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1983-08-08 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 8, 1983 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. June 13, 1983 4. REPORTS OF OFFICERS: Town Justices Bldg/Zng Receiver of Taxes Hydrant Report 5. PETITIONS•& COMMUNICATIONS a. Sheldon Kantor, Ardmore Drive re: Sewer Pump Station b. Chelsea Fire District Recommendation for Fire Prevention Bureau member Resignation of Judge Wm. J. Bulger - Effective 8/3/83 - Vacancy now exists Correspondence from H. Gunderud & Ping. Bd. re: Brescia Site R.E. Lapar submission of Map, Plan & Report re: Central Wapp. Water Improvement Area Contract #1 - Extension #3 R.E. Lapar report re: Sheraton Enterprise (Soil Mining Question) Planning Board Correspondence re: Fee for submission of revised Site plan approval Request from Zoning Bd. of Appeals Members to attend Seminar at Grossingers Oct. 16 -18th, and permission is also requested for Gloria Morse to attend Seminar at Nevele Sept. 11 --14th. Accept "Letter of Credit" for Tall Trees, Sect. 4, Steinhaus Rd. i Roger Mastri, Engineer, re: Swan Surveys R.E. Lapar report on Re -Bids for installation of Cold Water Meters' Article 78 - Petition and Petition & Complaint Served on Town - DWS and WVC vs Town Board, Town Planning Bd, et al 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Pizzagalli Development Company Petition for establishment of water District b. Amendment to Driveway Permit Ordinance c. Local Law for water meter installation d. Local Law on Accessory Apartments (Introduction) 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on August 8th, 1983 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:00 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Elaine H. Snowden, Town Clerk Absent: Frank Versace, Councilman Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Kenneth Croshier, Highway Superintendent Henry Cuatt,'Comptroller Mr. Diehl reported that Mr. Versace was in the hospital but his condition was not considered serious. The meeting started with the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of June 13th, 1983, having previously been sent to all Board Members, were now placed before them for their consideration. MR. JOHNSON moved that the Minutes of the Regular Meeting of June 13th, 1983, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from the Town Justices for the month of July, Building Inspector/Zoning Administrator for May, June and July, Hydrant Report for July and the Supervisor/Comptroller Report through June 30, 1983. MR. JOHNSON moved that the Reports as stated be accepted and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Diehl requested that Item 5f, regarding a request for a soil mining permit for Sheraton Enterprises, be considered by the Board at this time to accommodate the principals who had another appoint- ment. At the last meeting this request had been referred to the Engineer and the Conservation Advisory Council for their review and recom- mendation to the Board. A report was received from Mr. Lapar stating that from an engineering standpoint, the work anticipated would improve the property; from a zoning standpoint, as long as there is an agreement with the abutting property owner, there is no zoning barrier to the proposed work. During a discussion with the Attorney, Mr. Lapar indicated that this clearance was considered an,ineidantal use and therefore would not require a permit for the project, A report had not been received from the Conservation Advisory Council due to the fact that Mr. Hawksley, Chairman of that Council had not seen the referral, however, he was familiar with the site and could not foresee any problem that such a project would cause. Mr. Vasti, Attorney for Sheraton Enterprises, spoke briefly to the Board and requested that they consider action on this request at this time and enable his client to proceed with his plans. It was agreed that Mr. Vasti would forward a map to Mr. Hawksley for review by the Council. MR. JOHNSON moved that approval be given to Sheraton Enterprises for their soil mining activity as presented to the Town Board subject to a report from the Conservation Advisory Council within a five day period. Seconded by: Mr. McCluskey Motion Unanimously Carried A letter was received from Sheldon Kantor, 88 Ardmore Drive regarding the requirement of a pumping station at the bottom of his road in order to tie two homes into the Town sewer system. MR. JOHNSON moved that this matter be referred to the Water and Sewer Committee for review and report to the Town Board at the next meeting. Seconded by Mr. McCluskey Motion Unanimously Carried The Chelsea Fire District wrote to the Town Board recommending the appointment of James Tompkins to the Town Fire Prevention Bureau. MRS. MILLS moved to confirm the appointment of James Tompkins as a member of the Town of Wappinger Fire Prevention Bureau from the Chelsea Fire District. Seconded by Mr. Johnson Motion Unanimously Carried Mr. William J. Bulger wrote to the Board advising them that he was retiring as Town Justice of the Town of Wappinger and submitted his resignation from that position effective as of August 8, 1983. MR. MCCLUSKEY moved to accept Mr. Bulger's resignation with regret and best wishes for his retirement. Seconded by Mr. Johnson Motion Unanimously Carried A vacancy now existed in the Town Justice Court and two applications had been received by the Board for this position both accompanied by a resume. Resume of Herbert G. Elman Residence: 99 Ardmore Drive Wappingers Falls, N.Y. 12590 Telephone 297-5657 Age: 41 Marital Status: Married to G. Susan Landau. Three children, Matthew 17, Andrew 15 and Rachel 11. Mrs. Elman attended Pratt Institute, Brooklyn, N.Y. with a major study in Fashion Design. At present she is a stained glass craftsperson. Personal Background: Graduate of Pratt Institute, B.S. in Art Education, 1965. Advanced studies at State University at New Paltz; Catawba College, Salisbury, N.C.; Juniata College, Huntingdon, Pa. Member of Wappingers Central School District faculty. Former instructor of Art, Dutchess Community College. Super- vising Teacher, SUNY -New Paltz, for student teachers. Delegate to the New York State Teachers Retirement System. Former Vice President, New York State Art Teachers Association. Member, Board of Directors, Hudson Valley Artisians Guild. Immediate past Vice President of same. Resident of Town of Wappinger since 19654 Carl S. Wolfson Resume Residence: Wheeler Hill Road Wappingers Falls, New York 12590 Age: Marital Status: 46 Married Ronnie Ellen Miller 6/29/67. Three children - David 13; Ira 11 and Aaron 8. Mrs. Wolfson graduate of Syracuse University. Masters Degree from Columbia University. Certified New York State Teacher, Secondary Level, Social Studies Graduate Duke University 1959 Graduate of Brooklyn Law School 1965 Active Duty U. S. Navy 1959-1965 Lt. Commander U. S. Navy Reserve Admitted to the practice of law in the State of New York January 1966 Admitted to the practice of law in the Federal District Court for the Eastern and Southern District of New York 1967 Admitted to the practice of law in the U. S. Circuit Court, Second Circuit Court of Appeals 1967 Admitted to the practice of law before the Supreme Court of the United States May 1976 Assistant District Attorney, Kings County 1968-1970 Assistant District Attorney, Dutchess County under Albert M. Rosenblatt 1970-1972 Former member of the Mid -Hudson Crime Control Planning Commission Instructor at Dutchess Community College Police Science Course and Criminal Procedure Law Member law firm of Rosen, Crane & Wolfson, 11 Market Street, Poughkeepsie, New York Resident of the Town of Wappinger since 1970 Instructor to local police agencies and New York State Police on justice court trials The following resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: RESOLVED, that Carl S. Wolfson, be and he is hereby appointed as Town Justice of the Town of Wappinger to fill the vacancy which has occurred due to the resignation of William J. Bulger from that position, and it is further RESOLVED, that the said Carl S. Wolfson is hereby appointed as Town Justice for a term which shall expire December 31, 1983. