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1983-05-09 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 9, 1983 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES - Reg. April 11, 1983 4. REPORTS OF OFFICERS: Town Justices (March & April) Rec. of Taxes (March & Feb. Adjusted) Bldg/Zng (March & April) Hydrant Report Compt./Sup. .\ 5. PETITIONS & COMMUNICATIONS a. Richard Barger re: Acceptance of Spring Hill Ct. b. Town Justices request permission for Mrs. Brudnak to attend Seminar for Court Clerks in Glens Falls 5/20-5/21 c. David Ruff, D. Co. Dept. Health re: Mosquito Control d. Memo from L. Diehl, Sup., re Hunters Creek Clean-out e. L. Diehl, Sup., re: letter concerning "Mooring in Hudson" f. H. Cuatt, Compt., re: Financing Highway Trucks -length of bonding g. K. Croshier re: (1) Drainage Complaint --6 Dogwood Hill Rd. (2) Peressini-33 Brothers Rd. h. Notice of Public Hearings: (1) Town of Poughkeepsie amendment to Zoning Ord. (2) T/Wappinger Zoning Bd. of Appeals on variance i. Assessors term of Office expiration - L. Diehl recommend reappointment j. R.E. Lapar re: request approval to bid CWWI & WSI #1 project in Cedar Hill Area k. Request of Pizzagalli Development Co. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Local Law Amendment to Fire Prevention Bureau Code b. Amendment to Zoning Ordinance re: definition c. Consent Judgement settling A.R.Fuels, Inc. (Tax Review - Rosen, Crane and Wolfson) d. Transfer of Mortgage money (L.Diehl request) e. H. Cuatt, Budget Transfer (Phase I, P.R.O.T.E.C.T.) f. Town Board as lead agency in Stoetzel Mobile home Pk. application g. Determination for either negative or positive declaration w/respect to Stoetzel application 8. UNFINISHED BUSINESS, 9. NEW BUSINESS a. Petition from residents of Apple Ridge Estates (Ye Olde Apple Orchard) regarding decisions for future of Pond. 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on May 9, 1983 at the Town Hall,,Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:05 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Kedneth Croshier, Highway Superintendent Mr. Diehl opened the meeting with the Pledge of Allegiance to the American Flag. Mr. Diehl announced that the Board Members had decided to move certain resolutions to the beginning of the meeting which related to the Public Hearings that had been held prior to the meeting --- these resolutions being 7b (Amendment to the Zoning Ordinance re Definitions), 7f (Town Board as lead agency in Stoetzel Mobile home Park application) 7g (Determination for either negative or positive declaration w/respect to Stoetzel application). A Public Hearing having been held by the Town Board on an Amendment to the Zoning Ordinance of the Town of Wappinger on May 9th, 1983, the matter was now placed before them for their consideration. The following Ordinance was offered by COUNCILMAN JOHNSON who moved its adoption: An Amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of clarification of definitions. BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger adopted.. March 10th, 1980, is amended by adding to Article 2 (Definitions) the following definition, the same to be inserted in their appropriate alphabetical sequence: CAMP, PRIVATE: A camp for the personal use of its owner and his guests which is not maintained for hire, remuneration or sale. CAMP, PUBLIC: A camp which in whole or part is kept or maintained for remuneration, hire or rent; a camp for transients for hire, including but not limited to recreational vehicles or other camping activities providing facilities for overnight stays. A public camp shall be deemed a recreational use activity. 2. This Ordinance shall take effect as provided by law. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays ]tem 7f The following Resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS an application has been submitted to the Town Board of the Town of Wappinger for construction of a mobile home park, and WHEREAS from the submissions to date it appears that environ- mental review of the same will be necessary as provided by both the State Environmental Quality Review Act and the local law of the Town of Wappinger, and WHEREAS, on the 22nd day of April, 1983, the Town Clerk of the Town of Wappinger advised other affected agencies of the application and solicited their consent .for the Town Board acting as lead agency, and WHEREAS no adverse comments as to the assumption by the Town Board of the status of lead agency have been received, NOW, THEREFORE, BE IT RESOLVED that the Town Board shall be the lead agency in the application of Gerhardt P. Stoetzel and Frederick A. Jambes to construct a mobile home park within the Town of Wappinger. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays Item 7g The determination for either a negative or positive declaration with respect to the Stoetzel Mobile Home Park application was now placed before the Town Board for their consideration; a positive declaration would require the submission of an environ- mental impact statement, a negative declaration would not require the same. MR. JOHNSON moved to adopt the positive declaration as presented by the Attorney and distributed to the Town Board. Seconded by Mr. McCluskey of Motion Unanimously Carried Mr. Diehl went back to the regular order of the Agenda. The Minutes of the Regular Meeting of April 11, 1983, having previously been sent to all Town Board Members, the matter was now placed before them for their consideration. Mr. Johnson asked that the spelling of a proper name on Page 6 be corrected from Paley to Payerle. MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of April 11, 1983, be and they are hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Johnson Motion Unanimously Carried Reports were received from the Town Justices for the months of March and April, Receiver of Taxes for March and an adjusted one for February, Building Inspector/Zoning Administrator for the months of March and April, Hydrant Report for April and the Comptroller/Supervisor Report thru March 31, 1983. MR. JOHNSON moved that the above stated Reports be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Richard Barger was present seeking acceptance by the Town Board of Spring Hill Court as a Town Road. Mr. Diehl questioned Mr. Lapar and Mr. Croshier on the status of this road relating to its acceptability as a Town Road by the Town. Mr. Croshier responded that the road met the Highway Specifications and Mr. Lapar was also agreeable to this acceptance. MR. DIEHL moved that the matter be referred to the Attorney for receipt of the proper legal documents and subsequent recommendation to the Town Board on its acceptance. Seconded by Mr. Johnson Motion Unanimously Carried The Town Justices wrote to the Town Board requesting permission for Micheline Brudnak to attend the Seminar for Town and Village Court Clerks at Glens Falls, New York on May 20th and 21st, 1983. MR. JOHNSON moved to grant permission to Mrs. Brudnak to attend this Seminar and her legitimate expenses would be a Town Charge. � Seconded by Mr. McCluskey Motion Unanimously Carried /' A communication was received from David Ruff of the Dutchess County Department of Health regarding Mosquito Control in which he stated that his Department would not be undertaking and/or financing any major water management projects with Hunters Creek; the letter continued "in the past, we have done some stream clearance maintenance to remove obstructions to the flow of water. This will continue to be evaluated and done as needed". Mrs. Mills moved that the Town Clerk send a letter to Mr. David Ruff asking exactly what was done on Hunters Creek and where so the Town would not duplicate this work when they start their stream cleaning project, and ask him to respond within ten days. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson pointed mut that they were advised by the Engineer that the low bidder for this project approximately two years ago would not honor the bid at this time so it was important to receive this information from Mr. Ruff in order that they could direct the Engineer to rebid the work. Mr. Versace asked if the bid would include removal of the rock near Mr. Webbs home on Pleasant Lane which hinders the flow of the water in the stream. Mr. Lapar responded that it did not include this removal; Mr. Diehl recollected that they had discussed going around the rock, however Mr. Versace stated that they would have to divert the stream to go around it ---two years ago when it was discussed they agreed that when they did the stream cleaning they would remove the rock formation ---he would like to see it included in the bid and do a complete job otherwise the water would build up in that specific area and defeat the purpose of the project. Mr. Lapar's answer to that was that the rock was not in the main branch so it would not interfere with the flow. Mr. Johnson added that the important part is to clean the channel so the water does not back up ---if the rock causes obstruction, the Board had promised it would be removed, but if not, that's another story. It should be determined finally when the channel is cleared that the rock would not hold back the water. Mr. Versace persisted that when it was discussed and investigated several years ago, the water from the stream ran directly over the center of the rock formation and when he visited the area this is what he saw ---he did not see it flowing to the left or the right of the formation. He repeated that this was part of the agreement when it was discussed by the Board. Mr. Diehl directed Mr. Lapar to check this out before preparing the bid specs. Mr. Diehl spoke to the Board regarding a communication received from the United States Coast Guard recommending that the Town take over the mooring and placing of boats at the Chelsea Yacht Club site. This would mean that the responsibility of policing this activity would be placed on the Town. The Yacht Club was not responsive to this recommendation since they have controlled it for many years very successfully and were not willing for the Town to take over. The Attorney and Building Inspector/Zoning Administrator researched the matter and advised the Board that the Town is not in a position to police the Hudson River. Mr. Diehl wrote the following letter in response to this request. April 20, 1983 The Captain of the Port Special Anchorage Building 109 Governors Island, N.Y. 10004 Attention: Port Safety Officer Re: Mooring in the Hudson River Gentlemen: I am the .'Supervisor of the Town of Wappinger in Dutchess County, New York. The Town of Wappinger has a portion of its border on the east side of the Hudson River. For many years there has been anchorage of small boats on the Hudson River off the shoreline and more particularly in the general area of the property owned by the Chelsea Yacht Club which is on the east side of the Hudson River located in the Town of Wappinger. It would be very expensive for the Town of Wappinger to maintain control on the Hudson River of any special anchorage. The Town of Wappinger does not own any boats or water craft and we only have a few peace officers who are generally not used for police work or patrol duty. Under the circumstances, the Town of Wappinger is unwilling to enact any type of special anchorage area ordinance or local law which would craate administrative expenses and maintenance problems. Therefore, the Town of Wappinger has no objection to the special anchorage area which may be established by the Coast Guard or the United States Government in an area adjacent to the property owned by the Chelsea Yacht Club. Sincerely, s/ Louis Diehl, Supervisor Town of Wappinger MR. MCCLUSKEY moved that the above letter as written by Mr. Diehl expressing the reasons the Town could not honor this request,be forwarded. Seconded by Mr. Johnson IAL Motion Unanimously Carried A memo was received from Mr. Cuatt requesting direction from the Board regarding the length of time they would prefer on the bonding of the highway trucks. The difference in interest between a seven year bond and a five year bond would be approximately $5,000.00. Mr. Versace asked what the total bonding figure would be and Mr. Cuatt informed him it was $183,000; Mr. Versace then suggested using Federal Revenue Sharing Funds they were expecting in the amount of about $80,000. Discussion followed pro and con on the length of time and the difference in interest if the Federal Revenue Funds were used and the Comptroller was directed to contact the bonding company and report this information to the Board before going ahead with the bonding. MR. JOHNSON moved to direct the Comptroller to apply for a five year bond for the financing of the highway trucks using two sets of figures for the interest amount; one with applying the Federal Revenue Sharing Funds as partial payment and the other set bonding the total amount of the cost of these trucks. Seconded by Mrs. Mills Motion Unanimously Carried A communication was received from Mr. Croshier regarding a drainage complaint at 6 Dogwood Hill Road. He concurred with Mr. Lapar's letter nearly two years ago that the problem could be corrected by discharging the water out on Myers Corners Road, however, he pointed out the expense would be considerable and a legal opinion would have to be obtained as to the responsibility. Mr. Johnson noted that this was part of the Town drainage system which comes from up above and underneath Dogwood Hill Road. A large outpipe from underneath Dogwood Hill Road is eroding the property. Mr. Lapar added that there was an easement to a certain point and when it ends, the water just flows. It appears that the Town is, in part, directing water into the stream on this property from our highway. MR. JOHNSON moved to refer this matter to the Attorney for his review and recommendation. Seconded by Mr. McCluskey Motion Unanimously Carried A second communication from Mr. Croshier was in regard to a water problem at the residence of Mr. Peressini, 33 Brothers Road. Mr. Croshier explained in his letter that Mr. Peressini agreed to connect his existing pipe into the catch basin in the street and Mr. Croshier's opinion was that the ice condition on Brothers Road in the winter would virtually disappear. MRS. MILLS moved that the Town Board agree with Mr. Croshier's recommendation that Mr. Peressini connect his pipe into the catch basin in the street. Seconded by Mr. McCluskey, Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Poughkeepsie on Amendments to their Zoning Ordinance. MR. JOHNSON moved that this Notice of Public Hearing be reeeived and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried A Notice of Public Hearing was also received from the Town of Wappinger Zoning Board of Appeals regarding the construction of a machine shop on property located on Middlebush Road and Old Route 9 abutting Town property. MR. JOHNSON moved that this Notice of Public Hearing be received and placed on file. Seconded by Mrs.Mills Motion Unanimously Carried A recommendation was received from Mr. Diehl for the reappointment of Thomas Logan as Town Assessor whose term will expire September 30th, 1983. The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Thomas E. Logan be and he hereby is reappointed to the position of Sole Assessor of the Town of Wappinger and be it further RESOLVED, that the said Thomas E. Logan is hereby appointed as the Sole Assessor for the Town of Wappinger for a term which will expire on the 30th day of September 1989. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A letter was received from Mr. Lapar requesting approval from the Board to bid Central Wappinger Water Improvement and Wappinger Sewer Improvement #1 project in the Cedar Hill Area. Mrs. Mills reported that a map of these projects was left in the Town Clerk's office by the Engineer for review by the Town Board, however all members had not completed their review and Mrs.Mills recommended that the matter be discussed at a work shop session. MRS. MILLS moved the Mr. Lapar be present at the regular work shop session on May 23, 1983 at 7:00 P.M. to discuss the matter, as recommended by the Water and Sewer Committee. Seconded by Mr. Versace Motion Unanimously Carried A request was received Wilfred Rohde, P.E. of Hayward and Pakan Associates for a temporary connection to CWWI while the Town and Atlas are in negotiations and until the Town or Atlas provides a more permanent and satisfactory source of water to the project. Mr. Diehl referred this request to the Water and Sewer Committee in conjunction with a representative of the Pisazgalli Company for discussion with any other officials of the Town that the Committee feels are necessary. Mr. Versace commented that during discussions in Mr. Adams' office on the agreement with Atlas Water Company he stated that the Pizzagalli Company would have to obtain water either by the wells on the existing front line or purchase it from Atlas Water Company. In order to receive it from CWWI, application would have to be submitted to the Town Board to become tenants to that district. The existing building is Versace was concerned if facility as large as the Board does not know when finalized. He felt that should have been brought using a large quantity of water and Mr. the water system could handle another first one. Another factor was that the the Cranberry Hills project will be this matter of connecting to the CWWIA up at work shop sessions; we could be infringing on the Atlas Water franchise and involve the Town in a law suit. He further noted that the Water and Sewer Committee would meet on June 8th at 4:00 P.M. and Mr. Pizzagalli, or his representative would be welcome to be present to discuss this water situation. He