Tuesday, June 29, 2010

Letter by Mrs. Hawkins about the Aquifer

Project threatens water supply

The Clove Creek aquifer is a regional water supply relied upon by seven communities: Village of Fishkill, City of Beacon, Philipstown, East Fishkill, Wappingers Falls, Town of Fishkill, and the Downstate Correctional Facility.

The purity of the Clove Creek aquifer is threatened by the Highland Valley Development Project, a 210-unit, high-density residential community planned for construction on top of the Clove Creek aquifer.

Concerns of residents in these communities must enjoyrespectful audience by the Town of Fishkill's leadership and the property owner, the Montfort Brothers.

At a recent Town of Fishkill board meeting, a Fishkill resident requested discussion of Highland Valley Development Project and its impact on the Clove Creek aquifer.

Supervisor Joan Pagones refused the woman's request while breezily introducing counsel for the property owner, providing him a public forum to speak on behalf of his private client.

Not only unconcerned with the integrity of this regional water supply, Town of Fishkill leadership is uninterested in public comment that might otherwise require they take a hard look at the interests of those directly affected damage to the Clove Creek aquifer.This is unacceptable.

Compel the hard look! Residents of these seven communities must be aware of this threat to the aquifer and must call on their elected officials (at all levels), the state Department of Environmental Conservation, and local/regional media outlets asking for help in stopping Highland Valley Development Project and bringing to light the Town of Fishkill's flagrant disregard for the region's water supply.

Stephanie Hawkins

Cold Spring

Wednesday, June 23, 2010

6.5 M Bill amended to require a public referendum.

S08141 Summary:
BILL NO S08141A

SAME AS Same as A11416-A

SPONSOR SALAND

COSPNSR

MLTSPNSR



Authorizes the town of Fishkill to issue serial bonds in an amount not to
exceed $6,500,000 for the purpose of liquidating an actual deficit in the
general fund and highway fund, if approved by the qualified voters of such town
at a public referendum.

S08141 Actions:
BILL NO S08141A

06/11/2010 REFERRED TO LOCAL GOVERNMENT
06/23/2010 AMEND AND RECOMMIT TO LOCAL GOVERNMENT
06/23/2010 PRINT NUMBER 8141A

S08141 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________

8141--A

I N S E N A T E

June 11, 2010
___________

Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee

AN ACT to authorize the town of Fishkill to issue bonds

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. The town of Fishkill (hereinafter the "town"), in the
2 county of Dutchess, is hereby authorized to issue serial bonds, subject
3 to the provisions of section 10.10 of the local finance law, on or
4 before December 31, 2011, in an aggregate principal amount not to exceed
5 six million five hundred thousand dollars ($6,500,000) for the specific
6 object or purpose of liquidating an actual deficit (hereinafter the
7 "deficit") in its general fund and highway fund accumulated as of the
8 close of its fiscal year ending December 31, 2010 if such issuance is
9 approved by the qualified voters of such town at a public referendum. In
10 anticipation of the issuance and sale of such serial bonds, bond antic-
11 ipation notes are hereby authorized to be issued. Payment of principal
12 of and interest on such bonds and notes shall be a general fund charge.
13 S 2. (a) As additional security for any issue of general obligation
14 serial bonds and/or bond anticipation notes issued pursuant to this act,
15 the town board of the town is hereby authorized to irrevocably pledge to
16 the payment of the principal of and interest on such bonds and/or bond
17 anticipation notes the town's share of the net collections, as such term
18 is defined in section 1262 of the tax law, from taxes imposed by the
19 county of Dutchess pursuant to the authority of section 1210 of the tax
20 law, as amended, or any successor law thereto, and which such town may
21 be entitled to receive from such taxes, or such portion of such net
22 collections determined by said town at the time of issuance of said
23 bonds and/or bond anticipation notes to be necessary to do so addi-
24 tionally secure such bonds and/or bond anticipation notes, subject to
25 the following limitations and conditions:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17716-02-0
S. 8141--A 2

