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1980-12-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER YEAR END MEETING DECEMBER 22, 1980 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. TRANSFERS 4. ENCUMBRANCES ES 5. INTRODUCE Amendment to Local Law #2 of the year 1967 6. Adopt Local. Laws for 0 & M Sewer & Water Districts 7. Accept remainder of Reggie Drive as Town Road 8. Resolution Authorizing the filing of application for Federal & State 181 Grants - Sewage Treatment Plants 9. Appoint issuing Agent for Handicap Parking Permits 10. Authorize Supervisor to sign Sloper-Willen Contract 11. ADJOURNMENT • it 182 The Year End Meeting of the Town Board of the Town of Wappinger was held on December 22nd, 1980 at 7:00 P.M. at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. This meeting was set at the regular meeting of December 8th, 1980 and the New3Media had been informed of the time and place. Supervisor Diehl opened the meeting at 7:05 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Henry Cuatt, Comptroller The Comptroller had submitted a list of Budget Transfers to the Board as follows: Budget Transfers, Town Wide December 22, 1980 From: A1990.4 Contingency ---*5,718.00 to: Justice A1110a0 $1,201.00 Comptroller A1315.0 1,519.00 Town Clerk A1410.4 535.00 Central Comm., A1650.0 1,171.00 Central Data Proc. A1680.0 1,234.00 Historian A7510.0 50.00 Celebrations A7550.0 8.00 Part Town From: B1990.4 Contingency $943.00 to: Building & Zoning Youth Programs Social Security 211.00 708.00 24.00 Mr. Versace questioned the $1,201.00 transfer in Justice Court and was told by the Comptroller that was due to the purchase of the burglar alarm system and a new recorder plus the increase in various forms they use; under the transfer for the Comptroller in the amount of $1,519.00, this was due to the extra part time help which was originally budgeted for Building and Zoning. Since this help was used more in the Comptroller's Office than in the Building and Zoning, a surplus will show in the latter department. 01-4 183 Y D Under Central Communications, the reason for the transfer was due to the fact that the contract expired in the middle of the year, and.a sufficient amount had not been budgeted for the increase. When questioned on the transfer for Central Data Process, Mr. Cuatt explained that all three service bureaus were increased and this had not been anticipated; he did not have the exact amount of the increases available at the time and told the Board that these transfers did not have to be acted upon at this meeting; it could wait until January when additional information would be supplied. Mr. Versace then asked for a breakdown of the increases of the various services used by the Town. MR. JOHNSON moved to approve the transfers as requested by the Comptroller, under Town Wide. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes, Mr. Versace --Nay Mr. Versace clarified his "Nay" vote by stating that he preferred waiting for the breakdown on the Central Date Process item and felt that it didn't need action tonight, since the Comptroller had said the transfer could wait until the regular meeting in January for their consideration. MR. JOHNSON moved to approve the transfers as requested by the Comptroller, under Part Wbmn. Seconded by Mrs. Mills Motion Unanimously Carried The following Highway Budget Transfers were submitted by the Comptroller: Transferred from: DR5110.4 to DR5110.1 $5,000.00 DS5142.1 to DR5110.1 4,000.00 DS5142.4 to DM5130.4 , 3,000.00 MRS. MILLS moved to approve the Highway Budget Transfer as requested by the Comptroller. Seconded by Mrs. Reilly Motion Unanimously Carried The following list of encumberances were received from the Comptroller: Town Wide A9030.8 A9040.8 A9040.8 A9060.8 A7140.0 Part Town B9040.8 B9040.8 B9055.8 A9060.8 Social Security Workmans Compensation Life Insurance Hospital & Medical Ins. Playground & Recreation Workmans Compensation Life Insurance Disability Insurance Hospital & Medical Ins. Highway Encumberances-- DR5110.4 DR5110.4 DR5110.4 DR5110.4 DR5110.4 DR5110.4 DR5110.4 DB5120.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DM5130.4 DS5142.4 DS5142.4 DS5142.4 DS5142.4 Clove Excavators Edgerton Sales Agway Petroleum Agway Petroleum Dutchess Quarry Dutchess Quarry Queen City Distributors Montfort Bros. Brut Manufacturing B&K Auto Supply Tom Gates Auto Supply Hoose's Agway Hudson River Sales Linge Lumber McCallum Chevrolet N&S Plumbing Supply Urey Hardware Witchey Gas & Service B&K Auto Supply Tom Gates Auto Supply H.O. Penn Machinery Edward Ehrbar, Inc. International Salt Clove Excavators Package Pavement International Salt $5,125.00 23.00 878,00 18.00 350.00 714.00 990.00 1,968.00 1,302.00 $1,573.38 1,500.00 1,258.78 1,200.00 1,136.20 277.50 71.48 178.00 16.13 264.41 8.85 196.95 117.40 2.98 18.42 4.95 52.90 7.53 97.72 5.79 2,820.55 900.00 2,260.00 6,367.50 159.00 753.36 184 MR. JOHNSON moved to approve payment of the encumbered bills, as presented since they represented either services rendered or materials received, and were all documented by invoices and vouchers. Seconded by Mrs. Mills Motion Unanimously Carried The following Loeai L.aw