concluded this discussion by stating that he wanted the Town Board to be aware of the problems that could be confronting them if they approve the sale of water on a temporary basis to Mr. Pizzagalli. Under Committee Reports, Mrs. Mills thanked Mr. Croshier and the Highway Crew for the excellent job they did in the Town - wide pick-up. She added that the public did not cooperate when asked to separate the items and keep metal items apart from the other articles and this plus the rainy weather did hinder that department and delayed the pick-up. On a related matter, Mrs. Mills brought up the matter of the Brescia property where a violation existed on dumping and she now sought the pulse of the Board on this matter. Mr. Diehl reported that he had talked to Mr. Gunderud on this matter and the property had already been posted for no entry. He recommended that the Board give him direction to order a complete stop on the dumping until his application (Brescia's) for this activity received approval from the Planning Board. MRS. MILLS moved that Mr. Gunderud be authorized to stop any procedure of dumping at the Brescia property on New Hackensack Road until the Planning Board resolves the situation with Mr. Brescia. Seconded by Mr. Diehl Motion Unanimously Carried Mrs.Mills noted that Mr. Brescia seemed to be ignoring previous orders from the Zoning Administrator to cease the dumping and asked the Attorney if they could mandate him to remove the debris from the property. Mr. Versace questioned the Attorney on the requirement of a Special Use Permit to fill property and Mr. Adams answered that there is a minimum area allowed for dumping, but beyond that, according to the Zoning Ordinance, a Special Use Permit must be obtained. Mr. Versace requested the Attorney to check on this matter as to other property owners filling in their land without a permit to do so. The Board agreed that this situation was going on long enough and should be dealt with; Mr. McCluskey asked the Attorney what penalty could be imposed in the future on similiar situations. Mr. Versace pointed out that there was a Local Law on the books governing this activity and Mr. Adams added that there was a $500.00 per week penalty which the Board felt was too lenient. The matter was referred to Mr. Adams to check on future violations. Mrs. Mills questioned Mr. Lapar on the status of the approval of the Castle Point site as a landfill. Mr. Lapar replied that he had talked to Jack Hill of the Dutchess County Health Department and he knew that the Town had applied to the D.E.C. two months ago and had no response as of this day; he also called Mr. Danskin from D.E.C. but he couldn't be found. In order for Mr.Adams to send the applica- tion to the Federal Department of Interior, approval must first be received from D.E.C. so at this point it was just a waiting game. Mrs. Mills set up a meeting with the Drainage Committee on the following Thursday at 3:00 P.M. and asked Mr. Lapar permission to use his office for this meeting; they intended to discuss Stage #2 of the drainage project. Mr. Lapar replied that he would confirm this meeting on Wednesday as he intended to be out of town on the following day, (Tuesday). Mrs. Mills explained that permission for the use of Castle Point as a landfill would expire in May and their intent was to obtain permission for June of 1983 through June of 1984 and open it to 9) the public on the first Saturday of every month through the fall as they did last year. Mr. Johnson, Ordinance Committee, reported that two months ago a letter was received from Mr. Adams regarding passing on fees on zoning matters etc. to the applicant and it had previously been discussed at Committee meetings. A: Local Law was submitted by the Attorney on May 4th and Mr. Johnson recommended that it go to public hearing if the other Board Members had no objection. Mr. Adams pointed out that they already have the ability to pass on these fees in SEQR cases, therefore this Local Law would not entertain a section referring to SEQR matters. The following proposed Local Law was introduced by COUNCILMAN JOHNSON: A local law providing for the payment of professional or consulting fees. BE IT ENACTED by the Town Board of the Town of Wappingeras follows: Section 1. Declaration of Purpose. To safeguard the health, safety and welfare of the residents of the Town of Wappinger and to permit the Town of Wappinger and its agencies to obtain full and complete review of the impact of a proposed activity for which a permit is required from the Town or any of its agencies without burdening the taxpayers of the Town in those instances where the application is for the pecuniary benefit of the applicant, it is appropriate that the costs of various professional, consulting, or other third -party services which may be determined to be necessaryfor review purposes be assumed by the applicant rather than by the Town. Section 2. Upon the submission of an application for an activity for which a permit is required from the Town Board, the Planning Board, the Zoning Board of Appeals or any other agency of the Town of Wappinger, including but not limited to zoning permits, zoning amendment requests, subdivision applications, permits required by the Building Code, the Fire Prevention Ordinance other statutes or local laws, the agency within the town issuing the permit or from whom the permit for the activity is requested may in its discretion require that such permit application be accompanied both by such fees as are prescribed by statute, local law, regulation or resolution, and by such pre -payments as deemed appropriate by such agency for the payment of professional, consulting or other third -party services if the same are necessary to assist in review of the application or request, said payment to be sufficient to defray the cost of such which will be necessarily and reasonably required by such board or agency in its evaluation or review of the requested activity as determined by the agency. Submission of the application shall not be deemed complete until such time as satisfactory arrangements have been made with the board or agency with the payment of the same, and such board or agency may require a deposit of the same in advance. If advance payment is required, such payment shall be made to the Town Comptroller. Any amount remaining unexpended after said deposit and after the rendering of services shall be returned to the applicant upon the obtaining of such final disposition of the application or in the event of withdrawal. No final disposition shall be made until any addi- tional payments determined as necessary by the board or agency are made and any application shall be deemed incomplete and not susceptible to final approval or disposition until such payment is made. Section 3. The board or agency shall make its own determination as to the selection of professional, consulting or other third -party services necessary to assist in review. Section 4. This local law shall take effect kmediately upon filing with the Secretary of State. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 9th day of May, 1983, a proposed local law providing for the payment of professional or consulting fees, and WHEREAS, the provisions of the Municipal Home Rule Law requires 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, 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 13th day of June, 1983, at 7:50 P.M. EDT, on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays Mr. Johnson reported that the Ordinance Committee had been discussing another Ordinance entitled the Accessory Apartments in One Family Residence ---better known as Mother -Daughter Apartments and he recommended that it be discussed at their next work shop session for discussion. MR. JOHNSON moved to invite the Zoning Board of Appeals to the next work shop session to discuss the Accessory Apartments Ordinance. Seconded by Mr. McCluskey Motion Unanimously Carried l3 Mr.Johnson requested the Town Clerk to contact the Zoning Board of Appeals and invite them to the work shop session on May 23rd, 1983 and Mr. Diehl would inform her of the time when he scheduled the other items on the work shop for that date. Mr. Johnson, Personnel Committee, reported that they had been interviewing perspective candidates for the position of Deputy to the Building Inspector/Zoning Administrator and their recom- mendation after interviewing twelve applicants was to appoint Mr. Joseph Tinelli. MR. JOHNSON moved to appoint Joseph Tinelli as provisional Deputy to the Building Inspector/Zoning Inspector at the annual salary prorated of $12,000.00/for the remainder of the year, position commencing 5/16/83. Seconded by Mrs. Mills Motion Unanimously Carried Before the motion was carried, it was pointed out that this was a full time position and Mr. Diehl understood from talking to Mr. Gunderud