1985-12-02 RGM
L
L
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
DECEMBER 2, 1985
---------------------------
1. SUPERVISOR CALL MEETING TO ORDER
2 . ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES
4. REPORTS OF OFFICERS:
Compt/Sup thru Oct.
5. PETITIONS & COMMUNICATIONS
a. Mr. Tanveer Hussain-inquiring as to possible tax break for
property because of pump station "lear house
b. Frederic M. Cantor, request Town accept steinhaus Lane as
a Town Road
c. Set date for Year End Meeting
6. COMMITTEE REPORTS
7. RESOLUTIONS
I
I
I
jI
a. Acceptance of Fieldstone Roads
b. Compt. request for Transfer - contingency to Celebrations
(Community Day expense) & Attorney (A funds)
c. Zoning Ordinance Amendment - Zoning Officer issuance of
appearance tickets
d. Introduce Local Laws for Water & Sewer 0 & M rates
(change~ due to adoption of Budget for 1986, alter LL's
originally introduced)
e. Appoint 1"i.Laffin & C. Bartolotti to Civil ServiCe positions
I
Ii
II
I
8. UNFINISHED BUSINESS
a. Grant permission -for C. Bartolotti to attend Assessors school
Ulster Co. College 12/2 to 12/6
" /i;.
. .~
9.
NEW BUSINESS
10. ADJOURm'.tENT
I
I
,
\
l
L
~
L
~
l
3~
The Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger was held on December 2, 1985 at the Town Hall,
Mill Street, Wappingers Falls, New York.
Supervisor Versace opened the Meeting at 8:00 P.M.
Present:
Frank Versace, Councilman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Irene Paino, Councilwoman
Others Present:
Bernard Kessler, Attorney
Kenneth Croshier, Highway Superintendent
Ronald Evangelista, Engineer
Ann Garrison, Comptroller
Supervisor asked all to join in the Pledge of Allegiance to the
Flag.
The Minutes of the Regular Bimonthly Meeting of November 18,
1985, having previously been forwarded to all Board Members,
were placed before them for their consideration.
MR. MCCLUSKEY moved that the Minutes of the Regular Bimonthly
Meeting of November 18, 1985, be and they are hereby approved
as submitted by the Town Clerk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Comptroller/Supervisor Report was received thru the month of
October.
MR. INCORONATO moved to accept the Comptroller/Supervisor Report
and place it on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
At the last meeting a request was received from Mr. Tanver
Hussain at 18 Bell-Aire Lane for the Board to consider relocating
the pump station near his home due to the annoyance it was
causing him. The Board replied that they sumpathized with him
but could not consider moving the pump. A second letter was
.37/
received from Mr. Hussain thanking the Board for their sympathy
and requesting that they consider giving him a tax break due
to the annoyance of the noise; he also inquired if something
could be done to cut down the noise and size of the pump.
MR. MCCLUSKEY moved to reject Mr. Hussain's request and explain
that the house was assessed at a figure which reflected the
fact that the pump was in the near vicinity of his home and
furthermore, he purchased the home knowing the pump station was
there.
Seconded by Mr. Incoronato
-
~
Motion Unanimously Carried
Mr. Versace asked that Mr. Hussain be made aware of the fact that
he has the right to grieve to the Board of Assessment Review at
the proper time on Grievance Day.
A letter was received from Frederic Cantor informing the Board
that Steinhaus Lane, Tall Trees, Section 4 has been completed
and now ready to be dedicated to the Town.
This letter was forwarded to the Highway Superintendent and the
Engineer to the Town for their review and recommendation. A
report was received from the Engineer listing nine items which
needed completion and a recommendation that the Town not accept
the road at this time. The Highway Superintendent concurred with
the Engineer's report. This report was carbon copied to Mr.
Cantor.
MR. VERSACE moved to direct a letter to Mr. Cantor informing
him that the Board would consider acceptance of Steinhaus Lane
when he has complied with the concerns of the Highway Superintendent
and the Engineer.
Seconded by Mr.lncoronato
fj
t.J
Motion Unanimously Carried
The Town Clerk asked the Board Members to consider setting a date II
for the Year End Meeting for the purpose of transferring funds
if necessary to settle the bills and encumber the bills that
have not been received but require payment from the 1985 budget.
MR. VERSACE moved to set December 30, 1985 at 4:00 P.M. for the
Town's Year End Meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
l
~
t
~
l
3M
Committee Reports---
It being Mrs. Visconti's first time for sitting as a Board
Member, she had no reports.