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace ---Absent Mr. Johnson pointed out that by appointing an attorney to dais position, it would eliminate the waiting period to allow a lay judge to attend the required courses. The following memo was received from Hans Gunderud: Memo to: Town Board From: Hans R. Gunderud, Bldg. Insp. & Zoning Admin. Date: August 8, 1983 Subject: Brescia Lot I have made several site inspections of the clean-up work on Mr. Brescia's lot and have found all debris to have been removed, the rear bank graded properly, seeded and mulched. I have been in contact with Mr. Lapar's office and he is satisfied with my site inspections. I would recommend rescinding the stop work order and allow Mr. Brescia to go forward with normal subdivision approval with the Planning Board. At the last meeting The Board Members had directed that a letter be sent to the Planning Board recommending that they postpone action on approval of the Brescia Subdivision until the dumping problem was resolved. MR. JOHNSON moved to rescind their previous motion and inform the Planning Board that the Town Board has no objection to the approval of the Brescia Subdivision as recommended by the Engineer and the Building Inspector. Seconded by Mr. McCluskey Roll Call Vote: a Ayes Mrs. Mills ---Nay Mr. Lapar submitted a Map, Plan and Report for Central Wappinger Water Improvement Area, Contract #1 -Extension #3 in accordance with the recommendation of the Bonding Council. MRS. MILLS moved to set a Public Hearing on the Bonding Resolution for this project on August 22, 1983 at 6:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mr. McCluskey Motion Unanimously Carried (This Public Hearing was not held due to lack of information for publishing the Legal Notice). A letter was received from the Planning Board requesting considera- tion by the Town Board for a requirement of a $25.00 fee on sub- missions for revised site plan approvals. MR. JOHNSON moved to approve the establishment of a $25.00 fee on submissions for revised site plan approval, as recommended by the Planning Board. Seconded by Mrs. Mills Motion Unanimously Carried The Zoning Board of Appeals wrote to the Board requesting permission to attend the Annual Planning and Zoning Institute at Grossinger, New York from October 16th through October 18th, this communication also requested permission for some of the members who had attended the Association of Towns meeting in February. According to Town Policy, one overnight conference is allowed to each employee per year, however, they may attend these sessions on a daily basis and charge transportation and one meal to the Town. A second request was received from the Justice Court for Gloria Morse to attend a seminar for Town Court Clerks at Ellenville, New York from September llth through the 14th. MR. JOHNSON moved to grant permission to the Zoning Board of Appeals and Gloria Morse to attend their respective conferences subject to adherance to the Town Policy. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Adams forwarded a Letter of Credit for the Tall Trees Subdivision, Section 4, Steinhaus Lane for consideration by the Board; both he and Mr. Lapar had approved the form and substance of the document. MR. JOHNSON moved to accept the Letter of Credit for Tall Trees Subdivision, as recommended by the Attorney and the Engineer. Seconded by Mrs. Mills Motion Unanimously Carried The next item on the Agenda, 5j, was tabled for executive session at the request of the Attorney (Town of Wappinger vs Swan). The results of the second bid for the installation of water meters ummt submitted by Mr. Lapar and the report indicated that Central Installation Company was the low bidder. Since this bid came in approximately $20,000 (20%) lower than their first bid, Mrs.Mills asked for a discussion with the representative from that company. Mr. Robert Garden identified himself as the District Manager, New York and when questioned by Mrs. Mills if he felt they could do the work for that amount, he responded that he felt very comfortable about it ----they could do it very easily. Mr. McCluskey pursued the matter and asked why they felt so comfortable with a $20,000 cut to themselves. Mr. Garden replied that he did not have to relocate his crew, he had trained plumbers and qualified men in North Tarrytown. His last reply to Mr. McCluskey's question regarding union pay was that his men were paid above the union scale. MRS. MILLS moved to refer the bid and all pertinent correspondence to the Attorney, also at the Attorney's request, a draft of the Performance Bond from Central Installation Company be forwarded to him, for his review and recommendation to the Town Board. Seconded by Mr. McCluskey Motion Unanimously Carried An Article 78, Petition and Petition and Complaint was served on the Town Clerk on July 28, 1983 by DWS and WVC. MR. JOHNSON moved to refer this matter to Jon Holden Adams, Attorney to defend on behalf of the Town of Wappinger. Seconded by Mr. McCluskey Motion Unanimously Carried The following letter was received from Theresa Hamilton: Box 546 Hamilton Rd. Hughsonville, N.Y. 12537 Town Board Town of Wappinger Dear Members: This letter is to inform you of the drainage of water from two roads of the Town of Wappinger, into and overmyproperty. On Connor Rd. there is a pipe beneath the road into my property, then across the surface of my land, which is now cut into two, by a gully 4 feet or better in spots. The water flow measured into my land was 11 gallons a minute, during a storm. This water goes over my land down to the Creek Rd, which is County. On the other side of my property, which is Hamilton Rd. the water runs down the road and it is ditched into my land, down to the Creek Rd. Where does the Town get the right to drain the water from their roads across the surface of the property owners land? On the other road across from us, the town put drains down the Marlorville Rd. all beneath the surface of the road. Does it make a difference who owns property along the roads? I have twice personally talked to Mr. Diehl about this matter through the years. He said he would come down to look at it and send the engineer down, but needless to say, neither ever came down. Mr. Diehl drives a Town car, and I live less than a mile from the Town Hall, but we understand he does forget at times. I talked many times with our late Superintendent of Highways