 Town Board Passes Five Monumental Laws on Historic Night
On a historic night for the Town of Fishkill, the Town Board voted Wednesday to adopt five separate pieces of legislation to protect the residents of Fishkill and improve the quality of life for the thousands of citizens who call the town home.
The Town Board adopted local laws pertaining to the sale of Town-owned land, aquifer protection, historic preservation, solicitation and peddling enforcement, and voted to advance another proposed local law protecting residents from telecommunications towers, which is in the Public Hearing phase.
The Board also took time Wednesday to recognize more than 50 members of the Verplanck Garden Club, a community organization dedicated to the beautification of Fishkill and educating residents about important environmental and gardening issues.
The Town Board is also pleased to announce that after collaboration with other municipalities and county leaders, Dutchess County has been approved for individual assistance from FEMA for residents and property owners who suffered damage to their properties as a result of Hurricane Ida. Continue reading for more information.
Town gives unprecedented power to the people
The Town Board took historic action Wednesday by giving Town residents the veto power regarding the sale of Town-owned land.
This new law is an unprecedented action in the history of the Town of Fishkill, as previous sale of Town land was determined solely by the Town Board, requiring residents opposed to the sale to gather petitions with hundreds of signatures to force a public vote on the matter. Moving forward, any sale of Town land requires the Town Board to initiate a public vote itself, removing the burden from taxpayers and offering residents a unique opportunity to make the final decision to approve or reject any potential sale of Town-owned property.
Councilman Joe Buono said giving residents more power to shape the future of the Town is a hallmark of good government.
"Selling public land is one of the most important decisions a municipality can take," Councilman Buono said. "To give residents the most say in this process as possible, is the right thing to do. It's about being transparent and giving our neighbors control over our shared destiny."
Why is this important?
As Fishkill residents know, this Town Board stopped the massive Rolling Hills project proposal on the Route 9D corridor, which would have seen the construction of nearly 500 residential units and a traffic circle on Route 9D near the Newburgh-Beacon Bridge, exacerbating the existing traffic problems along the entire 9D corridor near that interchange.
Notably, the previous Town administration intended to sell more than 7 acres of Town-owned land landlocked within the proposed development site to the project developer. This would have been a critical move to support the success of the Rolling Hills project.
In addition, this proposed project was adjacent to the not-for-profit properties which took more than $50 million of assessed property value off the tax rolls. While this development was being proposed, the not-for-profit was simultaneously proposing an office building near this location, a proposal which was withdrawn shortly after the Rolling Hills project was blocked.
When the Town updated its Chapter 150 zoning laws earlier this year, provisions were updated to make it more difficult for not-for-profits to propose high-density housing developments for their benefit. This section also provided for performance bonds (also known as completion bonds) to prevent future issues like the abandoned construction area near the intersection of Routes 52 and 82. These bonds will ensure the Town has money to clean up abandoned sites and prevent eyesores which diminish the quality of life of Fishkill residents.
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Town protects history for our future
The Town Board adopted a monumental historic preservation law at Wednesday's meeting, in a move to preserve the Town's unique historical and cultural resources and support local businesses by promoting tourism dollars and economic growth.
This move is consistent with the Town Board's commitment to preserving and promoting history. The cornerstone of this initiative is the installation of a statue of Chief Daniel Nimham, a Fishkill native who was the final Sachem, or tribal leader, of the Wappinger people. Nimham was a noted advocate for Native American land rights and the courageous leader of the Stockbridge Militia of Native American warriors who fought alongside the Continental Army against the British during the Revolutionary War.
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The statue is set to be installed near the intersection of Routes 52 and 82, a location steeped in history and business, located near the historic Brinckerhoff House and the Rombout Cemetery, the Dutchess Park Plaza and the planned new Rombout Fire Station, which will be a draw to spearhead the revitalization of that area.
Aquifer protections take center stage
The Town Board took decisive action Wednesday to protect drinking water supplies for generations to come, adopting an Aquifer Protection Overlay Zone for the Town of Fishkill.
Why is this important?
The Dutchess County Department of Health has identified the Snook Well Field, which supplies Merritt Park, and the Brinckerhoff Water District, as requiring remedial action. The Town is currently working to remediate both situations while allocating federal stimulus dollars to save taxpayer money.
This law provides a tangible benefit for residents who have private wells. This benefit has been highlighted during recent Town water infrastructure work. The Town is currently nearing completion of a $5 million water main project for the Beacon Hills Water District, of which the Town has received $3 million from New York State. This project involved replacing aging, leaking mains with new lines to Beacon Hills residents. This year alone, the repairs have saved more than 470,000 gallons of water which would otherwise have been lost due to leaks, depleting our aquifers and endangering private residential wells. This savings ensures that groundwater resources do not deplete, reducing the risk of private residential wells running dry.
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The Town will also be codifying this law as part of its ongoing participation in the Drinking Water Source Protection Program, a water resource protection plan overseen by the Department of Environmental Conservation. The law and its principles will also be codified in the Town's updated Comprehensive Plan, a process which is already underway. Councilwoman Louise Daniele said the law helps alleviate issues caused by prior development decisions while supporting sustainable and responsible future development initiatives.
"What we've had to deal with as a Town is the result of decisions and mistakes in the past," Councilwoman Daniele said. "With this law, we can undo much of that harm and ensure future generations have clean, healthy and reliable sources of drinking water."
