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1985-11-18 RGM ,r q I I I I I I. 1/ I I I I I i I I I i II l. II ! I I I I I il I! it I .j II I, 'I II I' ,I Ii il 'I I, " Ii !I II I' il II " il Ii p ,I :l " ii !j 'I I' II JI " :i 11 <I :1 11 \. II I. I " i/ II II ii I II I, I: 10. . , . ~.~:tf AGENDA TO'lN BOARD TOWN OF WAPPIN~ER BIMONTHLY MEETING NOVEMBER 18, 1985 ----------------------~ 1. SUPERVISOR ~~LL MEETING TO ORDER 2. ROLL CALL PLEIX;E ALLEGANCE TO FLAG 3. ACCEPT MINUTES November 4, 1985 Reg. 4. REPORTS OF OFFICERS: Hydrant Report Receiver of Taxes Bldg. Insp. 5. PETITIONS 0; COMHUNICATIONS ,"'",. a. Horris & Andros - Report for the identificationr't1~. Resolution of abnormally high copper concentration in Sudge - Fleetwood & Rockingham Sewage treatment plant$ b. Bud Carquist, Director Real Property Tax Service re: direction TIBd requests for charge <pn entries of unpaid 0 & M sewer' Water on relevy on tax bill$. c. Jennifer VSll TLlyl, Attny. for I'lacCJt?orge, requests return of letter of credit d. Expiration of Term of Don Close as member of Board of Assessment review. e. R. Keith Harvey, Sup. 'frans. WCS Dist. reo Stop Lines at Old Rte 9/Midd1ebush Traffic Light f. Sofia Kalyv.3.s requests waiver of Penalty charge on W/S bill CO~lITTEE REPORTS I I I Consider adoption of 1986 Budget I Zng. Ord. Amendmellt - serv.ice of Appearance 'l'i.ckets by Bldg. Insb. Introduce Local Laws for 0 & ~I char-ges for Water & Sewer Dists'l Fieldstone Farms - Acceptance of Roarls Res. to return the 5% retaindge to Wilson Excavators - Contract ~l Ext.#4 I Consider increase of hc.1~' rate f01: Election Inspectors - 1986 i I I I I . I ! 6. 7. RESOLUT IONS a. b. c. d. e. t: J.. . 8. UNFINISHED BUSINESS a. J.F. Marcogliese, P.E. NYSDEC, re: request Town provide formal schedLlle for long-b~l'm !;p,>.as for. Oakv;ood Knol J.:3 Sewer TP 9. NQ';!.'l BOSINESS AD.JOU[:NNEN'I' ---_.~-- .3~1f The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on November 18th, 1985 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:01 P.M. Present: l ~ Frank Versace, Supervisor Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent Mr. Versace invited all to join in the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of November 4th, 1985, having previously been forwarded to all Board Members, were placed before them for their consideration. l MRS. PAINO moved that the Minutes of November 4th, 1985, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports received for the month of October were the Hydrant Report, Building Inspector and Receiver of Taxes. MRS. PAINO moved to accept the above stated reports and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried Petitions & Cornrnunications--- '-' A report was received from the engineering firm of Morris & Andros relating to the Identification and Resolution of Abnormally High l. Copper Concentrations in Sludge Generated by the Fleetwood and Rockingham Sewage Treatment Plants. Mr. Incoronato noted that several months ago the Department of Health refused to allow the Town to deposit sludge because of high concentration of copper in the Fleetwood and Rockingham Farms Sewer Treatment Plants. As a result, there has been serious mal- functioning and odors generated in these areas due to the holdup. After this situation continued for two to three months, it was ;3~~ ascertained that there was a place that allowed copper ladened sludge to be land deposited, however the rate went up about $15 per thousand gallons. As a result of this situation a study was made by Morris & Andros and it was determined that the problem could be alleviated with the addition of sodium hexametaphosphate which coats the copper pipes and helps eliminate the copper deposits in the sewer systems. By allowing this procedure to be implemented, the Town will avoid the additional cost of - sludge removal and will safeguard the residents. ~ MR. INCORONATO moved to give conditional approval to Morris & Andros to install the sodium hexametaphosphate applicator to the plants, subject to final approval by the New York State Department of Health, as outlined in letter dated October 29, 1985 from Morris & Andros. Seconded by Mr. Versace Motion Unanimously Carried During the discussion that ensued prior to the vote on this motion, Alberta Roe, a resident of the Rockingham Farms Sewer District, was recognized by the Chair, and stated that she was _....................: ~, ~ under the impression that Morris & Andros had already received approval from the Department of Health. Mr. Evangelista explained that in July of 1985, this agency endorsed the addition of sodium hexametaphosphate to the plants subject to plans and specifica- tions prepared by the firm, be submitted to the Department of Health for approval prior to the initialization of this treatment. Mrs. Paino asked how long it would take to receive this approval; Mr. Evangelista guessed it would be about a month basing his calculation on their track record regarding the endorsement of the process; he added that it could take longer. ~ Mr.McCluskey thought perhaps the Department of Health was holding areas. At this point, Mr. Incoronato recommended that the ~...} ~ back because it was a new process---has it been used in other letter be read to clarify any questions the Board may have. 3% October 29, 1985 Supervisor Frank Versace & Town Board Town of Wdppinger Mill Street Wappingers Falls, New York 12590 L Re: Revised Engineer's Report for the Approval of Sodium Hexametaphosphate to the Fleetwood, Rockingham, and Hilltop WTP's Wappinger Sludge Improvement W #359 ~ Dear Supervisor Versace and Members of the Town Board: On July 15, 1985 the New York State Department of Health, Bureau of Public Water Supply transmitted a letter to this office endorsing the addition of sodium hexametaphosphate to the Fleetwood, Rockingham, and Hilltop water supplies under the following conditions: a) That plans and specifications be submitted to the New York State Department of Health for approval prior to the initialization of such treatment; and b) That an evaluation of the effectiveness of this treat- ment be submitted to the New York State Department of Health within one year of plan approval or by October 1, 1986. b) That an evaluation of the effectiveness of this treatment be submitted to the New York State Department of Health within one year of plan approval or by October 1, 1986. L In response to these comments, the engineer's report titled "Engineer's REport for the