that there were no names available on the Civil Service list for this position, however, a test for this position was planned sometime in May at Dutchess County Personnel. Mr. Johnson pointed out that during the Association of Towns meeting in New York that he sat in on a meeting with a representa- tive from the State Civil Service and the question of a Deputy Building Inspector came up and it was the opinion of this repre- sentative that this position was not considered a Civil Service appointment if he was a full fledged Deputy with the power of signing documents even if the Building Inspector is present. The Town abides by the requirements of the County Civil Service, however, he added, there is a very big difference between the State and the County Civil Service requirements and he recommended that this fact be looked into. MR. JOHNSON moved that Mr. Adams and Mr. Gunderud check with New York State as to the requirements for this position. Seconded by Mrs. Mills Motion Unanimously Carried "/ Town Hall Mr. McCluskey, Building Committee/ reported that four archi- tectural and ,professional engineering firms were contacted and they responded with either a combination of percentage or flat fees and in most cases broken down into five parts which would enable the Town to halt the project if it did not appear to be feasible. Copies of these proposals had been forwarded to the full Board and Mr. McCluskey now sought input from them as to action on appointing a firm at this meeting or referring the matter to a work shop session. Mr. Diehl preferred some discussion at the meeting and asked what they were talking about on a figure for the proposed Town Hall; he had heard $400,000.00 and possibly another $100,000.00, but not to exceed $500,000.00; now he hears a figure of up to $800,000.00 before appointing a firm he wished to know on what figure they would estimate this proposal on ---a $400,000.00 cost or up to an $800,000.00 cost. Mr. Johnson's recollection was that they did not come up with a dollar figure, but rather a size in the area of 12,500 square feet. Mr. McCluskey felt that they should appoint a firm, give them the information what the Board was looking for in square footage and let them come up with park a ball/figure on the architectural design chosen by the Board, then either go ahead with it or forget the project. Mrs. Mills agreed with Mr. Diehl that they talked about a figure of $400,000.00 and $500,000.00. Mr. Versace added his comment that his recollection of their discussions on the Town Hall was a square footage figure; The $400,000.00 amount was mentioned often due to the fact that that amount was the total figure in the fund set aside for this purpose; as laymen they could never put a price on a town hall, but the important thing is to get the project off the ground and start with Step #1 and retain an architectural/engineering firm to do the preliminary design of the building with an area of approximately 12,500 square feet then they can proceed with the type of material etc. if that is the intent. He agreed that they should take action tonight. MR. MCCLUSKEY moved to appoint Hayward and Pakan Associates, to do the preliminary design of the proposed Town Hall in the amount. of $32,500.00. Seconded by Mr. Johnson Motion Unanimously Carried 1 Regarding the repoet on Suburban Towns, Mr. McCluskey requested the Attorney to explain the ramifications of the material forwarded to the Board that Mr. McCluskey had collected at the Association of Towns Meeting. Mr. Adams explained that Mr. McCluskey had asked the Town Board to consider whether or not the Town should adopt the suburban town form of government. This type of government, he continued, basically is parellel to the existing structure the Town has. There are a few significant changes and he characterized them as taking work that the Board does collectively now and transfer- ring it to the Supervisor's office. A good example is the prepara- tion of the preliminary budget. Now, by statute, the Town Board collectively has the obligation to formally approve the prelimin- ary budget. Under the suburban form of government, they would strengthen the executive arm of Town government and the Supervisor would now, on his own, prepare the budget and the Town Board would have the power to approve it. This is the primary change, that of transferring certain duties to the Supervisor's office which is now the responsibility of the Town Board collectively. Mr. Adams had submitted written material to the Board which he recommended that they review and it will be discussed at a work shop requested by Mr. McCluskey; this material outlines all of the ramifications involved if the Town Board should choose to adopt the suburban form of Town government. Discussion follwed pro and con on this type of government; there were some advantages such as setting our own speed limits and collecting our own traffic fines, however, it was pointed out by the Attorney that this could be done now by local law. After considerable discussion, all agreed to set a work shop session on May 24, 1983 at 7:30 P.M. for discussion on suburban form of govern- ment for the Town. Mr. Versace, Water and Sewer Committee reported that at their meeting last week, he and Mrs. Milts discussed the possibility of meeting with Rockwell International Corporation to discuss the procedure for readouts and billing process on the water meters. He requested Mr. Cuatt to set up a work shop session in June. for the full Board, Mr. Cuatt and the Rockwell representative. After a short discussion they decided to wait for a written report from Rockwell to determine how long this process would take and possibly wait until September to set up the meeting. Mr. Versace had another item to discuss which was actually old business --that of the culvert on Myers Corners Road. Many years ago ( approximately 8-9 years) Mr. Spratt had promised the Town that he would enlarge it. Mr. Diehl has been trying to set up a meeting with Mr. Spratt a -ad Mr. Versace felt they should keep pushing this meeting since it was for an important issue. Unless the culvert is enlarged, he continued, we will have a problem back upstream with flood water because it will not release itself. If we intend to do stream cleaning downstream, we should be able to get the water to the stream. In 1974, Mr. Spratt met with Mr. Lapar and Mr. Versace and indicated, at that time, that the County would work on this project. It was pointed out that this subject was discussed a few months ago when an environmental negative declaration form came through from the Dutchess County Department of Public Works on work planned on Myers Corners Road, and the Board directed a letter to Mr. Spratt requesting the enlargement of the culvert at the time they planned to do the reconstruction on Myers Corners Road. A response was received from Mr. Spratt indicating that the problem was a financial one. The Board then agreed to postpone any further action until the September Agenda which would be time for preparation of the 1984 budget and they planned to request that money be put in that budget for the enlargement of the culvert. Mr. Versace felt that the request should be put in now. MR. VERSACE moved to direct a letter to Mr. Spratt and the County Legislators requesting that they provide money in the 1984 budget for enlargement of the culvert on Myers Corners Road, west of Losee Road. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Adams was ready to answer a question posed by Mr. Versace earlier in the meeting regarding the requirement of a Special Use Permit for property owners filling in their land. The Zoning Ordinance provides that if filling in for a building permit or driveway permit, you can do whatever is necessary in order to carry out the requirements of the permit without obtaining a Special Use Permit. If you are doing any other type of filling in unrelated to that type of activity then you do need a Special Use Permit. The property that concerned Mr. Versace was the Humeston property on the corner of Old Myers Corners Road; he has been dumping debris there for quite some time and Mr. Gunderud has been there on numerous occasions. He felt that if Mr. Brescia was being cited, Mr. Humeston is in violation and has been warned about the viola- tion, therefore, he, too, should be ordered to stop the dumping. MR. VERSACE moved that Mr. Gunderud be directed to take the necessary steps to stop the dumping at the Humeston property. Seconded by Mr. McCluskey Motion Unanimously Carried A gentleman from the audience commented that he saw the County dumping on that property just recently. The Board agreed to check out this statement. Mrs. Mills brought up a letter received from Mr. Croshier regarding easement cleaning on Bellaire Lane and Drew Court. He had received a proposal from Lund Construction in the