and he always said the Town had no money to put drains down for the roads. Our present superintendent has no reason. If the Town can afford to pay $28,000 a year for a part time Supervisor, and at once have a surplus of $400,000, it is about time they did something for the tax payers who pay the salaries. I do not mean just my own, but for many others in the town. I expect the town board to do something about this matter, and also for the damages to - my property. I am also contacting the County Supervisor, and Superintendent of Highways, on this matter so they can see that the water, dirt, and ice does not come from me, but from the Town of Wappinger. The only way I have been able to contact Mr. Diehl, in the past few years, is by sending him a copy of the Certified letters that I have sent to the TownBoard. When I called his office he is never available. I am sending a copy of this letter to Mr. Diehl and to Mr. Croshier, by certified mail. Yours truly, s/ Mrs. Theresa R. Hamilton Mr. Diehl's reply follows: August 1, 1983 Theresa Hamilton Box 546 -Hamilton Road Hughsonville, NY 12537 RE: Your Certified Letter received July 28, 1983 Theresa: To say the least and attempting to be rational and hopefully polite, I, Lou Diehl am appalled and shocked at your remarks, unconfirmed statements and below the belt distasteful quotes. It certainly does not do justice to the Theresa Czervak Hamilton I know. Immediately upon receipt of your Certified Letter, I contacted Highway Superintendent Kenneth Croshier and Deputy Highway Super- intendent John DeCarlo and immediately went to your property, you were not at home. We three again checked your property and your problem. We saw three areas of instances where water is running from your property to Creek Road which appears to be from springs on your property. This, along with possible overflow of septic system or leach fields or the combination of all could be the major cause for creating problems to Creek Road. I shall contact the Commissioner of Dutchess County Department of Public Works to order capping the possible three (3) springs by you on your property. I shall contact the Dutchess County Department of Health to inspect your septic system and leach fields to ascertain that they are not overflowing and in workable condition. The Dutchess County Health Department and Environmental Conservation Department should inspect your property to see that no health problems exist, along with capping and closing off of your springs on your property, which even with a dry spell presents flow on Creek Road. Mr. Croshier advises me, yes, he has been on your property previous and is aware of highway drain pipe which carried surplus water to your property and finally to Creek Road drainage system. From research it appears said pipe was installed approximately twenty-five (25) years or more ago. If said pipe was not in its present position, water and freezing problems could be increased ten fold to your property and driving conditions on the town road would be a problem. Your quote: "Mr. Horton, (now deceased and a capable and excellent Highway Superintendent) as saying he had no money" is difficult now to interpret what he said or implied due to his passing away. I shall not attempt to clarify what Mr. Croshier (present Highway Superintendent) means, saying quote: "no reason". Again, you quote: "a surplus of $400,000.00", the question is at what time of year, not at the close of books at end of year? Again, a fund balance such as you refer to $400,000.00 is compiled of two individual sections of Town's Budget by law and comprises many projects, such as; sewer plants, water plants, equipment, drainage and special construction problems. The law does not allow a town to take from an account where money is earmarked for a special district or project, such as; Town Hall Fund (new Town Hall) where money is earmarked for new Town Hall and is placed in a special individual bank account by full Town Board for only a new Town Hall. Your quote: "Part-time Supervisor". I don't know what you read or hear, but Theresa, the Town's Budget is approximately three and a half million dollars with over fifty (50) employees full and part-time and I can assure you (and invite you as my guest) to come to the Town Hall to spend a day and actually see the complex of Town government, talk with employees (of all political faiths) and hear if I am part-time. I am here everyday of the week, as I have been in the last fifteen (15) years, three days each year for vacation spent at New York State Association of Towns for Conference and/or school. That is a total of three weeks a year of forty-five days in fifteen years. I am entitled to three weeks a year or forty-five weeks of vacation. I have had forty-five days in fifteen years. Again, you quote: "when you call my office I am never available", come down and hear the truth, my records support answering calls everyday as they come in or referring and directing them to the proper Town Official or employee whose professional experience qualifies them for detailed work program. Finally Theresa, come visit us and see and hear the facts. A previous letter Certified and sent by you on January 7, 1983 is confirmed here and in writing I advised the full Town Board and the proper department head who responded and commented on your complaint. Copies are enclosed. Very truly yours, s/ Louis Diehl, Supervisor Under Committee Reports, Mrs. Mills reported on the Saturday Morning Garbage Disposal Program at the Highway bepartment. The Landfill Committee had previously recommended putting up a gate at the dumpster to prevent people from dumping at undesignated times. The accumulated garbage and the concern that it would attract rodents, necessitated an additional pickup during the week by the refuse carter. By taking this action, the Landfill Committee hope to realize the money they were losing with the free dumping. Mrs. Mills had received two estimates from local fencing companies ---A-1 Fence submitted a figure of $855.00 and Marshall Fence, $595.00 which included repair of the existing fence. The Committee recommended that Marshall Fence Co., low bidder be authorized to do the fencing around the dumpster at the Highway Garage. MRS. MILLS moved that Marshall Fence Company be awarded the bid for the gate and fencing and fepair of the existing fence at the Highway Garage dumpster, at a total cost of $595.00. Seconded by Mr. Johnson Motion Unanimously Carried Mrs. Mills, Drainage Committee, reported that Phase I was already under way and they were now ready for Phase II of the Downstream Drainage Project. There had been previous discussion regarding the availability of the Highway Department to do this work, however Mr. Croshier recommended that it be put out to bid due to the heavy work load of his department at this time. MRS. MILLS moved to authorize Mr. Lapar to go to bid on Phase II of the Downstream Drainage Project. Seconded by Mr. Johnson Motion Unanimously Carried Mrs. Mills requested Mr. Lapar to proceed to the next step on the Downstream Drainage Project. Mr. Johnson, Ordinance Committee, reported that the final draft of the Local Law on Accessory Apartments was ready to be reviewed by the full Board and the Zoning Board of Appeals. He requested that copies be forwarded to the Zoning