Mr. Incoronato had one report involving removal of hydrogen
sulphide from the Fleetwood water supply. A Preliminary Report
was completed by Morris & Andros on October 18, 1985 indicating
that they would perform additional field tests to quantify the
concentration of hydrogen sulphide present in the water supply
to determine the sizing of thea1uipment to be used and make
a proper estimate of the cost. Since over six weeks have elapsed
since the date of this report, he felt it was time to discuss
Morris & Andros's findings as to the concentration of sulphur
in the system, type of equipment and approximate cost. He
suggested a work shop session be held on December 19, 1985 at
8:30 P.M. and requested that the Supervisor's Secretary notify
the principals of Morris & Andros of this date. This was
agreeable to all Board Members.
Mr. McCluskey had no reports for this meeting.
Resolutions---
The acceptance of Fieldstone Farm Roads was tabled at the last
meeting pending arrangements with the developer and the contractor
to install the required curbing. Mr. Croshier recommended that
the roads be accepted subject to Mr. Klein agreeing to complete
the items outlined by Morris & Andros in their December 2, 1985
letter. Mr. Croshier noted that it was possible that the curbing
would not be installed until the Spring. Mr. Evangelista referred
to two letters from Morris & Andros dated November 18th and December
2nd, 1985 relevant to the Fieldstone Farm Roads, Section 1, lA & 2.
The November 18th letter listed five items that were incomplete
involving paper work and field work; the December 2nd letter
refers to the five items, still incomplete. In view of letter
from Planning Board dated December 2, 1985 which indicated that
at their November 25, 1985 meeting, Mr. Klein agreed to do
additional work on Fieldstone Boulevard due to concerns of
several residents, the Engineer recommended that Item #2 in his
November 18th letter relating to a "cash" bond be increased to cov~r
the additional work.
3V
pending resolution of the aforementioned items by the developer,
Mr. Evangelista stated that he would have no problem with the
Town accepting these roads. Mr. Klein was present and stated that
he agreed to comply with conditions outlined in the Engineer's
letters.
Mr. McCluskey requested that the Planning Board letter be read
into the Minutes.
~..~./
III
December 2, 1985
~
To: Supervisor Frank Versace
Town Board Members
From: Planning Board
Re: Fieldstone Farms
At the November 25, 1985 Planning Board Meeting, Mr.James Klein
agreed to do some additional work on Fieldstone Boulevard because
of concerns voiced by several residents.
Mr. Klein has agreed to place curbing in front of House #'s 9 &
11 to help avoid vehicles from driving on those lawns after using
the turn around at that location.
Mr. Klein has also agreed to take care of the erosion problem at
House #'s 13 & 15.
~s of this meeting, ~here were no other concerns expressed by
any other residents from Fieldstone Farms.
~
The following resolution was introduced by SUPERVISOR VERSACE,
who moved its adoption:
WHEREAS, James Klein, owner of certain property in the
Town of Wappinger has offered to dedicate parcels of land
known as Fieldstone Boulevard and Fieldstone Loop in the
Town of Wappinger, Dutchess County, New York to the Town of
Wappinger, and
WHEREAS, a "Letter of Credit" representing the Performance
Bond has been posted to guarantee the completion of said roads
in accordance with the rules and regulations of the Town of
Wappinger, and
WHEREAS, the Highway Superintendent has found that Fieldstone
Boulevard and Fieldstone Loop have been completed to Town Speci-
fications, and has favorablY recommended the acceptance of said
roads as and for Public Town Roads,
~
-
NOW, THEREFORE, BE IT RESOLVED, that Fieldstone Boulevard
and Fieldstone Loop as more particularly described in a deed
from James Klein to the Town of Wappinger dated the 11th day of
December, 1985, are hereby accepted as public highways in the
Town of Wappinger and, it is
l
..,
L
...,
l
37L/
r
I
!
I
r:
I
I
f
I
I
l
I
I
l
FURTHER RESOLVED that a maintenance bond to guarantee
that said roads have been installed in accordance with said
Town's rules and regulations in the form of a "Letter of Credit"
in the sum of $40,000 shall be posted in the Town of Wappinger,
and be it
FURTHER RESOLVED that an additional amount of $20,000
be posted with the Town to insure the timely completion of
the following items:
1. Cover some off-road drainage improvements and
cleaning of basins/pipes in the area of Lots
#62/63 & 66.
