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1981-05-11 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 11, 1981 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. Apri1.13, 1981 ; 335 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Bldg/Zng Hydrant Report Annual Report from Cons. Adv. Council 5. PETITIONS & COMMUNICATIONS a. Carl Swenson Petition for Special Use Permit for filling vacant lot on New Hackensack Rd. • b. Peter H. White request alteration of Election District #17 (Section out of District #19) • c. Recommendation from H. Gunderud re: Sect. 416.8 of Zng. Ord. • "Window Signs" d. Resignation of Jacqueline O'Malley from Cons. Adv. Council e. Wm. Horton, H. Supt. 1. • Report on Ketchamtawn Rd. signs 2. funds for Safer Rd. St. Program f. Planning Bd. correspondence: 1. Referral of Petition re: Atlas Water Company. 2. Referral on the Application of Atlas Water Company. 3. Recommendation on H. Gunderud fee schedule proposal g. Hawksley, Ch. Cons. Adv. Council comments on Atlas Water Company reservoir. h. H. Cuatt, Compt. report on cost comparison of operating W & S Dists Pis441 ra.:ckficutiLiq stuclit r3.4 -J. CAGAI.siN ctron eoVckt .c.or hfte-dc•im fl.cienclas • 6. REPORTS OF COMMITTEES 7. RESOLUTIONS a. Accepting Rose Lane (off Robinson Lane) as Town Road b. Accept Rules & procedures of Hudson River Oil & Hazardous Sub- stance Spill Committee c. Highway Bids for Dump Truck d. CWW Imp. Area relative to additional Well e. Introduce Ordinance amending Blasting Ordinance •f. Accept Blackthorn Loop and Primrose Lane as Town Rds. g. Vacancy on Zoning Board of Appeals h. Introduce amendment to Local Law #1-'77 - Dumping • i. Fire Code LL j. Wappinger Plaza Parking- LL K. CorN5.4b4r Narte-t..e inereceeri.mseuvun. ber. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT 336 The Regular Meeting of the Town Board of the Town of Wappinger was held on May 11, 1981 at TOW11 Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:06 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Bernice Mills, Councilwoman Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town At this time Supervisor Diehl requested those present to stand for the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of April 13,.1981 and the Special Meeting of May 1, 1981, having previously been sent to all Board Members, were now placed before them for their consid- eration. MR. JOHNSON moved that the Minutes of the Regular Meeting of April 13, 1981 and the Special Meeting of May 1, 1981, be and they are hereby approved, as submitted•by the Town Clerk. Seconded by Mrs. Reilly Motion Unanimously Carried Reports were received for the month of April from the Town Justices, Building Inspector/Zoning Administrator and Hydrant Report from Mr. Horton, also the Annual Report from the Conservation Advisory Council. MRS. REILLY moved to accept the reports and place them on file. Seconded by Mr. Johnson Motion unanimously Carried A request for a special -use permit to fill a vacant lot on New Hackensack Road, was received from Carl Swenson. MR. JOHNSON moved that this request be referred to the Planning • .1 3 Board, the Building Inspector/Zoning Administrator, and all other pertinent agencies for their reviews. Seconded by Mrs. Reilly Motion Unanimously Carried A request was received from Peter Haynes White to change a portion of Election District #19 and relocate it in District #17. Mr. White was present and Mr. Diehl asked that he give the Town a report on the County Legislature meeting since he had just arrived from that meeting (Wappinger County Legislator), and then he could address his request for a change of election districts. Mr. White reported that the County meeting lasted three hours, of which two hours and forty-five minutes was spent on the issue of the Dutchess Community College Contract. The Wappinger Legislators did not vote for the contract, they felt it should wait another week for a better settlement, but the contract passed on an 18-16 vote., A resolution was passed requesting the County to take action on the toxic waste,stored at the Mancini Trucking Company. Mr. White then explained his request for a change of election districts stating the facts that were in his letter. This change which can take place only once every ten years,must be initiated at a town level. There were two homes on his farm on All Angels Hill Road and Old Hopewell Road; the house he lived in was in District ##17 -and the main house was in District #19. At a future date he intended moving into the main house and therefore wished this change, as there was a possibility that district #19 would fall into East Fishkill as a county legislative district; and if this did happen, it would be permanent. He asked the Board for their consideration of this matter. Mr. Johnson then asked the Attorney what procedure they would have to follow --would they need a resolution, and if so, asked that Mr. Adams prepare it for the next meeting. Mr. Adams explained that before a resolution was prepared, a map outlining the boundaries of the proposed change would have to be