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1992-11-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER NOVEMBER 23, 1992 ------------------------ 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept minutes 4. REPORTS OF OFFICERS Bldg. Insp. PLEDGE ALLEGIANCE TO FLAG Reg. Oct. 26, 1992 Spec. Nov. 5, 1992 Town Justices Sup/Compt. Rec. of Taxes Zng. Adm. Dog Control officer 5. PETITIONS & COMMUNICATION a. G. Foster, H. Supt., accident report for Pick-up truck 10/9/92 & request to seek bids for new pick-up to replace Pick-up #7 b. Requests for return of escrow funds from: (1) R. Barger, Lot #6, Ketchamtown Rd. $4,800.00 (2) J. Vernali, 46 Mina Dr. (Wilro Const. Lot #28 Pondview) $500.00 (3) Hau Tran, 43 Woodland Ct., (Castle Craft Homes, Lot #7) $2000.00, c. Notice of Public Hearing from Town of Pk on Zoning Ord. Amendment d. Town of Fishkill Ping. Bd, notice as Lead Agency for Baxtertown Heights Subdivision e. Jos. Marcogliese, P.E., NYSDEC, re; Correspondence to Tri -Municipal Comm. on DEC position on Odors at existing plant f. Frank Borquist, Sect'y, New Hackensack Fire Dist., requests permissi to use 1 voting machine for Dec. 8. Fire Dist. Vote g. Resignation of Susan Hodge from CAC, w/ recommendation from Chairman h. Corr: Request for cleaning easement on Regency Drive 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT H. Levenson report Highland Glenn - accept Maintenance Bond 8. RESOLUTIONS a. Consider the awarding of Bid for Rockingham Farms Drainage Improvemen project. b. R. Holt, Rec. Chairman, request for three transfers c. Consider awarding bid for maintenance Contract for Town Hall bldg. d. Introduce Local Laws for 0 & M rates for: Wildwood Sewer; Ardmore Water; Mid Point Park Sewer and Wappinger Sewer Imp. Area #1 and set Public Hearings 9.. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT ;ZqO RM112392 The Regular Meeting of the Town Board of the Town of Wappinger was held on November 23, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. tir.. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert. Valdati, Councilman .June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Wallace, Councilman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent Herbert Levenson, Zoning Administrator The Supervison asked all to join in the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of October 26, 1992 and the Special Meeting of November 5, 1992, having previously been forwarded to the Town Board, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Mills Motion Unanimously Carried Reports for the month of October were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Zoning Administrator and Highway Superintendent. MR. VALDATI moved to accept the above stated Reports and place them on file. Seconded by Mr. Mills Motion Unanimously Carried RMI 12392 PETITIONS & COMMUNICATIONS --- An accident reportwas received from the Highway Superintendent which involved Pick-up truck #7 on October 9, 1992. He was also seeking permission to go to bid for a new pickup truck to replace the #7 truck. The insurance company informed the Supervisor that they were going to total the truck and the figure was $5,683.10 plus $500 which was withheld as a deductible per collision coverage, plus equipment budget balance of $6,300, totaling $12,483.10 for the new truck. The question of specs for the truck came up, however, Mr. Foster noted that they never had specs before. Mrs. Smith responded that the Board had requested specs for her car also, but she didn't think they were required --it was up to the Board. MR. MILLS moved to allow the Highway Superintendent: to go to bid on a one half ton four wheel drive Pickup Truck. Seconded by Mr. Valdati Motion Unanimously Carried Requests for return of escrows from Richard Barger, Lot #6, Ketchamtown Road, $4,800.00; Joseph Vernali, 46 Mina Drive, Wilro Construction, Lot #28 Pondview, $500.00; Hau Tran, 43 Woodland Court, Castle Craft. Homes, Lot #7, $2,000.00 and David and Donna Eisenmann, Lot #14, Woodland Court, $2,000.00. MRS. VISCONTI moved to approve the requests for return of escrows, so stated, based on the recommendations of the Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried ..r Notice was received from the Town of Poughkeepsie regarding a Public Hearing on December 9, 1992, on an amendment, to the Zoning Ordinance and Code of Ordinances of said Tot<n. a.,12 R_M1.1'2392 MRS. VISCONTI moved to accept the correspondence and place it on file. t Seconded by Mr. Mills ire Motion unanimously Carried Notice was received from the Town of Fishkill Planning Board of their designation as Lead Agency for Baxt.ertown Heights Subdivision. MRS. VISCONTI moved to accept the notification and place it on file. Seconded by Mr. Mills Motion Unanimously Carried MR,. MILLS moved to include the following letter from Joseph Marcogliese, P.E. Environmental Engineer with the New York State Department of Environmental Conservation, regarding odor problems at the Tri -Municipal Wastewater Plant, in the Minutes of this Meeting. Seconded by Mrs. Visconti Motion Unanimously Carried November 9, 1992 Ms. Carol Garrity, Chairman Tri -Municipal Sewer Commission P.O. Box 859 Wappingers Falls, New York 12590 Dear Ms. Garrity: I am in receipt of