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1966-12-22 SPMThe Town Board of the Town of Wappinger met December 22, 1966 at 7:00 P.M. at the Town Hall, Mill St., Wappingers Falls, for the purpose of holding a Public Hearing on the proposed Local Law #2; and, an Adjourned Hearing on a review of a contract for the purchase of L & A Sewage Disposal Plant. Present: Joseph H. Fulton, Supervisor Louis Diehl, Councilman Others present: Harold H. Reilly, Attorney to Town Joseph Ludewig, Bldg. Inspector Knud Clausen, Highway Superintendent Supervisor Fulton opened the first hearing on Local Law #2 pertaining to Water Supply and Distribution systems in the Town of Wappinger at 7:15 P.M.. The Clerk read the following notice of Public Hearing: NOTICE IS HEREBY GIVEN that there has been duly presented to and intro- duced before the Town Board of the Town of Wappinger, Dutchess County, New York, on'December 8, 1966, Local Law No. 2 of the year 1966 entitled, "A Local Law reg- lating the establishment, construction, installation, extension, enlargement, acquisition, operation and use of water supply and distribution systems in the Town of Wappinger." NOTICE IS FURTHER GIVEN that the Town Board of the Town of Wappinger will conduct a public hearing on the aforesaid proposed Local Law at the Town Hall, Mill Street, Wappingers Falls, Town of Wappinger, Dutchess County, New York, on the 22nd day of December, 1966, at 7:00 o'clock P.M., on such day, at which time all parties interested will be heard. William Bulger,Justice of the Peace Elaine H. Snowden, Town Clerk Elaine H. Snowden Town Clerk Dated: December 8, 1966 Town of Wappinger, Dutchess County New York The Clerk offered for the record the affidavits of Posting and Publication, duly sworn to and notarized. Mr. Fulton asked if anyone present wished to speak in favor of this Local Law. There were none. Mr. Fulton asked if anyone present wished to speak in opposition to this Law. Louis Eck asked that the Law be read through, and after the reading that Mr. Reilly or Mr. Fulton explain it, as he said he didn't understand it, and doubt- ed if many others present did. Mrs. Snowden read Local Law #2 in its entirety. Mr. Fulton briefly explained that just as sewage comes under Transportation Corp. Law, so this Law parellels these laws with water. It would give the Town the right to deny or allow a water system to be put in. He expects amendments, and Town specifications would follow. Mr. Eck interpreted a part that a man would have to come to the Town Board before he drills a well. Mr. Brancato, after examining the proposed Local Law, felt that in its present state raises more questions and creates more problems than it resolves. He re- marked that it not only affected the Developer, but the individual as well. He asked the Board the following questions: Will all wells servicing more than 200 homes fall within the coverage of this law, no matter of relationship of owner is of those homes? Will the proposed law effect all pipes to all lots, including those granted to connect easements? Will it effect all houses with more than 4 tenants, including houses with 4? Must a person maintaining property comply with local law before repairing ? Complying with the law could result in a major emerg- ency, applying to water resources commission, the County Department of Health, Public Service Commission and other governmental agencies, all statutes, rules, regulations. What do we mean by other governmental agencies, etc. In conclusion, 1 would appreciate the Tloard informing the public as to whether or not the Public Service Commission office is local government. If such consultation has been had, I think the Board should advise the public of the results they found out, at some detail. Such a law would result in litigation and expense to the taxpayers. Suff- icent publicity has not been given to the law to inform boarding house keepers, motels, hotels. I don't think there are too many business people that are aware what this law consists of. It doesn't spell out any time limit on anything, the same with Town Board, Town Superintendent of Highways, and County Superintendent of Highways. I think this proposed law is a bad one because it can adversely effect homeowners in the Town of Wappinger. I think in your trying to control development in the area, not only are you tampering with future developments and businesses in the area, but also those that are in the Town today. Mr. Fulton: It was my opinion that Mr. Brancato had been completely misadvised or had not correctly interpreted the law. Mr. Brancato said he had checked with attorneys upstate and with governmental agencies. They looked upon the proposed law as putting a tremendous amount of power into hands of the Town Board. He felt it was a cumbersome law. Mr. Cortellino was pleased to see some efforts on the part of the Town. He felt the Public Service Commission does a very fine job, but doesn't mean that one has to go exactly by them and this can create problems. Louis Alpert believed the motivation for this law is the fact that things have not been enforced that have existed. If things were investigated maybe there wouldn't be the need for a local law. Mr. Eck remarked that the Wappinger Chamber of Commerce showed the Board how the Town could establish good water system. Result was nothing happened, instead the Board presents a Town law on water. He felt that the particular water system