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2012-11-05 SBMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Agenda — Christine Fulton 845-297-5771 Monday, November 5, 2012 7:30 PM Town Hall I. Call to Order II. Pledge of Allegiance III. Public Portion IV. Public Hearings Public Hearing on Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2013 and to Hear Any Objections Thereto Public Hearing on Preliminary Budget Local Law No. —of the Year 2012, to Override the Tax Levy Limit for Fiscal Year 2013 Established in General Municipal Law § 3-C" Public Hearing in the Matter of Increase and Improvement of Facilities of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County New York V. Resolutions 2012-296. Resolution Adopting O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2013 2012-297. Resolution Adopting "Local Law No. —of the Year 2012, to Override the Tax Levy Limit for Fiscal Year 2013 Established in General Municipal Law § 3-C" 2012-298. Resolution Adopting Annual Budget for Fiscal Year 2013 VI. Adjournment Town of Wappinger Page I Printed 111212012 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Minutes ^ Christine Fulton 845-297-5771 Monday, November 5, 2012 7:30 PM Town Hall I. Call to Order Barbara Gutzler William Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Title Supervisor Present Councilman Absent Councilman Present Councilwoman Present Councilman Present Supervisor Gutzler stated that Councilman Beale was not in attendance due to the fact that he was delivering supplies to the hurricane victims and could not make it back in time. Pledge of Allegiance III. Public Portion Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] , MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale IV. Public Hearings Town Clerk, Christine Fulton, offered for the record the Affidavits of Posting and Publication for the Public Hearings, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing) Town of Wappinger Page I Printed 11/9/2012 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING ON "THE BUDGETS, 0&M CHARGES, WATER/SEWER RATES AND RENTS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR FISCAL YEAR 2013' STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Christine Fulton, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 26, 2012, your deponent posted a copy of the Notice of Public Hearing on the "Budgets, O&M Charges, Water/Sewer Rates And Rents For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2013', 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 Town Clerk Town of Wappinger Sworn t9oblore me a 2§gd day of October, 2012 NOTARY PU IC MARK LIEBERMANN Notary Public - State of New York No. 01 L16199007 Qualified in Dutchess County My Commission Expires October 12, 2013 SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET 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 #87815 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: 10/24/12 and 10/31/12. Sworn to befo a me this 31st day of October, 2012 NANCY YD U E Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 ESV ED OCT 31 20 I2 TO\NN O� WNpPINGER TOWN CLERK - TOWN OF WAPP LAGER NOT!0310F PUBLIC HENRING TO 'HEARANY OBJECTIONS TO THEPROPOSED BUDGETS, O&M CHARGES, WATERISEWER RATES AND RENTS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR FISCAL YEAR 2013 NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, has completed the proposed budgets for the Special Improve ment Districts and Special Improvement Areas in the Town of Wappinger. In accor- dance with the prelim- inary budgets, the Town has established proposed j ,, , ,.capital budgets,gNarterlyop- eration. and mainte- nance charges, rates and/or rents to be levied and charged against those proper- ties within the Special Improvement Dis- tricts and Special Im- provement Areas in the ToWn, of Wap- pinger in order to fi- nance their capital needs, operations and maintenance dur- ing calendar, year 2013. ; PLEASE TAKE FUR- TMER NQTICE :that the, Town ;Board will conduct a '-.Public Hearing at7own Hall, 20 Middlebush Road, Wappinge s Falls, New York, starting at 7:30 p.m. on Monday, November 5, 2012 to whichmay�erna6 fi the propo ed capital budgets %nd , pro- posed yua4 , y opera. ation and=niainte- nance,charges, rates and/orrentsforthefol- lowing Special Im- provemeht Districts and Special Improve - SPECIAL IMPROVEMENT DISTRICTS Town -wide Ambu lance District United Wappinge Water District Fleetwood Water Dis trict Mid -Point Park Sewe District Wildwood Sewer Dis trict FleetwoodSewerDis trict Cameli Lighting Dis trict Chelsea Lighting Dis trict HughsonvilleLightinc District United Wappingei Sewer District Keenan Acre: Drainage District Blackwatch