amount of $12,000.00 to do this work, however, it was actually three projects. The Board discussed this project as related to the bidding process and requested Mr. Croshier to submit an itemized proposal for this work breaking it down into the three different projects and the price for each and submit it at the June meeting. Mrs. Mills asked the Attorney if the cleaning of the Bellaire easement should have been part of the overall package of the original Bellaire project. If so, there was $35,000 left in the fund which could possible be used for this ---at least $2,000 which was quoted for Bellaire Lane and Drew Court. After a short discussion it was referred to Mr. Lapar for his opinion. This discussion prompted a question from Mr. Versace directed to the Comptroller regarding the fact that we overborrowed $32,000.00. Mr. Cuatt explained that the original borrowing was done in a lump sum based on the engineer's estimate. Mr. Versace pointed out that the project was closed out December 30, 1982 and the BAN renewed on January 12, 1983 and this money cannot be used for improvements such as Mrs. Mills mentioned but must be applied only to the principal and interest on the bond. It was recom- mended to the Comptroller that he wait until the bids come in before he sets the figure for the bond for the particular project. A Public Hearing having been held by the Town Board on May 9, 1983, on.a proposed Local Law Amending Local Law No. 1 of 1981 (Fire Prevention Code), the matter was now placed before the Board for their consideration. MR. JOHNSON moved to adopt Local Law No. 3 of 1983 as follows: (attached hereto and made part of the minutes of this meeting) Seconded by: Mr. McCluskey Motion Unanimously Carried Mrs. Snowden then brought up a copy of a letter received from Keith Dubetsky (newly appointed Fire Inspector for the Town of Wappinger) informing the Board that he had resigned as a Fire Inspector on the Fire Prevention Bureau from the Hughsonville Fire Company; as a Town employee in this capacity he could not continue to serve as an Inspector from the Hughsonville Fire Company. It was not quite clear whether the Town Board should approve this resignation, however, Mr. Johnson pointed out that if the Board approves these appointments, they should also approve and accept the resignations. MR. MCCLUSKEY moved to accept the resignation from Keith Dubetsky as Fire Inspector from the Hughsonville Fire Company. Seconded by Mr. Johnson ' Motion Unanimously Carried A Consent Judgement settling A. R. Fuels, Inc. Tax Review was received from the law firm of Rosen, Crane and Wolfson for approval by the Town Board. l7 It was explained that there would be no refund involved since the taxes had not been paid, and the Assessor would take care of changing the assessment. Mr. Adams asked the Board if it was their understanding that there was no monetary responsibility in this situation. This fact was not quite clear and he reviewed it while the meeting proceeded. A resolution to transfer mortgage tax proceeds received by the Town from the "B" account to the "A" account in the Town Budget, was placed before the Board for their consideration. A letter was received from Mr. Adams pointing out that this may not be the correct procedure to follow to accomplish this transfer. He wrote in part "I would suggest that Mr. Cuatt contact the County Treasurer to ascertain the exact manner of computation of mortgage monies with respect to the village and the town as the statute does set up a formula. Casual conversations had by me with a representative of the Comptroller's office leaves a question as to whether that formula is being ob.gervad MR. JOHNSON moved that the Attorney research this matter for a second opinion. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Adams was ready to explain Item 7c on the Consent Judgement settling A. R. Fuels, Inc.; he had reservations about the Town Board's interpretation of monetary responsibility on the part of the Town. The normal procedure for the 1982 taxes would be that if the landowner does not pay the taxes, the Ccunty pays the Town what they would have received if the landowner paid them and the County collects later on --so if the County has paid the Town rather than the landowner paying the Town, obvious- ly the County will expect to be paid back with interest. A portion of the settlement agreed upon provides for a refund to the taxpayer. He felt that the Board might need further clarification. MR. MCCLUSKEY moved to refer this matter for clarification of the monetary responsibility of the Townto the Attorney. Seconded by Mrs. Mills Motion Unanimously Carried The following memo was received from Mr. Cuatt for transfer of money Memo To: From: Date: Re: From To To on an approved expenditure: Town Clerk Elaine Snowden Henry Cuatt April 14, 1983 For May Agenda - Budget Transfers $3,000 for Phase I PROTECT payment to County CF 1990.4 CF 9901.9 B 1420.4 MRS. MILLS moved to approve Seconded by Mr. Johnson F.R.S. Contingency F.R.S. Transfer to other funds Attorney the transfer requested by Mr. Cuatt Motion Unanimously Carried Bids were received and opened on May 5, 1983 on the Installation of Water Meters. Mrs. Mills felt this matter needed further discussion and recommended that it be referred to their work shop session. MRS. MILLS moved to table action on the bids for the installation of water meters and refer it to their work shop session for further discussion. Seconded by Mr. McCluskey Motion Unanimously Carried A petition was received from the residents of Apple Ridge Estates bordering All Angels Hill Road, Kent Road and Applesauce Lane, regarding the pond in that area jointly owned by the Town of Wappinger and landowners surrounding the pond. Both the Town Clerk and the Supervisor had received a copy of this petition, and Mr. Diehl's copy had a note attached "suggestion, how about renting out new machine and driver to help clean smaller ponds. Good way to have money for machine and care of the machine". The Village of Wappingers Falls owns such a machine and they evidently think this machine belongs to the Town. MR. JOHNSON moved to refer this petition to the Recreation Committee for discussion with the Recreation Commission. Seconded by Mr. McCluskey Motion Unanimously Carried c The Town Clerk was served with a Summons and Complaint from Bruce and Virginia Stotz against the Town of Wappinger and Hans Gunderud, Building Inspector/Zoning Enforcement Officer of the Town of Wappinger on May 5, 1983 re the Building on Route 9 rented by Justice Court. Mr. Adams requested that the Town Board set a meeting in order that he could explain this action. MR. JOHNSON moved to set a Special Meeting on May 24, 1983 at 7:30 P.M. and recess to Executive Session to discuss this matter. Seconded by Mr. Versace Motion Unanimously Carried A Freshwater Wetlands Permit Application was received from the Department of Environmental Conservation regarding the Central Wappinger Water Improvement Area, Cedar Hill Project. No action was taken on this application. An application was received from Gary James Diorio for a Peddler's License to sell hot dogs. MR. JOHNSON moved to approve the Peddler's License for Gary James Fiorio. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Versace requested that the subject of repayment to the New York City Water Works be discussed at their May 23, 1983 work shop session. He had some suggestions to make and would like to listen to any comments the other Town Board members might have. Mr. Adams commented that they did Nave a meeting among the attorneys at least three weeks ago at the County Attorney's Office for recording the views of the various affected agencies. The County Attorney's Office assumed the responsibility, at that time, of further contacting the city as to a decision on how most advantageous a repayment plan could be work out. Until this report was received, he felt it would be premature to discuss the matter at work shop. There was further discussion on how the Beacon School District was handling this matter, however Mr. Versace was still of the opinion that despite what the other affected agencies planned to do, it was still their responsibility to discuss a plan of their own in this Town since budget preparation time was approach- ing. The other Board Members agreed that it could be discussed to a certain point as to their suggestions and recommendations on the repayment. MR. JOHNSON moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The Meeting adjourned at 10:30 P.M. at.tuL aine ri. Snowden Town Clerk Reg. Mtg. 5/9/83 1 LOCAL LAW NO. 3 OF 1983 Be it enacted by the Town Board of the Town of Wappinger as follows: ARTICLE 1 APPLICABILITY This local law amends Local Law No./,..) of 1981 which provides the basic method for administration and enforcement of the New York State Fire Prevention Code in the