Board of Appeals and they be invited to attend the next work session on -August 22nd, 1983 for discussion of this Local Law. Last month Mr. Johnson reported that the CHIPS money was received for 1983, however, as reported by the New York State Department of Transportation, municipalities will no longer receive this money unless the 1.3 million Bond Issue is approved by the voters this year. Mr. Johnson's next report concerned the cost of the maintenance of the pond in the area of Ye Olde Apple Orchard which had been requested by the residents. The total annual cost quoted by the Recreation Commission was $950.00 which included 6 mowings at $150.00 per mowing and 50 lbs. of copper sulphate for treatment of the water at $1.00 a pound. Mr. Johnson requested that this information be forwarded to the residents who had expressed concern on the condition of the pond. Mr. Johnson met with the Recreation Commission to discuss a proposal received from the Little League Association regarding facilities for the handicapped at Robinson Lane for which the Town had received $14,000 under the Emergency Jobs Bill Application. The Association also submitted plans to expand the field house at Robinson Lane and additional work at Martz Field for the Board's consideration. Since a recommendation for these proposals had not been received from the Recreation Commission, Mr. Johnson asked that a letter be directed to them requesting a report on this matter. Mr. Johnson's next report related to the bus expense for the baseball teams who were transported out of the district to compete for the annual title. In the past the Town had paid this expense for the winning teams traveling to the tournaments. MR. JOHNSON moved that the Town pay the bus transportation for members of the baseball teams traveling to the tournaments in excess of fifty miles from the Town. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson read the following letter: Mrs. C. Zippo 15 Nancyaleen Dr. Wappingers Falls, NY July 12, 1983 Town Board Town of Wappingers Falls Mill Street Wappingers Falls, N.Y. 12590 To the Town Board: I would like the Board to know how much we appreciate the new guard rail installed on the corner of Spook Hill Road and Nancyaleen Drive. Mr. Croshier came out personally and assisted in its installa- tion. It has been a very dangerous corner especially in bad weather. We have lived here for 2 years and had 18 minor accidents involving our property. Although it took some time, we are very grateful to Mr. Croshier for handling this problem. We now feel that the new guard rail will prevent these cars from coming on our property, naturally, making it safer for the children and preventing further property damage. Sincerely, s/ Mrs. Cheryl Zippo Mr. McCluskey, Building Committee, reported that progress was being made on the plans for the new Town Hall; the preliminary plan of the building which would include the type of construction and the layout of space needs would be available from the firm of Hayward and Pakan about the 15th of August. A meeting would be set up for the full Board to view the plan and discuss any changes they felt should be made in the layout and possibly consider construction costs. Public Safety Committee - Mr. McCluskey was pleased to announce that the 40 MPH signs for New Hackensack Road from the village line to Route 376 were finally posted by the Dutchess County Department of Public Works. He commented that he hoped our request for a speed limit reduction on Myers Corners Road in the vicinity of the Fire House would be given further consideration by the County. Airport Liaison Committee - Mr. McCluskey had attended a meeting at the Airport and reported that a report had been distributed showing the projected growth of the airport for the next twenty years. Future plans did not provide for any considerable growth - it would remain a commuter airport due to the oil embargo, traffic slowdown at the major airports and the fact that Stewart Airport was only minutes away. There was a question on extending the runway although this did not seem probable for the future. There would be three or four more meetings on future reports and recommendations for the Dutchess County Airport, with the final one in April of 1984. Public Safety - Mr. McCluskey commented on the Neighborhood Watch Program which has been implemented in other municipalities - volunteers keep watch in their neighborhoods and report anything of a suspicious nature to the police. He felt it was imperative that the Town encourage such a program, due to a dad incident which had recently occurred in the Town involving a young boy. This program, he pointed out, would not involve creating a Police Department. Mr. McCluskey's next report was a continuation of previous ones relating to a dog problem which involved Mrs. Van De Carr, a Dog Control Officer for the Town and Mr. Richard Tallman. Mr. McCluskey /3 had referred the matter to the Attorney for his opinion. Mr. Adams stated that he could find no violation of the Zoning Ordinance relating to the number of dogs in the kennel, based on information supplied to him. It was previously determined that Mrs. Van De Carr could combine her two separate lots which would allow her to house an unlimited number of dogs. Regarding the continuous barking of the dogs, Mr. Adams recommended that a complaint be filed at the Town Justice Court which would be considered a violation of the Local Law on Noise Pollution Control Law. Mr. Tallman was recognized by the Chair and spoke of many incidences involving the noise from the dogs and the annoyance it was causing him. He found it difficult to file a complaint against one Dog Control Officer and have the other Dog Control Officer testify for him. Mr. Adams pointed out that the complaint could be filed by him, as the aggrieved party, he did not need a law enforcement officer. Mr. Tallman continued and said he was trying to resolve these problems through Mr. Gunderud; he further stated that he had been told by Mr. Gunderud that a cease and desist order had been issued relating to violations on additions, the number of dogs allowed and the increase in the number of pens in front of the property. The Board agreed with him to the extent that Mr. Gunderud was responsible for enforcing any violations pertaining to the Zoning Ordinance, however, complaints relating to the Noise Law has to be handled by the Justice Court as a civil matter. He was urged by the Board to pursue this avenue of relief. In the meantime the Board would keep abreast of any other violations that were enforceable by the Zoning Administrator. Mrs. Mills added that the 1982 state aid had been received for all the Town sewer plants for operation and maintenance. Mrs. Mills had been appointed to the Airport Liaison Committee to represent Mr. Diehl when he was not available but she had not been able to attend the last meeting since she was out of town. All Board Members had feceived a copy of a letter addressed to Mrs. Pattison, Dutchess County Executive, from concerned citizens expressing their dissatisfaction with conditions at the Dutchess County Airport. Mrs. Mills commented that the signatures on this letter indicated that residents, not only from Quiet Acres, but from various other sections of the Town, have concerns on the operation