers Corners Landing UWWD Ext 8 2019-09-03 (RES-2019-166 : In the Matter of the Extension of the UWWD No. 8 - Myers Packet Pg. 48 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 49 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 50 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 51 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 52 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 53 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 54 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 55 Packet Pg. 56 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 57 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 58 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 59 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 60 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 61 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 : Resolution Authorizing Refund Of Escrow Held For Final Lands Of Coghlan Packet Pg. 62 6.7.a Attachment: Lands of Coghlan # 03-5065 (RES-2019-175 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