submitted; this should be done before July 1, 1981. Mr. Versace suggested that this matter be discussed by the Town Board at their next work shop session and Mr. White could attend to go into further detail on the matter. Due to the holiday on May 25th, the work shop session was set for Tuesday, May 26th, 1981. Mr. Versace then questioned Mr. White, as our County Legislator, 1 on the matter of the enlargement of the culvert on Myers Corners Road which he had requested over a year ago, but had had no the response to this request. At that time, the Legislators said they the would see about including this item in this year's budget. Mr. White promised to pursue this matter. Mr. Gunderud wrote to the Board proposing a re -wording of Section 416.8 in the zoning Ordinance which referred to "Window Signs". Mr. Johnson reported that the Town Board had discussed this at a work session but were waiting for further information and were not ready to act at this time. He asked that this be tabled for action by the Zoning Committee at a future time. On the same subject, Mr. Versace brought to their attention the fact that Waldbaums was in violation of this section of the Ordinance. Mr. Gunderud had approached the manager of the store with this fact, and asked that the window signs be.removed until this,section of the ordinance is amended. He asked that the Board support action by Mr. Gunderud to serve a violation notice on Waldbaums to correct the situation by removing the signs. Mr. Jay Rubenstein was recognized by the Chair and felt that the competition was very keen in this line and the signs helped to the draw the customers. He admitted the signs looked terrible, but the stores needed this type of advertising. thie Mr. Versace replied that this was the reasoning for the amendment, and at such time this amendment was adopted, they could then place the signs according to the requirements, but in the meantime they are in violation and must comply the same as anyone else. Both Mr. Incoronato and Mr. Hirkala were recognized by the Chair and felt that what was followed before should be adhered to with perhaps some compromises. They brought out the fact that Waldbaums knew what competition they faced before they came and they are no 3a,sa;. exception. Mr. Hirkala asked the Board to consider the wishes of the people before they make any decisions. Mr. Johnson added that the Zoning Committee had an amendment before them which has been discussed with the Town Board and the Zoning Administrator; they have been reviewing it to determine if it is workable. He agreed with Mr. Versace's point that a law on the books must be applied to all, but in the meantime they realize there might be a deficiency in this section and they will continue reviewing it to the benefit of all concerned. A resignation was received from Jacqueline O'Malley, a member of the Conservation Advisory Council, stating that family committments were becoming too great for her to put in the necessary time on the Council. MR. JOHNSON moved to accept Mrs. O'Malley's resignation and thank her for her services on the Council. Seconded by Mr. Versace Motion Unanimously Carried Two communications were received from Mr. Horton, Highway Superin- tendent ---the first was to advise the Board that after a review of Ketchamtown Road, signs were found to be missing which have since been replaced. The second was a question on the funds for the Safer Local Road and Streets Program. He had assumed that the Town share of 25% of the total amount was placed in the current budget andwell as the 7.5%_state share and we would be reimbursed by the state. He has learned that only the Town share was included in the budget and asked where the remaining funds were coming from which were needed to participate in the program. Mr. Johnson explained that at the time of the budget preparation it was not understood that the Town would have to pay out the whole amount and then be reimbursed by the state. He suggested that it be referred to the Comptroller to determine how long it would take for the Town to be reimbursed and recommend to the Board the avenues they would have to obtain these funds tempor- arily. L MR. JOHNSON moved to receive these reports and place them on file. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from the Planning Board enclosing a petition for the Town Board to support the expansion efforts of theAtlas Water Company, signed by residents of Quiet Acres, which had been received at the Planning Board meeting of April 20, 1981. The first five pages of this petition had been filed with the Town Board on April 13, 1981. MR. JOHNSON moved to receive the communication and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried A second communication from the Planning Board was a referral on the application of the Atlas Water Company for a Special Use Permit for an underground storage reservoir, as follows: May 5th 1981 Town Board Town of Wappinger Mill Street Wappingers Falls, NY 12590 Re: Referral on the application of the Atlas Water Company for a Special Use Permit for an underground