2. An overflow storm drain pipe should also be
constructed, with outlet toward the wetlands.
The outlet overflow pipe should extend from the
lower manhole in the Conservation District behind
Lots 62, 63, in a southerly direction, to allow a
clear unobstructed flow.
3. The as-built drawings which show the roadway and
utilities still require some minor amendments.
4. Curbing in front of House #'s 9 & 11 (Lots # 5 & 6).
5. Correction of erosion problems at House #'s 13 & 15,
(Lots # 7 & 8).
and be it
FURTHER RESOLVED that upon the filing of the said
maintenance bond, the present "Letter of Credit" representing
the performance bond, shall be released by the Town Clerk of
the Town of Wappinger and be returned to James Klein and be it
FURTHER RESOLVED that the name of the roads upon acceptance
shall be Fieldstone Boulevard and Fieldstone Loop.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
It was determined that these roads will be totally maintained
by the Town as soon as the paper work has been completed. Mr.
Versace asked that the Town Clerk be notified of this action
as soon as possible and the Supervisor of Transportation in the
Wappinger School District be notified when the busses can pick
up the children at the designated stops within Fieldstone Farms.
Next on resolutions were two requests from the Comptroller for
authorization by the Town Board of transfers in two line items.
The following resolution was offered by COUNCILMAN INCORONATO
who moved its adoption:
WHEREAS, there were insufficient funds allocated for the
Community Day Activities,
BE IT RESOLVED, that the amount of $170.00 be and hereby'
transferred from contingency A 1990.4 to Celebrations A 7550.4
3~
Seconded by: Councilman McCluskey
Roll Call Vote: 4 Ayes 0 Nays
The second resolution read as follows:
Whereas, there were insufficient funds available in the
line item for the Attorney, and
Whereas, monies were set aside for this contingency,
-'..................
x.
\
Be it Resolved, that the sum of $6,371.00 be and is hereby
transferred from Contingency A 1990.4 to Attorney A 1420.4.
Mr. Incoronato moved the resolution based on the facts that
~
there were extensive litigations, that he was aware of, in
the area of Zoning Board of Appeals defense and Planning Board
defense, tax reviews which were unprecedented this year and
various other legal items that he felt the Attorney could
justify. Before the motion received a second, Mr. McCluskey
asked the Comptroller for a breakdown of the amount involved
and she replied that there were other attorney's fees included,
one of them being Willkie, Farr & Gallagher, Bonding Council
for the Town; Mrs. Garrison did not have the amount in front
of her and was reluctant to quote an amount that was not
accurate. At this point, Mr. Incoronato remarked "did the
-
Attorney have to sue the municipality for payment of the
outstanding vouchers", to which Mr. McCluskey replied, that was
not necessary, however the Board should be apprised of the break-
'down on the $6,371. Mr. Versace offered his explanation that
many matters are referred to the Attorney during the course of
-the year and does not submit a voucher until the service has
been rendered; he felt it was a legitimate expense and seconded
the motion and asked for a roll call vote which went as follows:
Mr. Incoronato---Aye, Mr. McCluskey---Nay, Mrs. Visconti---
abstained due to her unfamiliarity with the matter, Mr. Versace ~
---Aye. The motion was defeated.
honesty of the Attorney, but wished to have a breakdown of the
-
Mr. McCluskey added that he did not doubt the accuracy or
monies. If a taxpayer or the news media asked him for a break-
down, he would be embarrassed if he could not supply the informa-
tion. He would change his vote to "yes" if he was apprised of
how the monies were being distributed.
Mr. Kessler explained that the vouchers have been filed with the
Comptroller and the balance of the vouchers will be submitted
l
~
l
~
l
3%
within a week and cover costs for Supreme Court matters, 15 to
18 tax certioraris pending, one of which will be tried on the
6th of January, 1986 (which Mr. McCluskey is aware of) appeal to
the Appellate Division by DWS AND WVC, 3 or 4 Article 78 proceedings,
one of which will be appealed. These vouchers will total between
$20,000 and $22,000; the money that is being transferred now is
for advice given to various Boards and various municipalities over
a period of time set forth on the submitted vouchers. He continued
his explanation and stated that if he was not going to be paid
for this work, he will advise the court and let the chips fall
where they may.