1 (i) Any such pledge shall become effective on the date of issue of any
2 bonds and/or bond anticipation notes the payment of which is secured by
3 such pledge;
4 (ii) Any such pledge may be made subject to such terms and conditions,
5 not inconsistent with this act, as may be determined necessary or appro-
6 priate by such town board; and
7 (iii) Any such pledge shall not be authorized by such town board
8 unless such town board shall have determined that such pledge is neces-
9 sary and in the public interest.
10 (b) Any pledge made pursuant to this section shall be valid and bind-
11 ing from the time when such pledge takes effect, and the net collections
12 so pledged and thereafter received by the town shall immediately be
13 subject to the lien of such pledge without any physical delivery thereof
14 or further act. The lien of any such pledge shall be valid and binding
15 as against all parties having claims of any kind in tort, contract or
16 otherwise against the town irrespective of whether such parties have
17 notice thereof. Neither the resolution nor any other instrument by which
18 such a pledge is created need be filed or recorded.
19 (c) The state does hereby pledge and agree with the holders of any
20 issue of bonds and/or bond anticipation notes secured by such a pledge
21 that the state will not limit or alter the rights hereby vested in the
22 town to fulfill the terms of any agreements made with said holders
23 pursuant to this act, or in any way impair the rights and remedies of
24 such holders or the security for said bonds and/or bond anticipation
25 notes, until such bonds and/or bond anticipation notes, together with
26 the interest thereon and all costs and expenses in connection with any
27 action or proceedings by or on behalf of such holders, are fully paid
28 and discharged; provided, however, that this pledge shall be subject to
29 the reserved right of the state to alter the base, rate, method of taxa-
30 tion and exemptions from taxation or the method of distribution of the
31 taxes which may be imposed by the county of Dutchess, the net
32 collections from which may be pledged, pursuant to this act, as addi-
33 tional security for any issue of general obligation serial bonds and/or
34 bond anticipation notes of such town. The town is authorized to include
35 this pledge and agreement of the state, subject to the state's reserved
36 right, in any agreement with the holders of such bonds and/or bond
37 anticipation notes.
38 S 3. This act shall take effect immediately.

http://assembly.state.ny.us/leg/?default_fld=&bn=S08141%09%09&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y

Southern Dutchess News article about the 6.5 Million Bond in Fishkill for Deficit Spending

Town of Fishkill looks to borrow $6.5M to cover revenue losses.

Southern Dutchess News June 23, 2010 by Kristine Coulter

Fishkill- The Fishkill town board voted unanimously to seek home rule from the NYS Senate and Assembly for a $6.5 million financing package. The vote took place during a special meeting on the afternoon of Tuesday, June 15.

" As you are already aware the town has experienced a shortfall in anticipated revenue. This shortfall began in late 2005, far too late for a change in the 2006 budget", read Fishkill Supervisor Joan Pagones from a Home Rule Message to NYS Senate/Assembly. "While those issues were a concern and being addressed, nothing could have prepared the town for the national "tsunami" collapse of the housing market".

Pagones remarked the town has seen reductions in revenue from all aspects of the housing downturn, from the mortgage taxes on new construction and financing to building and alteration permits.

"To a smaller extent we have seen reductions in sales tax revenues", said the supervisor.

In 2008 the town took in $1.2 million in mortgage tax revenue, said Fishkill Comptroller Robert Wheeling. In 2009, the town took in approximately $537,000 in mortgage tax revenue, he said.

The financial package would authorize the borrowing of up to $6.5 million to cover 2005 to date, said officials. The option would allow, according to Pagones, the restructuring of town finaces without a tax increase. That would offset under-performing revenues 2005 to date, according to officials.

The supervisor went on to tell those in attendance, of what she called the additional steps taken in the current budget, such as an overall 15 percent reduction in the budget, the institution of lag pay, no cost of living increases for employees (frozen salaries for the second year for officials), employees pay 15% toward their health insurance and no longevity increases for employees.

The town's deficit is approximately $1.3 million as of December 30, 2009, said Wheeling recently.

There are four general funds. The A (General Fund town wide), B (General Fund Town outside village), DA (Highway, town wide) and DB (Highway, town outside village). There are also six ambulance districts, seven lighting districts, eleven sewer districts, and seven water districts, said Wheeling.

"The problem really is the B fund", said the comptroller. He later added, "You're allowed to loan money from one district to another". The B fund, said Wheeling, They owe everybody and that's the problem".