storagereservoir. Dear Board Members: At the May 4th, 1981 Planning Board meeting, a motion was made by Mr. Fanuele, seconded by Mr. Parsons, to send a letter to the Town Board advising them of the following: The application is not complete as it does not comply with site plan criteria. There are also zoning problems and drainage concerns as expressed in reports from the Zoning Administrator and the Engineer to the Town. The Planning Board also feels that a detailer staging plan should be presented. Further, vehicular access to the site appears to be in contention. The Planning Board would have to review and agree to a detailed site plan before they could make a positive recommendation on this application. Enclosed for your information are copies of the reports which were received by the Planning Board. 341 It should be noted that Health and the Department of not respond. Roll Call Vote: Mr. Mr. Mr. Mr. Fanuele - Keller - Parsons - Rubenstein The motion was aye aye aye absent the Dutchess County Department of Environmental Conservation did Mr. Brannen Mrs. Mills Mrs. May at the time of vote carried by those - aye aye - absent (arrived at 8:35NM members present. Respectfully yours, s/ Betty -Ann Russ, Secr. Town of Wappinger Planning Board This application had been referred to other agencies for their review, namely ---Rudolph Lapar, Engineer to the Town, the Zoning Administrator, Conservation Advisory Council, Dutchess County Soil and Water Conservation District, of Health, Dutchess County Department of Environmental Conservation. that there was no response from ment or the Department of New York State Department of Health and the Department It was noted in the communication the Dutchess County Health Depart - Environmental Conservation. All the agencies that did respond found items to be missing in the application. MR. JOHNSON moved that all these recommendations be forwarded to the Atlas Water Company. Seconded by Mr. Versace Motion Unanimously Carried Before the motion was voted on, Mr. Lafko, being recognized by the Chair, remarked that the facts stated in the responses to the application for the Special Use Permit, were done so by people not qualified to make these decisions. He then asked why should he bother obtaining this permit when the Town was considering an Article 78 proceedings against DEC, which was listed on the Agenda under resolutions. Mr. Diehl pointed out to him that this matter had nothing to do with Atlas Water Company, it referred to the chemicals being stored by the Mancini Company. Mr. Diehl interrupted Mr. Lafko to point out that all their differences with him could be solved if Mr. Lafko would concede to the fact that the town has formed the Cranberry Hills Water Improvement Area and would be willing to buy water from the Atlas Water Company. Mr. Lafko continued his discussion but would not commit himself to an answ4r to Mr. Diehl's offer. He argued with the opinion that an impactment statement was needed on this permit; it was only needed if the storage was over one million gallon capacity. He differed with Mr. Diehl on the fact that Cranberry Hills was a water district ---when the town has a district, he continued, then he would discuss procedures with them. 1/400 Mr. Versace proceeded to answer Mr.Lafko's objections to the various opinions expressed on the application and informed him that there were deficiencies in it, but once it was properly submitted to the Town Board, in his opinion, there would be no problem or objection to issuing a special use permit. He went on to state that the Cranberry Hills Improvement Area would be a tenant to the Central Wappinger Water Improvement Area ---they are not a district, the original intent was for them to purchaise water from Central Wappinger Water Improvement Area, now, since Atlas Water was awarded the water service to Cranberry, the Town would purchase the water from Atlas Water Company. Mr. Lafko continued his discussion until Mr. Diehl interrupted and suggested that this be continued at an executive session with the Board and Mr. Lafko. MR. DIEHL moved that this meeting be recessed, at the conclusion of the Agenda, for an executive session with Mr. Lafko on May 14, 1981 at 7:30 P.M. Seconded by Mr. Johnson Motion Unanimously Carried A third communication from the Planning Board recommended that the building permit fees proposed by Mr. Gunderud, be adopted by the Town Board. MR. JOHNSON moved to table this matter until the new Subdivision Regulations were complete and action could then be taken on the two items. Seconded by Mrs. Reilly Motion Unanimously Carried ,3,4 3 The next item was a letter from Mr. Hawksley, Chairman of the Conservation Advisory Council regarding the Atlas Water Company Storage Reservoir which was discussed previously and no action was required. A report was received from the Comptroller on a Cost Comparison of Operating Water & Sewer Districts, which had been requested by Mr. Versace at a previous meeting. Mr. Versace felt that he wanted to review this further with Mr. Cuatt and discuss it with the Board at a future