Amending Local Law #2 of 1967 which regulates the establishment, construction, installation, extension, enlargement, acquisition, operation and use of water supply and distribution systems in the Town of Wappinger was introduced by COUNCILMAN JOHNSON: LOCAL LAW NO. 2 OF 1981 A Local Law Amending Local Law No. 2 of 1967 Be it enacted by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 15 of Local Law 2 of 1967 is amended by substituting the foregoing provisions in place of the provisions of that paragraph previously adopted: Any person found to be violating any provisions of this local law or failing to observe the provisions thereof may be prosecuted for such conduct, and upon such con- viction shall be guilty of a violation as defined by Penal Law Section 55.10, subdvision 3. Any person so convicted may be fined in an amount not exceeding $250.00 for each violation or be subject to imprisonment for a term not to exceed 15 days or both. Each day in which any violation of the local law shall continue shall be deemed a separate violation. In addition, or in the alternative to other remedies including the foregoing the Town Board or by any town officer designated by the Town Board may institute any appropriate action or proceeding to restrain, correct or abate any violation of the local law or to compel compliance with said local law. Section 2. This local law shall take effect upon filing with the Secretary of State. The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 22nd day of December, 1980, a proposed Local Law Amending Local Law 42 of 1967 which regulates the establishment, construction, installation, extension, enlargement, acquisition, operation and use of water supply and distribution systems in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of theTown 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 7th day of January, 1981 at 6:45 P.M. EST, on such day at the Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Public Hearings had been held by the Town Board on December 18, 1980 on the water rates of various sewer and water districts, and the matter was now placed before the Board for their consid- eration. However, before action was taken on these local laws, Mr. Diehl read the following memo relating to three of the districts that had not been increased: Memo To: Elaine Snowden Town Board Henry Cuatt Debbie Brown From: Louis Diehl Date: December 17, 1980 Subject: For record, Public Hearing's Water and Sewer Districts, Town of Wappinger. Central Wappinger Water ##1 Due to no increase in rates the rate to district water customers will remain the same for metered or nonmetered customers, $12.75 minimum per quarter and $.50 per 100 cubic feet. Industrial rate (example Fairchild) will remain as per local law ##1980, adopted on January 14, 1980. In conclusion, no increase, therefore no Public Hearing required. Wildwood Sewer District The rate of $37.00 per quarter will remain the same and again with no increase, no Public Hearing required. Wappinger Sewer ##1 District The rate of $37.00 per quarter will remain the same and again with no increase, no Public Hearing required. MR. DIEHL moved to adopt Local Law ##7 of 1980 as follows: A Local Law Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and use of Water for the Oakwood Water 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 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 con- nected 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-three ($33.00) 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. 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. Section 2. Payment and Enforcement of Water Rates A. _A11 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 existirmg 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 187 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 shall take effect January 1, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay MR. DIEHL moved to adopt Local Law #p8 of 1980 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 Water 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 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 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 Ten and 8g/100 ($10.89) 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 14,143/quarter $.77/1,000 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. 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 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. r� 188 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 lienor 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 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. 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 billshall be the same as if the meter had been read. The user or owner shall have oppor- tunity 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 theactual 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 following payment. Section 5. 