Resolution Approving Stipulation of Settlement - Town Board October 23rd Meeting

The Board Meeting opened with two Public Hearings for resolutions concerning Special Improvement Districts/Areas for the Assessment Rolls and to hear any objections regarding 2024 Water and Sewer Rates. There were no speakers and this was dispensed with quickly.

Then came the Public Portion of the meeting - where a series of questions were raised about the innocuous sounding "Resolution Approving Stipulation of Settlement". The discussion came later in the agenda, but basically a settlement, signed by the Town Attorney in September, resolves a lawsuit brought by Downey Energy against the Town Board and the Planning Board. Since the public was not aware until this point of such a suit -- to see a resolution approving a settlement is startling.

The Agenda then moved to discussion by Department Heads for their 2024 budgets. There was nothing of note emerging, other than comments echoing the last board meeting reviewed - prices are up.

In discussing the Resolution Approving the Stipulation of Settlement, the town attorney explained that Downey sued the Town/Planning Board because a positive declaration was decided about their project (which basically means, much more robust environmental reviews). He assured the town board that the Planning Board and Public would continue to follow the processes - but that all the depositions etc. taken in preparation for this settlement would be able to be used if there are later law suits. The Town Supervisor had a series of comments, clarifications to be included in the settlement and Town Council Members questions the timing of their notification of this settlement. Please remember that the town code currently DOES NOT allow large Propane Storage facilities - and part of the issue is an effort to get the town to change the code. It is extremely confusing why the planning board is spending time for a project that is explicitly not allowed in the town. The puzzle pieces are not fitting together.

The resolution was tabled and the ward one council member said he was reserving his comments for executive session.

Then there was a lengthy discussion among town board members about whether they were in a position to approve a preliminary budget (there are statutory requirements on when a public hearing must be held and a budget passed) - given there were a number of open questions that still need to be resolved re: compensation etc. (Please look at the notes from this time last year... the same discussion was held). They did pass a preliminary budget - for the purposes of publishing to the public - so that a public hearing can be held November 9 at 7 PM. They passed a resolution scheduling this meeting.

Two budget transfers for 2023 were passed, as basic housekeeping.

A resolution enabling 1222-1224 Route 9 to be connected to the water line was passed, given stipulations regarding engineering reports etc.

An agreement to authorize a contract for rental of equipment to enable paving at the Town Highway Department was passed.

A resolution enabling the town to apply for a grant for a Justice Court Assistance Program passed.

New Business

Wappingers Falls Mobile Home Park on New Hackensack Road - wants to connect to the town's water system - so the details of that was discussed. Apparently the town's water is an unlimited resource with ample infrastructure because those issues/concerns were not raised in any of the water tenancy discussions - despite Camo Pollution controls reiterating that the Town's water/sewer infrastructure is aging.

An Architect is ready to begin on November 13 to install playground equipment at Spook Hill Park.

The buildings department head bemoaned the lack of "River Rounds" stone available for purchase by the town.

The Ward One Council Member reminded everyone about Citizens Safety Training scheduled for October 25 at Town Hall and the pickle ball courts/Tennis courts will be ready this weekend.

Nature Preserve's water tenancy agreement is moving along, with a signed approval letter from the County's BOH.

The board retired to executive session at 9:30 - and returned at 10:15 with no decisions having been made in the executive session.