Mr. McCluskey interjected remarks that the Attorney was on the
defensive and acting like a Philadelphia lawyer. He reiterated
his statement that he had no doubt of the Attorney's honesty
and the accuracy of the bills; he accused the Attorney of muddy-
ing up the waters to cover the fact that the information was not
made available to him (G Mc) in a timely and proper manner. If
the Attorney did not like his actions it was too "goddam" bad
and he did not like the Attorney's grandstanding.
Mr. Kessler answered that the vouchers and explanation of the
work it covered was filed with the Comptroller weeks ago and he
was sorry Mr. McCluskey did not have it before him now---there
was no grandstanding on his part---the vouchers submitted were
the usual monthly vouchers and had nothing to do with any of the
pending litigations. He added that he did not care for the slang
language.
Mr. McCluskey apologized for his profanity but not for his
anger. Mr. Kessler contined with his retorts and noted that
Mr. McCLuskey could get as angry as he wanted but should not take
it out on him, as he had submitted his vouchers in a proper manner.
At this point Mr. McCluskey became very angry and stated that he
was not picking on the Attorney, what was his problem, did he
feel maligned and picked on-------
MR. VERSACE interrupted the heated discussion and moved for a
five minutes recess at 8:20 P.M.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Meeting resumed at 8:25 P.M. and all four Board Members were
present.
377
After the Roll Call was taken, Mr. Versace commented that the
Board had an Agenda to follow--he understood Mr. McCluskey's
feelings on the matter of the breakdown of the amount to be
transferred, but he could have handled it a more pleasant manner
when he questioned the Honorable Attorney to the Town. No one
has ever denied a Town Board Member from reviewing vouchers
submitted to the Comptroller--they are a public record. The
~
~
term of this administration will soon end and he wished to
conduct this and the remaining meetings in a gentle manner;
~
the Board Members are under oath to serve the best interests of
the public and should respect the professional people who are
involved with the Town. It did not appear to him that Mr. Kessler
was grandstanding, but was explaining the services performed for
the fee submitted on the vouchers. Mrs. Garrison has indicated
that the vouchers are in her office and available to all. He
wished to continue the meeting on a good, solid, quiet note. No
one present should be subject to outbursts and profane language
by Board Members or anyone else. He would like to leave his
position as Superivosr of the Town on a good note. On the other
~'
.~
~
hand, Mr. Versace continued, he will no longer keep himself
muzzled at this or future meetings, as he has done in the past.
He, too, has been irritated at previous meetings, but made an
effort to act as gently as he could, as befits the position of
Supervisor and all Board Members. He recommended that the
request for the transfer to cover the Attorney's fees be tabled to
the December 16, 1985 meeting; he then invited Mr. McCluskey to
respond to his statements, as requested.
It appeared to Mr. McCluskey that both Mr. Versace and Mr. Kessler
misunderstood what he was asking for. The breakdown on the amount
to be transferred should be available at the time the request
~
is placed before the Board. He apologized if they thought he
~'...."G'."
~
~
~
was maligning the Attorney. They could listen to the tape, read
the minutes if they wish to, he was not attacking Mr. Kessler in
any way, shape or form. He did not want the last few meetings
to end on a sour note, but he has an obligation as a Town Board
Member to do his job and he considered his request for a break-
down, part of his job. Mr. Kessler did not have to justify his
voucher claim by itemizing the court cases, he has never questioned
his ability, his fees or the manner in which he conducts himself
l
~
L
~
l
37?
as the Attorney to the Town---he was going off on a tangent.
The problem is Ann Garrison does not have the facts and figures
before her and could not provide him with the amount of other
attorney's fees.
Mr. Versace accepted Mr. McCluskey's apology, but noted that he
did not misunderstand his statements-----Mr. McCluskey remarked
that he did not regret his outburst.
Mr. Incoronato felt that Mr. Kessler raised a valid concern--
there is an additional $20,000 to $22,000 pending litigation
costs and there should be a bonifide attempt on the part of the
Board to agree to pay the Attorney's fees; if not, he should be
so informed and act accordingly---cease and desist his service
to the Town and the Board Members will then have to appoint
another attorney.
Mr. McCluskey wanted to discuss this statement---it seems that
Mr. Incoronato and Mr. Kessler have expressed concern as to
whether the Town Board intends to pay his voucher and he
wondered why they have this concern---he didn't question the
bills. The Attorney stated that if he wasn't paid, the Board
should consider the appointment of another attorney---what
brought on this sudden fear that there was a problem.