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 6. This local law shall take effect January 1, 1981. Seconded by: Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace --Nay MR. DIEHL moved to adopt Local Law ##9 of 1980 as follows: A Local Law Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and use of Water for the Tall Trees Water 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 water rates are payable quarterly ending on the last day of the months of January, April, July and October and the minimum rate shall be payable even though no water is consumed, so long as the service shall beconsidered 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. 89 B. The owner shall be obligated to pay the minimum charge of forty ($40.00) 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. 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. 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 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. In addition to any rates heretofore set forth, there shall be one special water charge of $25.00 due February 1, 1981 only and payable within sixty days thereafter, said special charge to be separately billed by the district. Section 6. This local law shall take effect January 1, 1981. Seconded by: Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay MR. DIEHL moved to adopt Local Law *10 of 1980 as follows: A Local Law Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and use of Water for the Ardmore Water District as well as the Penalties and Enforcement Thereof. Be it enacted by the Town Board of theTown 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 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-two and 50/100 ($32.50) 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 19,080 gallons or 2,550 cu. ft. $.50/100 cu. ft. 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. 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 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 applicationfor 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. 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 Cr'.mptroller 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 following payment. Section 5. This local law shall supercede all prior local laws imposing water rates and penalties and providing for the /0 1j1 manner of collection thereof for this district. Section 6. This local law shall take effect January •l, 1981. Seconded by: Mr. Johnson Roll Call Vote: 4 Ayes Mr. Versace --Nay MRS. MILLS moved to adopt Local Law #11 of 1980 as follows: A Local Law Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and use of Water for the Watch Hill Water 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 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 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 -Five and 00/100 ($35.00) 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 2,500 cu. ft. $1.40/100 cu. ft. 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. 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 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, hemay file an application for a refund of all or part of such water charge. // 19 O. 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 following payment. Section 5. 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 6. This local law shall take effect January 1, 1981. Seconded by: Mr. Diehl Roll Call Vote: 4 Ayes Mr. Versace --Nay MR. JOHNSON moved to adopt Local Law #12 of 1980 as follows: A Local Law Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and use of Water for the Rockingham 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 February, May, August and November 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 Twenty-four and 20/100 ($24.20) 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. 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 193 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 superiorto 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 verified by him and shall set forth the amount of refund sought and the ground 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 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 Januaryll, 1981. Seconded by: Mr. Diehl Roll Call Vote: 4 Ayes Mr. Versace --Nay MR. DIEHL moved to adopt Local Law *13 of 1980 as follows: A Local Law Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and use of Water for the Mid -Point Park 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 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 of the owner. The minimum rate shall be payable even though the water has been shut off when such discontinu- ance has been made by someone not authorized by the district. B. The owner shall be obligated to pay the minimum charge of Forty and 70/100 ($40.70) 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. 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 hill 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 for a refund of all or part of such water change. 