Town of Wappinger and shall establish powers, duties and responsibilities in connection therewith. ARTICLE 2 ADMINISTRATION There is hereby designated a Bureau of Fire Prevention, hereinafter referred to as "the Bureau", to administer and enforce the State Fire Prevention Code within the Town of Wappinger. The Bureau shall consist of eight (8) members. Two (2) members, active firefighters, representing each fire district in the Town of Wappinger, shall be designated by their respective District Board of Fire Commissioners and approved by the Town Board of the Town of Wappinger. The Town Board shall also designate the Town Building Inspector and the Town Fire Inspector as members of the Bureau. The term of office of each fire district member shall be two (2) years excepting that one member of each fire district appointed in 1981 shall be for an initial term of one (1) year. Any vacancy shall be filled for the balance of the term. There is hereby created the office of Fire Inspector of the Town of Wappinger. Said Fire Inspector shall assist in the administration and enforcement of this local law. ARTICLE 3 RULES AND REGULATIONS A. The Bureau may adopt rules and regulations, approved by the Town Board, for the administration and enforcement of the New York State Fire Prevention Code. Such rules and regulations shall not conflict with the New York State Fire Prevention Code, this local law or any other provision of law. B. The Bureau shall publish all rules and regulations at least twenty (20) days prior to the effective date thereof in a newspaper of general circulation within the Town of Wappinger. ARTICLE 4 PERMITS A. Upon payment of a fee as prescribed in a schedule of fees adopted by the Bureau and approved by the Town Board, permits shall be issued by the Bureau and hear the name and signature of a member of the Bureau and shall specify: (1) Activity or operation for which permit is issued. (2) Address or location where activity or operation is to be conducted. (3) Name and address of permittee. (4) Permit number and date of issuance. (5) Period of permit validity. B. Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit. C. Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period. D. Revocation shall take place when it has been determined by the Bureau or the Building Inspector that there is nonconformance with the fire code or any provision of this local law or there has been misrepresentation or falsification of material facts on the application. Revocation shall be by written notice advising the permittee of violations found to exist. E. Permits shall be obtained for the following: (1) Acetylene generators. To operate an acetylene generator having a calcium carbide capacity exceeding five (5) pounds. (2) Automobile tire rebuilding plants. To operate an automobile tire rebuilding plant. (3) Automobile wrecking yards. To operate an automobile wrecking yard. (4) Bowling establishments. For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials. (5) Cellulose nitrate motion-picture film. To store, keep or have on hand more than twenty-five (25) pounds of cellulose nitrate motion-picture film. (6) Cellulose nitrate plastics (pyroxylin). (a) To store, keep or have on hand more than twenty-five (25) pounds of cellulose nitrate plastics (pyroxylin). (b) To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. (7) Combustible fibers. To store, handle or use combustible fibers in quantities in excess of one hundred (100) cubic feet, except agricultural products on a farm. (8) Combustible materials. To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of two thousand five hundred (2,500) cubic feet gross volume, on any premises. (9) Compressed gases. (a) To store, handle or use at normal temperatures and pressures more than: (1) Two thousand (2,000) cubic feet of flammable compressed gas; or (2) Six thousand (6,000) cubic feet of nonflammable compressed gas. (b) To store, handle or use any quantity of liquified natural or hydrogen gas. (10) Cryogens. To store, handle or use cryogenic fluids, except cryogens used as a motor fuel and stored in motor vehicle tanks, as kaalloroduction, sale or storage of cryogenic fluids, (b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquified oxygen in excess of ten (10) gallons. (11) Dry-cleaning plants. To use in excess of four (4) gallons of solvents or cleaning agents calssified as flammable or combustible. (12) Dust-producing plants. To operate any grain elevator, flour, starch or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust. (13) Explosive, ammunition and blasting agents. (a) To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents. (b) To use explosives or blasting agents. (c) To operate a terminal for handling explosives or blasting agents. (14) Flammable and combustible liquids. (a) To store, handle, or use flammable liquids in excess of six and one-half (6 1/2) gallons inside dwellings, or in excess of ten (10) gallons inside any other building or other occupancy, or in excess of sixty (60) gallons outside of any building. This provision shall not apply to: liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes. (b) To store, handle or use combustible liquids in excess of twenty-five (25) gallons inside a building, or in excess of sixty (60) gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil -burning equipment. (c) A permit shall be obtained for the initial instal- lation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner. (d) For processing, blending or refining of flammable or combustible liquids. (15) Flammable finishing. For spraying, coating or dipping operations utilizing flammable or combustible liquids. (16) Fruit ripening process. To conduct a fruit ripening process using ethylene gas. (17) Fumigation and thermal insecticidal fogging. To conduct fumigation or thermal insecticidal fogging operations. (18) Hazardous chemicals. (a) To store, handle or use more than fifty-five (55) gallons of corrosive liquids, or more than fifty (50) pounds of oxidizing materials, or more than ten (10) pounds of organic peroxides, or more than fifty (50) pounds of nitromethane, or one thousand (1,000) pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing sixty percent (60%) or more of ammonium or any amount of toxic material or poisonous gas. (b) To store, handle or use any quantity of air -reactive, water -reactive or unstable materials. (19) Junkyards. To operate a junkyard. (20) Liquified petroleum gas. For each installation of liquified petroleum gas employing a container or an aggregate of interconnected containers of over two thousand (2,000) gallons' water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which twenty (20) or more persons congregate fo civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacements of portable cylinders and have it available for inspection. (21) Lumberyards. To operate a lumberyard. (22) Magnesium. For melting, casting, heat treating, machining or grinding of more than ten (10) pounds of magnesium per working day. (23) Matches. (a) To manufacture matches. (b) To store matches in excess of twenty-five (25) cases. (Note: One (1) case equals one (1) matchman's gross of fourteen thousand four hundred (14,400) matches). (24). Organic coatings. To perform organic coating operations utilizing more than one (1) gallon of organic coating on any working day. (25) Ovens and furnaces. To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatues not exceeding one thousand four hundred degrees Fahrenheit (1,400 degrees F.) which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system. (26) Places of assembly. To maintain, operate or use a place of assembly. (27) Service stations and repair garages. To operate a service station or repair garage. (28) Welding and cutting. To operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder. F. Consolidated permits. When more than one (1) permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit. for specfic hazardous materials or operations shall not invalidate the remainder. G. Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder. H. Revocation of permits. When it is determined there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a conditon of the permit or the building inspector, permits may be suspended or revoked upon seven (7) days notice advising the permit holder of the intended suspension and advising him he may protest in writing the supervision or revocation. provided that such answer or protest is delivered to the building inspector no later than within seven (7) days of mailing. Such provisions shall not be applicable in the event of an emergency. ARTICLE 5 INSPECTIONS A. The Bureau, the Building Inspector, the Fire Inspector. or their designated representatives -shall conduct periodic inspections of any premise within the Town of Wappinger to ascertain compliance with the provisions of the New York State Fire Prevention Code. Such inspections may be made at any reasonable time. B. If entrance to make an inspection is refused or cannot be obtained, the Bureau, the Building Inspector or the Fire Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction. ARTICLE 6 ADDITIONAL DUTIES AND POWERS OF BUREAU A. The Bureau of Fire Prevention shall designate any areas at, on or near any interior street, roadway or driveway in which any obstruction due to the parking or placing therein of any automobile, truck, motor vehicle or any other physical object or material will cause interference with the ingress and. egress of fire-fighting equipment, or which will create a condition dangerous to life or property in the event of fire. Such areas shall thereupon be marked with standard police signs and/or such other markings deemed necessary and proper by the Bureau, indicating that said area is a restricted fire zone. The parking of any automobile, truck, motor vehicle or any other physical object or material within any such restricted fire zone is hereby expressly prohibited. Said signs and markings shall be installed by and at the expense of the owner of the property, and upon his failure to do so, he shall be guilty of a violation of this local law and subject to the enforcement provisions thereof. Notwithstanding and not in limitation of any provision hereof, no automobile, truck or other motor vehicle, and no physical object or material of any nature, shall be parked, placed or permitted to remain for any length of time whatever within twenty (20) feet of any fire hydrant or standpipe located at, on or near any interior street, roadway or driveway within any premises classified under the zoning ordinance as multiple residence. B. The Bureau shall insure the inspection of all hydrants installed within the Town of Wappinger, private or publicly owned and that all fire hydrants within the Town shall be subject to periodic testing. All hydrants shall he maintained in an operable condition and shall meet minimum ISO fire flow standards for residences and they shall be clearly marked in all weather and kept accessible for Fire Department use by the owners. C. In addition, the following will be subject to review and approval by the Bureau when not in conflict with applicable New York State, Dutchess County or Town of Wappinger law: (1) The minimum acceptable width of roads used as access or egress to apartments, commerical or general business buildings or shopping area complexes. (2) Hydrant locations in apartments, commercial or general buisiness buildings or shopping area complexes. (3) Access to the hydrants and availability of fire lanes to and adjacent to apartments, commercial or general business buildings or shopping area complexes. (4) Smoking in places of public assembly. (5) Allowable occupancy in places of public assembly. D. Approval in writing for conformance with existing fire prevention ordinance or laws must be obtained from the Bureau before construction of new multiple dwelling developments, apart- ment complexes, shopping centers or commercial or general business buildings may be implemented. ARTICLE 7 VIOLATIONS A. A person owning, operating, occupying or maintaining pro- perty or premises within the scope of the New York State Fire Prevention Code or this chapter shall comply with all the provi- sions of the New York State Fire Prevention Code, this chapter and all others, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the Bureau, the Building Inspector or the Fire Inspector finds that there has been a violation of the New York State Fire Prevention Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible. C. Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken. D. Violation orders may be served by personal service, by mailing by registered or certified mail, or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the owner shall be subject to the penalties prescribed in Article 8 of this local law. F. Whenever the Bureau, the Building Inspector or the Fire Inspector, at any stage of the proceedings instituted under the provisions of this local law, finds that a violation exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provision of this chapter, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided. ARTICLE 8 PENALTIES FOR OFFENSES A. Failure to comply with any provision of the New York State Fire Prevention Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than two hundred fifty dollars ($250.00) or imprisonment not to exceed fifteen (15) days, or both, and each day such violation continues shall constitute a separate violation. Any person found to be in violation shall also be subject to civil penalties in the amount of $250.00 per day for each day any violation continues, and each day shall constitute a separate violation. B. An action or proceeding in the name of the Town of Wappinger may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the New York State Fire Prevention Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescried by law. ARTICLE 9 RECORDS The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders. He shall be assisted by the Fire Inspector. ARTICLE 10 REMOVAL OF DANGEROUS BUILDINGS AND STRUCTURES A. A building or structure or part thereof which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. B. Whenever the Bureau, the Building Inspector or the Fire Inspector finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Bureau, the Building Inspector or the Fire Inspector may cause it to be demolished and removed or may cause such work to be done in and about the building or structure as may be necessary to remove the danger. C. The Bureau, the Building Inspector or the Fire Inspector may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure or part thereof. D. All costs and expenses incurred by the Town of Wappinger in connection with any work done to remove the danger or in con- nection with the demolition and removal of any such building or structure shall be assessed against the land on which such build- ing or structue is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posed in a conspicuous place on the premsises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within ten (10) days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Bureau may file a certificate of the actual expenses incurred as aforesaid, together with a statemetnt identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitue a lien and shall be be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Wappinger. ARTICLE 11 REPEALER All ordinances or local laws, or parts thereof inconsistent with the provisons of this local law are hereby repealed to the extent of such inconsistencies. ARTICLE 12 SEVERABILITY If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate any other clause, sentence, paragraph, section or part of this local law. ARTICLE 13 A. No liability shall be attributed to the Town of Wappinger, its employees or officers, the Bureau of Fire Prevention, the Fire Districts, the Chief or Assistant of a Fire District or to such Inspectors as they shall appoint, if they fail to take such inspection as called for in this law. B. The Town of Wappinger, its employees or officers, the Bureau of Fire Prevention, the Fire District, their Chiefs and Assistants or Fire Inspector shall not be held liable should fire or other damage occur after they have made an inspection or issued a permit, under the provisions of this law. ARTICLE 14 EFFECTIVE DATE This local law shall take effect as provided by law after filing of copies with the Secretary of State. WAIVER OF NOTICE OF SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK The undersigned, being all of the members of the Town Board of the Town of Wappinger, Dutchess County, New York do hereby waive notice of the time and place of the holding of a Special Meeting of said Town Board, and do hereby agree and coisent that the same be held on the 23rd day of May, 1983, at Aiont P.M. o'clock in the afternoon of that day at the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, for the transaction of all business which may properly come before the meeting or any adjournment thereof. Councilman a1 22Z2 Councilwoman Due and timely notice of the above men hereby admitted. 111 ioned meeting is ne H. Snowden Town Clerk Town of Wappinger A Special Meeting of the Town Board of the Town of Wappinger was held on May 23rd, 1983 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. 