of the airport concerning the size of the aircraft arriving and departing, noise abatement and future expansion of the facilities. She planned to attend a meeting with these residents on the following Wednesday to discuss their concerns and would report to the Board at their next meeting. Mr. Johnson had additional information on the power lines ---the intervenors have requested some Contingency Analysis Procedure Models run by the Power Authority and additional time to study the inputs; the judges who are hearing the case have granted their request. Mrs. Sandra Goldberg, Wappinger County Legislator, was recognized by the Chair and commented that contrary to the opinion of the Town Board that they had waited a long length of time for the County to consider lowering the speed limit on New Hackensack Road, she felt that the County had cooperated with this request but the procedure of obtaining approval from the State had probably delayed the action. Mr. McCluskey took exception to this reasoning and refatedd.to a meeting early last year with Mr. Anagnos, Deputy to Mr. Spratt of Dutchess County Department of Public Works at which time the Town was told that the request for the speed limit reduction on New Hackensack Road was not being considered. It wasn't until April of this year that the County changed their mind and approved the reduction. Mr. Don McMillen, Wappinger County Legislator, was recognized by the Chair and touched on two items discussed at the County meeting -- the first related to the controversy on the legality of bills presented in the Smith Murder Trial Case and the second was the leasing of the Luckey Platt building presently occupied by Social Services. A Petition for the Establishment of a Water Distribution District, dated July 13, 1983 from the Pizzagalli Development Company, was received by the Town Board for their consideration. There had been a previous discussion between Mr. Adams and the representative from Pizzagalli to amend Paragraph 3 of the Petition. The amended Petition reads as follows: To the Town Board of the Town of Wappinger, County of Dutchess, State of New York: The Undersigned, constituting the sole property owner of the taxable real property situated in the water district proposed to be included in the Water Distribution District hereinafter described and proposed to be established, does hereby petition the Board as follows: 1. Petitioner proposes, pursuant to Article 12-C of the Town Law, that the Town Board of the Town of Wappinger, establish a Water Distribution District containing the boundaries set forth in Exhibit A attached hereto. 2. The establishment of said Water Distribution District is necessary and desirable so that needed water can be obtained from the Atlas Water Company through a municipally owned water distri- bution district. In order to accomplish the desired objectives, it is necessary that the special district which is the subject of this petition be established. 3. The maximum amount proposed to be expended for the above described improvements is Three hundred fifty thousand dollars ($350,000), which includes improvements to be jointly used with the Cranberry Hills Water Improvement Area. Petitioner requests that special benefit assessment be established for the aforesaid costs which will include an equitable apportionment of any improvements to be jointly used. 4. The petitioner has its headquarters at 50 Joy Drive, South Burlington, Vermont 05481. WHEREFORE, petitioner respectfully requests that the Town Board of the Town of Wappinger proceed to make a study of this proposal to establish the Water Distribution District herein- above described, and take any and all further action as is required or deemed necessary in accordance with the provisions of the Town Law. Dated at Wappinger, New York, this 13th day of July 1983. Pizzagalli Development Company By: s/ Ronald I. Bouchard Partner MR. JOHNSON moved to accept the Petition, as amended, and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried Thefollowing resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS a petition dated July 13, 1983 has been presented to the Town Board of the Town of Wappinger pursuant to Town Law -Section 209-q requesting that a water improvement area be provided for the area described therein, and WHEREAS the petitioner has consented to the payment of all costs associated with the preparation of a map, plan and report for such district, and WHEREAS a public hearing is not necessary upon the petition as the proposed improvement area affects only lands of the petitioner, NOW, BE IT RESOLVED that the Town Board determines that Rudolph E. Lapar as engineer to the town shall, at the sole expense of the petitioner, prepare a general plan, report and map for the providing of improvements and upon completion of the same, to file the same with the Town Clerk. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays A Public Hearing having been held on an Amendment to the Driveway Permit Ordinance of the Town of Wappinger adopted June 8th, 1983, the matter was now placed before the Board for their consideration. At the Public Hearing several questions came up concerning the wording of the amendment relating to damage to town highways which could be interpreted as being discriminatory against developers. Mr..Croshier felt the amendment needed further discussion ---if more than one developer was working in the area, how would you determine which one damaged the highway. MR. MCCLUSKEY moved to table action on the Amendment to the Drismway Permit Ordinance for further study. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held on a proposed Local Law Regulating Water Lines, Water Meters and Water Use in the Town of Wappinger, on July 28th, 1983, the matter was now placed before the Board for their consideration. MRS. MILLS moved to adopt Local Law # 7 of 1983 as follows: (attached hereto and made part thereof of the minutes of this meeting) MR. JOHNSON moved that the Board go into executive session to discuss Item 5j (Town of Wappinger vs. Swan). Seconded by Mr. McCluskey Motion Unanimously Carried The Town Board went into executive session at 9:42 P.M. The Town Board returned from executive session at 9:57 P.M. The meeting was called back to order and all Board Members were present at 9:57 P.M. Mr. Diehl noted that the Board had discussed Item 5j with the Attorney and since this matter was in litigation, no action would be taken at this meeting. There was no other business to come before the Board. MRS. MILLS moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The meeting adjourned at 9:58 P.M. Reg. Mtg. 8/8/83 SA -0,404-, Elaine H. Snowden Town Clerk TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK LOCAL LAW NO. 7 OF 1983 SECTION 1. Definitions. As used in this article, the following terms shall have the meanings ascribed to them: Applicant shall mean any person, corporation, partnership or other entity requesting a permit under the provisions of this local law and those acting on behalf of the applicant in undertaking work provided by the permit. Owner or consumer shall 'mean the owner of the premises supplied or furnished with water or the person or entity using such water if not the owner. Person shall mean any natural person, partnership, corporation or other entity. Service