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. In addition to any rates heretofore set forth, there shall be one special water charge of $28.00 due February 1, 1981 only and payable within sixty days thereafter, said special charge to be separately billed by the district. Section 6. This local law shall take effect January 1, 1981. Seconded by: Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay Before the Local Law on the rates in the Rockingham Sewer District was adopted, Mrs. Alberta Roe was recognized by the Chair, and asked why this district was being increased and why was the hearing held after the decision was made to increase it. Mr. Diehl informed her that many work sessions were held on all the water and sewer districts to discuss the rates and every attempt was made to hold the line and not increase any district, however, this was an impossible task, under these inflationary circumstances. They have made all the cuts they could and hoped they hadn't gone too far with these cuts. Mrs. Roe then asked Mr. Versace if he agreed with the facts stated by Mr. Diehl; he agreed that they had held many work sessions to discuss these rates and he was uncomfortable with the figures presented, however, his main gripe was that the appropriations for the water and sewer districts were already in the budget presented to the Town Board. It was his belief that public hearings should have been held on these districts prior to the adoption of the budget ---the process is backwards. The public should be aware of the problems in their respective districts and the monies that would have to be appropriated to handle these problems. He was especially disturbed about Ardmore Water District 1(3 �i c3 going from $12.75 to $32.50 per quarter with only twenty residents in the district. Mr. Diehl interrupted to state that Ardmore was a real problem and he has asked the attorney to look for an alterna- tive for this district --if anyone wanted to cut it back they were welcome to; he felt that Rockingham had not escalated as much as the other ones, and that too, they could operate without an a 10% increase was justified, could be cut if increase. Mrs. it was decided that Roe did agree that but her argument was what were they doing about the odor and a lengthy discussion followed on the reasons for the odor, which at times are caused by the surrounding lowlands, and not by the plant itself. She was told that the increase in the rates was not intended to solve the odor problem. The plant is checked regularly by the State and samples are taken to the Department of Health and no violations exist. If an engineering study was made to determine the cause, the cost would be astronomical. When Mr. Diehl asked for comments from the Board, Mrs. Reilly stated that she agreed with Mr. Versace regarding the procedure they had followed this year and the acb ption of the budget and then the public hearings on the water and sewer rates; she too would like to see this format changed. Mr. Diehl then moved to adopt the Local Law on sewer rates for the Fleetwood Sewer District, and it was seconded by Mrs. Mills. Mr. Johnson felt that during their work shop sessions, they cut more from this district than they should have. Even though they had received a substantial amount on state aid, they still had upgrading of the plant to do, and in his opinion, they should take another look at the figures. Mrs. Reilly agreed. Mrs. Milts then reported that the Town had received a check from the New York State Department of Environmental Conservation in the amount of $13,653.65 for operation and maintenance reimburse- ment of expenditures from 1978 and 1979 in the Fleetwood Sewer District, and upon completion of additional work that has been mandated, the Town will receive further reimbursement. This money was especially helpful for this district since they do experience many breakdowns. Mrs. Reilly noted that they did anticipate an amount of $10,000 when they worked on the budget but the extra $3,000 was unexpected. When asked by the Rockingham ,„. 196 residents if they, too, could be included in these reimburse- ment programs, it was explained that they do receive aid which is put in their budget. In the case of Fleetwood, this plant was in dire need of repair and it took a lot of time and effort of the Board and Town officials to receive this aid, however, they would do the same for all the districts when the need arose. Mr. Diehl withdrew his motion on the adoption of the Local Law on Fleetwood Sewer District, and Mrs. Mills withdrew her second, and action was tabled until the Board reviewed the figures of this district. Mrs. Mills reported that all the water and sewer bills were now on computer and would go out on time and more efficiently. The next item on the Agenda referenced a resolution authorizing the filing of an application for a Federal and State Grant for Wappinger Sewer Improvement # 3, which were the laterals to Tri -Municipal. Mr. Diehl emphasized the fact that this resolu- tion merely was an application for Federal and State aid and in no way involved an expenditure, nor did it apply to the existing plants. Mr. Versace thought it was confusing and wanted to be assured it was not for the operation and maintenance of the existing plants, as had been previously discussed. Mr. Diehl further explained that the adoption of this resolution does not commit the Town to accept a grant, if it is approved, but in the event that they went ahead with the project, and the grant was approved, it would be there to use. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: Resolution Authorizing the Filing of an Application for a Federal and State Grant for the Construction of Necessary Sewage Treatment Works, Under the Appropriate Laws of New York State and the United States of America. WHEREAS, the Town of Wappinger herein called the "Applicant", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the construction of certain works, required for the treatment of sewage, generally described as Wappinger Sewer Improvement #3 - Facilities Plan (Step #1) to provide necessary sewage collection system facilities for the Town of Wappinger and identified as Project Number C-36-1259, herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately, and WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States of America has authorized the making ( 197 of grants to aid in financing the cost of construction of of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans and specifications in connection therewith, and WHEREAS, Chapter 659 of the Laws of 1972 of the State of New York provide financial aid for the construction of Water Quality Improvement Projects, and WHEREAS, the Applicant has examined and duly considered the Water Pollution Control Act, as amended and Chapter 659 of the Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize in connection therewith, NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger, 1. That the filing of application in the form required by the State of New York and the United States and in conformity with the Water Pollution Control Act, as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances contained in said applications. 2. That Louis D. Diehl, Supervisor is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additional information as may be required, 3. That, for the purposes of New York State Finance Law, Louis D. Diehl, Supervisor be designated as Fiscal Officer of said Applicant to receive and distribute funds as the authorized Fiscal Officer of the Applicant in connection with said Project, 4. That the Applicant agrees that it will fund its portion of the cost of construction of said Water Quality Improvement Project, 5. That five (5) certified copies of this Resolution be prepared and sent to the New York State Department of Environ- mental Conservation, Albany, New York together with the Federal and State application, 6. That this Resolution take effect immediately. Seconded by: Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays Mrs. Alberta Roe, being recognized by the Chair then asked the Board to answer a question she had regarding her tax bill -- four or five years ago when they were talking of Tri -Municipal, a sewer tax was levied on this bill and she wondered what this was for. She was in the Rockingham Sewer District, however this. district did not have a capital indebtedness and therefore pays no benefit assessment. Upon her insistance that this was on the bill, the books were checked and it was found to be a benefit assessment on Central Wappinger Water Improvement, but not on the sewer. 1(�{ i• 1 V The following resolution was introduced by COUNCILMAN JOHNSON, who moved its adoption: WHEREAS, James Klein, owner of certain property in the Town of Wappinger has offered to dedicate a parcel of land known as Reggie Drive in the Town of Wappinger, Dutchess County, New York to the Town of Wappinger, and WHEREAS, a performance bond has been posted to guarantee the completion of said road in accordance with the rules and regulations of the Town of Wappinger, and WHEREAS, the Highway Superintendent has found that Reggie Drive has been completed to Town Specifications, and has favorably recommended the acceptance of said Road as and for a Public Town Road, NOW, THEREFORE, BE IT RESOLVED, that Reggie Drive as more particularly described in a deed from James Klein to the Town of Wappinger dated the 24th day of October, 1980, is hereby accepted as a public highway in the Town of Wappinger, and it is FURTHER RESOLVED that it has a maintenance bond to guarantee that said road has been installed in accordance with said town's rules and regulations and a surety bond in the sum of 20% of the performance bond shall be posted in the Town of Wappinger, and be it FURTHER RESOLVED that upon the signing of the said main- tenance bond, the present 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 road upon acceptance shall be Reggie Drive. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays Mrs. Snowden had written a memo to the Board Members regarding the issuance of Handicap Parking Permits by Town Clerks. This had been a function of the Supervisor's Office, but due to the fact that all Supervisors are not full time and not always available, it was requested by the Department of Motor Vehicles in Albany, through telephone conversations with Mrs. Snowden, that in order to achieve conformity in the program, the Town Board adopt a resolution designating the Town Clerk as the issuing agent. The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the Town of Wappinger did adopt a Local Law in the year 1978 pertaining to the issuance of Handicap Parking, pursuant to Article 32, Section 1203-a of the Vehicle and Traffic Law, and WHEREAS, the provisions of Section 1203-a require that 109 an issuing agent be appointed to issue said permits, NOW, THEREFORE, BE IT RESOLVED, that Elaine H. Snowden, Town Clerk of the Town of Wappinger be and she hereby is appointed to be the issuing agent for the purpose of issuing Handicap Parking Permits in the said Town of Wappinger. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The Contract with Sloper Willen Community Ambulance Service, Inc. and the Town of Wappinger, having previously been sent to all Board Members, was now placed before them for their consid ation. Mr. Johnson had a question on the rates for the residents of the Town of Wappinger. It was his understanding that there would be a reduced rate due to the fact that the Town does contribute to them, and that this agreement had been made with them. Mrs. Snowden, speaking as a member of that Board, noted that as of the 1st of the year, other communities not contributing would receive an increase for this service for their residents, but our residents would not receive this increase; this, therefore, would actually be a reduction for the Town of Wappinger. Mr. Diehl tabled action on this matter for the next meeting. Mr. Johnson requested permission to advertise the public informa- tional hearing on the Tri -Municipal Project on January 5th, 1981, at Wappinger Junior High School, in the Hornet as well as the Wappinger & Southern Dutchess News. Lei. DIEHL moved that the Town of Wappinger Tri -Municipal Committee be given permission to expend whatever monies necessary to advertise the Public Informational Hearing on the project. Seconded by Mrs. Milts Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and carried. The meeting adjourned at 8:12 P.M. Year End Mtg. 12/22/80 Lulu^ t ��(k-171, k Elaine H. Snowden Town Clerk ii is AGENDA TOWN BOARD TOWN OF WAPPINGER REORGANIZATIONAL MEETING JANUARY 7, 1981 ii '`200 I. SUPERVISOR CALL MEETING TO ORDER II. ROLL CALL AFFIRM APPOINTMENTS BY: Supervisor for: Deputy Supervisor,' Confidential Secretary, and bookkeeper - Town Clerk for:: f Deputy Town Clerk - Highway Supt. for: Deputy Supt. IV. RESOLUTIONS 1. Appointing Personnel to various Town Offices & Positions 2. Establishing Salaries of Certain Classified Civil Service positions 3. Appointing Personnel to Comptrollers Office 4. Appointing Clerk to Supervisor 5. Setting Salary for Bookkeeper to Supervisor 6. Setting Salary for Secretary to Town Clerk 7. Setting Salary for Clerk to Bldg. Insp. & Zoning Adm. 8. Setting Salary for Secretary to Town Justices 9. Setting Salary for Assistant Sec't. to Town Justices 10. Establishing Salaries for Certain Civil Service Positions 11. Setting Salary for Part -Time Deputy Bldg. Insp./Zoning; 12. Setting Salary for Secretary to Highway Supt. 13. Establishing Pay Scale for Highway Dept. Employees 14. Setting Salary for Part -Time Hydrant Inspector 15. Establishing Pay Scale for Part Time Clerical Employees 16. Establishing Pay Scale for Part Time Vandalism Patrol 17. Authorizing Issuance and Payment for Paydays 18. Employing Legal Services for the Town 19. Employing Engineering Services for the Town 20. Designating Court Officers for Justice Court 21. Establishing the Amount of Undertakings by Officer: Employees 22 Designating Insurance Agent 2.3. Designating Depositories for Town Monies 24. Designating Official Newspaper 25. Designating Time and Place for Holding Town Board Meetings 26. Appointing Certified Public Accountant 2i. Establishing Petty Cash Fund for Town Clerk 28. Establishing Petty Cash Fund for Receiver of Taxes 29. Authorizing the Submission of the Supervisor's Annual Financial Report to the State Comptroller 30. Authorizing Supervisor to invest surplus funds 31. Establish Mileage reimbursement for Town Business 3 2. Recommend Civil Defense Director for Town of Wa'D Inger V. Appoint Planning Bd. Member (Dr. Millers term expires) VI. Appoint Chairmen - Planning Bd.: Zoning Bd.: Rec. Comm. VII. Grant Permission for attendance to Association of Towns Mtg. VIII. Appoint Representative & Alternate to Association of Towns Annual Meeting. IX. Establish Schedule of Legal Holidays for Town X. ADJOURNMENT r t �..[1;LL e�ltiu c'w lA (jitk t"G i (s r.7eJt-0.tet, ( 1 V.CtaLYc. J Q A Public Hearing was held by the Town Board of the Town of Wappinger on January 7, 1981 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law No. 2 of 1967, (Water Supply and Distribution Systems). Supervisor Diehl opened the Hearing at 6:58 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this hearing). Mr. Diehl asked for comments from the public on the proposed local law. Joseph Fulton asked if it was the intention of the Board to raise the fine. It was presently $150.00 and the intent was to raise it to $250.00. Mr. Fulton thought it should go up to $1,000. Leif Jensen also felt the fine should be more than $250.00, based on today tg economy. Fred Lafko suggested that it go up to $2,000 a day fine for the people who come under this law; in his opinion, it,did not affect his water firm. He disagreed with the time element in the publica- tion of notice of public hearing and thought it had to be thirty days before the hearing. When Mrs. Snowden informed him