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2011-11-02 SPMTown of Wappinger Special Meeting Agenda 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Christine Fulton 845-297-5771 Wednesday, November 2, 2011 6:30 PM Town Hall I. Call to Order II. Pledge of Allegiance III. Public Hearings ir..r Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2012 Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2012 IV. Public Comments V. Discussions A. Budget VI. Resolutions 2011-348. Resolution Adopting Final Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2012 VII. Special Consideration VIII. New Business IX. Adjournment Town of Wappinger Page 1 Printed 111112011 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us ^' Minutes — Christine Fulton 845-297-5771 Wednesday, November 2, 2011 6:30 PM Town Hall I. Call to Order Supervisor Barbara Gutzler called the meeting to order at 6:34 PM on November 2, 2011. Wappinger Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Late 7:02 PM Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present II. Pledge of Allegiance III. Public Hearings Motion To: open the public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Ismay Czamiecki Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2012 Motion To: open the public hearing RESULT: MOVER: SECONDER: AYES: ABSENT: Public comment ADOPTED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Barbara Gutzler, William Beale, Ismay Czarniecki Vincent Bettina, Joseph Paoloni The first resident to speak was Diane Defray. She questioned how the Benefit Assessment rates were calculated. Al Roberts, Town Attorney, explained the process. The next resident to speak was Walter McGowan. He explained that he was looking for some relief from the Assessment for Lake Oniad. He had spoke to the board at the last meeting and wanted to know if a decision was made. Supervisor Gutzler read a letter from the Assessor that explained his recommendation. The letter recommended the reduction to be to 1 benefit unit. Discussion continued. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Ismay Czarniecki Town of Wappinger Page 1 Printed 11/23/2011 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY= NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING TO HEAR ANY OBJECTIONS TO THE PROPOSED BUDGETS, 0&M CHARGES, WATER/SEWER RATES AND RENTS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPOVEMENT AREAS FOR FISCAL YEAR, 2012" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) Christine Fulton, being duly sworn, deposes and says: That she is the duly appointed, qualified and acting Deputy Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 17, 2011, your deponent posted a copy of the "Notice of Public Hearing to hear any objections to the proposed budgets, 0&M charges, water/sewer rates and rents for special improvement districts and special improvement areas for fiscal year 2012", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Christine Fulton Deputy Town Clerk Town of Wappinger Sworn to before me the 25th day of October, 2011 BARBARA A. GUTZLER NOTARY PUBLIC STATE OF NEW YORK NO. 01 GU6020894 QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES 3181,, P, SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication TO: TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86926 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; that a notice, of which the annexed is a printed copy, has been duly and regularly published in Southern Dutchess News once each week for 2 consecutive weeks; and that the dates of publication were as follows: 10/19/11 and 10/26/11. a'" Sworn to before e this 26th day of October, 2011 �=ZA a4l(6� 4hjd"�r ANCY HY UKE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 np, EVE° 00 '2 7 2011 TOWN OF WAPPINGER TOWN CLERK, ou��l�ee .ice Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie,, Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2011 in the City of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for two weeks successively, in each week, commencing on the 19th day of Oct. in the year of 2011 ---__and on the following dates thereafter, namely on: And ending on the 26th day of Oct. in the year of 2_ 01 1 both days inclusive. ubsc,ib and sworn to before me this of in the year X011 -- -- day My commission ex ROSE ANN SIMPSON Notary Public, State of New York No. 01 S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 ZU/ A 4 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED BENEFIT ASSESSMENT ROLLS FORDISTRICTS AND FISCALSPECIAL YEAR 2012 FOR SPECIAL IMPROVEMENT IMPROVEMENTROVEMENT AREAS IN THE TOWN" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Christine Fulton, being duly sworn, deposes and says: That she is the duly appointed, qualified and acting Deputy Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 17, 2011, your deponent posted a copy of the "Notice of Public Hearing on the Proposed Benefit Assessment Rolls for Fiscal Year 2012 for Special Improvement Districts and Special Improvement Areas in the Town", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. U� Christine Fulton Deputy Town Clerk Town of Wappinger Sworn to before me the 25th day of October, 2011 BARBARA A. GUTZLER NOTARY