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Wednesday's Public Hearing was attended by a number of Town residents who spoke in support of the law, which was also strongly supported by both the Dutchess County Planning Department and the Town Planning Board. The only opposition to the law was voiced by developers from New York City.
Solicitation, enforcement are key quality-of-life measures
Two more local laws were adopted to directly address quality of life concerns brought before the Town by a number of residents. Both laws pertain to Chapter 112 of the Town Code, which governs peddling and soliciting.
First, the Town responded to residents concerned by increased and aggressive or intimidating panhandling. While the Town recognizes individuals' rights to solicit money, the Town Board also recognizes that it must be done in a safe and courteous manner. The new law allows the Town Police to take action with aggressive panhandlers. Furthermore, this law prohibits panhandling along public roadways and near banking institutions. On private property, Town of Fishkill Police will be empowered to make arrests based on receiving formal complaints from the property owner. If you observe an individual panhandling on private property, such as a major retailer like Walmart, you can notify the store manager, who can then contact the police to file a complaint.
Councilwoman Kenya Gadsden brought the panhandling question to the attention of the Town Board after conversations with concerned residents. Councilwoman Gadsden said she is very pleased the Board took swift action to alleviate these concerns.
"We all have an obligation to listen to the voices of residents when they come to us with questions and concerns about their quality of life," Councilwoman Gadsden said. "We are vested with the responsibility to protect our residents and I'm very glad we were able to achieve this with this new law."
The Board took further action by adopting enforcement provisions which apply to peddling and soliciting, empowering the Police Department, in addition to the Building Inspector, to enforce these laws. This law stems from an increase in unlicensed food truck operation in the Town. The Town Board encourages the operation of food trucks and supports these small business owners by offering permits to licensed vendors. However, to protect the health and well-being of our residents, the Town cannot permit unlicensed vendors to operate freely.
Resident protection from neighborhood cell towers moves forward
The Town of Fishkill has also taken a major step forward in protecting residents against the proliferation of 5G and other cellular communications towers in the vicinity of their homes and neighborhoods.
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The Town has retained the counsel of prominent attorney Andrew Campanelli, of Campanelli & Associates, to draft a comprehensive Cell Tower ordinance, arming the Town with the maximum power to review and scrutinize applications from telecommunications companies, giving them broad power to legally reject towers and prevent their construction anywhere developers want.
This law will be voted on at the December 1, 2021 Town Board meeting, after review by Dutchess County Planning. Councilwoman Jackie Bardini has taken a leading role in the process, after receiving a petition signed by more than 100 residents concerned about a proposed cell tower in their neighborhood. Councilwoman Bardini said the Town's proposed law will offer peace of mind not only to the petitioners, but residents throughout the Town whose quality of life could be threatened without strong protection from telecommunications companies.
"I applaud these residents who brought this matter before the Town, because it isn't just a localized issue for any one neighborhood," Councilwoman Bardini said. "It's clear that these cell towers are being proposed throughout municipalities, and we have a duty to act in the interest of the residents who call Fishkill home, and put their needs above the desires of large companies who don't have to deal with the day-to-day impact of these towers in our neighborhoods."
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A special note of thanks
Town Supervisor Ozzy Albra offers his special thanks to the countless individuals who made these laws possible. None of these historic measures would have been possible without the efforts of the Town's talented and dedicated staff, the Town Planning Department, the Town Attorney Feerick, Nugent, MacCartney, Town Engineer CPL Engineering, Town Planner Elizabeth Axelson, Town Clerk Becki Tompkins, Town Councilmembers Jackie Bardini, Joe Buono, Louise Daniele and Kenya Gadsden, and the many residents who worked with us to accomplish these tasks on behalf of the citizens of Fishkill.
Lastly but most importantly, Supervisor Albra thanks the residents of Fishkill who allow him the privilege of serving as Town Supervisor, and the privilege of serving alongside talented Town Board members equally dedicated to the best interests of the citizens of our Town.
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Town, County approved for individual FEMA assistance from Hurricane Ida
Dutchess County has been approved for additional disaster assistance from the Federal Emergency Management Agency (FEMA) in the wake of Hurricane Ida for homeowners, renters, and businesses. Dutchess County residents who have experienced property or income damage must now register for assistance, regardless of whether damage estimates were initially provided.
Residents and businesses can now apply for assistance in the following ways:
- The fastest way to apply is online at DisasterAssistance.gov, enter your zip code and click "Apply for Assistance"
- Call (800) 621-FEMA (3362) between 7am and 1am, 7 days per week. PLEASE NOTE: If you use a relay service (a videophone, InnoCaption, CapTel, etc.), please provide your number assigned to that service. FEMA must be able to contact you. Be aware that phone calls from FEMA come from an unidentified number. Due to current disaster activity, FEMA is experiencing heavy call volumes.
FEMA's Individual Assistance program includes grants for repairs and for rent of alternative housing, low-interest disaster loans from the U.S. Small Business Administration (SBA), and grants for other serious unmet needs.
An important reminder
Early Voting begins on Saturday, October 23, and continues until Sunday, October 31. Fishkill Town Hall is our local Early Voting polling site. Residents from anywhere in Dutchess County can come to Town Hall on those days to cast their ballot. Election Day is Tuesday, November 2. Voters on this day should report to their regular polling sites.
To verify the dates and times for Early Voting and confirm your Election Day polling site, or to view a sample ballot containing this year's candidates and six ballot propositions, visit the Dutchess County Board of Elections website by clicking the link below:
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