time. MR. VERSACE moved to table this report until the next meeting. Seconded by Mrs. Reilly Motion Unanimously Carried A bid for Sludge Removal was awarded to Lafko Associateq, Inc. at a previous meeting of the Town Board in the amount of $25.00 per 1,000 gallons. Mr. Lafko wrote to the Board asking for a $20.00 per 1,000 gallon increase due to the fact that dumping fee for this sludge was raised to $25.00 which left him no profit. He claimed he.had no knowledge of this increase when he submitted his profit and he was still $5.00 less than the only other bidder; (with the increase his price would be $45.00 per 1,000 gallons). Mr. Adams brought out the fact that the haulers were advised of this increase on March 23, 1981, the date of the publication of the bids was March 27, 1981 and the bid opening was April 7, 1981. Mr. Diehl asked that the following letters be read: May 11, 1981 Louis Diehl, Supervisor Town Hall, Mill Street Wappingers Falls, N.Y. 12590 Re: Lafko Associates Letter dated May 5, 1981 Dear Supervisor Diehl: We are in receipt of a copy of the above letter in regard to disposal of sludge from the Town of Wappinger wastewater treatment facilities. The following facts are forwarded for your purusal: 9 L 16, 4 1. Camo Pollution Control, Inc. isnot in the sludge disposal business. MoCann Properties, Inc. is an entirely separate corporation. The two principals of Camo are not the only principals in MoCann Properties, Inc. 2. Lafko Associates has disposed of sludge at the MoCann Disposal site and has always purchased disposal tickets from the MoCann Properties Corporation NOT Camo Pollution Control, Inc. 3. Camo Pollution Control, Inc. obviously cannot provide any "special" dumping fee. Please do not hesitate to contact us in regard to any further questions in this matter. Very truly yours, Camo Pollution Control, Inc. s/ George B. Cacchio, President May 11, 1981 Mr. Louis Diehl, Supervisor Town Hall, Mill Street Wappingers Falls, N.Y. 12590 Dear Mr. Diehl: As regards your three specific questions to me on May 11, 1981, I would like to advise you of the following: 1. In the year from April 1, 1980 to April 1, 1981, Lafko Associates paid $16.50 per 1000 gallons to discharge sludge at the MoCann site. 2. All 10 haulers that deliver sludge to MoCann were advised by letter dated March 23, 1981 that effective April 1, the price increase to $25.00 would be in effect and new color tickets that reflect this price would be the only tickets accepted at the site with any old tickets being redeemed at the office prior to April 1. The only exception to this was Lafko Associates because Gary Lafko called and requested that he be allowed to use his few remaining old tickets on April 2 as he had a job and could not get up to our office to switch them. In order to accommodate him, we did so oblige and he reimbursed us the difference in price shortly thereafter. 3. Two representatives of Lafko Associates were know- ledgeable of this rate increase specifically Mr. Ron Lafko in my meetingwith him on April 11, 1981 at which the matter was discussed and Mr. Gary Lafko as mentioned above. Hoping this answers your questions, I remain Very truly yours, MoCann Properties, Inc. s/ Michael J. Morris Due to the fact that Mr. Lafko kept interrupting while the Town Clerk was reading these letters and would not respond to Mr. Diehl's request to sit down, it was suggested that the Board recess for five minutes. to MR. VERSACE moved that the Town Board recess for five minutes. Seconded by Mrs. Reilly Motion Unanimously Carried The Board recessed at 9:21 P.M. The meeting was called back to order at 9:29 P.m. and all Board members (4) were present. Mr. Versace remarked that they had two alternatives ---either Lafko Associates perform under the. bid as accepted by the Town Board,or they rebid for the sludge removal. It would not be possible to increase the original bid by $20.00. Mr. Adams agreed with Mr. Versace who requested that the Town Board rescind the motion of awarding the bid to Lafko Associates, Inc. due to the fact that he cannot perform these services at the price he had bid and that the Board move to rebid these services. There was a time period involved,due to the fact that this notice to bidders must be advertised, and Mr. Diehl asked Mr. Lafko if he would provide these services during the interim. After disputing the facts in the two previous letters and further discussion by Lafko, he agreed to continue these services in an emergency situation which could result in a health hazard for the town. MR. VERSACE moved that the Town Clerk be authorized to advertise for bids for sludge removal from the sewer plants, to be opened on May 20, 1981 at 4:00 P.M. and action taken by the Town Board at a Special Meeting to be set for that date. Seconded by Mr. Johnson M 1 Motion Unanimously Carried 111110 MR. VERSACE moved that a Special Meeting be set for May 20, 1981 at 4:00 P.M. for the sole purpose of awarding the bid for sludge removal. Seconded by Mr. Johnson Motion Unanimously Carried Mrs. Snowden wrote a memo to the Town Board asking that they