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1975-05-19 SPM1'75 A Special Meeting of the Town Board of the Town of Wappinger was held on May 19, 1975 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Notice of said meeting was mailed to each Board member on May 14, 1975, calling the meeting for May 19, 1975 at 7:00 P.M. for the purpose of acting on Central Wappinger Water Contract #7, also to discuss increase of building permit fees with the Building Inspector and any other business that may properly come before the Board. Supervisor Diehl called the meeting to order at 7:26 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Nr. Norman Nussbickel, President of the Wappingers Falls Chamber of Commerce was present -to speak on the subject of the Rock Concert that presumably was to be held at Parkers World. He had spoken to a man who identified himself as James Tennis who wished to speak to the Chamber and the Officials of Wappinger regarding a concert. He told Mr. Nussbickel he intended to make surveys on health, traffic safety, etc. Mr. Nussbickel was personally against this concert being held, but he was not speaking on behalf of the Chamber of Commerce. He just was present at the meeting to inform the Town Board of the communication he had had with Mr. Tennis. The Board then went to the business on hand. A request was put before them from the Building Inspector to increase rates for building permits. Mr. Hermans presented the following chart to the Board: 176 SUGGESTED BUILDING PERMIT FEES BUILDING PERMITS Estimated Value of Construction: Up to $1,000 - minimum fee For each additional $1,000 or fraction thereof, up to and including $50,000 For each additional $1,000 or fraction thereof, exceeding $50,000 ALTERATIONS & REPAIRS Costing up to $1,000 For each additional $1,000 thereafter DEMOLITION Costing up to $1,000 For each additional $1,000 $10.00 2.00. 1.00 10.00 2.00 10.00 2.00 Mr. Hermans also presented the following Comparison Sheet of the Towns of Poughkeepsie, East Fishkill, and Fishkill: COMPARISON SHEET OF THE SCHEDULE OF FEES TOWN OF POUGHIEEPS IE : $5 up to & including $1,000 1.50 1.00 .75 .50 per 1,000 up to & including $50,000 100,000 500,000 500,000 issued over " in 1974 440 permits thru April of this year 84 permits issued Plumbing fixtures charged by the P1.Insp. TOWN OF EAST FISHKILL: $10 up to and including $1,000 $ 4 per $1,000 up to and including $15,000 $.2 per $1,000 up to and including $100,000 $ 1 per $1,000 over $100,000 no charge on P1. Fixtures in 1974 128 permits issued thru April of this year 39 TOWN OF FISHKILL: $3 per thousand up to and including $50,000 $1 per thousand over $50,000 no charge on pl. fixtures in 1974 148 permits issued (57 thru April of this year 27 MR. CLAUSEN moved to adopt the as recommended by Mr. Hermans, Seconded by Mr. Saland. Roll Call Vote: 5 Ayes f T commercial) $4 per ($10 minimum) $ncrease in Building Permit Fees Building Inspe.atort The Town Clerk read a proposed Local Law regulating assembly of persons in public places in the Town of Wappinger. There was discussion by the Board on the amount of people assembled at one time, that of 10,000. The members felt it should be 5,000. MR. DIEHL moved that the wording in the Local Law be changed from 10,000 to 5,000 people assembled at one time. Seconded by Mr. Saland. Roll Call Vote: 5 Ayes MR. DIEHL introduced the following proposed Local Law: A local law regulating the assembly of persons;in public places within the Town of Wappinger, Dutchess County, New York. Be it enacted by -the Town Board of the Town of Wappinger as follows: Article 1 -- Purposes SECTION 1 This Town Board, in order to promote proper government and to insure the proper protection, order, conduct, safety, health, welfare and well-being of persons or property within the Town of Wappinger, Dutchess County, finds it is in the public interest::to enact this local law. This local law shall regulate the assembly of persons, where such assembly exceedsfive thousand-( 5;000) persons,:in public places within the Town of Wappinger, Dutchess County. Article II -- Definitions SECTION 2.1 Definitions Unless otherwise expressly stated, the following terms shall for the purposes of this local law, have the meaning herein indi- cated. Words used in the present tense include the future; the singular number includes the plural and the masculine shall in- clude the feminine. PERSON shall mean any individual, firm, company, association, society, corporation, or group. SHALL is mandatory; MAY is permissive. TOWN OF WAPPINGER or TOWN shall include the Town Board of the Town of Wappinger ASSEMBLY shall mean the gathering collecting or congregating of persons with or without the levy of an admission fee. PUBLIC PLACE shall mean a place to which the public or a sub- stantial group of persons is invited or has access. BUILDING shall mean a structure wholly or partially enclosed within exterior walls and a roof, of permanent or temporary nature affording shelter to persons, animals or property. STRUCTURE shall mean a combination of materials to form a