Identification and Resolution of Abnormally High Copper Concentrations in Sludge Generated by the Fleetwood and Rockingham Sewage Treatment Plants" has been revised and was submitted to the NYSDOH, BPWS on October 15, 1985. Enclosed herewith please find: a) The revised Engineer's Report; and b) A copy of the letter transmitted to the NYSDOH, BPWS along with its enclosures. It is believed at this point in time that all the required information for the approval of the sodium hexametaphosphate addition has been supplied to the NYSDOH, BPWS. This office will pursue approval and will transmit any decisions to the Town Board. Very ,truly yours, sl David S. Robinson Staff Engineer ~ Mr. Incoronato pointed out that approval has already been given, L the NSYDOH is saying that they want the plans and specifications submitted prior to final approval and that is what his motion is accomplishing. Mr. Versace asked for a Roll Call Vote on this motion and all voted in favor, with Mrs. Paino stating her affirmative vote with the understanding that it was conditional upon final approval from the NYSDOH. 31./7 A letter was received from Bud Carlquist, Director of Real Property Tax Service requesting direction on how the Town Board preferred to handle the $1.00 charge for each entry on relevying unpaid sewer and water bills on the 1986 County/Town tax bill. A letter was also received from Mrs. Garrison recommending that the Board handle this in the same manner they have previously followed. 14 .. MR. VERSACE moved to accept Mrs. Garrison's recommendation" that . itbea charge back for relevying the delinquent water and \J sewer bills to each district on the 1986 Tax Rolls and notify Mr. Carlquist of this action Seconded by Mr. Incoronato Roll Call Vote: 3 Ayes Mrs. Paino---Nay Prior to her vote, Mrs. Paino asked if the charge for the entry was assessed to the individual or was it charged to the particular district. When Mrs. Garrison replied that it was a district charge, Mrs. Paino questioned whether it could be charged to the indivi- dual so the burden was not borne by those who pay their bills in the allotted time, her reply was that it could not be done in II this manner unless it was anticipated; the Board would have to pass a Local Law to provide for the charge being assessed to the individual. A request was received from Jennifer L. Van Tuyl, Attorney representing Macgeorge Automotive, for release of the Letter of Credit submitted for the landscaping of the building. Numerous complaints from residents of that area regarding the number, height and type of plantings resulted in the requirement of a Letter of Credit in the amount of $3,300.00 for the required plantings. Ms. Van Tuyl received confirmation from the Zoning ~ Administrator that the required plantings have been completed and now sought the release of the Letter of Credit. A Memo was .1 fI forwarded to the Town Board from the zoning Administrator indicating that the plantings were completed. MRS. PAINO moved to return the Letter of Credit to Ms. Van Tuyl for the MacGeorge Automotive landscaping, based upon the letter from the Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried 3Cj! '-' A vacancy exists on the Board of Assessment Review due to the expiration of Don Close's term on the 30th of September, 1985; Mrs. Paino moved to reappoint Don Close as a member of the Board of Assessment Review, seconded by Mr. McCluskey. Roll Call Vote Mr. McCluskey and Mrs. Paino voted Aye, Mr. Incoronato and Mr. Versace voted Nay; the motion was defeated. Mr. McCluskey asked the Board Members who voted against Mr. Close's reappointment if they had another name to place before the Board. Mr. Versace replied that he did not have a name and Mr. Incoronato replied he did not have a name to submit tonight. l Mr. R. Keith Harvey, Supervisor of Transportation of the Wappingers Central School District, wrote to the Board requesting that stop lines be placed on the highway at the intersection of Old Route 9 onto Middlebush Road; the buses are having difficulty in making the turn from Old Route 9 onto Middlebush Road because the vehicles are stopping too far into the intersection. He also indicated that the stop lines be placed back from the inter- section about one car length. l Mr. Croshier informed the Board that the County takes care of striping and lines on that road, it being a County road. MR. MCCLUSKEY moved to direct a letter to the Dutchess County Department of Public Works requesting that the stop lines be placed on Middlebush Road approximately one car length back from the intersection, as requested by the Supervisor of Transportation, Wappingers Central School District. Seconded by Mr. Incoronato Motion Unanimously Carried A letter was received from Sofia Kalyvas at 36 Hamlet Drive, -., requesting a waiver of the penalty charge on her water and sewer bill. It appears that she is a new home owner in the I. Town and the builders owed a partial sum of the water bill. After receiving the bill she contacted the attorney but the settlement took longer than expected and a 10% penalty was due on the $34.00 bill ($3.40). It was not her intention to deliberately overlook payment; she was waiting for the builder's share to be forwarded to her. She was not aware that this should have been settled at the closing, or that she could have paid the bill and then been reimbursed by the builder. 341 MR. VERSACE moved to reimburse the $3.40 penalty charge to Sofia Kalyvas. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports--- Mrs. Paino, Landfill, reported that she had spoken with the Highway Superintendent and they agreed that this Saturday, November 23, 1985 will be the last Saturday that the landfill will be open. Mr. Incoronato and Mr. McCluskey did not have reports~forthis meeting. Resolutions--- A Public Hearing having been held on the Preliminary Budget for 1986 concurrently with the Federal Revenue Sharing Budget by the Town Board on November 7th, 1985, the matter was now placed before the Board for their consideration. Mr. Versace made a motion to adopt the 1986 Budget. Before a second was made to the motion discussion ensued on various additions to the Preliminary Budget. When questioned by Mr. Incoronato on the item he wanted added to the budget, Mr. Croshier asked for a two yard dump truck with four wheel drive, $18,000, one ton roller, $7,000 and a pickup for his use at $8,000, a total of $37,000; he added that the 1982 truck he now uses will become an additional truck for the Highway Depart- mente Mr. Incoronato stated that he was willing to move the adoption of the budget with the inclusion of an additional $25,000 for a two yard dump truck and one ton roller for the Highway Department, $16,000 for an Assistant Zoning Officer and an extra $2,000 for the Fire Inspector, a total of $43,000. Mrs. Paino referred to a previous discussion with the Comptroller regarding warranties on the heating and air conditioning systems in the new Town Hall---Mrs. Garrison had checked this out and replied that everything is under a one year guarantee, and when the year expires, most of the major equipment such as heating and air conditioning will be under partial guarantee. She agreed with Mr.Incoronato that there should be a provision made for the Assistant Zoning Officer; also, she noted that there was no allocation for the switchboard operator/receptionist .