The B fund has a deficit of approximately $2.7 million, said Wheeling. The B and DB funds, which have the same tax base, have a combined $3.2 million deficit. Add to that another $1.8 million in debt that is coming due next year, said Wheeling. That would be a total of $5 million, "I'm talking worst case scenario," said Wheeling.

The board can borrow up to (the words "up to" were stressed by Wheeling) $6.5 million for debt services, if approved by the state Legislature. NYS Senator Saland and Assemblyman Miller support the financial plan as do the town's financial planners, said Pagones.

Thomas Myers from Orrick, Herrington, Sutcliffe, who wrote a book about bond basics for towns, villages and cities in NYS, was one financial planner who worked with the town on it's strategy to get rid of it's deficit.

"Over the next seven years the town reduces it's debt payment by $6.5 million, over the next 10 years that number grow's to $9.9 million. This offsetting debt reduction will fund the new borrowing," said Pagones.

Wheeling remarked as far as the deficit, town officials think they can solve the deficit without raising taxes.

"This is only one step. They're going to have to mind the store," said Wheeling. "They know they've got a problem. They've taken steps to fix the problem...,"said Wheeling.

Monday, June 21, 2010

Fishkill 6.5 M bill in Albany

http://assembly.state.ny.us/leg/?default_fld=&bn=S08141%09%09&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y

S08141 Summary:
BILL NO S08141

Authorizes the town of Fishkill to issue serial bonds in an amount not to
exceed $6,500,000 for the purpose of liquidating an actual deficit in the
general fund and highway fund of such town.


S08141 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________

8141

I N S E N A T E

June 11, 2010
___________

Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government

AN ACT to authorize the town of Fishkill to issue bonds

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. The town of Fishkill (hereinafter the "town"), in the
2 county of Dutchess, is hereby authorized to issue serial bonds, subject
3 to the provisions of section 10.10 of the local finance law, on or
4 before December 31, 2011, in an aggregate principal amount not to exceed
5 six million five hundred thousand dollars ($6,500,000) for the specific
6 object or purpose of liquidating an actual deficit (hereinafter the
7 "deficit") in its general fund and highway fund accumulated as of the
8 close of its fiscal year ending December 31, 2010. In anticipation of
9 the issuance and sale of such serial bonds, bond anticipation notes are
10 hereby authorized to be issued. Payment of principal of and interest on
11 such bonds and notes shall be a general fund charge.
12 S 2. (a) As additional security for any issue of general obligation
13 serial bonds and/or bond anticipation notes issued pursuant to this act,
14 the town board of the town is hereby authorized to irrevocably pledge to
15 the payment of the principal of and interest on such bonds and/or bond
16 anticipation notes the town's share of the net collections, as such term
17 is defined in section 1262 of the tax law, from taxes imposed by the
18 county of Dutchess pursuant to the authority of section 1210 of the tax
19 law, as amended, or any successor law thereto, and which such town may
20 be entitled to receive from such taxes, or such portion of such net
21 collections determined by said town at the time of issuance of said
22 bonds and/or bond anticipation notes to be necessary to do so addi-
23 tionally secure such bonds and/or bond anticipation notes, subject to
24 the following limitations and conditions:
25 (i) Any such pledge shall become effective on the date of issue of any
26 bonds and/or bond anticipation notes the payment of which is secured by
27 such pledge;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17716-01-0
S. 8141 2

1 (ii) Any such pledge may be made subject to such terms and conditions,
2 not inconsistent with this act, as may be determined necessary or appro-
3 priate by such town board; and
4 (iii) Any such pledge shall not be authorized by such town board
5 unless such town board shall have determined that such pledge is neces-
6 sary and in the public interest.
7 (b) Any pledge made pursuant to this section shall be valid and bind-
8 ing from the time when such pledge takes effect, and the net collections
9 so pledged and thereafter received by the town shall immediately be
10 subject to the lien of such pledge without any physical delivery thereof
11 or further act. The lien of any such pledge shall be valid and binding
12 as against all parties having claims of any kind in tort, contract or
13 otherwise against the town irrespective of whether such parties have
14 notice thereof. Neither the resolution nor any other instrument by which
15 such a pledge is created need be filed or recorded.
16 (c) The state does hereby pledge and agree with the holders of any
17 issue of bonds and/or bond anticipation notes secured by such a pledge
18 that the state will not limit or alter the rights hereby vested in the
19 town to fulfill the terms of any agreements made with said holders
20 pursuant to this act, or in any way impair the rights and remedies of
21 such holders or the security for said bonds and/or bond anticipation
22 notes, until such bonds and/or bond anticipation notes, together with
23 the interest thereon and all costs and expenses in connection with any
24 action or proceedings by or on behalf of such holders, are fully paid
25 and discharged; provided, however, that this pledge shall be subject to
26 the reserved right of the state to alter the base, rate, method of taxa-
27 tion and exemptions from taxation or the method of distribution of the
28 taxes which may be imposed by the county of Dutchess, the net
29 collections from which may be pledged, pursuant to this act, as addi-
30 tional security for any issue of general obligation serial bonds and/or
31 bond anticipation notes of such town. The town is authorized to include
32 this pledge and agreement of the state, subject to the state's reserved
33 right, in any agreement with the holders of such bonds and/or bond
34 anticipation notes.
35 S 3. This act shall take effect immediately.