construction that is safe and stable and includes among other things, stadiums, stages, platforms, radio towers, sheds, storage bins, tents, billboards and display signs. Article III -- Permit to be issued by Town SECTION 3.1 No person shall use, allow, let or permit to be used property for the assembly of persons in excess of five thousand ( 5,000) unless a written permit authorizing such use shall have been ob- tained from the Town Board. SECTION 3.2 Application for such permit shall be by verified petition addressed to the Town Board and shall be filed with the Town Clerk at least ninety (90) days prior to the date upon which'such as- sembly is contemplated. And a copy of such petition shall be mailed to each member of the Tom Board on the day that it is filed yith the Town Clerk by certified mail, return receipt req- uested. Such application shall include the following written material: a. A statement of the name, age and residence address of the applicant; if applicant is a corporation, the name of the i7' corporation; the names and addresses of directors; if the appli- cant does not reside in the Town of Wappinger, the name and address of an agent who shall be a natural person and shall ,reside or have a place of business in the Town of Wappinger and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations. b. A statement containing the name and address of the record owner of the property and the nature and interest of the applicant therein; the proposed dates and hours of such asseMbly; the expected maximum number of persons intended to use. the proper- ty at one time and collectively; and the purpose of the function, including the nature of the activities to be carried on and the admission fee to be charged, if any. c. A map showing the size of the property; the zoning district in which it is located; the names of the record owners of the adjoining properties; the streets or highways abutting said property; the size and location of any existing building, build- ings or structures or of any proposed building, buildings, or structures to be erected for the purposes of the assembly. d. A plan or drawing showing the method to be used for the disposal of sanitary sewage. e. A plan or drawing showing the method to be used for the supply, storage and distribution of water. f. A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall provide one parking space for every four persons in. attendance. .-4,5 A statement containing the type,. number an 1ocation 180 lif ier loud speaker, of any radio device, sound amp p , sound truck or other similar sound equipment. h. A statement specifying whether food or beverage is intended to be prepared, sold or distributed. If food or bever- ages is intended to be prepared, sold or distributed, a statement specifying the method of preparation and distribution of food or beverage and the method of disposing of any garbage, trash, rub- bish or other refuse arising therefrom. If a person, other than the person applying for the permit will be engaged in the sale and distribution of food or beverage, the name and address of such person shall be submitted. All garbage, trash, rubbish or other refuse shall be stored until removed at an unobtrusive area of the premises in securely covered containers. Such containers shall be maintained in a sanitary condition and shall be cleaned at least daily. No garbage, trash, rubbish or other refuse shall be removed from the premises between the hours of 11:00 P.M. and 7:00 A.M. i. A statement specifying whether any private security guards or police will be engaged and, if so, the names and addres- ses of such persons, and the duties to be performed by such per. - sons. j. A statement specifying the precautions to be utilizec for fire protection, and a map specifying the location of fire lanes and water supply for fire control. k. A statement specifying whether any outdoor lights or signs are to be utilized and, if so, a map showing the number, location, size, type and luminating power of such lights and signs. In addition, no light on any part of property o assembly shall be permitted to shine unreasonably beyond the property line,,. 181 of the property. All exterior lights on the property shall be so situated or equipped with shielding devises so that no unreason- able glow shall shine beyond the property line of the assembly. 