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1981-01-07 Reorg201 The Reorganizational Meeting of the Town Board of the Town of Wappinger was held on January 7, 1981, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 7:26 P.M. Present: Louis,Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Supervisor Diehl appointed Nicholas Johnson as Deputy Supervisor, Leif Jensen as Confidential Secretary and Ann Buckley as Bookkeeper. Mrs. Snowden appointed Ethel Relyea as Deputy Town Clerk. Mr. Horton had indicated he wished to appoint Kenneth Croshier as Deputy Superintendent of Highways. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the following persons be and they hereby are appointed to the following offices and positions of employment with the Town of Wappinger to serve in such capacitytat the pleasure of the Town Board. Name Office Kenneth Croshier Constance Smith Joseph Ennesser Deputy Supt. Highways Town Historian Recreational Coordinator AND IT IS FURTHER RESOLVED, that the salaries otherwise fixed for the above designated offices and positions shall be paid to the holders of such offices and positions, with the exception that no compensation shall be paid to the holder of the office of Deputy Town Superintendent of Highways, and the Town Historian is to be paid on a semi-annual basis, payable every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9, 1981. Seconded by: Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that the annual salaries for the following named Town Officers and employees be and the same hereby are fixed and established at the following rates: Supervisor $ 19,250.00 Supt. of Highways 22,869.00 Town Justice 6,915.00 %j Town Justice 6,915.00 1 Councilman 4,373.00 1 Councilman 4,373.00 1 Councilwoman 4,373.00 1 Councilwoman 4,373.00 Town Clerk 17,092.00 Deputy Town Clerk 10,340.00 Comptroller 23,705.00 Assessor 21,175.00 Receiver of Taxes 14,399.00 Secretary to Planning Board 5,384.00 Secretary to Zoning Board 5,384.00 Recreational Coordinator 3,000.00 Confidential Secretary 600.00 and be it further RESOLVED, that the salaries of persons holding the aforesaid positions shall be paid with 26 pay periods throughout the year 1981, with the first payday to be January 9, 1981. Seconded by: Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Versace commented that he wished to go on record as approving all salaries as stated in the resolution with the exception of the Town Board Members and the Town Justices. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that the following persons be and they hereby are appointed to the following office and positions of employ= ment with the Town of Wappinger to serve in such capacity throughout the year 1981. NAME Melva Laffin Debra Brown OFFICE SALARY Clerk to the Comptroller Water & Sewer Billing Clerk $ 11,253.00 8,972.00 AND IT IS FURTHER RESOLVED, that the salaries fixed for the above designated offices and positions shall be paid to the holders of such offices and positions, payable every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that the salary for the Clerk to the Supervisor of the Town of Wappinger be and the same hereby is fixed and established at an annual rate of $8,250.00, to be paid every other Friday throughout the year 1981, with the first payday to be January 9th, 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays 203 The following resolution was offered by COUNCILWOMAN REILLY, who moved its adoption: RESOLVED, that the annual salary for Ann Buckley, Book- keeper to the Supervisor of the Town of Wappinger, be and the same hereby is fixed and established at the annual rate of $9,423.00, to be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the annual salary for Gladys Ruit, Secretary to the Town Clerk of the Town ofaWappinger, be and the same hereby is fixed and established at the annual rate of $11,919.00, to be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by Supervisor Diehl, who moved its adoption: RESOLVED, that the annual salary for Dorothy Hirsch, Clerk to the Building Inspector and Zoning Administrator of the Town of Wappinger, be and the same hereby is fixed and established at the annual rate of $9,962.00, to be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that the annual salary for Eleanor Croshier, Secretary to the Town Justices of the Town of Wappinger, be and the same hereby is fixed and established at the annual rate of $11,737.00, to be paid every other Friday throughout the year 1981, with the first payday to be January 9th, 1981. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Gloria Morse be and she hereby is appointed to serve as Assistant Secretary to the Town Justices of the Town of Wappinger, Dutchess County, New York, and it is further 4 RESOLVED, that the salary for the Assistant Secretary to the Town Justices of the Town of Wappinger be and the same hereby is fixed and established at an annual rate of $8,250.00, to be paid every other Friday throughout the year 1981, with the first payday to be January 9th, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN VERSACE, who moved its adoption: RESOLVED, that the annual salary for the following classified civil service positions in the Town be and the same hereby is fixed and established at the following annual rate: Gladys Timbo Hans Gunderud Hans Gunderud Clerk to the Assessor Building Inspector III Zoning Administrator $11,737.00 17,461.00 3,609.00 AND IT IS FURTHER RESOLVED, that the salaries of the persons holding such position shall be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the hourly rate for George Liebermann, part-time Deputy Building Inspector/Zoning Administrator, be and the same hereby is fixed and established at $5.00 per hour, to be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: RESOLVED, that the annual salary for Frances Frisina, Secretary to the Highway Superintendent of the Town of Wappinger, be and the same hereby is fixed and established at the annual rate of $11,253.00, to be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN VERSACE, who moved its adoption: RESOLVED, that the pay scale for the following categories of employees hired by the Town of Wappinger Highway Department be and the same hereby is fixed and established at minimum to maximum hourly rates: Heavy Motor Equipment Operator Light Motor Equipment Operator Laborer Foreman 205 the following $7.47-7.76 7.39-7.51 5.20-7.36 7.84-8.24 per hour per hour per hour per hour AND BE IT FURTHER RESOLVED, that all of such Highway Department employees engaged on an hourly basis shall be paid every other Friday throughout the year 1981, with the first payday to be January 9th, 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: RESOLVED, that the hourly rate for Robert Caccio, part- time Hydrant Inspector, under the supervision of the Highway Department, be and the same hereby is fixed and established at $5.00 per hour, to be paid every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be January 9th, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: RESOLVED, that the pay scale for all presently employed extra part time clerical employees engaged to perform services for the Town Board of this Town and/or its officers, officials, and agencies be and the same hereby is fixed and established at a maximum hourly rate of $4.00 per hour, and it is further RESOLVED, that all of such extra part timeclerical employees engaged on an hourly basis shall be paid every other Friday throughout the year 1981, with the first payday to be on Friday, January 9th, 1981. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays Before the vote wag taken`on this resolution, Mrs. Reilly felt that it should be clarified who would be included in the "extra part time clerical employees", since this maximum hourly rate did not include the summer help employed by the Recreation A discussion then followed on the proper wmrding which those employed on a temporary basis such as the summer Commission. would exclude program employees, and all agreed to add "presently employed" in front of "extra part time". MR. VERSACE moved that the hourly rate of all part time help hired (,0 206 after January 7, 1981, be approved by the Town Board. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Diehl recommended that Mr. Maurer, Chairman of the Recreation Commission be notified of this action so they would be aware of this when they were hiring summer help and make arrangements to supply the names and proposed hourly rate to the Board. The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: RESOLVED, that the pay scale for part time Town of Wappinger Vandalism Patrol Personnel engaged to perform certain services for the protection of Town parks, various other Town properties and performance of other such duties as may be assigned by the Town Board of this Town be and the same hereby is fixed and established at a maximum hourly rate of $5.50 per hour, and it is further RESOLVED, that all of such part time Town of Wappinger Vandalism Patrol Personnel engaged on an hourly basis shall be paid every other Friday throughout the year 1981, with the first payday to be on Friday, January 9th, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Mr. Versace objected to a raise for the Vandalism Patrol and was under the assumption that the Board had agreed not to raise the temporary part time people; it was not his understanding that the Vandalism Patrol came under the category of the personnel who would receive a 10% increase. The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: RESOLVED, that the salaries of all persons holding either full time or part time positions as otherwise fixed for these designated positions shall be paid to the holders of such offices and positions payable every other Friday throughout the year 1981, with 26 pay periods during such year, with the first payday to be on January 9th, 1981. RESOLVED, that the Comptroller of the Town of Wappinger be authorized to issue and pay the holders of these designated paydays of the year 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays 2!J7 The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that the firm of Corbally, Gartland and Rappleyea be and they hereby are employed and retained for the purpose of furn ishing to the Town Board, its officers and agencies, such legal advice and services as may be required and they shall receive compensation therefor in accordance with a proposal submitted to this Board. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace --Nay The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the firm of Rudolph E. Lapar, P.E., P.C., be and they hereby are employed and retained for the purpose of furnishing to the Town Board, its officers and agencies, such engineering advice and services as may be required and they shall receive compensation therefor in accordance with a proposal submitted to this Board. Seconded by: Councilman Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that all individuals hereinafter designated by the Town Board as Court Officers as such title is defined by the Uniform Justice Court Act have all those powers accorded to Court Officers by Law during such time they are actually serving in such capacity, and BE IT FURTHER RESOLVED, that the Town Justices of the Town shall designate and schedule the days and evenings such individuals shall serve as Court Officers, and BE IT FURTHER RESOLVED, that the Court Officers shall be compensated at the hourly rate of $4.40 for time actually served, and BE IT FURTHER RESOLVED, that the Town Justices shall submit to the Town Comptroller on a weekly basis the names and hours served and that the Town Comptroller be empowered to issue remuneration consistent with the foregoing from funds appropriated for Justice Court Personal Services, and BE IT FURTHER RESOLVED, that the following individuals be designated as Court Officers for the year 1981. Arthur Waddle Brenda Miller John Herring Gary McGregor Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay Mr. Versace commented that his "Nay" vote was not an objection to the appointment, but rather to the 10% increase for these part- time personnel. 603 The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that all of the official bonds and undertakings by the officers, clerks or employees of the Town of Wappinger may be in the form of a blanket undertaking from any duly authorized corporate surety and said undertaking shall indemnify the Town of Wappinger against the loss of the type more particu- larly set forth in Section II of the Public Officers Law. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that the Marshall & Sterling, Inc., a general insurance agency doing business in the Town of Wappinger, Dutchess County, New York, be and it hereby is designated as the insurance agent for this town. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that the Marine Midland National Bank of Southeastern New York, Dutchess Bank and Trust Company, the Chemical Bank of New York, the Chase Manhattan Bank, the Empire National Bank and the Fishkill National Bank, each being a banking institution maintaining banking rooms and offices in Dutchess County, New York, be and they each hereby are severally designated as depositories of the monies of this Town, and it is further RESOLVED, that the Town Clerk be and she hereby is directed to give notice of such designation to each of said banking institutions. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the W&SD News, a newspaper regularly published in the Town ofWappinger, Dutchess County, New York, and having a general .circulation in this Town, and being a newspaper entered as second class mail matter, be and the same hereby is designated as the official paper of this Town and it is further RESOLVED, that the Poughkeepsie Journal and the Evening News, and the Hornet, newspapers published in the County of Dutchess and having general circulation therein, be and they hereby are designated as additional newspapers for the publica- tion of Town notices, subject to the limitations of Section 64, Subdivision 11 of the Town Law of the State of New York, and it is further RESOLVED, that the Town Clerk be and she hereby is authorized and directed to give notice of such designation to 209 to the publishers of such newspapers. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that monthly meetings of the Town Board of the Town of Wappinger shall be held at 8:00 P.M., at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, in the evening of the 2nd Monday of each month, or at such other place or places within the Town of Wappinger as the Town Board shall from time to time designate. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the firm of Pelligrini and Sedore Certified Public Accountants be and they hereby are retained to audit the accounts and reports of the Town Supervisor, the Town Clerk and Town Justices for the Year 1980, and it is further RESOLVED, that the said accountants receive reasonable compensation for the productive services which they shall render to the Town in this connection. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace --Nay The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Clerk of the Town of Wappinger has numerous requests for the expenditure of small amounts of cash for postage, supplies, and miscellaneous items, for various departments of the Town of Wappinger. NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to establish a petty cash fund in the sum of $50.00 for the use of said Town Clerk. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that a petty cash account not to exceed the sum of $200.00 and the same hereby is established for the Receiver of Taxes, and it is further RESOLVED, that payments from said petty cash acm unt be made and that the Supervisor of this Town be reimbursed for advances made to such account in accordance with the provisions of Section 64, Subdivision la of the Town Law of the State of New York. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, Subdivision 10 of Section 29 of the Town Law requires that the Supervisor of each Town prepare and file with the Town Clerk within 30 days after the expiration of each fiscal year, an annual financial report accounting for all monies received and disbursed by him, together with the certificates or certificate of the bank or trust company where Town monies are deposited, showing the amount of such monies on deposit with said bank or trust company, and cause a certified copy of such report to be published in the official newspaper. WHEREAS, in lieu of preparing the report required by Subdivision 10 of Section 29 of the Town Law, the Town Board may determine, by resolution, that the Supervisor shall submit to the Town Clerk within 60 days after the close of the fiscal year, a copy of the report to the State Comptroller required by Section 30 of the General Municipal Law and the Town Clerk shall cause a summary of such report to be published within. 10 days after receipt thereof in a form approved by the State Comptroller in the official newspaper. NOW, THEREFORE IT IS HEREBY RESOLVED, that in lieu of preparing the report required by Subdivision 10 of Section 29 of the Town Law, the Supervisor shall submit to the Town Clerk within 60 days after the close of the fiscal year, a copy of the report to the State Comptroller required by Section 30 of the General Municipal Law and that the Town Clerk shall cause a summary of such report to be published within 10 days after receipt thereof in a form approved by the State Comptroller in the official newspaper. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, it has come to the attention of this Town Board of the Town of Wappinger that there are now or may be in the future funds and monies, except proceeds of loans and monies the investment of which is otherwise provided by law, belonging to the Town which are or which may be in excess of the amount required for immediate expenditure to pay current expenses and obligations, and WHEREAS, it is or it may be to the advantage of the Town to deposit and/or invest all or part of such funds in special time deposit accounts, or in certificates of deposit issued by, banks or trust companies located and authorized to do business in this State, short term obligations of the United States of America and/or the State of New York, and WHEREAS, it appears that the Temporary Deposit and/mr investment of such excess and surplus funds may be beneficial and profitable to the Town of Wappinger, 21.E NOW, THEREFORE, IT IS HEREBY RESOLVED, that the duly elected, qualified and acting Supervisor of the Town of Wappinger be and he hereby is authorized, empowered and directed to deposit and/or invest such surplus and excess funds of this Town in the aforesaid manner pursuant to Section 11 of theGeneral Municipal Law of the State of New York, and IT IS FURTHER RESOLVED, that such Temporary Deposits and/or investments shall be secured, registered or held, as the case may be in the manner prescribed by Section 11 of the General Municipal Law of the State of New York, and IT IS FURTHER RESOLVED, that the aforesaid Supervisor of this Town be and he hereby is authorized, empowered and directed to take all steps necessary from time to time to carry out and implement this resolution. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays MRS. MILLS moved that mileage reimbursement for Town Business remain at 18 per mile. Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved that Fedeli Galioto be recommended to Dutchess County Civil Defense for appointment to the position of Civil Defense Director for the Town of Wappinger for the year 1981. Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved that action on the vacancy on the Planning Board be tabled until the next meeting. Seconded by Mrs. Reilly Motion Unanimously Carried MR. VERSACE moved that Victor Fanuele be appointed as Chairman of the Town of Wappinger Planning Board. Seconded by Mrs. Mills Motion Unanimously Carried MRS. MILLS moved that Carol Waddle be appointed as Chairman of the Town of Wappinger Zoning Board of Appeals. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes Mr. Versace --Nay MR. JOHNSON moved to appoint Hugh J. Maurer as Chairman of the Town of Wappinger Recreation Commission. Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved to grant permission to all officers, officials and certain employees of the Town of Wappinger to attend the Association of Towns meeting, February 16th through February 18th, 1981, and that their actual and legitimate expenses be a Town charge. Seconded by Mrs. Mills Motion Unanimously Carried MR. VERSACE moved that Mr. Diehl be designated as Representative of the Town of Wappinger at the Association of Towns' Meeting. Seconded by Mrs. Reilly Motion Unanimously Carried MR. VERSACE moved that Mrs. Mills be designated as Alternate of the Town of Wappinger at the Association of Towns' Meeting. Seconded by Mrs. Reilly Motion Unanimously Carried Action on establishing the schedule of legal holidays for the Town for the year 1981 was tabled until the regular meeting in January since the employees planned to submit some changes in this schedule to the Town Board for their approval. Mrs. Snowden informed the Board that she had received a resigna- tion from James Vicalvi, one of the Assistant Dog Control Officers, and asked the Board if they wished to appoint another person to fill this vacancy. They did not have a name at this time, and Mrs. Snowden commented that they could use several people for,this work to help Mr. Nepfel, Dog Control Officer, with the many problems he was trying to handle. A Public Hearing had been held on a proposed Local Law Relating to the Collection of Water Rates for the Fleetwood Sewer District, on December 18, 1980. This was now placed before the Board for 213 their consideration as they had tabled action on the matter at a previous meeting for further review. MR. JOHNSON moved to adopt Local Law #1 of 1981 as follows: A Local Law relating to the imposition, charge and collection of water rates for the consumption and use of water for the Fleetwood Sewer District as well as the penalties and enforcement thereof. 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 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 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-seven and 64/100 Dollars 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 17,186 gallons $2.19/1,000 There shall also be one 1981 surcharge in the sum of $11.00 due February 1, 1981 and payable within sixty days thereafter. 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. Charges for water will be payable for the full quarter irrespective of the date of the last preceding meter reading. In the event that such readings shall cover a period in excess of three months, such charges shall be determined by the average charge for water for a three month period, such average to be determined by the last readings of said water meter. Section 2. Payment and Enforcement of Water 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 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 water charge, he may file an application for a refund of all or part of such water charge. 214 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. As to those customers served by water meter, if, after two attempts, the meter reader is unable to read any meter because of the unavailability of the property owner or due to any cause of user, notice shall be left at the property in a conspicuous place and the owner shall be billed for water usage on an estimated basis and the due date for paying the estimated bill shall be the same as if the meter had been read. The user or owner shall have opportunity to make an appointment for the meter to be read during any regular working day of the Town Comptroller within thirty days of mailing of estimated billing without penalty. Any meter reading made after thirty days of estimated bill mailing shall carry a ten dollar service charge. If the estimated bills are lower than the actual billing should have been on a prorated basis, the user shall be billed for the additional usage. If the estimated bills are higher than the actual billing should have been on a prorated basis, any overpayment made, at the discretion of the Town Comptroller, may be refunded or credited toward the follow- ing payment. Section 5. 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 6. This local shall take effect January 1, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace --Nay Mrs. Snowden then informed the Board she had received two bonds from Mr. Otto Klassen----a maintenance bond for East Salem Road, which had been amended as recommended by the Attorney to the Town, plus a performance bond for Peel Lane, which was acceptable to the Attorney. MR. JOHNSON moved to approve the amended maintenance bond on East Salem Road and the performance bond on Peel Lane, submitted by Mr. Otto Klassen. Seconded by Mrs. Mills MRS. MILLS moved to adjourn and carried. Motion Unanimously Carried the meeting, seconded by Mr. Johnson The meeting adjourned at 8:09 P.M. t f‘a.1.(Act aN4uA Elaine H. Snowden Town Clerk Reorg. Mtg. 1/7/81