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2013-10-21 RGMTown of Wappinger 20 Middlebush Road Special Meeting Wappingers Falls, NY 12590 townofwappinger.us Agenda — Michael J. Leonard Town Clerk Monday, October 21, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Public Hearings Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014 IV. Budget Discussions A. Parks & Recreation B. Budget Recap V. Resolutions 2013-231. Resolution Adopting Final Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014 2013-233. Resolution Approving Preliminary Budget for Fiscal Year 2014 and Directing A Public Hearing Thereon 2013-232. Resolution Setting Public Hearing on Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas For Fiscal Year 2014 and to Hear Any Objections Thereto VI. Executive Session VII. Adjournment Town of Wappinger Page I Printed 10/17/2013 Monday, October 21, 2013 7:30 PM Town Hall I. Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. III. Public Hearings Motion To: Open the Public Hearing RESULT: ADOPTED [UNANIMOUS) MOVER; Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES Gutzler, Beale, Bettina, Czarniecki, Kuzmicz` Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014 Resident Mary Schmaltz asked what the special districts were. Supervisor Gutzler said There are several districts including, water, sewer, drainage, and lighting districts. Town Clerk, Michael Leonard, read the list of special districts. Attorney to the Town, Albert Roberts, explained how the special districts were made up and how benefit units were decided upon. A resident asked about the Watch Hill District being provided water and sewer from the Town of Fishkill. Mr. Roberts then explained that the Town of Fishkill's rates increased significantly. The resident then asked why there had been changes and increases to his bill saying that he had been charged by Wappinger and was sent a letter by the Town. Mr. Roberts said he was unsure about what letter he had been talking about. Supervisor Gutzler stated she would have to see the letter before she could comment on what the letter was about. Mr. Roberts explained that if he had received a letter from the Town of Fishkill, it would apply to him because he receives water and sewer from Fishkill. He then said that if he had gotten a generic notice from the Town of Wappinger, then it probably did not apply to him. Christian Harkins, Town Assessor explained that the Town of Fishkill sends a bill to the Town of Wappinger, and then the Town of Wappinger bills those residents for their Water/Sewer. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Budget Discussions A. Assessor Mr. Harkins explained that Nature Preserve filed a challenge saying that the Home Owner Association has 53 approved units plus an HOA lot. He then explained the situation of why Nature Preserve challenged their role. Currently, Nature Preserve is being charged for Benefit Town of Wappinger Page I Printed 111612013' Barbara Gutzler Town of Wa m er g till 1V CU: Supervisor Present William H. Beale . Town of Wa mer �. p g Councilman Present Vincent Bettina I Town of W appinger . Councilman i Present i Ismay Czarniecki Town of _., _. Wappmger__._ ..Councilwoman i Present Michael Kuzmicz Town of Wam "ger „ .....,_ Councilman Present ... Graham Foster Town of Wappinger Highway Superintendent Present II. Salute to the Flag III. Public Hearings Motion To: Open the Public Hearing RESULT: ADOPTED [UNANIMOUS) MOVER; Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES Gutzler, Beale, Bettina, Czarniecki, Kuzmicz` Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014 Resident Mary Schmaltz asked what the special districts were. Supervisor Gutzler said There are several districts including, water, sewer, drainage, and lighting districts. Town Clerk, Michael Leonard, read the list of special districts. Attorney to the Town, Albert Roberts, explained how the special districts were made up and how benefit units were decided upon. A resident asked about the Watch Hill District being provided water and sewer from the Town of Fishkill. Mr. Roberts then explained that the Town of Fishkill's rates increased significantly. The resident then asked why there had been changes and increases to his bill saying that he had been charged by Wappinger and was sent a letter by the Town. Mr. Roberts said he was unsure about what letter he had been talking about. Supervisor Gutzler stated she would have to see the letter before she could comment on what the letter was about. Mr. Roberts explained that if he had received a letter from the Town of Fishkill, it would apply to him because he receives water and sewer from Fishkill. He then said that if he had gotten a generic notice from the Town of Wappinger, then it probably did not apply to him. Christian Harkins, Town Assessor explained that the Town of Fishkill sends a bill to the Town of Wappinger, and then the Town of Wappinger bills those residents for their Water/Sewer. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Budget Discussions A. Assessor Mr. Harkins explained that Nature Preserve filed a challenge saying that the Home Owner Association has 53 approved units plus an HOA lot. He then explained the situation of why Nature Preserve challenged their role. Currently, Nature Preserve is being charged for Benefit Town of Wappinger Page I Printed 111612013' Special Meeting Minutes October 21, 2013 Units that are mostly wetland. Councilman Beale motioned to amend the Roll to one benefit unit. Councilman Bettina seconded the motion. It passed unanimously. Motion To: Amend Benefit Assessment RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz B. Executive Session Motion To: Go into executive session Motion To: Come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz ___ m._._._. C. Parks & Recreation Councilman Kuzmicz motioned to transfer $2,500 for A1910.400 to A7110.108, $2500 from A1910.400 to A7110.109, $2,500 from A7110.198 to A7110.08, $2,500 from A7110.198 - A7110.109,$1,000 from A7100.199 to A7100.108, $1,000 from A7110.199 to A7110.109, $500 from A7140.404 to A7110.108, $500 from A7140.404 to A7110.109, $1,000 from A7140.406 to A7110.108, $1,000 from A7140.406 to A7110.109, $2,500 from A1620.483 to A7110.108, $2,500 from A1620.483 to A7110.109, Reduce Line A7620.100 to 16,000, Reduce B7310.100 to 16,000, reduce line A7110.100 to 11,000, move $7,000 from A9050.800 to A7620.100, move $2,000 from 139050.800 to A7620.100, move $2,000 from B9050.800 to B7310.100. Councilman Beale Seconded. The motion was carried unanimously. Motion To: Transfer of Funds RESULT: .'ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz D. Budget Recap V. Resolutions RESOLUTION: 2013-234 Resolution Amending Resolution Setting Public Hearings to Adopt Budgets for Fiscal Year 2014 WHEREAS, by Resolution No. 2013-209 adopted by the Town Board on September 23, 2013 the Town Board scheduled Public Hearings for capital projects and operating expenses of special improvement districts and special improvement areas for November 12, 2013 at 7:30 p.m.; and WHEREAS, the correct date of the Public Hearing should be November 7, 2013 at 7:30 p.m.; and Town of Wappinger Page 2 Printed 11/6/2013 ial Meetin Minutes October 71 7n1 WHEREAS, in the same Resolution the Town Board scheduled a Public Hearing on the Preliminary Budget for November 12, 2013 at 7:30 p.m.; and WHEREAS, the Public Hearing on the Preliminary Budget should have been set for November 7, 2013 at 7:30 p.m.; and 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 corrects and amends the aforementioned Resolution No. 2013-209 by setting the Public Hearing dates for the or capital projects and operating expenses of special improvement districts and special improvement areas and the Public Hearing for the Preliminary Budget the fiscal year beginning January* 1, 2014 from November 12, 2013 to November 7, 2013 at 7:30 p.m.. The foregoing was put to a vote which resulted as follows: If Vote Record�Resoiutiori RE$12011234 El Adopted _ I Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler .... VoterI 0 ❑ p ❑ ❑ DefeatedWilliam H Beale Mover I ® _. ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter . I ® ❑ � L7 ❑ 11 Withdrawn Ismay Czamiecki . (Seconder 0 p _. . ❑ ❑ Michael Kuzmicz 1 Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York October 21, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-235 Resolution Amending Resolution No 2013-219 Rescheduling the Public Hearing on Amendments to Chapter 166 of the Town of Wappinger Code Known as the "Noise Code" WHEREAS, on October 15, 2013 at 7:30 p.m. the Town Board introduced certain amendments to the Town of Wappinger Noise Code and scheduled a Public Hearing for November 26, 2013; and WHEREAS, the regular Town Board meeting is scheduled for November 25, 2013 and the Town Board hereby wishes to change the date of the Public Hearing from November 26, 2013 to November 25, 2013 at 7:30 p.m. 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 hereby amends Resolution No. 2013-219 by rescheduling the Public Hearing from November 26, 2013 to November 25, 2013 at 7:30 p.m. 3. Except as hereby amended, Resolution No. 2013-219 is hereby ratified and reconfirmed. The foregoing was put to a vote which resulted as follows: *' Vote Record - Resolutl0iiiRE5-201235 , ® Adopted hti i Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter ® ❑ ❑ i ❑ ❑ Defeated William HBeale . Voter 8 ❑ ❑ p ❑ Tabled Vincent Bettina over 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Seconder ® ❑ _. . ❑ ❑ Michael Kuzmicz ; Voter ' ® ❑ ❑ ❑ Dated: Wappingers Falls, New York October 21, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 3 Printed 11/6/2013 Special Meeting Minutes October 21, 2013 RESOLUTION: 2013-231 Resolution Adopting Final Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014 WHEREAS, the Town Assessor prepared proposed Benefit Assessment Rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for Fiscal Year 2014 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 October 21, 2013, 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 2014; 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 2014 and has determined that they were prepared in proper order. 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 2014. The foregoing was put to a vote which resulted as follows: Vote it kti' d = lWolutia i 1IM1613 431 Yes/Aye No/Nay Abstain Absent ❑Ado ted P l� Adopted as Amended Barbara Gutzler j Voter 0 - ❑ _.. ❑ -- ❑ ❑ Defeated William H. Beale j Voter0 ...._ .... ❑ ..... ❑ . ..... ❑ Tabled Vincent Bettina Voter 0 ... ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz 1 Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 21, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-232 Resolution Setting Public Hearing on Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas For Fiscal Year 2014 and to Hear Any Objections Thereto WHEREAS, the Town Board annually establishes budgets for the financing of capital improvements of all Special Improvement Districts and Special Improvement Areas within the Town of Wappinger for the ensuing year, and as part of the budget process the Town Board establishes Operation and Maintenance Charges (O&M Charges), Rates and/or Rents,. to be charged against those properties within said Special Improvement Districts or Special Improvement Areas; and WHEREAS, the Town Board has completed the proposed budgets for the financing of capital improvements and has established proposed quarterly O&M Charges, Rates and Rents to be charged against those properties within said Special Improvement Districts and Special Improvements Areas for Fiscal Year 2014; and WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a Public Hearing to be held on November 7, 2013 for the purposes of hearing and considering any objections which may be made to the aforementioned proposed budgets, and the proposed quarterly O&M Charges, Rates and Rents for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014. 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. Town of Wappinger Page 4 Printed 11/6/2013 ial Meet! Minutes October 21, 2013 2. The Town Board hereby confirms that it has completed the proposed budgets for the financing of capital improvements for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2014 and has set proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger. 3. The Town Board hereby schedules a Public Hearing to be held at a regular meeting of the Town Board on November 7, 2013 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the proposed budgets and the proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, as noted below, for Fiscal Year 2014. SPECIAL IMPROVEMENT DISTRICTS Town -wide Ambulance District United Wappinger Water District Fleetwood Water District Mid -Point Park Sewer District Wildwood Sewer District Fleetwood Sewer District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District United Wappinger Sewer Distrit Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Shamrock Hills Drainage District Tuscany Subdivision Drainage District SPECIAL IMPROVEMENT AREAS: WST/TIA - Phases 1 & 2 WST/TIA - Phase 3A ... Sewer Improvement Area #5 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Tall Trees Water Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than five (5) days prior to said public hearing date and is further directed to post the Notice of Public Hearing on the Message Board of the Town and on the Town website. The foregoing was put to a vote which resulted as follows: v" Vote Record -Resolution RES- 013-Z32 0 Adopted _. _...._ ! ._ . _.._ . '. Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara GutzlerI Voter 8 .... p ' ❑ ❑ ❑ Defeated William H Beale Mover ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina r seconder 8 ❑ f A o ❑ Withdrawn IsmayCzarnecki .i. .. i Voter j ................................ Qf. i ❑ ❑ ❑ Michael Kuzmicz Voter j a ❑ ❑ ❑ Dated: Wappingers Falls, New York October 21, 2013 The Resolution is hereby duly declared adopted. Town of-Wappinger Page 5 Printed 11/6/2013 Special Meeting Minutes October 21, 2013 RESOLUTION: 2013-233 Resolution Approving Preliminary Budget for Fiscal Year 2014 and Directing A Public Hearing Thereon WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106 of the Town Law has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Tentative Budget for calendar year 2014 has been submitted to the Town Board in accordance with Town Law § 106; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law § 109 requires the adoption of a Final Budget on or before November 20, 2013; and WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes thereto deemed reasonable and appropriate and intends to adopt the Preliminary Budget herewith. 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 106 of the Town Law, and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2014. 3. The Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection on weekdays between 8:30 a.m. and 4:00 p.m. 4. The Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 12th day of November, 2013 at 7:30 p.m. and then and there shall hold a Public Hearing upon such Preliminary Budget. 5. The Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5) days prior to the scheduled Public Hearing and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: UateI#e orilQiResolution BILS461[3 233: . Yes/Aye € No/Nay t Abstain 1 Absent 8 Adopted ❑ Adopted as Amended ....�� Barbara Gutzler Voter a ❑ € ❑ ❑ ❑Defeated William H Beale Seconder ❑ ❑ ❑ ❑Tabled Vincent Bettina !Voter 0 t ❑ ... ❑ ❑Withdrawn Ismay Czamiecki Mover 8 ❑ ❑ , ❑ Michael Kuzmicz Voter 0 i ❑ ❑ ❑ Dated: Wappingers Falls, New York October 21, 2013 The Resolution is hereby duly declared adopted. Motion To: Alllow 32 days of sick time to be transfered to an Employee Town of Wappinger Page 6 Printed r Special Meeting Minutes October 21, 2013 VI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:00M . .... ..... ......... .... .... ........... . RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER William H. Beale, Councilman AYES: autzler, Beale, Bettina, Czarniecki, micz Town Clerk Town of Wappinger Page 7 Printed 11/6/2013