a copy of your letter of October 23, 1992 to Supervisor Smith. While ,you are entitled to your opinion let me reiterate the position of this Department. Odors at the existing Tri -Municipal Wastewater are a matter that must be addressed regardless of plant expansion. If an expansion does not take place we are prepared to take action against the Commission to solve the odor problems. Based upon the Commission's attitude, it is obvious that our Ji1_lingness to include this work as part of the expansion (and save taxpayer money) was a mistake. s/ Joseph F. I` larcogliese,P.E. Bn`ironmental_ Engineer III RM112392- Atelephone request was received from Frank Borquist, Secretary to the New Hackensack Fire District, for permission to use one voting machine for their December 8th vote. MR. MILLS moved to grant permission to the New Hackensack Fire District to use a Town Voting Machine for their December 8th election, as requested, and also grant permission to the Chelsea Fire District, in the event they contact us with their request for the use of a machine. Seconded by Mr. Valdati Motion Unanimously Carried A resignation was received from Susan Hodge as a member of the Conservation advisory Council. The Chairman of the CAC has recommended that Donald Stein be appointed in her place. NIRS. VISCONTI moved to accept Mrs. Hodge's resignation and send her a letter of thanks for her services to the Town as a member of the Conservation Advisory Council. Seconded by Mr. Valdati `lotion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Donald Stein be and he is hereby- appointed to the Town of Wappinger Conservation Advisory Council to fill the vacancy created by the resignation of Susan Hodge, and BE IT FURTHER RESOLVED, that the term of said Donald Stein as a member of the Town of Wappinger Conservation Advisory Council shall expire in June of 1994. Seconded by: Councilman Valdati Roll Call Vote: 4 Ayres 0 Nays A Correspondence was received from Nancy DeForrest regarding cleaning the creek easement on Regency Drive. Mrs. Smith referred this matter to the work shop in December. RMI 12392 COMMITTEE REPORTS --- Mr. Mills had no reports for this Meeting. Mr. Valdati, Recycling --leaves drop off now going on, also plentiful supply of compost available for residents, also wood chips. Mrs. Smith thanked Mr. Mills for his service atthe refuse center as a traffic cop, also Mr. Valdati for his service at the site. Mrs. Visconti had no reports for this Meeting. Mr. Mills had an item to mention and decided it could be included in this category --went on a tour with the Recreation Commission last week and commended them for an excellent job. A super .job in all the Town parks, were educated by the Chairman regarding the number of acres mowed by the maintenance personnel in that department, and other interesting details of the work they do. Mrs. Smith had the following report on Tri -Municipal: Quartararo & Quartararo paid $ 237.50 Sedor, O'Sullivan, Letterio 1,264.28 Matthew Rudikoff Assoc. 666.65 Hayward & Pakan (R.Lapar) 70,654.86 U.S. Hydrologic 1,687.57 223.06 A meeting will be set up to discuss the odor problem; it is her opinion that. the Town has not caused the odor so why should they be paying toward the correction of it. There is an amount of $37,857.00 due to be paid but why should we be paying this, she repeated since it does riot exist on our part. There is also a study involved at a cost of $24,799.88 which the Town Board has not seen. Other expenses for this odor problem -- bum Quartararo & Quartararo $ 1,507.69 R. Lapar 6,975.93 Sedor, O'Sullivan Letterio 190.00 M. Rudikoff 1,384.17 Total 37,857.00 RM 112392 It was the Supervisor's opinion and she was sure the rest of the Board agreed that there was no problem paying our share and if a study on odor is being done that will benefit us, no problem. However, if we have not caused any odor, why are we paying for the Commission to have a meeting amongst themselves to answer D.E.C. She will forward dates to the Commission in early December when the Town Board members will be available to meet with them. Mrs. Smith also reported that the anticipated revenue for the Justice Court that they expected to come in for this year was under the amount, however, there are other areas that. are over so it should balance out. BONDS & LETTERS OF CREDIT --- Mr. Levenson informed the Board that Mr. Lawrence called to inform him that the Letter of Credit will be delivered by the 30th of November. MRS. VISCONTI moved to accept the Report from Mr. Levenson and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The acceptance of the Maintenance Bond for Highland Glenn was the next item for the Board's consideration. MRS. VISCONTI moved to accept the maintenance bond from Highland Glenn, upon the recommendation of the Attorney to the Town for Pondfield Subdivision, Section II, to include Mina Drive (500'ft) and Norman Court. Seconded by Mr. Mills y Motion Unanimously Carried Due to an emergency situation of a resident needing to obtain a building permit for his home in Sherwood Heights, Section II, RM112392 Sewer Rates for the Mid -Point Park Sewer Improvement Area, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, Yur NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local_ Law by the Town Board of the Town of Wappinger on the 28th day of December, 1992 at 6:50 P.M. on such day at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing seder rates for the Mid -Point Park Sewer Improvement Area with respect to residential uses is hereby repealed only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Mid -Point Park Sewer Improvement Area: A. Residential 1. Each residential unit connected to the system: $480.00 annually and payable on a quarterly basis. SECTION 3. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 23rd day of November, 1992, a proposed Local haw Amending Local Law No. 5 of 1976, #14 of 1984, #10 of 1985, #10 of 1988, #1 of 1991 and #2 of 1992 on establishing Sewer Rates in the Wappinger Sewer Improvement Area #1. Ihn WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1P RM112392 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 28th day of December, 1992 at 6:52 P.M. on such day at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. UNA 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent A Local Lac.* Amending Local Law #5 of 1976, #14 of 1984, #10 of 1985, #10 of 1988, #1 of 1991 and #2 of 1992 on Establishing Sewer Rates in the Wappinger Sewer Improvement Area #1. BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Section 2 of Local Law #2 of 1992 is hereby amended to read as follows: i SECTION 2. The following Sewer Rates are hereby established for the Wappinger Sewer Improvement Area #1: A. Residential 1. Each residential unit connected to the System: $300.00 annually- and payable on a quarterly basis. SECTION 3. This Local Lac,- shall take effect upon adoption and filing as provided by Municipal Home Rule Lace. The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 23rd day of November, 1992, a proposed Local Law Amending Local Law No. 13 of 1981 and Local Lace No. 7 of 1988 establishing Sewer Rates in the Wildwood Sewer District. WHEREAS, the provisions of the Municipal. Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, Mai NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 28th day- of December, 1992 at 6:54 P.M. on such day A4 RMI 1,2392 the matter of accepting the performance bond was placed before the Board for their consideration. The Attorney advised the Board that the necessary documents were WM received by him and found to be in proper form. MR.. MILLS moved to accept the Performance Bond and the amount of security for the completion of Sherwood Heights, Section II based on the recommendation of the Attorney to the Town. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS --- Seven bids were received and opened on October 28, 1992 on the Rockingham Farms Drainage Improvement. Project. The low bidder was Ben Ciccone, Inc. in the amount of $74,487.00 and it was the recommendation of the Engineer to accept this bid. MR. MILLS moved to award the bid on the Rockingham Farms ban Drainage. Improvement Project to Ben Ciccone, Inc, total amount of $74,487.00, based on the recommendation of the Engineer to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried Three requests were received from the Recreation Commission -- permission to go to bid for the purchase of a new pickup truck and mower to be purchased with monies from the Parkland Trust Fund; the second was a transfer for a picnic table at Castle Point which will eventually be paid for from a grant of $500 from Greenway Heritage Conservancy for Hudson River Valley. In the interim they requested permission to transfer $235.00 rrr from B-7310.4 Contractual to B-7310.2 Equipment for the purchase of the table. The third was the transfer of funds in the amount of $224.00 from A-7140.4 Program Contractual Expenses to A-7020.1, Recreation Administration, to cover the stipend for INA RMI 12392 the R.ec Mition Commission Members for the period July- to December. MRS. VISCONTI moved to grant permission to the Recreation Commission to go to bid for the purchase of a new pickup truck and mower; approve transfer of $235.00 from B-7310.4 Contractual to B-7310.2 Equipmentfor picnic table at Castle Point; approve transfer of $224.00 from A-7140.4, Program Contractual Expenses to A-7020.1, Recreation Administration to cover stipend for Recreation Commission Members for July to December. Seconded by Mr. Mills Motion Unanimously Carried Three bids were received for maintenance contract (HV/AC) for the Town Hall -- Shaker, Travis and Quinn, Inc., Mechanical Construction and D. Silvestri Sons, Inc. The Town Board discussed these proposals at their work shop with the Town Hall Custodian and he recommended that the Town contract with D. Silvestri Sons, Inc. MRS. VISCONTI moved to award the maintenance contract (HV/AC)) for the Town Hall to D. Silvestri Sons, Inc., at the recommendation of the Custodian, and authorize the Supervisor to sign the contract. Seconded by Mr. Mills 'Motion Unanimously Carried The next item was the introduction of Local Laws Amending rates for various Water and Sewer Districts. The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 23rd day of November, 1992, a proposed Local Law Amending Local Law No. 15 of 1984, and Local Law No. 8 of 1988 With Respect to the Establishment of RM112392 at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by ,,. said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Wildwood Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Wildwood Sewer District: A. Residential 1. EACH RESIDENTIAL UNIT CONNECTED TO THE SYSTEM: $340.00 ANNUALLY AND PAYABLE ON A QUARTERLY BASIS. SECTION 3. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced. at a meeting of this Town Board on the 23rd day of November, 1992, a proposed Local Law Amending Local Law No. 3 of 1987 and Local Law No. 7 of 1985 establishing Water Rates in the Ardmore Water Improvement Area. WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 28th day of December, 1992 at 6:56 P.M. on such day at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. 2. That at. least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Tovn Clerk in the Town Hall and by publishing such notice a RM112392 at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing water rates for the Ardmore Water District with respect to residential uses is hereby repealed, only with respect to crater rates and the prior laws otherwise confirmed. SECTION 2. The following water rates are hereby established for the Ardmore Water Improvement Area. A. Residential 1. Each residential unit connected to the system be obligated to pay the minimum charge of $24.00 each quarter, regardless of consumption of water for said quarter. In addition to the foregoing, there shall be the following charges: If the residential uses more than 2,500 cubic feet per quarter, the residential unit,will be charged at to rate of $.75 per 100 cubic feet. SECTION 3. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, there has been dull- presented and introduced at a meeting of this Town Board on the 23rd day of November, 1992, a proposed Local Law Amending Local Law No. 1 of 1990 with respect to establishing Water Rates in the Wappinger Park Water District. WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 28th day of December, 1992 at 6:58 P.M. on such day at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutehess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice RM112392 at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent Now BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing water rates for the Wappinger Park Water District with respect to residential uses is hereby repealed, only with respect to water rates, and the prior laws otherwise confirmed. SECTION 2. The following water rates are hereby established for the Wappinger Park Water District. B. Residential 1. The owner shall be obligated to pay the minimum charge of $85.00 per each quarter, regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. SECTION 3. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. tow Mrs. Smith announced that the work shop for December will be the 21st. of December, 1992, and the Year End Meeting will be combined with the Regular Meeting of December 28, 1992. UNFINISHED BUSI\ESS Mr. Foster reported that he and Mr. Mills stent to see dome salt bins and he would like to have the entire Town Board go on a tour with him whenever it is convenient to see them before the next work shop. Mr. Mills added that it was well worth the time to see them; there are varied opinions of the different Highway Superintendents as to dome or rectangular, so they should study them and then the advantages or disadvantages of these types can be discussed. hum Mr. Foster apologized to Mrs. Visconti since she had previously said she canted to go along with them to see the salt bins and neither she nor the other Board Members, other than Mr. Mills, were included in this tour. RM112392 Mrs. Smith intended to schedule a date when they could all take the tour to see these salt bins and would inform the Board when they scheduled a date mutually convenient to all. In the matter of the Dennis Truett drainage problem, (Alpert wrr Drive) Mrs. Smith reported that there is money in that account and she would like to have the Engineer do a study on this matter. MRS. SMITH moved to authorize the Engineer to the Town to do a feasibility and cost report on lowering the road to correct, the problem. Seconded by Mrs. Visconti Motion Unanimously- Carried A brief discussion followed on the pros and cons of such a a project and Mrs. Visconti voiced her opinion that the Town should do what they can to resolve the problem, so they will follow through on the report from the Engineer and discuss it further when received. Mrs. Smith referred to a letter received from Alpine Develop- ment regarding a request from the Engineer to up size the piping of their sanitary system to accommodate future Town access through their site to the Wappinger Sewer Transmission Line. The cost to the Town will be $3,100, and she said it would save the Town about $150,000.00, so it is well worth putting this money into a larger size pipe while they are doing their job. MRS. VISCO?vTI moved to authorize the e-:penditure of $3,100. to Alpine Development for the cost, of increasing the size of the WJ pipe. Seconded by Mr. Valdati Motion Unanimously- Carried R^I112392 There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Valdati and unanimously carried. ON The Meeting adjourned at 8:20 P.M. Elaine H. Snowden Town Cleric N 10