~ tI ~ ~,.. ~. , ~ -' ~ t 3so -.., position which was discussed by the Board last year. According to the Comptroller, it had been planned that the "floater" would be assigned to this position and assist in other departments as the need arises, however, the "floater" has since been assigned to the Assessor's Office. She therefore requested that $13,000 be included in the budget to cover salary, benefits and any supplies this person requires for the tasks involved. Under the snow removal line item, it was noted by Mrs. Paino that the Highway Superintendent had requested $90,178 extra due to the increased cost of sand and salt, plus the fact that he has indicated that these materials have to be trucked from Hudson, New York as opposed to the former location in Beacon; this would be an additional $18,728 added to the budget which was Mr. ,Croshier's original request. Another line item referred to was the Contingency Fund, A & B---in 1985 the Town allowed $75,000 in this account for emergency purposes, in 1986 it's been reduced to $15,000. Mrs. Garrison explained that the high figure in 1985 was due to the possibility that we would not be moved into the new Town Hall and monies had to be appropriated for rentals, heating and maintenance of the present buildings. The B fund in Contingency in 1985 was $33,500, in 1986 it's down to $3,000. Mrs. Garrison explained that she felt this amount was sufficient since the monies were not used this year. Mrs. Paino proposed that these funds be increased especially since the Town is reviewing the zoning laws and extra monies may be needed; the amounts proposed A Fund---$25,000, B Fund---$12,000. At this point Mr. Versace commented that he moved the adoption of the final budget after the hearing on the preliminary budget because he felt it would have been sufficient to handle the operation of the Town; if he had been reelected, he would have worked with it. This evening he listened to proposals from Mr. Incoronato and Mrs. Paino to increase various line items of the budget. He withdrew his motion to adopt the budget and suggested that a motion be made by one of the Board Members who proposed the additions. Mr. Incoronato moved to adopt the final budget with the following additions: $25,000 for a two yard dump truck with four wheel drive, one ton roller for the Highway Department, $16,000 for the Assistant Zoning Officer, $2,000 extra for the Fire Inspector l ~ '-' l ", .E5""1 and an additional $18,729 for salt and sand for Highway. Motion Failed for Lack of a Second It was noted by the Attorney that if the Final Budget is not adopted, the Preliminary Budget, as presented, becomes the Final Budget. A recommendation had not been received from the County Planning Board regarding an Amendment to the Zoning Ordinance, Section 505 relating to the authorization to the Zoning Inspector and Deputy Inspectors to issue Appearance Tickets, by the Town Board. This was part of the three related laws giving these powers to the Building Inspector, the Zoning Administrator and the Fire Inspector. The Amendment to the Ordinance for Administering and Enforcing the New York State Building Code and Local Law #5 of 1985 Amending Local Law #3 of 1983 Relating to the Enforcement of the Fire Prevention Code were previously adopted by the Board. If a recommendation is not received from the County within thirty days of transmittal to them, the Board can then act on the Zoning Amendment. Next for the Board's consideration were proposed Local Laws setting the operation and maintenance rates for various water and sewer districts. The following proposed Local Law Repealing all Prior Local Laws Relating to Imposition, Charge and Collection of Water Rates for the Oakwood Water District was introduced by MR. VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1: Imposition and Computation of Water Rates A. All water rates are payable quarterly ending on the last day of the months of March, June, September and December and the minimum rate shall be payable even though no water is consumed, so long as the service shall be considered as connected with the district main unless shut off by authority of the district at the curb box or otherwise at the request of the The minimum rate shall be payable even though the water has been shut off when such discontinuance has been made by someone not authorized by the district. B. The owner shall be obligated to pay the minimum charge of fifty-nine dollars and seventy cents 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. C. Such water rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter provided. ~ II .. - ~ - L \r L -... [ .3~ Section 2: Payment and Enforcement of Water Rates A. All water bills shall be due and payable within thirty-two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to that bill for that quarter. B. Said water charges shall constitute a lien upon the real properties served by the water system of the district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent, or other lawful charge imposed by the Town. Section 3 If any owner of real property on which a water charge has been imposed deems himself aggrieved because such real property is not served by the water system or an error has been made in computing such water charge, he may file an application of a refund of all or part of such water charge. Such application shall be verified by him and shall set forth the amount of refund sought and the grounds therefor. Such application shall be presented to the Town Comptroller and he shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or part of such water