in the Town of Wappinger he referred to could be the best water system in the State of New York, and this would bungle everything up. Nick Sucich didn't feel this local law was upholding the Democratic principles. It was so complicated a lawyer was needed to understand it. Mr. Worona: You're asking a man to invest a substantial sum of money into a water plant, and, for the economy of this Town, to provide for its future expansion. You know that the population expansions in this County are going to take place in Wapp- inger and Fishkill. If it does, it isn't the Town, it's the developers who developed the property. The Town is involved right now with the sewer plant where the Town could very well throttle the owner of that plant, you could almost have the complete plant written off by depreciation. The plant could be picked up for almost nothing within 30 years. All of those plants now operating and maintaining water, make some arrange- ments to exclude them. Call in the developers first and let's have an opportunity to review all of this and discuss it. Can't understand the reason for any rush. Mr. Oberle: I would like to suggest to Mr. Worona that the rates granted for both sewer and water fees for plants run by private individuals adequately provide for depreciation over a period of timet and also adequately provide for a profit for the operator; therefore, it must be assumed that if the Town takes over after 30 years that the owner will have recouped over that period and also have made a profit. Mrs. Schmalz: You're saying you would be supervising development of a new property. Town would approve before they go before Water Resources Commission? Mr. Fulton: Yes. Mrs. Schmalz: You would say they can't go before Water Resources Commission? Mr. Fulton: We would have to have good reason. Have lines inspected when they are put in so that the Town will know what they are buying at a later period. Mrs. Schmalz: Would this effect existing water companies? ti Mr. Worona: "Yes, it does - according to Section III" . . . Mr. Aldrich: I agree with everyone who has splken here tonight. Really you're all together, you just don't realize it. This thing was designed, I think, to control development. Unfortunately, it does more than that. The way you've got it drawn it could effect more than developers. "Franchise" shall mean or include exclusive right to provide water to the Town of Wappinger. You say later on that it shall not be exclusive. It will take a court of appeals 6 weeks to find whether Section I or Section 12 applies. Mr. Brancato pointed out the people it effects. Not only Oakwood Knolls, Gallo's development - but widows who have IBMers living with them as boarders are effected by this. Mr. Reilly: In the introductory paragraph it says water supply and distribution system. Mr. Aldrich: What you give in one part of the ordinance, you take away in another. This statute is penal in form because it makes you guilty of an offense punishable by $100 a day fine. It should be given careful consideration. You gave public notice as required by law, but you didn't give it the publicity that is required. I'm certain that the hundreds of people effected by this don't know you're meet- ing to go over this. I agree with these people here, the developers should be held in control, but this goes beyond that. It goes to other people who never dreamed of it. It should certainly not be passed as it is. Did you consult with Public Service Commission? This propably would be declared invalid in a court of law. I also doubt the other things you try to do here - you cannot violate or change a -general law of the State of New York. I don't intend to make any criticism of the draftsman. In closing, I would like to point out that it seems to me we should all get together in this Town and work together and stop fighting with each other. Tonight turn it down, consult with other people. It is a Town problem of tremendous magnitude. Here you give exclusive franchise and take it away. Mr. Alpert: There are several large water companies operating, supplying thous- ands of homes - one instance, Hackensack, N.J. operating on a very large scale, probably with more success than a municipality would. Another instance, Jamaica. Private enterprise can eventually do more, and better, than State or governmental control of these things. This is my opinion. Sam Hankin: Why don't you do what the Town of Poughkeepsie does? Developer sinks wells. Town buys the well, they put in lines, and the Town controls the district. Pay for the well and pay for the lines. Mr. Fulton: You absorb the cost into it. A developer comes in and sets up a sewer rate. Low rate to start with because he's selling property. He's used this gimmick. Mr. Reilly: This law doesn't anticipate purchase. Mr. Lafko: What Mr. Hankin is saying - if you want to own it, you should take it from the start with districts. Forget the points of law, I think it has been drawn in haste when you get so much ambiguity in this. Sometimes develope rs go too fast and you ask them to slow down. Now, we the builders, ask you to slow down. Mr. Worona: There is a case in the court of appeals, The moment they want to sell water outside their own development they come under Public Service Commission. Mr. Aldrich: You have a conception here where you take people out - page 9, section 14. "Person shall have the right that the written . . . or complex of structures." Then