1. A statement specifying the facilities to be avail- able for emergency treatment of any person who might require im- mediate medical or nursing attention. m. A statement specifying whether any camping or housing facilities are to be available and, if so, a plan showing the intended number and location of the same. n. A statement that no soot, cinders smoke, noxious acids, fumes, gases or unusual odors shall be permitted to unreas- onably emanate beyond the property line of the assembly. ,o. A statement that no music shall be played in any place of assembly, either by mechanical device or live performance in such a manner that the sound emanating therefrom shall be un- reasonably audible beyond the property line of the place of assem- bly. p. A statement that no loud, unnecessary or unusual noise shall be permitted to be made, continued or caused to be made or continued so as to be unreasonably audible beyond the property line of the assembly. A statement that no law, ordinance, rule or regulation appli- cable to the place of assembly or enforceable by any governmental authority will be violated and that the regulations of the New York State Department of Labor) Board of Standards and Appeals for places of public assembly will be adhered to. SECTION 3.3 The Town Board, before issuing any permit, shall require the tti) ttt applicant to get the approval of any or all of the following ap- plicable governmental agencies: a. The New York State Health Department, The County Health Officer and the New York State Water Resources Commission as to any proposed sanitary sewage disposal system. b. The New York State Health Department, the Town Build- ing Inspector, the Town. Health Officer, and the New York State Water Resources Commission as to any proposed system for the sup- ply, storage and distribution of water. c. The Dutchess County Highway Department, the New York State Department of Transportation, the Dutchess County Sheriff's Department, the New York State Police, the Chief Engineer of the controlling Fire District, the Fire Commissioners of the control- ling Fire District, and the Fire Advisory Board of the County of Dutchess as to the proposed parking area. d. The Zoning Board of Appeals and Building Inspector a; to the proposed type, number and location of any sound producing equipment. e. The New York State Health Department and the County Health Officer as to the proposed method of preparing, selling or distributing food or beverage and the removal of trash, rub- bish or garbage arising therefrom. f. The Dutchess County Sheriff's Department and the New York State Police as to any proposed private security or police protection. g. The Chief Engineer of the controlling Fire District, the Fire Advisory Board of Dutchess County and the Fire Coordina- tor of Dutchess County as to any proposed fire protection system. h. The Zoning Board of Appeals and Building Inspector as to any proposed outdoor lights and signs. 183 I i. The New York State Health Department and County Health Officer as to any proposed facilities for emergency medical 4 or nursing treatment. j. The Town Building Inspector and the Zoning Board of Appeals as to any proposed camping or housing facilities. SECTION 3.4 a. No permit shall be issued unless the owner and his tenant or licensee, if any, shall furnish the Town with written authorization to permit the Town or its lawful agents to go upon the properiy for the purpose of inspecting the same, providing adequate police and fire protection and protecting persons and property from danger. b. No permit shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy insuring the Town against liability for damage to persons or pro- perty withrlimits of not less than $500,000.00 - $1,000,000.00 for bodily injury or death and limits of not less than $500,000,00 for property damage, sufficient in forra to save the Town harmless from any liability or causes,of action which might arise by rea- son of the granting of the permit, and non -cancellable without ten (10) days prior written notice to the Town. 1 c. No permit shall be issued unless the applicant shall deposit with the Town Clerk cash or good surety company bond, ap- proved by the Town Board, in the minimum sum of $500,000.00 and conditioned that no damage will be done to any public or private property and that the applicant will not permit any litter, debris or other refuse to remain upon any public or private property, by reason of the granting of the permit; which cash shall be refunded or surety company bond cancelled upon certification to the Town Board by the Building Inspector that all conditions of this local law have been compiled with. SECTION 3.5 The Town shall deny the issuance of a permit if it shall find that any of the items as set forth in Section 3.2 of this local law are insufficient to properly safeguard the safety, health, wel- fare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in Section 3.3 of this law is not obtained. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of thirty (30) days •after a full submission to it by an applicant, except by an extension in writing given by the applicant. SECTION 3.6 If after a permit is issued,. the Town Board through its law- ful agents determine that any of the items as set forth in Sec- tion 3.2 of this local law and as specified in the applicant's verified petition in support of the application for a permit is not adhered to and accomplished within a reasonable time of the date or dates set for the assembly through the time of the assem- bly, or if the necessary approval of any governmental agency as set forth in Section 3.3 of this local law is revoked at any time, such permit shall become null and void. Article IV -- Fees SECTION 4.1 The applicant shall pay to the Town a fee of $100.00 at such time