PUBLIC STATE OF NEW YORK NO. 01 G U6020894 QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES 3/8/IS SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86927 State of NEW YORK County of DUTCHESS SS: I, CYNTHIA MCDONALD, being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; that a notice, of which the annexed is a printed copy, has been duly and regularly published in Southern Dutchess News once each week for 2 consecutive weeks; and that the dates of publication were as follows: 10/19/11 and 10/26/11. Sworn to before me this 26th day of October, 2011 ANCY �E��� Notary Public, State of NEW YORK No. OIHY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 Inn) [ECISIVED OCT 2 7 2011 TOWN OF WAPPINGER TOWN CLERK you t1keepme Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 201 1 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for two weeks successively, in each week, commencing on the 19th day of Oct. in the year of201__ 1 and on the following dates thereafter, namely on.- And n: And ending on the 26th day of Oct. in the year of 2011 , both days inclusive. i Subscribed and sworn to before me this day of f3 in the year 201 I Notary My commission expires Cncrinl Moatino Minutes November 2, 2011 Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2012 RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Ismay Czarniecki Public Comments Supervisor Gutzler made a statement regarding the budget She explained that the public hearing for the Preliminary Budget is scheduled for November 9, 2011. Discussions can continue but they will not be able to make and changes until the public hearing. Motion To: open the floor for public comment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Ismay Czarniecki A. Public Comment The first resident to speak was Gary Lindstrom. He stated that even though he lives on Lake Oniad he is not sure the elimination of the total cost should be done. There is about three acres that the pavilion sits on. They may want to build bathrooms and will need water. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Ismay Czarniecki V. Discussions A. Budget VI. Resolutions RESOLUTION: 2011-348 Resolution Adopting Final Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2012 WHEREAS, the Town Assessor prepared proposed Benefit Assessment Rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for tow Fiscal Year 2012 and said proposed Benefit Assessment Rolls were filed with the Town Clerk as required by Town Law § 239; and WHEREAS, in accordance with Town Law § 239, the Town Board duly noticed and held a Public Hearing on November 2, 2011, to hear and consider any objections to the Benefit Assessment Rolls for all Special Improvement Districts and Special Improvement Areas within the Town for use in Fiscal Year 2012; and WHEREAS, all interested persons were given the opportunity at the Public Hearing to challenge or contest such benefit assessment determinations; and WHEREAS, the Town Board has reviewed the proposed benefit assessment rolls for all Special Improvement Districts and Special Improvement Areas within the Town for use in Fiscal Year 2012 and has determined that they were prepared in proper order. Town of Wappinger Page 2 Printed 11/23/2011 Special Meeting Minutes Nnvomhar 7 ')n11 LTO 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. The Town Board hereby adopts the Benefit Assessment Rolls as prepared by the Assessor subject to any corrections made by this Board, as the final benefit assessment rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for Fiscal Year 2012. 3. The Lake Oniad Lot Owner's Association's assessment shall be reduced from 2.7 units to 1 unit, per the assessor's recommendation. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-348 ❑ Adopted Yes/Aye No/Nay Abstain Absent EI Adopted as Amended Barbara Gutzler Initiator 0 ❑ ❑ 0 ❑ Defeated William Beale Voter 0 0 ❑ p ❑ Tabled Vincent Bettina Voter ! 0 ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ Dated: Wappingers Falls, New York November 02, 2011 The Resolution is hereby duly declared adopted. Special Consideration A. Supervisor Gutzler Supervisor Gutzler stated that there was a press release in regards to the Recycle Center that will be on the web site and in the papers. They are going to have the road side pickup of tree limbs that will start around November 14th. The limbs should be brought to the road side because employees are not allowed to go on residents properties. She added that the Recycle Center will also have extended hours just for brush and trees. They will be open from 7 am to 4pm Monday through Friday. A permit will not be needed for this, a driver's license will be required to prove residency. She stressed that this pick up is for storm damaged trees and it is not time for residents to clear their property of unwanted trees. She asked them to please be considerate. Councilman Bettina requested something to be sent in the mail. He then thanked Supervisor Gutzler for opening the Town Hall as a warming center. Supervisor Gutzler added that communications were down and it was nearly imposable to contact anyone and they did their best. Councilman Beale summarized the restoration of power in the