2015-11-04Town of Wappinger
Special Meeting
Minutes
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph Paoloni
(845)297-5771
Wednesday, November 4, 2015 7:30 PM Town Hall
Call to Order
Supervisor Barbara Gutzler called the meeting to order at 7:30 PM.
Attendee Name
Organization
Title
Status
Arrived
Barbara Gutzler
Town of Wappinger
Supervisor
Present
7:30 PM
William Ciccarelli
Town of Wappinger
Councilman
Present
7:30 PM
William H. Beale
Town of Wappinger
Councilman
Present
7:30 PM
Ismay Czarniecki
Town of Wappinger
Councilwoman
Present
7:30 PM
Michael Kuzmicz
Town of Wappinger
Councilman
Present
7:30 PM
Grace Robinson
Town of Wappinger
Deputy Town Clerk
Present
7:30 PM
Albert Roberts
Consultant
Attorney
Present
7:30 PM
Frederick Awino
Comptoroller
Present
7:30 PM
Joseph P. Paoloni
Town of Wappinger
Town Clerk
Present
7:30 PM
Pledge of Allegiance
Adopt Agenda
1. Motion To: Adopt Agenda
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarniecki, Councilwoman
AYES:
Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz
IV. Public Hearings
1. Motion To: On Adopting Local Law No. 2 Of The Year 2015, Imposing A Temporary Town -
Wide Moratorium On The Installation Of Freestanding Or Ground -Mounted Solar Energy
Systems
Following the public hearing, a motion to close the public hearing was made by Councilman
Kuzmics and seconded by Councilman Ciccarelli. The motion carried unanimously.
Town of Wappinger Page I Printed 1111912015
Special Meeting Minutes November 4, 2015
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarnecki, Councilwoman
AYES:
Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
2. Motion To: On Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Spec.
Impr. Dist and Areas for 2016
Resident Regina Dauzat asked why rates go up every year when there is over a million dollars in
the water fund balance. Water and Sewer consultant Michael Tremper said costs go up for
maintenance and repairs which causes the water rates to go up. She complained that last year the
water charges went up $50 per quarter. Fredrick Awino explained that the fund balance went up
15% last year from $898,000 to $1,034,000 from excess revenues. The bulk of the fund balance
came from a settlement of over $800,000 from an oil company. She added that part of the
increase in expenses for the water district came from New York City DEP costs and should not
be passed on to the water district. Supervisor Gutzler and Attorney Roberts explained that costs
for the DEP come out of revenues supplied by DEP. Councilman Beale pointed out that the
town board has no control over the water and sewer rates. Mike Tremper said that audit and
control recommends a certain amount of fund balance, but did not recommend an amount. He
agreed that if the fund balances got too high they could be used. He also added that the town
board DOES have discretion over the level of fund balance and the rates to either offset some of
the capital projects costs or a small portion of the rates. He added that some fund balance is
good for unforeseen events.
Ron Scazzafava from 14 Lormar Court asked the purpose of the new water meters. Supervisor
Gutzler explained that the new meters are more accurate. He then asked if it were possible to
lower the minimum on the rate structure such that older people or those houses that use less
water would pay less than those that use significantly more than others. Mike Tremper said that
with the new water meters and more accurate information, the town board can do an evaluation
of the rate structure cause them to lower the minimum such that older people will pay less due to
their lower water consumption rather than paying the same as a house with multiple users.
Following the public hearing, a motion to close the public hearing was made by Councilman
Kuzmicz and seconded by Councilman Beale. The motion carried unanimously.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarnecki, Councilwoman
AYES:
Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
3. Motion To: On Adopting Annual Budget
Chief Court Clerk Cheryl Hait came to ask to restore the lines for security and training adding
that at anytime a jury trial could be requested and security would be mandated The board
agreed.
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Special Meeting Minutes November 4, 2015
V.
Following the public hearing, a motion to close the public hearing was made by Councilman
Kuzmicz and seconded by Councilman Czarnecki. The motion carried unanimously.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William Ciccarelli, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
Resolutions
RESOLUTION: 2015-232
Resolution Adopting Local Law No. 2 Of The Year 2015, Imposing A Temporary Town -
Wide Moratorium On The Installation Of Freestanding Or Ground -Mounted Solar Energy
Systems
WHEREAS, the Town Board of the Town of Wappinger duly adopted a resolution
introducing a proposed Local Law entitled "Local Law No. 2 Of the Year 2015, Imposing a
Temporary Town -Wide Moratorium on the Installation OF Freestanding or Ground -Mounted
Solar Energy Systems"; and
WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal, the official newspapers of the Town; and
WHEREAS, the Public Hearing was held on November 4th, 2015, and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof, and
WHEREAS, the Proposed Action is a Type II Action not subject to environmental
review pursuant to 6 N.Y.C.R.R. §617.5 (c)(30) and pursuant to Town of Wappinger Code §117-
5 (the Town's Environmental Quality Review Law); and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 2 Of the Year
2015 entitled "Local Law No. 2 Of the Year 2015, Imposing a Temporary Town -Wide
Moratorium on the Installation OF Freestanding or Ground -Mounted Solar Energy Systems", a
copy of which is attached hereto and made part of this Resolution.