that it was five days on local laws, he persisted that this was different, it involved fine and imprisonment, therefore there should be more time involved than for a regular local law. He noted that the author of this law, Mr. Joseph Fulton, was present, and knew the - contents, and since Atlas Water was formed in 1960 and filed in 1964, this law did not apply to them, since the law was not retroactive. Mr.Lafko then asked what other water company this law affected besides (the Town's opinion) Atlas Water. He claimed they were passing a law that would affect one water company and he looks at this action as nothing but harassment. When the Town can obtain a court order against Atlas Water Company with this local law, then he will consider stopping his actions; he further stated that where the activity was going on was village property, not Town property, and he owned it. He suggested that the fine be set at $2,000.00 for those in violation of the law, not a mere $250.00; it wouldn't bother him since it did not affect his company. Charles Nadell, 30 Split Tree Drive---he was not exactly sure of what was going on except from what he read in the paper, nor was he sure of what the penalty was for or who it affected, but he would be in favor of a stricter fine for any utility--water, sewer etc. when they break Town Laws. As far as harassment goes, he felt perhaps Mr. Lafko was the harasses by his actions. He asked about the boundary of Cranberry Hills--he understood it was at the end of Split Tree Drive. Mr. Joseph Fulton then asked if the Notice of Publication stated the $250.00 fine and Mrs. Snowden explained that the Local Law was not printed in its entirety, merely what it pertains to, when it was introduced by the Town Hall, the date and time and place of the public hearing and the fact that the Local Law was on file in the Town Clerk's office and could be viewed at any time during working hours. Mr. Fulton then said he thought the publication was defective due to the fact that the points of the law were not published, and the Board should check with the attorney. Mr. Lafko objected to the wording in the publication since it did not specify what Section they were amending. Mrs. Mills moved that the Public Hearing be closed, seconded by Mrs. Reilly and carried. The Hearing closed at 7:18 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW AMENDING LOCAL LAW #2 OF 1967, (WATER SUPPLY AND DISTRIBUTION SYSTEMS) PERTAINING TO THE SECTION ON VIOLATIONS AND PENALTIES AND ENFORCEMENT THEREOF STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 24, 1980, your deponent posted a copy of the attached Notice of Public Hearing on a proposed Local Law #1 of 1981, Amending Local Law #2 of 1967, (Water Supply and Distribution Systems) Pertaining to the Section on Violations and Penalties and Enforcement Thereof, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wippinger, Mill Street, in the village of Wappingers Falls, Dutchess County, New York. Sworn to before me this day of 1981. Nota Public VIRG;! in 'R. ilei: r, re L:; J :rs':er'eStahl fleaic:oa to r,linty }F�� C:nitats.t.r. t+StRa +ia•�1,1 30. re ct-) iii LU.4^ ° i t Elaine H. Snowden Town Clerk W. and S. NEWS DISPLAY ADVERTISING • CLASSIFIED ADVERTISINC _ 914.297.3723 84 EAST MAIN STREET • WAPPINGERS FALLS I1t.:tttr: 1laat= Tho. dui prussnt an In- troduced before -Me own now of thr rTownof Wrappings' Outdone County.,:. ++N.asllodror.Dsosnnbsr?Tnd.1Ye0t Lapromoted 2-01987. (Water Ing and DletrIbutlonr Syetamep Pertaining to ?r. the- section:, an Violation/ft- and,4" perrttleawrd 8nrotcenent Thswota. °' NOflCB * RIIITMER+;ANEN that.'., 'the Town Dowd oftioTown of Wapp. ;'Ing.rwUt oonduot.Publk Hearing on tl the aforesaid proposed local taw at the Town Mar. MINNStrest. Wappinger Falls? N NierroitedloTort,ttw 7th day, of. • January, .19a1; at 946• P.M. EMT on. such date at which time all In.; Awaited w edwbeh.artf.i: A ISS PURTMER GIVape the cap the "at4rssatd -proposedAmid LasiowliS•br available ter row_ sin/nation and Inspection at t ooffloe of the Town Clerk of the Town ol.Wap- f pl�gsr lm the Town Hall between the hours at *OD /.M:. and *CO P.M: EST on W buslnessdsys between the date of this notes and the.. da W of the- pt. SNOWDEN Town Cleric -Town-of W o.tsdd:Deosinber.2% 19*: AFFIDAVIT OP PUBLICATION State of New York. County of Dutchcss. Town of Wappinger. Bs'itric! Oet.n of the Town of Wappinger. Dutcbeu County, New Yak. being duly swan. says that he la, rind at the several... rimes hereinafter was, tbef for&itto.pPuhliehenf W. & S.D. NEWS. a newspaper printed and published . every Thursday in the year to the Town of Wappinger. •Dutcbess County, New York. and that the annexed NOTICE was duly published in the said newspaper for ....ODIR i.week succeulvely...once . • to each week. commencing on the...24th.. day of.. Deis. b•k+ • • • 19.4Q and on the following dates thereafter. namely on r• • • and ending on the... 24th . day of.. Dsseiber ..• 19Q both days inclusive. Subscribed and sworn to before the this ?.4th .... day of Deoemaiipr Notary Public My commiuton expires tta•§9 ALBERT M. OSTEN ti"T.'l P'' Sr� CF YORK (3W+TY c.a'Ii+(,;;;;;:, r +viol co MARCH .?0, 1912