charge. Section 4 This local law shall supercede all prior local laws imposing water rates and penalties and providing for the manner of collection thereof for this district. Section 5 This local law shall take effect upon adoption as provided by the Municipal Home Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Repealing all Prior Local Laws Relating to the Imposition, Charge and Collection of Water Rates for the Oakwood Water District, 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, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law on the 5th day of December, 1985 at 7:00 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays 3~ The following proposed Local Law Amending all prior Local Laws Relating to the Imposition and Charge for Water Rates for the Tall Trees Improvement Area was introduced by SUPERVISOR VERSACE. BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Local Law No. 1 of the year 1985 is amended by deleting Section 1, Subdivision B, and by deleting Section 5 ~~~~~~~.2. Section 1, Subdivision B shall now read as follows: ~ Effective the second district fiscal quarter of the year II 1986 the owner of any residence served by the Tall Trees Water Improvement Area shall be obligated to pay the minimum charge ~..~ of fifty-two dollars and seventy cents (52.70) per each ~ quarter for consumption of water 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. Section 5 of Local Law No. 1 of 1985 shall now read as follows: In addition to any rates heretofore set forth, there will be a special water charge of sixty-eight dollars and thirty-two cents ($68.32) for a period of one (1) year due only on March 1st of the year 1985 and payable sixty (60) days thereafter, said special charge to be separately billed by the district. Section 4. All other provisions of Local Law No. 1 of the year 1985 concerning the imposition, charges, penalties and enforcement shall remain in full force and effect. Section 5. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. I The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Amending all Prior Local Laws Relating to the Imposition and Charge for Water Rates for the Tall Trees 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, 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 5th day of December at 7:03 P.M. on such day at the Town Hall, Mill L. Street, Wappingers Falls, New York ~ 2. That at least five (5) days notice of such hearing _,;7 shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays 3S1 The following proposed Local Law Amending Local Law No. 11 of 1980 Relating to Minimum Charges for Use of Water in the Watch Hill Water District, was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: L Section 1. Effective the second district fiscal quarter of the year 1986, the following rates shall be charged: the owner shall be obligated to pay the minimum charge of thirty-nine dollars ($39.00) 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. ~ In addition to the foregoing, there shall be the following charges: Number of Gallons Rate Per Thousand Gallons in excess of 2,500 cu. ft. $1.40/100 cu. ft. Section 2. All other provisions of Local Law No. 11 of 1980 are hereby ratified with the exception of Section 1, Subdivision B which this local law hereby amends and which refers to the minimum charges for consumption of water. Section 3. This local law shall take effect upon adoption and as provided by Municipal Horne Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: l WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November, 1985, a proposed Local Law Amending Local Law No. 11 of 1980 Relating to Minimum Charges for Use of Water in the Watch Hill Water District, and WHEREAS, the provisions of the Municipal Horne 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 5th day of December at 7:06 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. l Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law Repealing all Prior Local Laws Relating to the Imposition, Charge and Collection of Sewer Rates for the Mid-Point Sewer District, was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 35b Section 1: Imposition and Computation of Sewer Rates A. All sewer rates are payable quarterly ending on the last day of the months of March, June, September and December and the minimum rate shall be payable even though no water is consumed, so long as the service shall be considered as connected with the district main unless shut off by authority of the district at the curb box or otherwise at the request by authority of the district at the curb box or otherwise at the request of the owner. The minimum rate shall be payable even though the water has been shut off when such discontinuance has been made by someone not authorized by the district. B. The owner shall be obligated to pay the minimum charge of sixty-seven dollars ($67.00) 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. ~'; ;:"-:,,-';; ft' {{ tj C. Such sewer rates shall be payable for each of the four quarters of the year and shall be subject to the penbalties hereinafter provided. Section 2. Payment and Enforcement of Sewer Rates A. All sewer bills shall be due and payable within thirty- two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to that bill for that quarter. B. Said water charges shall constitute a lien upon the real properties served by the water system of the district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent, or other lawful charge imposed by the Town. Section 3: ~~ II If any owner of real property on which a water charge has been imposed deems himself aggrieved because such real property is not served by the water system or an error has been made in computing such water charge, he may file an application for a refund of all or part of such water charge. Such application shall be verified by him and shall set forth the amount of refund sought and the grounds therefor. Such application shall be presented to the Town Comptroller and he shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or part of such water charge. Section 4: This local law shall supercede all prior local laws imposing water rates and penalties and providing for the manner of collection thereof for this district. Section 5: This local law shall take effect upon adoption and as provided by the Municipal Home Rule Law. .. The following resolution was offered by SUPERVISOR VERSACE WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Repealing all Prior Local Laws