pipe or service main shall mean the pipe and attachments of every kind and nature appurtenant thereto connecting the street main with the house or building piping. Superintendent of highways shall mean the superintendent of highways of the town. Water charge shall mean any obligation of an owner for remuneration as created by this local law or separate local law and setting for water rates including but not limited to connection fees, excavation, liability for repairs, relocation, damage or idemnification. Water department shall mean that department, agency, employee, or private contractor of the town which is authorized by the town board to operate, maintain and, in general terms, manage or supervise the water systems of the town, and shall include the town building inspector and the office of the comptroller. Water main or street main shall mean the pipe and attachments of every kind and nature conveying water along the streets of the town or in any easement or right of way. ,SECTION 2. Application. This local law shall govern all water improvement districts and areas existing within the Town of Wappinger whether created pursuant to Town Law or other authority. SECTION 3. Application and contract for service. (a) Before water shall be turned on for the supply of any building or premises, application therefor shall be made in writing to the town, which application shall be signed by the owner and be upon a form supplied by the building department and filed with the building department. The application must be approved by the building inspector before any connection is made with the street main or the service main. Inspection of the connection to the main shall be made by the Engineer to the Town or his representative. (b) The applicant shall be held responsible for all water rents and charges until due notice of change of ownership shall have been made by him in writing and delivered to the town at least ten (10) days before going into effect. Every owner taking water or permitting water to be taken for use on his premises agrees to this article and agrees to be bound by it and by such other rules and regulations as may thereafter be established for any town water improvement area or water district. SECTION 4. Excavations for water pipe in .public ways; permit required. (a) No street, sidewalk or other public ground shall be opened for the purpose of laying any water pipe or service pipe or doing any work whatever about any water main or pipe or service pipe or fixture, or for the purpose of making any connection with any water pipe or doing any work in connection therewith, unless a permit therefor shall be obtained from the town superintendent of highways, unless the work is to be done under contract with the townboard or by the town water department. (b) Before any permit required by subsection (a) shall be granted, the applicant shall file a bond in the office of the town clerk in the sum of not less than ten thousand dollars ($10,000.00), or in such greater amount as specified by the engineer to the town, properly conditioned to indemnify the town against any loss which the town may sustain by reason of the negligence his agents, employees or representatives, or his with this article and compute in a proper manner of such applicant, failure to comply the work undertaken by him. The bond shall be approved by the town board as to its form and the sufficiency of the surety, before filing. (c) In the opening of a street, sidewalk or other public ground for the introduction or repair of any water service pipe or connection under authority of a permit issued pursuant to this section by the town superintendent of highways, the applicant shall be responsible for all damages resulting from such trench or opening, even though the work is performed by some other person, the permit for making the excavation or opening in the street, sidevalk or other public ground being to the applicant only, and any person opening the street, sidewalk or other public ground under the permit does so as the agent of the applicant and by no other authority. The applicant shall duly regard public safety and convenience and such excavations shall be adequately guarded and proper lights displayed by him at night to warn and protect SECTION 5. Connectionswith mains. (a) No person shall tap any street main the public. or make any connection therewith, except as authorized under the permit, unless the tapping is made as an adjunct to a contract with the town for the installation of the street mains on which said tap is being made. The building inspector shall approve the setting of all meters. No one shall turn on any water service nor shut off any water service except with the knowledge of and permission of the water department. (b) Service taps shall be made under the direction and supervision of the building inspector and/or the engineer to the town using materials, methods and specialized persons or firms . acceptable to the engineer to the town and/or the building inspector. Costs for such taps are not included in the fixed fee schedule, but shall be separately borne in their entirety by the applicant for water service. (c) No person shall lay any service main or make any attachment thereto or any alterations or repairs to the service main or appurtenances thereto except a contractor or other person who has obtained a permit therefor as prescribed in this article or persons or firms working under contract with the town for such work. (d) There shall be no tap, provision for a tap, plugged tee or other such fitting in the service main between the street main and the meter. Any yard hydrant, fountain or hose must be connected on the building side of the meter. In cases where water would be used for fire prevention or for filling fire service tanks only, a tee before the meter could be permitted. (e) All service pipe shall be of the best grade and weight, standard type K copper tubing for sizes through two (2) inches meeting AWWA specification 7S -CR. Service pipe over two (2) inches may be ductile iron meeting AWWA specification C151-76. All pipe shall be rated for service of one hundred fifty (150) pounds per square inch or greater. No service shall be less than three-fourths (3/4) inch. (f) Service pipe shall be laid not less than four (4) feet below the surface of grade and its vertical and horizontal alignment in relation to any sewer or other parallel pipe shall conform to health department standards and to the requirements of the town's standards. An alternate when rock or other conditions is encountered will be allowed when the town's insulation standards are complied with. (g) The entire expense, both in labor and material, of installing the service from the curb stop at the street line to the gate valve at the meter shall be borne by the owner of the premises. In those districts where service pipe from the street main to the curb -stop at the property line was not provided by intent, the entire expense, both in labor and material, of installing the service from the main to the gate valve at the meter, both inclusive, shall be borne by the owner of the premises and the street surface and walks and other surface elements replaced as they were found at the property owner's expense. In those cases where the size of the service already