set a firm policy on the cut-off date for items on the agenda, X46 At a previous meeting, Mr. Versace had stated that the Board should adhere to the 10 day cut off policy on correspondence for the agenda, however, in Mrs. Snowden's letter she was under the impression that the Monday preceding the meeting, which would be the first Monday of the month, was the cut off date (seven days). She suggested that a policy be set that would be workable for all concerned. MR. JOHWSOT moved that this matter be tabled for discussion at the next work shop session of the Board. Seconded by Mr. Versace Motion Unanimously Carried Under Committee Reports, Mr. Johnson reported that the Recreation Committee (Mr. Johnson, Mrs. Reilly) had received correspondence from Mr. Maurer concerning Mr. Klein's subdivision on Spook Hill Road and the Hunts Country Estates in the same area. This was in response to a letter from the Committee requesting a decision on recreation property in those subdivisions or money in lieu of land. The Commission preferred that property as so noted on the subdivision map be deeded over to the Town and Mr. Johnson asked that this communication be referred to the Planning Board. He then reported for the Drainage Committee and had received a cost breakdown from Mr. Lapar on the engineering proposal for Phase II of the Drainage Project which he would discuss further at a work shop session. Under the Tri -municipal Project, he reported that a meeting had been held last Thursday night at which time he brought up a request which had been made by the Town Board for the Commission to write to the EPA for information on individual grants for the Town owned sewer plants. The Commission, he said, will address this subject. A Public Hearing has been set for June 4th, 1981 at Roy C. Ketcham High School at 7:30 P.M., which will be conducted by the EPA for comments on the Draft EIS prepared by EccoSciences, as well as the engineering studies prepared by the firms of Rudolph Lapar and Hayward and Pakin. Copies are available at the Town Clerk's Office and at the Library for the public to inspect. 347 Mr. Versace said he was confused since he understood that the two developers were willing to perform work for the recreation in these areas instead of giving the land, or give them monies for projects the Recreation Commission might be planning. Mrs. Reilly explained that there was a misunder- standing and the Commission was confusing Mr. Klein's subdivision on All Angels Hill Road with the one on Spook Hill Road. They would clarify this as she had explained this to Mr. Maurer and further discussion would take place on their recommendations. The next item to be considered was the acceptance of Rose Lane as a Town Road. The Attorney noted that the title policy had not been received by him and he would like action delayed on this matter until all documents were received. The next item on the agenda relating to Rules and Procedures of the Hudson River Oil & Hazardous Substance Spill Committee was not ready to be acted upon at this time as the Attorney was waiting for additional information. Mr. Diehl asked that this be tabled until the June meeting. Mr. Ron Lafko, being recognized by the Chair, asked the origin of this committee and when it took place. Mr. Diehl then asked Mr. Hawksley to explain it since he represented the Town at these meetings. Mr. Lafko was interested in participating on this committee and Mr. Diehl suggested that he discuss this with Mr. Hawksley who could provide more information for him. Bids for a one ton dual -wheel dump truck were opened on May 6th; three bids were received as follows: McCallum Chevrolet at $12,265.00, Pleasant Valley Ford at $12,425.00 and Healey International. at $15,000.00. Mr. Horton recommended that the bid be awarded to Pleasant Valley Ford for $12,425..00 due to the fact that McCallum Chevrolet, apparent low bidder, -was doubtful about delivery. This had gone to bid previously, but due to the fact that one bid was received, the Board recommended that it be bid a second time. Mr. Johnson requested that the Town Clerk contact McCallum Chevrolet for clarification of a delivery date and the Board could take action on this matter at the special meeting set for May 20, 1981. kie '343 MR. VERSACE moved that the Town Board consider awarding the bid for the dump truck at the Special Meeting which has been set for May 20, 1981 at 4:00 P.M., subject to receipt of clarification on delivery date from McCallum Chevrolet. Seconded by Mr. Johnson Motion Unanimously Carried A resolution for the Central Wappinger Water Improvement Area relative to the additional well was placed before the Board for their consideration. Before any action was taken, Mr. Versace wished to discuss the resolution. The resolution empowered the engineer to proceed with the necessary steps to develop the well testing and well sites, prepare such plans and specifications for the well testing and submit recommendations to the Town Board for its consideration and approval. Mr. Versace asked what testings would be done and was concerned that