Farms Drainage District M e a d o w o 6 c Drainage District Shamrock Hills Drainage District Tuscany' Subdivision Drainage District SPECIAL IMPROVE- MENTAREAS: WST/TIA - Transmis- sion Pipe Only Sewer Improvement Area #5 Wappinger Sewer Im- provementArea No.1 Watch Hill Sewer Im- provementArea Tall Trees Water Im- provementArea Watch Hill Water Im- provementArea PLEASE TAKE FUR- THER, NOTICE that copies of the pro- posed benefitassess- ment rolls have been filed in the office of the Town Clerk, at Town Hall, `20 Middlebush Road, Wappingers Falls, New York and are available for in- spection during regu- lar business hours on Monday through Fri- day from 8:30 A.M.'to 4:00 P.M.. Dated: October 22, 2012 BYORDEROFTHE TOWN BOARD OF THE TOWN OF WAPPINGER .CHRISTINE FULTON, TOWN CLERK �ough�ee�,sie 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 2012 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 __2_41h day of Oct. in the year of 2012 and VLL LLLV 1V11VY lllr., 1141VJ 111V1 VCL1lVl, 11G111V 1-Y Vll.-- PH" E(1�10NEM NOV';0 5 202 TOWN OFWAPPINGER TOWN CLERK And ending on the ,,day of Oct. in the year of 2012 , both days inclusive. Subscribed Eqd sworn to before me this day the of2012 Not Pu is My commission expires ROSE ANN SIMPSON Notary Public, State of New York No. 01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING ON "PRELIMINARY BUDGET OF SAID TOWN FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013." STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Christine Fulton, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 26, 2012, your deponent posted a copy of the Notice of Public Hearing on the "Preliminary; Budget of said Town for the fiscal year beginning January 1, 2013, 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. FA Christine Fulton Town Clerk Town of Wappinger S n efore a 26nd day of October, 2012 NOTARY PUBLIC MARK LIEBERMANN Notary Public - State of New York No. o1 U6199007 Qualified in Dutchess County My Commission Expires October 12, 2013 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 0 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #87827 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; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 10/31/12. Sworn to be*eme this 31st day of October, 2012 ANCY HYD E Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 n-ECEV D OCT 31 ZZI TOWN OF WAPPINGER 4 TOWN CLERK _ 'Pough�eepsie 07MI14l Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION RECEIVED NOV 0 5 2012 TOWN OF WgppINGER TOWN -'CLERK 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 2012 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 31st. day of Oct. in the year of 2012 and on the following dates thereafter, namely on: And ending on the day of in the year of 2012 , both days inclusive. Subscribed rd sworn to before me this day in the yew f 2012 Notary commission 2b ROSE ANN SIMPSON Notary Public, State of New York No. 01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW NO. _ OF THE YEAR 2012, TO OVERRIDE THE TAX LEVY LIMIT FOR FISCAL YEAR 2013 ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-C." STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Christine Fulton, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 26, 2012, your ,deponent posted a copy of the Notice of Public Hearing on the "Local Law No. _ of the Year 2012, to Override the Tax Levy Limit for Fiscal Year 2013 Established in General Municipal Law § 3-c.", 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 Town Clerk Town of Wappinger before m the 26nd day of October, 2012 NOTARY PUBLIC MARK LIEBERMANN Notary Public - State of New York No. 01 LI6199007 Qualified in Dutchess County My Commission Expires October 12, 2013 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 rrrr Re: Legal notice #87839 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sw4 and say: that I am the Publisher's Representative of Southern Dutcher weekly newspaper of general circuI published in WAPPINGERS FALLS, COU DUTCHESS, State of NEW YORK; and t notice, of which the annexed is a copy, was duly published in Southe News once on 10/31/12. Sworn to beffe me this 31st day of Octoi 7 NANCI HYD KE Notary Public, State o: No. 01HY6221990 Qualified in DUTCHES My commission expires on J ��,C�COdCD OCT 31 20 12 TOWN OF WAPPINGER TOWN_ CLERK Poughkeepsie 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 2012 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 31st. day of Oct. in the year of 2012 and on the following dates thereafter, namely on: And ending on the day of in the year of 2012 , both days inclusive. Subscribed ano sworn to before me this day of pi the yy4 of 2012 ' — Notary Kbtic My commission expires [17 Z!