Mr. Incoronato interjected that it was very apparent why Mr.
Kessler felt that way---Mr. McCluskey question him and he
responded how the bills were generated and he was accused of
acting like a Philadelphia lawyer.
Before any further debate ensued, Mr. Versace asked that they
continue with the Agenda.
A Public Hearing was held on November 4, 1985 by the Town Board,
on an Ordinance Amending the Zoning Ordinance (Section 505).
The matter was tabled pending receipt of the Dutchess County
Department of Planning recommendation. This was received by
the Town Clerk on November 26, 1985 and the letter indicated
that they regarded this matter as a local decision; the Attorney
noted that this means they made no recommendation.
The following Ordinance was offered by COUNCILMAN INCORONATO
who moved its adoption:
. .
311
BE IT RESOLVED AND ORDAINED by the Town Board of
the Town of Wappinger as follows:
That the Zoning Ordinance of the Town of Wappinger
adopted by the Town Board on March 10, 1980, be and the
same is hereby amended by adding thereto a new section, to
be Section 505, to read as follows:
Section 505. The Zoning Inspector and any deputy inspectors
as may be appointed by the Town Board shall have the authority
to issue an appearance ticket pursuant to Criminal Procedure
Law Section 150.20 in the enforcement of the Town of Wappinger
Zoning Ordinance.
~'
~;"
':'"
This Ordinance shall take effect upon adoption, posting
and publication.
'"
Seconded by: Councilman McCluskey
Roll Call Vote: 4 Ayes 0 Nays
Next on the Agenda for the Board's consideration was the
introduction of Local Laws for Water and Sewer Operation and
Maintenance Rates. Although similar Local Laws were introduced
at the last meeting, Mrs. Garrison requested that they be
withdrawn from publication due to the fact that the Budget
was adopted in its preliminary stage rather than its final stage
and the figures for the 0 & M rates reverted back to those in
the preliminary budget.
ij
II
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW AMENDING LOCAL LAW NO. 11 OF
1980 WITH RESPECT TO THE MINIMUM CHARGES
FOR CONSUMPTION WITH USE OF WATER FOR
THE WATCH HILL WATER DISTRICT
------------------------------------------
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
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.
\J
In addition to the foregoing, there shall be the following
charges:
Rate Per Thousand Gallons
~'~
N,
~{'--
Number of 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 Home Rule Law.
The following Resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
l
'-'
L
-.,.
l
. . .
3Ro
I
,
I
I
I
I
I
!
WHEREAS, there has been duly presented and reintroduced
at a meeting of this Town Board on the 2nd day of December,
1985, a proposed Local Law Amending Local Law No. 11 of 1980
with Respect to Charges for Water for the Watch Hill 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 16th
day of December 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 Incoronato
Roll Call Vote: 4 Ayes 0 Nays
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW AMENDING LOCAL LAW NO. 6
OF 1984 AND LOCAL LAW NO. 1 OF 1981 WITH
RESPECT TO MINIMUM CHARGES FOR CONSUMPTION
OF WATER FOR FLEETWOOD SEWER DISTRICT
------------------------------------------
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 $62.20
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, Subidvision 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 reintroduced
at a meeting of this Town Board on the 2nd day of December 1985,
a proposed Local Law Relating to Minimum Charges for Water Rates
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
3R/
on the 16th day of December, 1985 at 7:03 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 tearing
ahall 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 Incoronato
Roll Call Vote: 4 Ayes 0 Nays
~,~
II
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
\J
A LOCAL LAW REPEALING ANY AND ALL LOCAL
LAWS RELATED TO CHARGES AND COLLECTION
FOR ROCKINGHAM FARMS SEWER DISTRICT
---------------------------------------
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 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
t.~
II
1. for each residential unit connected to the
system the sum of $172.40 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.
Section 4. This local law shall take effect upon adoption
and as provided in the Municipal Home Rule Law.
~
The following Resolution was offered by SUPERVISOR VERSACE
l1~
II
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 2nd day of December 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 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,
L
'-
l
-.,
L
3 gc2.
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 16th
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.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW AMENDING ALL PRIOR LOCAL
LAWS WITH RESPECT TO THE MINIMUM CHARGES
FOR THE CONSUMPTION OF WATER IN THE
ARDMORE WATER DISTRICT
-----------------------------------------
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 .509 for
each 100 cubic feet of water consumption.