it was a piece meal operation which would crette additional expenses for the residents of CWWIA. Over two years ago, the Town Board approved a bond for $254,000.00 for the same work, only now it's being done piece meal. Mr. Lapar then informed him this was all part of that bond; as the work was being planned, it had to be approved prior to the commencement of each phase. Mr. Johnson pointed out that D.E.C. now required an additional source of water of approximately 500 gpm, as a back-up to the system, which was over and above the original requirements for the system when it was first established. Mr. Versace again voiced his concern for the residents of the area who were told in the beginning of its formation what their expenses would be ---they have no source of revenue to turn to. He could not agree to an additional well especially when there was no guarantee that this aquifer would produce 500 gpm that it was determined was needed. It will be a Town Board decision, he continued, but it won't be his. Further discussion ensued when Mr. Incornato, Gary Lafko and Fred Lafko were each recognized by the Chair. Mr. Diehl recom- mended that the resolution be tabled until the next regular meeting. 349 The following Ordinance Amending the Blasting Ordinance was introduced by COUNCILMAN JOHNSON: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: Section 1. Section 5 of "An Ordinance Regulating Blasting and the use of Explosives in Blasting Operations" adopted by the Town Board of the Town of Wappinger on August 12, 1968 is amended by deleting the provisions thereof in its entirety and by substituting in place thereof the following: Section 5. Blaster's License (a) A blaster's license shall be issued by the Town Clerk of the Town of Wappinger upon application on forms prescribed by her, and upon payment of a fee of FIFTY ($50.00) DOLLARS providing the applicant shall have complied with the requirements as provided for under the Labor Law and under the Codes, Rules and Regulations and all other state statutes and regulations as well as all local laws and ordinances and shall, in addition, have furnished evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, in form acceptable to the Attorney to the Town guaranteeing that the applicant has in full force and effect at the time of the making of such application a policy of public liability insurance including a specific endorsement covering any and all liabilities arising from blasting operations. The said policy and certificate shall provide for bodily injury coverage in limits of not less than Five Hundred Thousand to One Million Dollars ($500,000/$1,000,000) and for property dmmage coverage in limits of not less than Two Hundred Fifty Thousand ($250,000) Dollars and shall further provide that the Town of Wappinger, Dutchess County, New York, will be held harmless from any and all claims, actions and proceedings, which may be brought against it by any person, firm or corporation for injury to person or damage to property resulting from or occasioned by such blasting operations. Such policy shall contain the further provision that it shall not be cancelled, terminated, modified or changed by the insurance compammy issuing it unless at least ten days prior written notice of such cancellation, termination, modification or change is sent to the Town Clerk by registered mail. The policy shall further provide that the presence of the Town Engineer or any consulting engineer responsible for specific town projects or their representatives.on the site of the operation shall not affect the obligation of the insurer under its said policy. No blaster's license shall be valid unless such insurance coverage shall remain in full force and effect. (b) All applications shall be made at least ten days before the date of blasting activities. Each blasting permit application shall be accompanied by a certification from the zoning adminis- trator and/or building inspector that the applicant or the owner of the land wherethe blasting activity shall take place has obtained all necessary permits or that zoning or building permits are not necessary. All applications shall fully describe the notice of the activity for which the blasting is being undertaken and shall identify the name, address and telephone number of the person who has authorized the blasting activity, and contain written author- ization by the landowner for such activity. (c) The blaster's license shall be valid only for one day at the location specified on the permit, its issuance, providing that the applicant shall comply with the requirements contained in this ordinance, with the Labor Law and with the said Codes, Rules and 350!, Regulations. Separate application must be made for renewal or extension, and a fee of $10.00 shall accompany each application for renewal, or extension. Extension or renewal for a date fifteen or more days beyond the first permit date shall not be permitted. Section 2. This ordinance shall take effect immediately upon adoption and publication as provided by law. MR. JOHNSON moved that a Public Hearing be set