you say "occupied or used by humans," then you say "upon a show of proof prod- uced at a public hearing . . . and upon finding that such use will not be . . . " Even a commercial enterprise can be under your control. That is incredible. It is almost immpossible to discern. Further, I would like to point out that the people misunderstand your charges for an engineer - no requirements of time - could go on for two or three years at the expense of the landowners. That cost gets passed on to the ultimate consumer when it operates that provision. It seems to me if you're going to have this type of set-up you might seriously consider giving control to the Planning Board which could hold public hearings on both matter. Mr. Lafko: Page 6, section 9 at the top. No public hearing heard unless maj- ority of the Board is present. If you want to do this, the only way I can see where there would be any kind of period where a person could stay in business, would be to allow them to do this just once, and after that you sit and meet. It can go on indefinitely. "When the Town Board is satisfied that sufficient inform- ation is . . . and filed with the minutes." In order for anyone to develop piece of real estate in the Town, the developer has to know how long it will take. The Board could sit for a year and a half, it would be impossible for anyone to know when a piece of property would be ready for development. Another section here is page 7, "c" "posting performance bond . . . " shall meet with approval of counsel of the Town ." How much per linear foot. Duty of that eng- ineer to appear there every day. If he doesn't, not up to contractor to get rid of all of his men and machinery because men didn't show up. "f" - a memo of such option . . . option and agreement." Before you get set up a developer has got to know ahead of time his rates. How can you establish a rate if you don't know what it's going to be. Mr. Reilly: What, in there, is prohibiting figuring your rates? You can come in in an area where you designate water company to establish a rate. Jim Coombs: Similarity between this and transportation corporation law. In line with rate setting policy of Public Service Commission, you have tripled engineer costs. If the Town Board is not satisfied that you have complied with State Dept. regulations you would not get to the state. Mr. Cortellino: Did I understand Mr. Aldrich to say that there are State agencies that inspect sewers? Mr. Aldrich: No. Mr. Lafko: Is this an official meeting? Mr. Fulton: There is a meeting called after this Hearing is closed. It will not be acted upon tonigjt. Hearing closed at 9:08 P.M.. The Adjourned Public Hearing on L.&A. was postponed by mutual agreement until January 3, 1967. Elaine H. Snowden Town Clerk 1 1 A Special Meeting of the Town Board of the Town of Wappinger was held on Thursday, December 22, 1966 at the Town Hall, Mill Street, Wappingers Falls, New York, Present: Joseph H. Fulton, Supervisor William Bulger, Justice of the Peace Louis Diehl, Councilman Absent: Louis C. Clausen, Councilman Vincent Francese, Justice of the Peace Others Present: Harold Reilly, Attorney for the Town Knud Clausen, Highway Superintendent Supervisor Fulton called the meeting to order at 10:31 P.M.. Let the record show we are considering the application of Section 1, Tall Trees for the final acceptance of the roads known as Cameron Lane, Bowdoin Lane, and Amherst Lane. Knud Clausen: These roads have been inspected by the engineer and myself and found to be in accordance with the spedifications. Mr. Fulton: You are recommending that we accept these roads? Knud Clausen: Yes, I recommend that we accept Tall Trees, Section 1, and would like to make the recommendation that we retain 20 percent of the maintenance bond. Elaine H. Snowden, Town Clerk 382. The following Resolution was proposed by: Justice of the Peace Bulger WHEREAS, an application has been made to this Board for the final accept- - ance of the roads in Tall Trees, Section 1, and WHEREAS, this Board has received the recommendation:of the Highway Super- intendent of the Town of Wappinger in favor of accepting said 'reads known as Camer- on Lane, Bowdoin Lane, and Amherst Lane, and WHEREAS, the Highway Superintendent of the Town of Wappinger has recom- mended that the amount of the performance bond heretofore posted with this Board be reduced to 20 percent of the base amount thereof NOW, THEREFORE, IT IS HEREBY RESOLVED that this Board does hereby accept the public streets and roads known as Cameron Lane, Bowdoin Lane, and Amherst Lane as and for public streets in the Town of Wappinger and IT IS FURTHER RESOLVED that the amount of the bond heretofore posted with this Board be reduced to 20 percent of the face amount thereof to cover the cost of repairs arising out of or addressable to any condition which may result from the failure to construct the said roads in accordance with applicable Town specifications. Seconded by: Councilman Diehl Roll Call Vote: Supervisor Fulton: Aye Councilman Diehl: Aye Justice of the Peace Bulger: Aye Resolution duly adopted. Let the record show we are considering the application of Section II, Edgehill Manor, for the final acceptance of the roads known as Shale Drive, Plum Court, Long Court, }port Court, and Dillon Court. lir. Knud Clausen recommended that the Town Board take over those roads and withhold 20 percent of the bond. The following Resolution was proposed by