0114114 ‚°° p• vio0 Wfde 41 7 7* " 000 14.7 W. c. eaPit All Board Members being present, and having signed the above waiver of Notice of Special Meeting, each for himself, Supervisor Diehl called the meeting to order at 7:45 P.M. Mr. Diehl noted that this Special Meeting was called for the purpose of setting a public hearing on a petition from U. S. Cablevision Corporation for an Amendment to a Franchise to increase rates of the CATV system servicing the Town of Wappinger. MRS. MILLS moved to set a public hearing on June 8, 1983 at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York to hear all interested persons concerning a proposed increase in Cablevision Rates petitioned for by U. S. Cablevision Corporation. Seconded by Mr. Versace Motion Unanimously Carried There was no other business to come before the Board. MR. JOHNSON moved to close the Special Meeting, seconded by Mr. McCluskey and unanimously carried. The Special Meeting closed at 7:5 Spl. Mtg. 5/23/83 Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on May 9, 1983, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a Local Law, Amending Local Law No.1 of 1981 Which Provides the Basic Method for Administration and Enforcement of the New York State Fire Prevention Code and Shall Establish Powers, Duties and Responsibilities in Connection Therewith. Supervisor Diehl opened the Hearing at,7:48 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Mr. .Ohnsdit moved to waive the reading of the Local Law by the Town Clerk, Seconded by Mrs.',.Millp and unamimously carried. Supervisor Diehl asked for comments from the public. There were no comments either for or against the proposed Local Law. Mr. McCluskey moved to close the Public Hearing, seconded by Mrs. Mills and unanimously carried. The Hearing closed at 7:51 P.M. Elaine H. Snowden Town Clerk TM Clad S. ID. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS —27.V"w NOTICE''1S 'HEREBY 'GIVEN .that., there has,=been duly presented 'and, --"1 introduced• before the Town Board of the Town-,ot Wappinger, Outcries* T County, New York on April 11th, 1983, a w� proposed Local Law Amending Local Law No. ii of 1981 which provide* baste method for administration and en- `., forcemeat' of' the New •-York Fire:' Prevention Code In the Town—of Wapping& and shall establish powers, . duties and responsibilities ' in .con nection therewith_ This amendment would permit a fire inspector to enforce • , the provision$ ,of . the Fire ,Preventloft C NOTICE IS FURTHER GIVEN that the« Town- Boardwilt conduct'. a: Public' Hearing on the proposed Local- Law at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York; on May 91h. 1983 at 7:45 P.M. EDT, on such date, at which time all -.parties interested will.be heard. NOTICE IS: FURTHER GIVEPL that copies of'the proposed Local Law will be avail examination• and in••, • spection at office of the Town Clerk of the Towyn f Wapping& in the Town _Hall be the date of this, notice , and the de !the public hearing. E♦aleH. Snowden Town Clerk v^ •Town ofW Date:.Apq t 320983 :1 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. aleese4 .$C -tP of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Bookkeeper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeks successively ..once . in each week, commencing on the 2?thday of AFr•. . 19..83, and on the following dates thereafter, namely on and ending on the 27th day of AAril 19.83 . both days inclusive. Subscribed and sworn to before me this 27th day of.. APrii ... 19 83 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK Q'JALif1EI IN Stam; -SR COulTY sl 14.0240760 COMMISSION EXPIRES MARCH 30. 1814 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1981 WHICH PROVIDES THE BASIC METHOD FOR ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE FIRE PREVENTION CODE AND SHALL ESTABLISH POWERS, DUTIES AND RESPONSIBILITIES IN CONNECTION THEREWITH. STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 22nd, 1983, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law No. 1 of 1981 which provides the basic method for administration and enforcement of the New York State Fire Prevention Code, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this day of ro4t 1983. • NoPublic jOILMAt 1,3 Elaine H. Snowden Town Clerk Town of Wappinger VIRGILIO HERNANUU, ,try Pub:tc idlof Yak Sim dins trk tilautr County kc hookas.* anima Wu* 59. / A Public Hearing was held by the Town Board of the Town of Wappinger on May 9, 1983 at the Town Hall, Mill Street, Village of Wappingers Falls • Dutchess County, New York, In the Matter of An Amendment •to the Zoning Ordiance Of The Town Of Wappinger For The Purpose of Clarification Of Definitions. Supervisor Diehl opened the hearing at 7:55 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Kenneth Croshier, Highway Superintendent The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized.( These Affidavits are attached herto and made part thereof of the minutes of this Hearing. ) Communications were received from Town of Wappinger Planning Board as follows: " At the April 18th, 1983 meeting of the Planning Board, a motion was made by Mr. Fanuele, seconded by Mr. Mills, to recommend to the Town Board that these changes be made." The motion was carried. Communications were received from The Dutchess County Department of Planning as follows: The Dutchess County Department of Planning has reviewed subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1 and 239-M) and finds the decision in this matter primarily involves matters of local concern. The Dutchess County Department of Planning, therefore, recommends the decision be based upon local study of the facts in the case. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in subject zoning action. (Dated April 25, 1983.) Supervisor Diehl asked if anyone wanted to speak. Mr. Howard Jones, from Roberson Lane wanted to know, why this was brought up for the first time, since a friend of Lou Diehl objected to the submission for the camp site, why was it changed, its been oEksince 1980. Mr. Diehl, objected to the phrase "friend of Lou Diehl". Mr. Johnson explained that the definition was not clear and he wanted to clear it up. Mr. Adams added that there was n4 change just a clarification. Mr. Charles Jennings from the Southern Dutchess Association said he was in favor. Mr. Diehl asked if there were any other comments from the public either for or against this amendment, no one else wished to speak for or against the amendment. Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnson, and unanimously carried. The Hearing closed at 8:02 P.M,. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER FOR THE PURPOSE OF CLARIFICATION OF DEFINITIONS. STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 22nd, 1983, your deponent posted a copy of the attached notice of Public Hearing on an amendment to the Zoning Ordinance for the purpose of clarification of definitionson the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. MILLAAA\2„1,0(02.4,._ Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this day of Notary, 0 Public 1983. FtE,Lr44P:0EZ, JR. ware Public al i:n1 York Biat. 1{fa•dioi iu tli.da' LOLItt towsoatloe nova Mock a*, TIS'' o a TILL NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS PLEASE T'AKENOTICE that t'ire Town C" Board of the Town of Wappinger will - conduct a Public Hearing at the Town Hall, Mill, Street, Wappingers 'Falls, Dutchess CountyNew York, on May 55 9th, 1983 at 7.PM., EDT, on an Or- dinance Amending,.. the Zoning Or- dinance of the Tow of-Wappinger as ; - follows: The following _Ordinance' was-. lla- • troduced by Councilman Johnson: An amendment to the zoning or- dinance of the Town of Wappinger for the purpose of clarification -of definitions. • BE IT ORDAINED by the Town Board • of the Town of Wappinger as follows: 1. The zoning ordinance -of the Town of Wappinger adopted March -11,1980 is amended by adding a Article 2 (Definitlona)rthe following definition, the same to be Inserted In their ap-, proprlate alphabetical sequence: SCAMP,, PRIVATE:.A camp for the personal, use of Its owner and his guests which Is not maintained for hire,' remuneration or sale. CAMP, PUBLIC: A camp which In whole or part Is kept or maintained for - remuneration, Mrs or rent; a camp for transients for hire,' including but not limited to recreational vehicles or other camping activities providing facilities for ovemight staye.A public camp ah be dee a recreational • use and 1 activitym'..� �+ _ _.• �_. 2. Thisordinan.e.a ihalt take effect as provided by Law. = Elaine H. Snowden Town Clerk Dated: April2 1983 • AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Schmitz of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ... Bookkeeper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of .Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ... one.... weeks successively ...ones . in each week, commencing on the nth, . day of .Apr.* . 19.3 . and on the following dates thereafter, namely on and ending on the .. 27.th day of,App 19. B. both days inclusiv Subscribed and sworn to before me this . 27th day of.. pril .... I9&3 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUAI.IFIEO 11 01ITCHESS COUNTY #14-8240760 COMMISSION EXPIRES MARCH 30. IAA