town. He continued to explain the efforts that were made to contact and help people. Discussion continued. Vlll. New Business A. Councilwoman Czarniecki Councilwoman Czarniecki asked for an update on the sign that was supposed to be placed outside Town Hall. She stated that this might have been a way to communicate to the public. Councilman Beale noted that he spoke to Tom from Sign Language and he need the physical sign in his possession. He then asked for Steve Fraser to deliver the sign. Motion To: allow Mr. Kolb to address the board George Kolb, former Code Enforcement Inspector, asked to address the board on a matter that was discussed at the last board meeting. A motion was made by Councilwoman Czarniecki seconded by Councilman Beale and carried unanimously. He read his letter into the record for the board. Councilman Paoloni stated that he was asked to put something on the agenda because an employee form the Building Department said that the reports that were generated did not match the final report. Councilman Beale then asked who asked him to put it on the agenda. Councilman Paoloni replied Sal Morello. He added that the report that came out did not match the information that went into the report when the auditor was there, and that is cause enough to put it on the agenda. Supervisor Gutzler stated that she was not given any indications that there Town of Wappinger Page 3 Printed 11/23/2011 Snecial Meetinp, Minutes November 2, 2011 was major concern. She continued that the obligation was there to inform the board that there were serious concerns with the report. Councilman Paoloni stated he did not know the details of the original report. Mr. Kolb added that it was his understanding that an additional report was given to the board, corroborating the fact that his determinations and findings were correct. Councilman Paoloni stated that the important issue is safety. Supervisor Gutzler read a fax from Cheryl Fischer, Senior Code Compliance Specialist, regarding the fire walls which Mr. Smith alleged were a safety concern. The fax stated that everything was done correctly. Councilman Paoloni added that he wanted to go into executive session and the board made the appearance that he was tiring to hide something. Councilman Beale noted that there are fourteen reasons to go into executive session and the attorney stated that it was not one of them. He added that he has a problem with someone representing himself as an authority from the state stating there are safety issues and it being reported in the news paper when it appears the information is false. Discussion continued. Mr. Wenzl. Site supervisor, noted that as seen in the videos, Mr. Smith came to the board as a friend of Sal Morello. He wasn't sent by the state. Councilman Beale questioned if Sal arranged for Mr. Smith to come to the board and give them information that is false. He felt that was grounds to be investigated. Councilman Bettina questioned if Mr. Smith was ever on the site in question. Kurt Kuehner, Developer for the site, stated that someone who he believed to be Mr. Smith and another employee from the state showed up on site. They walked the site and took pictures. He stated that there were no communications stating that anything was wrong with the structures. Councilman Bettina went on to question if Sal Morello informed them of any problems, to which Mr. Kuehner stated no. Councilman Paoloni stated that this should have been place on the agenda so that Mr. Smith and Sal could come back and address this at a Town Board meeting. Councilman Beale stated that this was a political situation where an individual was brought in to find faults with a former employee's investigation. He added that he wanted to know who signed the C.O. and Mr. Morello didn't answer him. He then received a fax the next day that stated Mr. Morello signed the C.O. After further discussion Councilwoman Czamiecki stated she had difficulty with the fact that Councilman Paoloni implied that there was more information that should have been in the report than there was. Mr. Kuehner stated that there were two issues. One was dealing with Mr. Kolb's reputation and the other was that in a horrible economy this was presented in a public forum that there were issues with his site when there are no bases for the comments. He added it was irresponsible and shouldn't have been added to the agenda until further investigation, before it was publicly discussed. Additionally it had irreparable damage and shouldn't have been done. Councilman Paoloni stated that he has the right to put something on the agenda. Councilman Beale stated that the issue was with Mr. Smith. Discussion continued. Councilman Beale suggested that the Supervisor set up an appointment with Ron Piester and Steve Rocklin, from the Department of State, to get their perspective. He also would like it be known to the media if there isn't any safety hazards, so the people understand that it has been investigated and there is no hazard. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czamiecki, Paoloni Adiournment RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni i Christine Fulton Deputy Town Clerk Town of Wappinger Page 4 Printed 11/23/2011