Section 2. Subdivision B of Section 1, concerning the
minimum charges of any prior law is hereby repealed and is
--to be in~onformity 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:
WHEREAS, there has been duly presented anq introduced at
a meeting of this Town Board on the 2nd day of' December 1985,
a proposed Local Law Amending All Prior Local Laws with Respect
to the Minimum Charges for the Consumption of Water in 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,
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 16th
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 Incoronato
Roll Call Vote: 4 Ayes 0 Nays
3g3
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW AMENDING ALL PRIOR LOCAL LAWS
RELATING TO THE IMPOSITION AND CHARGE FOR
WATER RATES FOR THE CONSUMPTION AND USE OF
WATER FOR THE TALL TREES WATER DISTRICT
------------------------------------------
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 5 thereof.
Section 2. Section 5 of Local Law No. 1 of the year 1985
shall read as follows:
In addition to any rates heretofore set forth, there will
be 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 3. 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 4. 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 2nd day of December 1985,
a proposed Local Law Amending all Prior Local Laws Relating
to the Charge for Water Rates for the Tall Trees 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 16th
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 Incoronato
Roll Call Vote: 4 Ayes 0 Nays
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW AMENDING LOCAL LAW NO. 2 OF
1985, NO. 7 OF 1981 AND LOCAL LAW NO. 8 OF
1980 RELATING TO THE IMPOSITION AND CHARGE
FOR WATER RATES FOR THE CONSUMPTION AND USE
OF WATER FOR THE FLEETWOOD WATER DISTRICT
---------------------------------------------
Ii;
t~
tI
tJ
~;~
tI
\trJ
di
,.",..'.
_,"!
',-",
3~~ !
f
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:
L
section 2. The owner shall be obligated to pay the minimum
charge of thirty-one dollars ($31.00) each quarter, regardless
of consumption of water for said quarter, provided said owner
is 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:
l
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 2nd day of December, 1985
a proposed Local Law Relating to the Impositon and Charge for
Water Rates for the Consumption and Use of Water for the
Fleetwood Water District, and
WHEREAS, the provisions of 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 16th
day of December at 7:15 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 ~earing
3hall 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 Incoronato
~ Roll Call Vote: 4 Ayes 0 Nays
l
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW ESTABLISHING WATER RATES FOR
CENTRAL WAPPINGER WATER IMPROVEMENT AREA
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. Any and all prior local laws establishing
water rates for the Central wappinger Water Improvement Area
with respect to residential uses is hereby repealed, only with
respect to water rates and the prior laws are otherwise confirmed.
Section 2. The following water rates are hereby established
3&5
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.
Section 3. 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 2nd day of December 1985,
a proposed Local Law Establishing Water Rates for Central
Wappinger Water 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 16th
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 Incoronato
Roll Call Vote: 4 Ayes 0 Nays
The following proposed Local Law was reintroduced by SUPERVISOR
VERSACE:
A LOCAL LAW AMENDING LOCAL LAW NO. 14
OF 1984 AND NO. 5 OF 1976 ESTABLISHING
~~~-~~~~_~Q~_~~EE~~~~~_~~~~~_~~E~QY~~~~~_!!
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 A~ea #1 facilities:
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.
/b
~
~
~j
~
~
d
3~
The following Resolution was offered by SUPERVISOR VERSACE who
moved its adoption:
WHEREAS, there has been duly presented and reintroduced at
a meeting of this Town Board on the 2nd day of December 1985,
a proposed Local Law Establishing the Rates for the Wappinger
Sewer Improvement #1, and
l
WHEREAS, the provisons 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 16th
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
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 Incoronato
Roll Call Vote: 4 Ayes 0 Nays
from
.A Memo was received/the Comptroller informing the Board that
the Dutchess County Department of Civil Service has requested
l
that the positions presently held by Melva Laffin and Catherine
Bartolotti be classified as Civil Service positions. Both names
appear on the Certified List for the Town of Wappinger and it
is required that the Town Board certify these positions.