Saturday, June 19, 2010

June 19, 2010 Fishkill Town Board Meeting

The meeting was held at Camp Foster off Castle Point Rd.

There was a very large crowd with residents of Fishkill and Phillipstown attending. Water was discussed and the developers attorney, spoke about the Highland Trailer Park development over the aquifer. He said that there were on-going negotiations with Phillipstown and the Haldane School District. Supervisor Pagones also indicated that there will be a Public Hearing about this project in the future, and that she will notify all when it happens.

Westage, the medical buildings in back of the KFC near Wal-Mart. Recieved a lower assessed value. 9.6 M down from 12 M.

FIDO- Fishkill Independant Dog Owners, were present. The group was formed, as a second dog was killed in the dog park, in a year. This group presented the town with a petition of 80 names who requested the town make up-grades to the dog park.

http://www.fishkill-ny.gov/pdfs/TownBoardAgendas/2010Agendas/06-19-2010%20%20TB%20Agenda.pdf

Next meeting at Sheppard Park on July 10, 2010 at 10AM.

Tuesday, June 15, 2010

6/15/2010 Special Fishkill Town Board Meeting about BONDING

The Town Board today, voted to begin the process to Deficit Spend 6.5 million dollars. They took no questions from the public.

In order for it to pass, Assemblyman Miller and Senator Saland will have to get legislative support.

They are looking for up to 6.5 M in bonding.

Friday, June 11, 2010

Huffington Post covers Fishkill Aquifer Story

Water Supply of 18,000 Threatened by Government with No Pride


By Michael Boyajian


The Town of Fishkill established a Master Building plan a few years back that called for maximum building in the town over a three year period. The problem is that the plan did not take into account threats it posed to the pure water supply enjoyed by 18,000, perhaps even 55,000, people in the area going beyond Fishkill into nearby Philipstown and East Fishkill.


Local resident and environmental activist, Dr. David Eberle, reports that the Town pushed through the Master Plan allowing building plans to bypass normal procedures of going before the zoning and planning boards for approval. According to Dr. Eberle this benefits a major donor to the local Republican Party, Montfort, which wishes to build 200 mobile homes over the source of this water supply, the Clove Creek aquifer which is a "sweet spot" in the water system. The entire Town government is comprised of Republicans.


Dr. Eberle goes onto to say that the proposed building site is made up of a sandy loam soil mix and that the water table is just a few feet below the surface putting it at risk from contamination from road salt, pesticides and fertilizer. Some speculate that run off from the parking might also allow radiator fluid and motor oil to leech into the aquifer further jeopardizing the drinking water of thousands.


The news doesn't stop there. The nearby Fishkill Creek aquifer is already contaminated by high levels of salt and depends on an inflow of Clove Creek water to dilute its contamination down to acceptable levels. If Clove Creek becomes contaminated then the Fishkill Creek aquifer will lose this precious inflow threatening the water supply of many other residents. In fact, Dr. Eberle reports that the Clove Creek aquifer is the only part of the Fishkill Watershed aquifer that is not polluted. A recent Village of Fishkill water report indicated high levels of chloride in the water supply as well.


Eberle says, "The consequence is that a small community in a bucolic setting is being transformed into a high density area with all the attendant problems." Resistance to the plan is growing among environmental groups like the Fishkill Ridge Caretakers, the Beacon Sloop Club and Clearwater. Community leaders have reached out to Riverkeeper for help as well.