Councilman Diehl: WHEREAS, an applicatiorias been made to this Board for the final accept- ance of the roads in Edgehill Manor, Section II, and "! WHEREAS, this Board has received the recommendation of the Highway Super- intendent of the Town of Wappinger in favor of accepting said roads known as Shale Drive, Plum Court, Long Court, Short Court, and Dillon Court, and WHEREAS, the Highway Superintendent of the Town of Wappinger has recom- mended that the amount of the performance bond heretofore posted with this Board be reduced to 20 percent of the base amount thereof, NOW, THEREFORE, IT 1S HEREBY RESOLVED that this -;oard does hereby accept the public al!'eets and roads known as Shale Drive, Plum Court, Long Court, aort Court, and Dillon Court as and for public streets in the Town of Wappinger, and IT IS FURTHER RESOLVED that the amount of the bond heretofore posted with this Board be reduced to 20 percent of the face amount thereof to cover the cost of repairs arising out of or addressable to any condition which may result from the fail- ure to construct the said roads in accordance with applicable Town specifications. Seconded by: Justice of the Peace Bulger. Roll Call Vote: Supervisor Fulton: Aye Justice of the Peace Bulger: Aye Councilman Diehl: *ye Resolution duly adopted. Let the record show we are considering the application of Hickory Hill section of Fleetwood Manor for the final acceptance of the roads known as Kretch Circle, Midge Drive and Franton Drive. Mr. Knud Clausen recommended that the Town Board take, over these roads and withhold 20 percent of the bond to cover the drainage condition in Fleetwood. Defects were found in drainage and maintenance of roads. The following Resolution was proposed by Justice of the Peace Bulger; WHEREAS, an application has been made to this Board for the final accept- ance of the roads in Fleetwood Manor and WHEREAS, this Board has received the recommendation of the Highway Super- intendent of the Town of Wappinger in favor of accepting said roads known as Kretch Circle, Midge Drive land Franton Drive, and WHEREAS, the Highway Superintendent of the Town of Wappinger has recommend- ed that the amount of the performance bond heretofor posted with this Board be reduc- ed to 20 percent of the base amount thereof, NOW, THEREFORE, IT IS HEREBY RESOLVED that this Board does hereby accept the public streets and roads known as Kretch Circle, Midge Drive, and Franton Drive as and for public streets in the Town of Wappinger, and IT IS FURTHER RESOLVED that the amount of the bond heretofore posted with this Board be reduced to 20 percent of the face amount thereof to cover the drainage condition in Fleetwood and the cost of repairs arising out of or addressable to any condition which may result from the failure to construct the said road e in accord- ance with applicable Town Specification. Seconded by: Councilman Diehl Roll Call Vote: Supervisor Fulton: Aye Councilman Diehl: Aye Justice of the Peace Bulger: Aye Resolution duly adopted. Knud Clausen: I would like to recommend that we take over Forest View Road in Cedar Hill. I would like to bring to the Board's attention that in the new budget, we have provided for two new trucks. I would like to advertise for those trucks. It will take up to three months for delivery. I would like assurance from the Town Board that I can go ahead and advertise for the trucks. We agreed to float a bond for a station wagon and two trucks. Refer it to the next meeting. Letter from Vincent Dangler, requesting return of $100.00 (one hundred dollars) he has posted as bond with the Town for Road Opening. Knud Clausen: I recommend that we pay back the $100.00 (one hundred dollars). Mr. Bulger: On recommendation of the Superintendent of Highways, I move that the Supervisor be empowered to return $100.00 posted as surety in connection with this road opening permit. Seconded by: Mr. Diehl Roll Call Vote: Supervisor Fulton: Aye Councilman Diehl: Aye Justice of the Peace Bulger: Aye Motion carried. Communication from the Dutchess County Department of Public Works that the Town is 3 tk4 • entitled to $2,150 for the property and buildings on Myers Corners Road. Referred to Counsel. A motion was made by Mr. Bulger that the Town Board authorize the Highway Superintend- ent, upon the proper signature of the waiver signed by the corporate president of Ye Olde Apple Orchard, to plow and sand roads as specified on the waiver. Seconded by Diehl and carried. Mr. Diehl: At one of the last meetings, the Board was in favor of sending word on Route 9 of intersection causing death to two people. I find, myself, that the road has not had any flares on it. You, Supervisor, in behalf of the Town Board, should direct a telegram to the proper authorities. Mr. Fulton: Let the record show a telegram was sent Sunday to Mr. Sinacori, District Director, Dept. of Public Works. Mr. Bulger: Would you consider that perhaps this is the type of thing we should take to the Governor? The State is exposed to some liability. A motion was made by Mr. Diehl to address a telegram to the Governor, with a copy to Mr. McMorran, about the dangerous condition on Route 9 at Old Hopewell Road, and to follow it up with a letter. Seconded by: Mr. Bulger and unanimously carried. A motion was made by Mr. Diehl, seconded by Mr. Bulger and unamimously carried to adjourn the meeting. Meeting was adjourned at 11:00 P.M.. 4ZDOLL..u-QA Elaine H. Snowden Town Clerk