Relating to the Imposition, Charge and Collection of Sewer Rates for the Mid-Point Park Sewer District, and .j II who moved its adoption: 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, l ~ l ~ l 3~ ~ 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 5th day of December at 7:09 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law Amending Local Law No. 6 of 1984 and Local Law No. 1 of 1981 Relating to the Charges for Consumption of Water for Fleetwood Sewer District was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1: Effective the second district fiscal quarter of the year 1986, the following rates shall be charged: the owner shall be obligated to pay the minimum charge of $62.50 per 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 2. All other provisions of Local Law No. 1 of the year 1981 are hereby ratified, with the exception of Section 1, Subdivision B which this local law hereby amends and which refers to the minimum charges for consumption of water. Section 3. This .local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Amending Local Law No. 6 of 1984 and Local Law No. 1 of 1981 Relating to the Charges for Consumption of Water for Fleetwood Sewer District, 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, 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 5th day of December at 7:12 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays 3S-1 The following proposed Local Law Repealing any and all Local Laws Related to Charges and Collection for Rockingham Farms Sewer District was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section 1. Any prior local laws relating to the charge of water rates for the consumption and use of water for the Rockingham Farms Sewer District is hereby repealed, only with _,g respect to sewer rates and the prior laws are otherwise .~ confirmed. Section 2. Effective the second district fiscal quarter of the year 1985, the following rates shall be charged for ~ sewer service for those connected to the Rockingham Farms Sewer District: A. Residential 1. For each residential unit connected to the system the sum of $174.40 annually and payable on a quarterly basis. Section 3. Payment and Enforcement of Sewer Rates A. All sewer bills shall be due and payable within thirty-two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to that bill for that quarter. B. Said sewer charges shall constitute a lien upon the real properties served by the sewer system of the district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent or other lawful charge imposed by the Town. ~. ""j < Section 4. This local law shall take effect upon adoption and as provided in the Municipal H'ffie Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Repealing any and all Local Laws Related to Charges and Collection for Rockingham Farms Sewer District, 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, 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 5th _~' day of December at 7:15 P.M. on such day at the Town Hall, Mill i Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays L ~ L '-' L ..3sR- The following proposed Local Law Repealing all Prior Local Laws and Establishing the Imposition, Charges and Collection Sewer for the Wildwood Sewer District was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section 1: Imposition and Computation of Sewer Rates A. All sewer rates are payable quarterly ending on the last day of the months of December, March, June and September and the minimum rate shall be payable even though no water is consumed, so long as the service shall be considered even though no water is consumed, so long as the service shall be considered as connected with the district main unless shut off by authority of the district at the curb box or otherwise at the request of the owner. The minimum rate shall be payable even though the water has been shut off when such discontinuance has been made by someone not authorized by the district. B. The owner shall be obligated to pay the minimum charge of thirty-nine dollars and sixty cents ($39.60) per each quarter, regardless of the consumption of water for said quarter, provided said owner is connected to the system at any timne during the quarter. C. Such sewer rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter provided. Section 2. Payment and Enforcement of Sewer Rates A. All sewer bills shall be due and payable within thirty-two (32) days of the billing date. After the expiration of thirty- two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to that bill for that quarter. B. Said sewer charges shall constitute a lien upon the real properties served by the sewer system of th~district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent, or other lawful charge imposed by the Town. Section 3: If any owner of real property on which a sewer charge has been imposed deems himself aggrieved because such real property is not served by the sewer system or an error has been made in computing such sewer charge, he may file an application for a refund of all or part of such sewer charge. Such application shall be presented to the Town Comptroller and he shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or part of such sewer charge. Section 4. This local law shall supercede all prior local laws imposing sewer rates and penalties and providing for the manner of collection thereof for this district. Section 5. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Establishing the Imposition, Charges and Collection of Sewer Rates for the Wildwood Sewer District, and 3q 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 5th day of December at 7:18 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. ~ Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law Amending Local Law No. 2 of 1985, No. 7 of 1981 and No. 8 of 1980 Relating to the Imposition & Charge for Water Rates for the Fleetwood Water District was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 1 of Local Law No. 2 of the year 1985 is to be amended as set forth herein below: ~~~;~~no~'thI~~y~~~:rd~~~~~Sb~~~~:~6ft:~c~Oq~:~t;~~ ~~~~~~~ess ~.