In addition to environmental hazards there is a possible violation of the grave sites of Revolutionary War patriots. A local history group, the Friends of the Fishkill Supply Depot, worry that part of the Fishkill Supply Depot, New York's Valley Forge, may be disturbed by the building plan. Upwards of a thousand Revolutionary War soldiers graves were recently discovered on Depot land.


The problem is that the Town operates without opposition and clandestinely, keeping constituents in the dark. Community organizer Ozzy Albra said that during one public meeting the board went behind closed doors in an "executive session" returning only after those in attendance had left thinking the meeting was over. As a result, working class residents, even with their water supply being threatened, go to the polls each Election Day and vote back in the very people who are destroying their way of life and the water supply of the biggest investment in their lives, their homes.


The question is how will these voters react when the entire water supply is contaminated and their neighborhoods are turned into the Love Canal of 2010? Love Canal you may recall was an entire community in the Buffalo area that was declared unfit for human habitation and shut down because of pollution thirty some odd years ago. Residents there were forced to leave their homes forever because of that pollution event. Some say residents may have regrets and anger one day but by then government officials will be living in Florida growing fat poolside as Fishkill residents find themselves homeless making this a horror story created by a government that has no pride.


End

http://www.huffingtonpost.com/wires/2010/06/11/water-supply-of-18000-thr_ws_608976.html

Video of 6/10/2010 Fishkill Planning Board Meeting

http://www.youtube.com/watch?v=siGNMrA-SwM

This is the meeting, where the Planning Board abdicated authority of development to the Town Board.

It is also important as this will effect our drinking water.

This is also typical of all meetings in Fishkill, where everything is a Rubber Stamp.

Thursday, June 10, 2010

6/10/2010 Planning Board Meeting

Today, the Fishkill Town Planning Board. Set a historic precident. It allowed the Town Board to have the authority to be the lead agency in regards to Trailer Park developments in Fishkill.

I say, why do we need Zoning or Planning Boards. When the Town Board can do the job. In fact, it could be a cost savings in the future.

Anyway, at least 30 residents of Phillipstown and Fishkill attended the meeting. There was no alloted time for public comment and the Town Board request was granted.

The Highland Trailer Park to be built on Dutchess Sand and Gravel on Route 9. Will have a significant impact on our water supply, as this area is the "sweet recharge area" of our aquifer. It also will impact the Haldane school district. There is also significant traffic concerns and there may be ruins of the Fishkill Supply Depot Hospital in that area.

The Town of Phillipstown, Village of Cold Spring and the Haldane School District. Appear to be working on a plan to take this development away from the Town Board and request that the NYS DEC is the lead agency.

Cablevision News covered this meeting and so has the local Putnam County paper.

http://www.pcnr.com/news/2010-06-09/Front_Page/A_New_Zoning_Battle.html

Monday, June 7, 2010

Letter about Fishkill History

'09 Tea Party is 'disgrace' to Fishkill

I read the story about the original Fishkill Tea Party, circa 1776 in your paper ("Women protested tea prices at Fishkill site," May 26). It was not only a story about the strong women in Fishkill history, it was a story about government regulation, that in today's age would be considered socialist. While the merchant attempted to sell tea over the regulated price, Fishkill women would have none of it. Fast-forward to the Fishkill Tea Party of 2009, hosted by the Fishkill GOP at Dutchess Stadium. At that event, local Republican elected officials complained about the "stimulus," even though they applied for "stimulus" aid!

The Tea Party of 1776 was a historic moment in Fishkill history. The Tea Party of 2009 was a disgrace to that legacy.

The article talked about the New York Packet. Samuel Loudon was the publisher who fled the British in New York City and published his paper here in Fishkill during the Revolutionary War. It was not only the paper of record, he also published the original copies of the New York State Constitution in Fishkill.

What's truly sad is that history was lost. There was a Daughters of the American Revolution monument, identifying the site of Loudon's printing press. That marker was removed and replaced by an apartment complex. Similarly, a DAR monument identifying the Burial Ground of Revolutionary Soldiers, at the Fishkill Supply Depot, was also moved, and a Hess gas station was later built on the site. In Fishkill, development overrides history.

Ozzy Albra

Fishkill