/V ROSE ANN SIMPSON Notary Public, State of New York. No.01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DEPOSE AND SAY: That on the 26 day of October, 2012, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public Hearing which was a part of an Order adopted by the Town Board of said Town on October 22, 2012. A true and correct copy of such Notice of Hearing is attached hereto. Sworn to before me this a day of October, 2012. - L Notary Public MARK LIEBERMANN Notary Public - State of New York No. 01 L161 NW7 Qualified in Dutchess County My commission Expires October 12, 2018 Town Clerk 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 #87840 State of NEW YORK SS: County of DUTCHESS I 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; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 10/31/12. 4 Sworn to befo me this 31st day of October, 2012 /-NANCY/1HYDqXE Notary Public, State of NEW YORK No. OIHY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 no OCT 31 ZU;2 W �,pp1.NO�R -TOWN �F GSC '�ough�eeaasie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, on November 5, 2012, at 7:40 o'clock P.M., Prevailing Time, for the purpose of con- ducting a public hearing upon a certain map, plan and report, includ- ing an estimate of cost, in relation to the in- crease and im- provement of the facili- ties of the United Wap- pinger Sewer District, in the Town of Wappinger, Dutchess County, New York, being to pay the District's share of the cost of improvements to the Wappingers Creek Pump Station lo- cated at the corner of Market Street and Frankiindale Avenue in the Village of Wapping- ers Falls, a facility of Tri -Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatusappurte- nances, ana incidental improvements and ex- penses in connection therewith, at a maxi- mum estimated cost of $385,000; Said capItal. project has been determined to be a Type II Action pursu- ant to the regulations of the New or State De- partment of Environ- mental Conservation promulgated ppursuant to the State Environ- mental Qualityy Review Act (" SEQRA" ), the im- plementation of which as proposed, it has been determined will not result in any signifi- cant environmental ef- fects. maSEQRA compli- ance terials are on file in the Office of the Town Clerk where they may be inspected dur- ing regular office hours At said public hear'm said Town Board will hear all persons inter. ested in the subject matter thereof. Dated:W a p p I n g e r s Falls, New York, October 26,2012- BY 6,2012.BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHFSS COUNTY, NEW YORK Town Clerk 0037 6M 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 2012 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for nnP i nseri—i np successively, in each week, commencing on the day of Oct. in the year of 2012 and on the following atunhered ter nag IC) I TOWN u - WAPPINur-m I And ending on the day of 1n they r of 2012 , both days inclusive. r' Subs ribed and sworn to before me this day of in the ye o 2012_. otary Publ' My commission expires t p ROSE ANN SIMPSON Notary Public, State of New York No. O f S 16215893 Qualified in Dutchess County Commission Expires January h, 2014 Special Meeting Minutes November 5, 2012 Motion To: open the public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czamiecki, Michael Kuzmicz ABSENT: William Beale Public Hearing on Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2013 and to Hear Any Objections Thereto RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Ismay Czarniecki SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Motion To: open the next public hearing on the Preliminary Budget RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Public Hearing on Preliminary Budget RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Motion To: open the public hearing on the purposed Local Law RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale "Local Law No. _ of the Year 2012, to Override the Tax Levy Limit for Fiscal Year 2013 Established in General Municipal Law § 3-C" RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Town of Wappinger Page 2 Printed 11/9/2012 Special Meeting Minutes November 5, 2012 V. Motion To: open the public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Order Calling Public Hearing in the Matter of Increase and Improvement of Facilities of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County New York RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Resolutions RESOLUTION: 2012-296 Resolution Adopting O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2013 WHEREAS, on November 5, 2012, 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 O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2013; and WHEREAS, in accordance with Resolution No. 2012-287 a Public Hearing was held on November 5, 2012 at 7:30 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for the fiscal year 2013; 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 Sections 198 and 202 of the Town Law and other applicable provisions of law, the annexed detailed statement of O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger is hereby approved and adopted as the O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1, 2013. 