Mr. McCluskey noted that he had not seen any correspondence
from the Dutchess County Civil Service and normally these
appointments would be discussed at a work shop meeting before
being placed before the Board. He felt the matter required
more information before they could consider action. Mr. Versace
replied that he was not sure of how many more work shops they
would have this year and recommended that it be tabled for
~
the new administration.
l
MR. VERSACE moved to refer consideration of Civil Service
appointments for Melva Laffin and Catherine Bartolotti to the
new administration for their decision.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Unfinished Business:
At the last meeting the Board gave permission to Marlene Mills
Clerk to the Assessor, to attend a Training Course at Stone Ridge
3~7
t
Ridge, New York from December 2nd thru the 6th, which was
related to the reevaluation that is presently being conducted
in the Town. Catherine Bartolotti had also sent a letter
requesting permission to attend this school, but it seems to
have been misplaced and was not placed before the Board. A
second letter was forwarded to the Board requesting permission
~,<",
./"!';
:"0
for Mrs. Bartolotti to attend this Training School along with
Mrs. Mills.
MR. MCCLUSKEY moved to grant permission to attend the Training ~
School at Stone Ridge, New York, from December 2nd thru the 6th
and her legitimate expenses would be a Town charge.
Seconded by Mr. Incoronato
Motion Unanimously Carried
New Business---
A late correspondence was received from Mr. Kessler re a pending
trial on January 6, 1986 related to Brack Construction Tax Review
vs. Town of Wappinger; it is necessary to have auditors and
real estate appraisers prepare reports for this trial and both
the Attorney and the Assessor, Mr. Logan, have agreed that
t~
II
Nicholas Russo, an accountant, would be competent to do the
auditing, and Harold Fountain will be competent to handle the
appraisal and Mr. Kessler requested that the Board authorize
contracting with these two professionals for this work.
MR. VERSACE moved that Mr. Russo and Mr. Fountain be retained
to prepare reports for the above stated Tax Review trial, as
recommended by Mr. Kessler and Mr. Logan.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Correspon?ence was received from Tom Wilkinson, President of
~
the Pop Warner Football, Wappingers District relating to
consideration by the Town to pay the travel expense for the
11J
II
team to travel to Alexander City, Alabama on December 7, 1985
to play in the Russell Bowl, National Championship Game.
Mr. Versace noted that this was an honor for the team and for
our Town, considering the fact that the teams are chosen not
only on their athletic ability but also on their scholastic
average. In the past the Town has helped out the youth
programs that have advanced to either a state or a national level.
l
~
L
~
l
3~
The Town has donated in the past to the baseball team when they
achieved this honor and he felt that they should also help the
football team and authorize the expenditure of $800 for travel
expense to games in Stamford Connecticut and Alexander City,
Alabama.
MR. VERSACE moved to approve the expenditure of $800 for the
Pop Warner Football Team travel expense and the monies be
expended from Federal Revenue Sharing Fund for Joint Recreation,
and the Comptroller be authorized to transfer the money.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Versace read the following letter from Joseph Marcogliese,
P.E., Associate Sanitary Engineer with the New York State
Department of Environmental Conservation in White Plains,
regarding the Oakwood Knolls Sewer Treatment Plant, addressed
to the Town Board:
November 26, 1985
Gentlemen:
I am in receipt of a letter from the Town Clerk regarding
reference wastewater treatment plant. Please be advised that a
schedule be submitted to this office by December 13, 1985. The
schedule must have dates to bring the facility into compliance
by July 1, 1988.
Mr. Versace noted that a Special Meeting has been set for
December 5, 1985 at 7:30 P.M. for the specific purpose of
taking action on the preliminary report on the improvements
of the Oakwood Sewer Treatment Plant.
The last item Mr. Versace referred to was the following letter
of resignation from Florence Hadshian, Secretary to Supervisor
Versace:
Supervisor Frank Versace
Town Board Members
Town Hall
P.O. Box 324
Mill Street
Wappingers Falls, NY 12590
Dear Supervisor & Board Members:
Please accept my letter of resignation, effective January 1, 1986.
It has been my pleasure working with Frank Versace and the
members of the staff at the Town Hall. I have learned about
many aspects of Town Government and will always value my
experience as an employee of the Town of Wappinger.
Sincerely,
sl Florence Hadshian, Secretary to the Supervisor
3g1
~()
MR. MCCLUSKEY moved to send a letter of thanks to Florence
Hadshian for her services to the Town.
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.
~,o"
,>cc
'h~
;;tH
McCluskey and unanimously carried.
The Meeting adjourned at 8:50 P.M.
~
~~~~~
Elaine H. Snowden
Town Clerk
Reg. Bimonthly Mtg.
12/2/85
l;yj
tI
.J,
~4
II