The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the
Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local
Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
Town of Wappinger Page 3 Printed 1111912015
Special Meeting
Minutes November 4, 2015
✓ Vote Record - Resolution RES -2015-232
❑ Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑Defeated
.. .....................................................................................................................
William Ciccarelli
Voter
Q
❑
o
0
Q Tabled
William H. Beale ......................
Seconder ..........
Q ......
..... 0 .................
......
❑ ....
❑ Withdrawn
11
Ismay Czarniecki ....................
Voter ..............Q
......
..... 0 .................
......
..... ❑ ....
Next: 11/9/15 7:30 PM
..................
Michael Kuzmicz
...........
Mover
.....
Q
.... ............
❑
............
❑
......
❑
Dated: Wappingers Falls, New York
November 04, 2015
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2015-233
Resolution Adopting Capital Budgets, O&M Charges And Water/Sewer Rates And Rents
For Special Districts And Special Improvement Areas For Fiscal Year 2016
WHEREAS, on October 19, 2015, the Town Board, pursuant to and in accordance with the
provisions Sections 198 and 202 of the Town Law and other applicable provisions of law, scheduled a
Public Hearing on the Proposed Capital Budgets and Proposed O&M Charges Water/Sewer Rates and
Rents for Special Districts and Special Improvement Areas for Fiscal Year 2016; and
WHEREAS, the Town Board conducted a Public Hearing on November 4, 2015 at 7:30 p.m. and
all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed
Capital Budgets and proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and
Special Improvement Areas for the fiscal year 2016; and
WHEREAS, the Town Board has taken into consideration the comments made by the public at
the Public Hearing.
NOW, THEREFORE, BE IT RESOLVED, as follows:
I. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. Pursuant to and in accordance with the provisions of Sections 198 and 202 of the Town
Law and other applicable provisions of law, the annexed detailed statement of the Capital Budgets and
O&M Charges Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement
Areas of the Town of Wappinger is hereby approved and adopted as the Capital Budgets and O&M
Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1,
2016.
The Town Clerk is hereby directed to enter the aforementioned budgets adopted herein in the minutes of
the Town Board.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2015-233
No/Nay„
Abstain„
Absent
Q Adopted
„Yes/Aye„
❑ Adopted as Amended
Barbara Gutzler
Voter
...........
Q
❑ .. .........
.. ❑
❑
❑ Defeated
,,' William Ciccarelli
................
Voter
.......... ......
Q
.... .........
❑
....... ....
❑
....... .....................
❑
❑ Tabled
William H. Beale .....................
''William
Mover.. .
I..
..... Q .............
❑ ...
.... ❑ ............
❑ ...
❑ Withdrawn
Ismay Czarniecki
Voter
El
0.
0.
0.
..
Michael Kuzmicz
Seconder
Q
o
o
❑
Dated: Wappingers Falls, New York
November 04, 2015
Town of Wappinger Page 4 Printed 1111912015
Special Meeting
Minutes November 4, 2015
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2015-234
Resolution Adopting Annual Budget For Fiscal Year 2016
WHEREAS, on October 19, 2015, the Town Board, pursuant to and in accordance with
the provisions of Section 106 of the Town Law and other applicable provisions of law, accepted
the Preliminary Budget, by Resolution No. 2015-224; and
WHEREAS, in accordance with Resolution No. 2015-224, a Public Hearing on the
Preliminary Budget was held on November 4, 2015 at 7:30 p.m. and all parties in attendance
were permitted an opportunity to speak on behalf or in opposition to the proposed Annual
Budget for the fiscal year 2016; and
WHEREAS, the Town Board has taken into consideration the comments made by the
public at the Public Hearing.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Pursuant to and in accordance with the provisions of Section 109 of the Town
Law and other applicable provisions of law, the annexed detailed statement of expenditures and
revenues of the Town of Wappinger is hereby approved and adopted as the Annual Budget of the
Town of Wappinger for the fiscal year beginning January 1, 2016.
3. The Town Clerk is hereby directed to enter the Annual Budget adopted herein in
the minutes of the Town Board.
The Town Board further directs that the amounts identified in the Annual Budget adopted herein
shall be appropriated.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2015-234
❑ Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑Defeated
William Ciccarelli
Voter
.................................................................
Q
❑
0
0
Q Tabled
WilliamKBeale......................Mover.............Q......
❑........,........❑......
❑....
❑ Withdrawn
11
Ismay Czarniecki ....................
Voter ....,.........Q
......
..... 0 .................
......
..... ❑ ....
Next: 11/9/15 7:30 PM
..................
Michael Kuzmicz
......
Seconder
.....
Q
.... ............
❑
............
❑
......
❑
Dated: Wappingers Falls, New York
November 04, 2015
The Resolution is hereby duly declared Tabled.
VI. Adjournment
1. Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 8:30 PM.
Town of Wappinger Page 5 Printed 1111912015
Special Meeting
Minutes November 4, 2015
Joseph P. Paoloni
Town Clerk
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William Ciccarelli, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
Town of Wappinger Page 6 Printed 1111912015