as he submits his application, which fee shall be returned by the Tom if such permit not be issued. Article V -- Enforcement and Penalties 185. SECTION 5.1 Any person who shall use, allow, let or permit to by used property for the assembly of persons in excess of five thousand ;000) or any person who shall cause the gathering, collecting or congregating of persons in excess of five thousand (:5,000) persons in public places without having a written permit in accordance with the provisions of this local law shall be deemed to have violated this local law. Any person who commits or per- mits any act in violation of any of the provisions of the local law shall be deemed to have committed a misdemeanor, and shall be liable for the penalties provided. A separate offense against this local law shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense. SECTION 5.2 For each violation of a provision of this local law the per- son violating the same shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed one year, or both such fine and imprisonment, pro- vided, however, that fines for corporations shall be those speci- fied in Penal Law 80.10 for which a term of imprisonment in ex- cess of three months is authorized or in the alternative, any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense. SECTION 5.3 Any person violating this local law shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $100.00 for each offense. SECTION 5.4 In addition to the above provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such local law. Article VI -- Separability SECTION 6.1 Should any section or provision by the Courts to be unconstitutional shall not affect the validity of the of this local law be decided or invalid, such decision local law as a whole or any part thereof other than the part so decided to be al or invalid. Article VII -- Effective Date SECTION 7.1 unconstitution- This local law shall become effective after filing in the office of the Secretary of State, State of New York. Seconded by: Mr. Saland The following Resolution was offered by COUNCILMAN SALAND who moved its adoption: WHEREAS, there has been duly presented and introduced at a special meeting of this Town Board held on May 19, 1975, a proposed local law, entitled "A Local Law Regulating the Assembly of Persons in. Public Places within the Town of Wappinger" and, WHEREAS, the provisions of the Municipal Home Rule Law require 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 as follows: 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 3rd day of June, 1975, at 8:00 P.M., EDT, on such day, at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, 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: Mr. Versace Roll Call Vote: 5 Ayes Supervisor Diehl called a recess at 8:15 P.M. The meeting was called back to order at 8:54 P.M. All members of the Board were present. The following letter was received from Rudolph Lapar with a recom- mendation of awarding bid for Central Wappinger Water Improvement, Contract #7. April 18, 1975 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Improvement Contract #7 Gentlemen: On April 4, 1975 at 11:00 A.M., bids for the above contract were opened and read by the Town Clerk. The results were as follows: Dave Alexander, Inc. Rebena Construction Co., Inc. Calcagni Construction Co. K&A Excavating Contractors, Inc. Elmar Equipment Corporation BBC Contractors Co., Inc. $318,872.00 323,551.00 331,061.00 351,634.00 364,718.00 400,660.00 We have examined the bid of Dave Alexander, Inc. and find it to be in order. It is, therefore, our recommendation that the Town Board award the contract to Dave Alexander, Inc., the low bidder. We further recommend that the contract be signed as soon as possible because material delivery dates and other inflationary pressures will magnify any delays. Enclosed are bid analysis sheets for your perusal. Thank you. Very truly yours, s/ Rudolph Lapar MR. SALAND moved to accept the recommendation of Mr. Lapar, award the contract to Dave Alexander Inc. as low bidder, and authorize the Supervisor to sign the contract. Seconded by Mr. Clausen. Roll Call Vote: 5 Ayes Mr. Rappleyea reported that he had written to the Department of Audit & Control for an opinion on a refund of excess monies in Oakwood Knolls Sewer District, O&M account. He had a verbal O.K. that these monies did belong to the original owners in the District and the monies could be applied either to the reduction of O&M rates, or the residents could be given rebates. Audit & Control did not really favor the latter action, but it has been done in the past, and if that's the way the Board wanted to go, it could be done. MR. VERSACE moved that the excess amount of money in the O&M account of the Oakwood Knolls Sewer District be paid back to the property owners as they appear on the Assessment Roll as of May 1, 1975. Seconded by Mr. Clausen. Roll Call Vote: 5 Ayes MR. CLAUSEN moved to adjourn the meeting, seconded by Mr. Saland, and unanimously carried. The meeting adjourned at 9:01 P.M. Elaine H. Snowden Town Clerk Spl. Mtg. 5/19/75