3. The Town Clerk is hereby directed to enter the O&M Charges adopted herein in the minutes of the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-296 - IBJ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William Beale Voter ❑ ❑ ❑ El ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Mover a ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ Dated: Wappingers Falls, New York November 05, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 3 Printed 11/912012 Special Meeting Minutes RESOLUTION: 2012-297 November 5, 2012 Resolution Adopting "Local Law No. of the Year 2012, to Override the Tax Levy Limit for Fiscal Year 2013 Established in General Municipal Law § 3-C" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed local law entitled "Local Law No. of the Year 2012, to Override the Tax Levy Limit for Fiscal Year 2013 Established in General Municipal Law § 3-c"; and WHEREAS, the Public Hearing was duly advertised in the official newspapers of the Town; and WHEREAS, the Public Hearing was held on November 5, 2012, 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 Town Board determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board, 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, 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 of the Town of Wappinger hereby adopts Local Law No. of the Year 2012 in the form annexed hereto. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to 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: ✓ Vote Record - Resolution RES -2012-297 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter . 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter ❑ ❑ ❑ 0 0 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Mover 0 ❑ ❑ ❑ Next: Nov 13, 2012 7:30 PM Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 05, 2012 The Resolution is hereby duly declared tabled. RESOLUTION: 2012-298 Resolution Adopting Annual Budget for Fiscal Year 2013 WHEREAS, on November 1, 2012, 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. 2012-295 and WHEREAS, in accordance with Resolution No. 2012-288 a Public Hearing on the Preliminary Budget was held on November 5, 2012 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 2013; 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, 2013. 3. The Town Clerk is hereby directed to enter the Annual Budget adopted herein in Town of Wappinger Page 4 Printed 11/9/2012 1� Special Meeting Minutes November 5, 2012 VI. VII. the minutes of the Town Board. 4. 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 -2012-298 ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman ❑ Adopted ABSENT: William Beale Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter ❑ ❑ ❑ 0 0 Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn ismay Czamiecki Mover 0 ❑ ❑ ❑ Next: Nov 13, 2012 7:30 PM Michael Kuzmicz Seconder 0 ❑ ❑ 111 ❑ Dated: Wappingers Falls, New York November 05, 2012 The Resolution is hereby duly declared tabled. Supervisor Gutzler Motion To: authorize the Town of Wappinger to put up for auction the Supervisor Car as well as the sheriff vehicle that are ready for auction. Supervisor Gutzler stated that she needed to reaffirm the intent of the Town Board in regard to the auction of town vehicles. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Motion To: Transfer Funds of $1000.00 from 8010.402B to 8015.0199 B to cover Barbara Roberti's comp. time and a transfer of $700.00 from 8020.0404B to 8020.0199B to cover the Planning Board Secretary comp time. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale Councilman Bettina Councilman Bettina stated that he wanted to thank Graham Foster, the Supervisor, Bob Gray, Chief VanTassel of the Chelsea Fire Company, and Deputy Steve Van Buren, of Dutchess County Emergency Services. He added that he felt the Town Board worked well together. He also thanked the Chief of Hughsonville and Mark Lieberman. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, Vincent Bettina, Ismay Czamiecki, Michael Kuzmicz ABSENT: William Beale The meeting adjourned at 7:44PM L Christine u ton Town Clerk Town of Wappinger Page 5 Printed 11/9/2012