~~.; of consumption of water for sald quarter, provlded sald owner II ~s connected to the' system at any time during the quarter, said rate to commence with the second district fiscal --quarter of the year 1986. In addition to the foregoing, there shall be the following charges: Number of Gallons Rate Per Thousand Gallons In excess of 14,143 gal/qtr. $.967262/1,000 gallons Section 3. All other provisions of Local Law No. 2 of the year 1985 are hereby ratified with the exception of Section 1, which this local law hereby amends and which refers to water charges. Section 4. This local law shall take effect upon adoption and as provided by the Municipal Home Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: ~ WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, ~c...! a proposed Local Law Relating to the Impositon and Charge for Water Rates for the Fleetwood Water District, 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, 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 5th day of December at 7:21 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, New York. 2. That at least five (5) days notice of such hearing 3~ shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays l The following proposed Local Law Establishing Water Rates for the Central Wappinger Water Improvement Area was introduced by SUPERVISOR VERSACE: ~ BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. water rates for with respect to with respect to confirmed. Any and all prior local laws establishing the Central Wappinger Water Improvement Area residential uses is hereby repealed, only water rates and the prior laws are otherwise Section 2. The following water rates are hereby established for the Central Wappinger Water Improvement Area: A. Residential 1. Now all metered - 13.10 per quarter for all users up to and including 2,500 cubic feet of water. 2. In the event uses exceed 2,500 cubic feet, the charge shall be .50 per 100 cubic feet. l Section 3. This local law shall take effect upon adoption and as provided by the Municipal Home Rule Law. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law Amending all Prior Local Laws Relating to Minimum Charges for the Ardmore Water District was introduced by SUPERVISOR VERSACE: BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: ~ Section 1. Effective the second district fiscal quarter of the year 1985, the owner shall be obligated to pay the minimum charge of $13.00 each quarter up to and including 2,500 cubic feet of water. In the:event the consumption of water exceeds 2,500 cubic feet, the charge shall be .50~ for each 100 cubic feet of water consumption. l Section 2. Subdivision B of Section 1, concerning the minimum charges of any prior law is hereby repealed and is to be in conformity with the aforementioned. All other provisions of prior laws concerning water charges shall remain in full force and effect. Section 3. This local law shall take effect upon adoption and as provided in Municipal Home Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: 3h/ WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Relating to the Minimum Charges for the Ardmore Water District, 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, NOW, THEREFORE BE IT RESOLVED, L~ II 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 5th day of December at 7:27 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, 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 due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law Amending Local Law No. 14 of 1984 and No. 5 of 1976 Establishing the Rates for the Wappinger Sewer Improvement #1, was introduced by SUPERVISOR VERSACE: . BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Effective the second district fiscal quarter of the year 1986, the following rates shall be charged for sewer service to those lines that are connected to the Wappinger Sewer Improvement #1 facilities: d" C. .'~ . . A: Residential 1. For each residential unit connected to the system $64.00 annually, payable on a quarterly basis. B. Commercial, Industrial, Institutional 1. For each benefit unit assigned to said premises: $64.00 annually payable on a quarterly basis. Section 2: This local law shall take effect upon adoption and as provided in Municipal Home Rule Law. The following resolution was offered by SUPERVISOR VERSACE WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 18th day of November 1985, a proposed Local Law Establishing the Rates for the Wappinger Sewer Improvement #1, and ~ ~ who moved its adoption: 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 5th day of December at 7:3a P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, New York. ~~ 2. T~at at least five (5) days notice of such hearing shall be glven by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintain~by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays l At the last meeting the Board tabled acceptance of Fieldstone ~ Farm roads due to certain items that remain incomplete. A letter was received from the Engineer recommending acceptance of the roads with the following conditions and stipulations: 1. A maintenance bond be posted by the applicant in the amount of $40,000. 2. A separate continuation "cash" bond in the amount of $10,000 for drainage improvements. 3. An overflow storm drain pipe should be constructed. 4. As-built drawings showing roadway and utilities require minor amendments as discussed with the project surveyor. 5. Deeds as received and reviewed, including three roadway descriptions and three easements descriptions found to basically correct with several minor revisions required. L "It should be noted that the above items are minor in nature, and if the Board is desirous of accepting the herein roads, we would have no engineering objection to same. Mr. McCluskey moved to accept Fieldstone Boulevard and Fieldstone Loop in Fieldstone Farms as Town Roads, subject to conditions outlined in letter from Morris & Andros dated November 18, 1985. The motion was seconded by Mr. Incoronato. Prior to the vote, Mr. Versace asked for comments from residents of Fieldstone Farms; Mr. Paul Whalen, Fieldstone Boulevard, was recognized by the Chair and related incidents of cars running over his lawn after it was graded and seeded twice; this was due to the lack of curbing on all sides of the median. The matter was referred to Mr. Croshier, who, in turn referred it ~ to our Fire Inspector, Tim Classey. Mr. Classey responded that L the Fire Prevention Bureau recommended that the island side of the road not be curbed, the reason being that when the cars are parked by the homes they take up too much room and the fire equipment cannot manipulate around them---the median sides of the road should not be curbed. Mr. Croshier noted that he had recommended that curbing be placed on both sides of the road, however this recommendation was not followed. Mr. Evangelista stated that he was not involved in the curbing situation when asked by Mrs. Paino why it was not mentioned in his letter; he 3t3 was under the impression that it was curbed as agreed upon. It appeared to Mrs. Paino that the plan that was agreed to should have been adhered to and Mr. Evangelista should have checked this item. Mrs. Paino asked if he wished to withdraw his recommendation in light of the facts that were just revealed. He added that in reviewing the matter with Mr. Croshier, they agreed with him that areas left out on the extreme left and right hand sides of the road should have been curbed; this does help to channel water and traffic. MRS. PAINO moved to table acceptance of the Fieldstone Farm ~ ~ Roads pending further investigation by the Fire Inspector and the Engineer. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace wished to clarify the situation before the vote was taken due to the confusion that existed. The Highway Superin- tendent had recommended that curbing be on both sides of the road, the Planning Board made changes, the roads are finished, _Z....f s ~ his question was who authorized Clove Excavators to do the blacktopping as it appears today; it is apparent that the sides of the median toward the property line should have been curbed. The situation can be corrected by finishing the curbing, but the question remains who is responsible for the extra cost and can Clove Excavator fit this into their schedule at this time. Mr. Versace recommended that Mr. Klein be requested to appear at the work shop meeting on Thursday night about 7:45 P.M. and discuss the problem with Mr. Croshier, Mr. Evangelista and Mr. Classey in an effort to resolve the matter. He asked the Highway Superintendent to check with Clove Excavators to ~ determine if this work can be done as soon as possible, and if so, a special meeting can be called for Town Board authorization. - The following resolution was offered by SUPERVISOR VERSACE who moved it adoption: WHEREAS, the Town of Wappinger has held 5% retainage fee due to Wilson Excavators for Contract #1, Extension #4 for a period of one year, and WHEREAS, the engineer in charge of these improvements has certified the completion of the contract, BE IT RESOLVED, that said retainage in the total amount of $14,245.40 be and is hereby paid to Wilson Excavator, Inc. 3~1 Seconded by: Councilman McCluskey Motion Unanimously Carried A memo was received from the Comptroller enclosing a copy of a bill from Wilson Excavators for a water lateral on Montfort Road; since the amount requested exceeds the contract price, she L requested verification from Morris & Andros on the additional work and price. A report from Morris & Andros dated November 15, 1985 indicated that the office had reviewed the claim and ~ finds it satisfactory for payment; the extra payment was for extra rock excavation at approximately $25.00 per cubic yard which they felt was a fair price. MR. VERSACE moved to approve payment of the additional $4,400.00 voucher to Wilson Excavators, Inc. for the Montfort Road Water Line Extension Contract. Seconded by Mr. McCluskey Motion Unanimously Carried A memo was received from Mr. Versace requesting the Board to l consider an increase of the hourly rate for the Election Inspectors in 1986. Presently they receive $3.75 per hour and after hearing many comments from the Election Inspectors who worked this year regarding the long hours, he recommended that their hourly rate be increased to $4.50 which could result in retaining the same responsible people each year. MR. VERSACE moved to increase the hourly rate for the Election Inspectors from $3.75 to $4.50 for 1986. Seconded by Mrs. Paino Motion Unanimously Carried Unfinished Business--- I I f f I f r I i f I I I r I f [: f [ t f I ~ The following communication regarding the Oakwood Knolls Sewer ( Treatment Plant was received from Mr. Marcogliese of the New York State Department of Environmental Conservation: 3~~ November 12, 1985 Supervisor and Town Board Town of Wappinger Town Hall Box 324 wappingers Falls, New York 12590 Re: Oakwood Knolls Gentlemen: ~...( ~ As you are aware, the above wastewater treatment plant is inadequate to serve the needs of the sewer district. Toward this end, the Town has completed an Engineer's Report which offers a number of recommendations. As I indicated to you previously, this Department cannot act until the Town makes a formal submission. ~ Accordingly, we must request the Town provide, prior to December 2, 1985, a formal schedule for the long-term needs of this facility. This schedule must include dates for submission of a final report, plans and specifications, and start and completion of construction. Please be advised that in accordance with the National Municipal Policy, construction must be complete and the Permittee in compliance by July 1, 1988. This date is certainly reachable provided construction commences next year. Your continued cooperation is anticipated. Very truly yours, sl Joseph F. Marcogliese, P.E. Associate Sanitary Engineer. NYS Dept. Environmental Conservation I Mr. Versace noted that the Board will have a meeting on Thursday evening with an engineering firm from New York related to the preliminary study submitted by Morris & Andros on the Oakwood Knolls Sewer Treatment Plant; a decision has to be made in the very near future on Wappinger Sewer Improvement Area #1. He had planned to place it on the agenda for December 2, 1985, however Mrs. Paino will be away on vacation at that time and he therefore requested that a Special Meeting be held on December 5, 1985 to resolve this matter and will notify Mr. Marcogliese that the Town will take action on this matter on December 5, 1985. ~ MR. VERSACE moved to receive this correspondence and place it - on file. Seconded by Mr. McCluskey Motion Unanimously Carried The matter of the application for a Peddler's License for Robin Hall was tabled at the last meeting for review and recommendation by the Attorney. Mr. Kessler noted that the applicant has applied for a license to sell furniture from a motor vehicle. He read excerpts from the Peddler's Ordinance 3(,~ which included the statement that the Town Board may refuse to grant said permit in the event it determines that the items sold represent a danger to the health, safety or welfare of the community. If, in the event, the Town Board does issue the license, the peddler is required to move the L vehicle 1,000 yards every half hour to another