Packed in here is letter I hand delivered to Town Super
Tammie Wilczak
Verona NY 13478
November 1st 2004
To: Town of Verona Board Members, David Reed, Darrel Curtis, Scott Masacchio, Kenneth Brewer, Paul Thompson,
RE: Water Department Late Penalties and New York State Consolidated Town Law Article 12 Section 198 (3) (d).
Gentlemen, Please address this issue in Public forum. The Town law regarding water late penalties that was adopted in 1997 (153-44 is the law number) is in violation of the New York State Consolidated Laws Town Law Section 198 (3) (d). I previously had called (on the phone) some of you and stated that the percentage rate on the water billing is inconsistent with the law. Mr. Brewer stated that when the State Comptrollers Office tells him different then he will change things. Mr. Paul Thompson said he would look into it. Mr. Scott Masacchio was unavailable at the time. Mr. Darrel Curtis was sent the law which he sent to Mr. Douglas Lueneberger, which also was sent to Mr David Reed. Having two members of law on the board I would think that the Town Board members would oversee that the New York Consolidated Laws are enforced. I have contacted the Comptrollers Office, Senator Meires, Assemblyman Townsend and Commission of Investigations, Department of State, and New York State Attorney General. I am to inform you that you are in violation of Section 198 (3) (d) under Town law ( Article 12). This section of the law states that arrears for water charges are not to exceed Ten (10) percent of the amount due. There is to be no law adopted that is inconsistent with the NY State Laws. This can be found in “Chapter IV Local Government Home Rule Power“: heading under; Restrictions on Local Law Powers. The Law reads as follows “ The local law must be consistent with ALL general State Laws and with the Constitution” , enclosed is the page from Chapter IV Local Government Home Rule Power This matter needs to be corrected to conform to New York State Laws. Please see that it is corrected with in a time frame of the next billing period, January 2005.
Sincerely,Tammie WilczakSignature
CC US Attorney General Elliot Spitzer New York State Comptroller A. Hevesi
Enclosed is Restrictions on Local Law Power NY State Consolidated law Town law 198 (3) (d) Article 12
<< Home