installed from the street main to the curb stop is not suitable to the proeprty owner for his intended use, the property owner may, upon application for and issuance of a permit, install a suitable service from the tap to his meter inclusive at his own expense. (h) Only one (1) property or property unit shall be supplied through a single service pipe. Should repairs to the service main or its appurtenances and fixtures become necessary to prevent waste of water or to maintain service, the repair and the cost of such repair will be made pursuant to the Town of Wappinger Ordinance for regulating water and sewer service pipes, adopted February 13, 1980. (i) Every service main shall have a cock or other approved valved tap in the main, an inverted key stopcock or other approved valve with a metal protecting box at the curb or property line, and a gate valve or other approved valve just before the meter the installation of which shall be the expense of the owner. It shall be the duty and responsibility of the property owner to keep the curb box in good repair, above ground and accessible at all times. (j) No person, except town contract personnel or those acting with permission of the Building Inspector under a duly authorized permit, shall open or close any valve on the street mains or services or any cocks in any curb box, or tamper or interfere with same in any way whatever. (k) Personnel of the town contract operator, the building inspector or other persons authorized by the town board may at any time enter a building or upon premises where water is used from supply pipes connected to the street mains for purposes of examining such pipes and materials which have been installed. SECTION 6. Meters. (a) Every water service shall be supplied through a meter. Only one (1) meter shall be set in any service main. If more than one (1) meter is desired or required for a building or premises, a separate service main must be run to the street main for each and every additional meter. When exceptional conditions warrant devia- tion from this rule, a special permit shall, however, be revocable at the discretion of the town board. (b) Separate water service lines designed and installed exclusively for fire-fighting' purposes (i.e., sprinkler systems, etc.), and from which there are no connections or tees or taps from which water may be drawn and used for purposes other than fire fighting and protection need not be metered. (c) All meters shall be provided by and at the expense of the owner of the premises requiring the meter and shall be of the size and type acceptable to the building department. Meters shall be set at the expense of the property owner in such location, position and manner as to be readily accessible for reading, repair or replace- ment, kept free from obstruction and fully protected from freezing and damage at the property owner's expense. Remote-reading heads shall be installed at locations on the outside surfaces of building, in accordance with town specifications. Cables or wires connecting remote-reading heads with the meters shall be protected from damage by the property owner. A penalty of fifty dollars ($50.00) will be imposed when a meter is damaged by freezing or other negligence on the part of the owner or when a remote-reading cable or head is damaged by the property owner's negligence, which penalty shall be a lien against the property. Any damage to the lines, meter, remote-reading heads or other equipment shall be presumptively the result of negligence of the owner unless rebutted by the owner. The final determination of responsibility shall be made by the building department. All meters, cables, remote-reading heads and all other equipment accessory to the meters shall be under the exclusive control of the water improvement areas or districts and subject to inspection at all times by the town's contract operators, the building inspector or other agents authorized by the town board. (d) All water passing through a meter will be charged for, whether used or wasted. Meters will be tested at the consumer's request; and if the meter is found to be accurate, the consumer shall bear the expense of the test. Any meter may be tested for accuracy at the discretion of the town. Should a meter of size greater than 3/4 inch be found to be inaccurate, the consumer shall, upon written notification, have the meter repaired within forty-five (45) days of the notice at his expense. Meters will be considered accurate if registering within two (2) per cent plus or minus. If a meter is out of order and fails to register correctly, the consumer will be charged the average daily consumption as shown by the meter when in accurate working condition. (e) No person shall interfere or tamper in any way with the meter or meter accessories or the valves and fittings connected thereto. Any person violating this subsection shall forfeit as a penalty for such violation the sum of fifty dollars ($50.00) for each violation. (f) All meters shall be sealed. The seal may be broken only by the authorized agent of the town board. Should the seal be broken in any other manner, the property owner will be held responsible and the town board reserves the right to order the meter removed for test or replacement at the expense of the property owner. (g) Access shall be given to the town, the water department, or contact employees of the town to the area of a building'where the water meter is located or is to be located for purposes of inspection, repair, modification or replacement. It shall be the obligation of the owner to reimburse the water improvement area or district for any expenses incurred by it in installation, repair or replacement if the meter and water lines necessary for replacement of meters are not reasonably kept in an accessible location. Each meter or meter water line shall be directly accessible without the necessity of removal of any permanent wall, floor covering or other covering preventing direct access and installation, removal or repair, or inspection. SECTION 7. Payment of rentals generally. The rents for the use of water and all charges in connection therewith shall be due and payable quarterly on schedules established by the town board at the office of the town comptroller. Fractional parts of a quarter will be computed from the day the meter is installed to the day of the quarterly reading. No abatement of the minimum charge for water rent shall be made unless water is disconnected at the curb box. SECTION 8. Rates, charges and billing. (a) The rent per quarter, which includes rental of a water meter if any, shall be determined by separate local law for each district. (b) The fee for permission to open streets, lanes, walkways and other public grounds for the purpose of installing mains, services and other appurtenances shall be subject to permission and fee as set by the town board. (c) All unpaid water rents, charges and penalties which are in arrears for thirty (30) days or longer shall be subject to a penalty of ten (10) per cent of the amount due. (d) If all water rents, charges and penalties are not paid within sixty (60) days after the due date, the town comptroller shall mail to the owner or, if previously directed to send bills and notice to an agent or tenants, then to such agent or tenant, a notice of the arrearage