location than the one previously used. Mr. McCLuskey commented that he has seen this practice in our ~ area previously and it had the appearance of "Coney Island" or "trash city" or a commercial flea market. There are many offices selling furniture and paying a substantial amount of taxes to the Town, plus large overhead and this would create unfair competition if the license was issued. It certainly is not feasible to move furniture back into a truck and moving it every half hour. For these reasons, he objected to the issuance of this Peddler's License. MR. MCCLUSKEY moved to deny the application for a Peddler's License to Robin Hall to sell furniture through the roads of t the Town. Seconded by Mr. Incoronato Motion Unanimously Carried New Business--- I I I A late correspondence was received from the Assessor's Office requesting that Marlene Mills be granted permission to attend a Training Course for Assessor from December 2nd thru the 6th, 1985 at Ulster County Community College, Stone Ridge, New York related to the reevaluation that is presently being conducted in the Town. ~ MR. MCCLUSKEY moved to grant permission to Marlene Mills to attend the Training Course at Stone Ridge, New York from - - L December 2nd thru the 6th, 1985 and all legitimate expenses will be a Town charge. Seconded by Mrs. Paino Motion Unanimously Carried Phil Palmisano, 12 Brothers Road, was recognized by the Chair and informed the Board that he has been living at that address for about one and one half years, and since he moved in during the winter he was not aware that a drainage problem exis~ed. 3~1 Although he has talked to several Town Department Heads, he never came before the Board to ask for relief. It appears that a Town drainage easement exists on Gold Road and it overflows on to his property causing flooding. He offered pictures to the Board showing the flooding on the property. The Board agreed to visit the area and review the matter with Mr. Croshier and ~.;...... ~ Mr. Evangelista. Mr. Versace informed the Board that he has received the ~ following letter of resignation from Councilwoman Renata Ballard: November 18, 1985 Supervisor Frank Versace & Town Board Members Town of Wappinger Mill Street Wappingers Falls, NY 12590 Dear Colleagues, Please accept my resignation as a Councilwoman in the Town of Wappiner, effective November 18, 1985. As you all know, my family responsibilities no longer allow me to complete my term of office through December 31, 1985. As a Town Councilwoman since January 1984, I have worked long and hard to improve the many aspects of town life addressed by the Versace Administration. I have served all the residents of the Town, listening and responding to their concerns. ~ III Please express my thanks to the Town employees who have been very helpful in assisting me in carrying out my duties as a Councilwoman. I will see you on Sunday, December 1, at 2:00 for the New Town Hall Dedication sl Renata Ballard Councilwoman, Ward 4 Since Mrs. Ballard has resigned and a new Councilwoman has been elected for Ward 4 commencing in January of 1986, Mr. Versace requested the Board Members to consider having Mrs. June Visconti be sworn in and sit with the Board through the month ~ of December; she will be assuming this office in January and I it will be a pleasure to have her join them, if this is her wish. He invited her to sit with them and the full Board agreed wholeheartedly. The following Resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that June A. Visconti be and she hereby is appointed to fill the vacancy on the Town Board of the Town of Wappinger, which has occurred by reason of the resignation of Renata Ballard, and 3~ r ! BE IT FURTHER RESOLVED, that the said June A. Visconti be and she hereby is appointed to fill such vacancy for the remainder of the term which shall expire on December 31, 1985. Seconded by: Councilwoman paino Roll Call Vote: 4 Ayes 0 Nays MR. MCCLUSKEY moved to send a letter to Renata Ballard l thanking her for her services to the Town as a Town Councilwoman. Seconded by Mr. Versace ~ Motion Unanimously Carried Mr. Eugene Broadie was recognized by the Chair and referred to a problem he wished to discuss with the Board. He recently received a reimbursement of $47.00 from the Town for operation and main- tenance charges for the Fleetwood Sewer District when it was discovered, by accident, that his home was not connected to the sewer system. It also appeared that the septic system was malfunctioning and at the last meeting Mr. Incoronato referred the matter of allowing Mr. Broadie to hook into the system at no cost to him due to the fact that he and the former owner of l the home had been paying these charges for many years. Mr. Broadie informed the Board that the Attorney had recommended that he attend this meeting and discuss this further with the Board. Mr. Broadie was under the impression that the Town had already agreed to bear the expense of the cost of the hookup to the system, however, Mr. Incoronato interjected that he asked the Board to consider a "trade off" in light of the fact that the Town had collected the operation and maintenance charges from the former owner for fifteen years, and the matter was referred to the Attorney. The Board was not receptive to paying this charge and Mrs. Broadie replied that the former owner would ~ put in a claim for the O&M charges paid by his family for all l those years and turn it over to the Broadies' to cover their expense if the Town denied their request. Mr. McCluskey felt it would be setting a precedent if they agreed to this and stated that he would not support action by the Board to pay the $950 charge that it was costing them to hook into the sewer. Mrs. Garrison added that when the Town took over the system,it was assumed that all the homes were hooked into the system. The Broadies explained that their home was the model home and had not been connected, but rather used the septic system. 3b7 It was determined that the only amount paid by the Broadies was $47.00 which was reimbursed and they are now looking for the amount of $950 to be paid by the Town. The Board felt that further discussion was need at a future work shop. MR. MCCLUSKEY moved to refer the matter to a work shop session. Seconded by Mr. Incoronato Motion Unanimously Carried There was no other business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The Meeting adjourned at 9:35 P'M'(l~H~S~ Town Clerk Reg. Bimonthly Mtg. 11/18/85 - ~ ~ II \Ii I