WAWARING – During the February 4 town meeting, the Wawarsing board unanimously approved a resolution expressing their opposition to the state Department of Corrections proposal to construct a 13 acre solar array on Colony Farm off Route 209, or on state lands adjacent to Walmart.

While not taking a side, village resident and Ulster County legislator TJ Briggs strongly opposed the nature of the process itself, where the board, he said, arbitrarily did what they wanted to do.

"How are people to be here to address a resolution that is not on your agenda?" he asked. "I think this is totally out of line, totally inappropriate, and I would beg of you to please not pass this resolution. You have no business doing this."

Briggs added that in order to be objective in making a decision regarding the proposed solar project, the board would first have to receive input from their zoning and planning boards. He instead asked the board to table the motion until the following meeting, giving both boards a chance to inform the town board of their opinions, as well as give the public a chance to rally around the board and offer support, if that be the case.

During the rest of the evening, three resolutions —including two inter-municipal agreements between the village and town regarding NY Rising funds — were approved without being on the agenda.

While the preferred method is for all resolutions to be on the agenda, town attorney William Collier said the board is not legally beholden to do so. He added that the board has the ability to add any town business to the agenda up to meeting time.

In the case of the two other resolutions, Collier said, information came in after the deadline for preparing the agenda, while the matters had to be resolved during the evening's proceedings.

Regarding DOCC's solar proposal, the attorney added that "the town cannot control what the state does on state land. The state could build the Eiffel Tower there if they want to; they don't come to us for permission."

"We cannot stop them. They are exempt from everything. They want to do what they want to do and what do we do?" Distel asked. "How do we answer to our constituents? We have to at least try to pass a resolution that maybe they would reconsider solar panels here."

Unrelated, Briggs offered the board information regarding the county's proposal to cut sales tax dividends, currently split between twenty towns and villages and the City of Kingston, from three to two percent. According to the veteran legislator, the county passed a resolution in 1993 that would affectively split revenue between the county, city of Kingston and the towns and villages at a formula of 88 percent, 10 percent and 2 percent respectively. In 2001, another resolution was passed changing the allocations to 85.5 percent for the county, 11.5 percent for the city of Kingston and the towns and villages sharing 3 percent.

The reason for the most recent increase, he said, was an increase in the cost of safety net expenses, which have since been assumed by the county.

Under the current proposal, Briggs continued, the towns and villages would split approximately $3.3 million, with the town of Wawarsing getting $180,000 and the village of Ellenville $31,000.

Originally, he said, it was thought the towns and villages, as well as the city, would give back 1 percent, going back to the formula in the 1993 resolution. However, he added, after discussing what a hardship that would be for towns and villages in the county, that decrease may be put on hold.

Briggs assured the board, as vice chair of the county legislature's Ways and Means Committee, that he would vote no for any reductions. He added, however, that since the county took over the safety net, saving the town approximately $960,000, the board should prepare a statement as to where the money was used, whether that be infrastructure or debt.

"I think it's important," Briggs said. "I think it shows good faith."