containing the total amount then due with notice and stating that unless paid within five (5) days after date of mailing the notice, service will be discontinued, and service shall not be restored until all charges and penalties shall have been paid and the further sum of twenty dollars ($20.00) shall have been paid for the restoration of service. (e) All water rents and other lawful charges in connection with the water system as prescribed by this local law, including but not limited to fees for opening and connection, charges for repair and relocation and obligations of indemnification shall be a lien upon the real estate where such water is supplied. All penalties for the violation of any rules and regulations adopted, if not paid when imposed, shall constitute a lien upon the real property and premises in like manner as unpaid water rents. (f) All water rents, penalties and other lawful charges remaining due and unpaid at the time the annual tax roll of the water improvement area is made up shall be included therein and levied against the real property on which the water shall have been used, and shall be collected with and in the same manner as other town taxes with the additional fees, charges and penalties incident to the collection of such taxes. (g) If requested by the owner in writing, the town board will send bills and notices to agents or tenants in the owner's name, but water rents, charges and penalties are a lien upon the property where the water is supplied and owners shall remain responsible for the payment thereof. SECTION 9. Fees for turning water on and off. Water shall not be turned on or off except by the town's authorized agent. There will be no charge for the first turning on of the water, but should the town board or its agent turn it off because of any delinquency on the part of the consumer or for other valid cause, the water will not be turned on again until all the charges and a fee of twenty dollars ($20.00) has been paid by the owner. When water is turned off at the request of an owner, no charge will be made for turning water off, but a charge of ten dollars ($10.00) shall be made for turning on the supply again. While so shut off by the water department at the curb box, the minimum charge for water will be made. SECTION 10. Interruption of service. (a) The town board reserves the right to suspend or discontinue, when the public interest shall require it, the use of any water service, including street mains, and also to shut off the water for repairs or alterations of the street mains or service mains or for other purposes and to keep it shut off as long as may be necessary. (b) Neither the town nor any of its officers or agents, or the town water improvement areas or districts shall be held responsible or be responsible to consumers for any damages which may result from or be caused by shutting off or turning on the water, even when no notice is given, and no deduction from water bills shall be in consequence thereof. No claim shall be made against the town, the improvement areas or districts or any damages arising from the bursting or breaking of any street main or service pipe, or any fixture or attachment thereto wherever situated, or from the failure or diminution of the water supply, whatever the cause thereof. SECTION 11. Cross -connections with nonpotable water supplies. If an owner has any source of water other than from the town public water system, such source will be considered nonpotable. Before making any service connection between the town public water supplly and a consumer's premises, it shall be required that all connections between individual wells or other outside sources of supply physically be disconnected from the consumer's plumbing fixtures which are connected to the town potable water supply. SECTION 12. Fire hydrants. No person shall be permitted to open any fireplug or hydrant or draw water therefrom, except the town or those acting with'its permission or under its direction. The chief engineers of the various fire districts, their assistants, officers and members of the departments, are authorized to use the hydrants and fireplugs for the purpose of extinguishing fires and, in all such cases, shall be under the direction and supervision of the chief engineers or assistants appointed to them and, in no case, shall an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant, fireplug or fixture. SECTION 13. Obstruction of fixtures. No person shall obstruct access to any fire hydrant, stopcock or curb box connected with the water mains or service mains or pipes in any street by placing thereon any building materials, rubbish or other hindrances. SECTION 14. Water used for construction purposes. Water used for building purposes shall be charged to the owner of the property. The amount consumed shall be metered or estimated by the water department or at its option its duly authorized representative. SECTION 15. Service outside improvement areas or districts. No water main shall be tapped, nor any service main extended, outside the boundaries of any water improvement area or district, except on special application therefor, filed with the town board and a special permit therefor granted and issued by the town board. The town board shall impose such conditions upon the granting of the permit as shall be deemed fitting and proper by it, and shall impose and collect such water rents and charges for such water service as it deems best. SECTION 16. Amendments to this article; special agreements. The town board reserves the right to change, modify, supplement or amend this article and the rates and charges for the use of water from time to time. The right is also reserved to make such additional rules and regulations, which to the town board seems best, to regulate the water supply and the proper and efficient administration of the town water improvement areas and districts and to make rates or contracts for the use of water in special cases. SECTION 17. Penalties for violations; additional remedies. Pursuant to Section 135 of the Town Law, a violation of this article is declared to be a misdemeanor, punishable by a fine for each violation not exceeding fifty dollars ($50.00) or imprisonment for a period not to exceed six (6) months, or both; and each day such violation continues shall constitute a separate violation. The proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of this article and to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about the water improvement areas or districts, the expense of which shall be a water charge. In addition to the foregoing, any person who has made an unauthorized tap or connection to any water line of any district or area shall be liable for the use of such water at a rate four times the minimum rate for such district and shall be further liabile for all expenses, including labor, engineering, legal and otherwise associated with the misuse of said water district or area, which shall constitute a water charge. SECTION 18. Validity of this local law. If any part or parts of this local law are determined by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect the validity of those portions not so determined to be invalid. SECTION 19. Effective date. This local law shall become effective upon filing with the Secretary of State.