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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. Town of Wappinger Page 2 Printed 1111912015 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