for June 8, 1981 at 7:45 P.M. to hear all persons concerning the Amendment to the Blaster's Ordinance. Seconded by Mr. Versace Motion Unanimously Carried The acceptance of Blackthorn Loop and Primrose Lane as Town Roads was not ready for action by the Board, however there was a resident present who wished to speak to the Board on this matter. Mr. Dick Bickerton, 1 Primrose Court, was recognized by the Chair and informed the Board that the two trees per lot, which was to be purchased by the developer, had not been complied with. Mr. Diehl said a letter had been received from the Zoning Administrator bringing this fact to the Board's attention, and recommending that acceptance of these roads be conditional upon the developer meeting the "tree" condition requirement. He then recommended that this matter be tabled until the developer conforms with all requirements. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED that G. George Urciuoli be and he is hereby appointed to fill the vacancy on the Zoning Board of Appeals which has occurred by reason of the resignation of Howard Prager, Jr., and it is further RESOLVED that''the said G. George Urciuoli be appointed to a term which shall expire February 1, 1985. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes O Nays The following proposed Local Law was introduced by COUNCILMAN JOHNSON: A Local Law amending Local Law No. 1 of 1977. 351 BE'IT ENACTED by the Town Board of the Town of Wappinger as follows: One: Section 3.5 is amended by deleting the provisions thereof in their entirety and by substituting the following in its place: The use of any lands within the Town of Wappinger as a dump or dumping grounds, storage, or disposal facility for any refuse, garbage, waste paper, rags, scraps of any kind or description or any discarded material commonly called junk or trash or of any description where such items originate from within the State of New York but outside the Town of Wappinger as well as the bringing into the Town of Wappinger of such items of waste or garbage which originate from within the State of New York but outside the Town of Wappinger is prohibited. Two: This local law shall become effective 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 llth day of May, 1981, a proposed Local Law Amending Local Law No. 1 of 1977, Regulating Dumping, 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 8th day of June, 1981 at 7:55 P.M. EDT on such day at the Town Hall, Mill Street, in the 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 Mr. Versace Roll Call Vote: 4 Ayes 0 Nays A Public Hearing having been held on a Local Law Providing for the administration and enforcement of the New York State Fire Prevention Code on May 5, 1981, the matter was now placed before the Town Board for their consideration. MR. JOHNSON moved to adopt Local Law #k3 of 1981 as follows: • was ,; r`. ARTICLE 1 APPLICABILITY This local law shall provide the basicmethod for administration and enforcement of the New York State Fire 160 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 ;Jappinger. The Bureau shall consist of seven (7) 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 as a member of the Bureau.. The term of office of each fire district member shall be two (2) years excepting that 3.5 2 0‘, 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. 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 bear 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 -2- 854 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. ihe E. Permits shall be obtained for the following: (1) Acetylene generators. To operate an acetylene generator %I, 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. -3- 335 (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 follows: (a) Production, 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, -4- 356 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 tett (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 f- uel oil tank connected to an oil burner. -5- • 3157 (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 raterials, 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 (607) 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 -6- 8 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 -7- 359 for inspection by the permit holder. ,. 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 orportions of such consolidated permit, for specfic hazardous materials or operations, shall not invalidate the remainder. Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder. 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 of Inspectors or its designated representa- tives appointed by it 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 -8- 360 inspections may be made at any reasonable time. B. If entrance to make an inspection is refused or cannot be obtained, the Bureau or building 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 -9- 361 ',interior street, roadway or driveway within any premises classified under the zoning ordinance as multiple residence. VAAAVUG B. The Bureau shall icer -.-the inspection of all hydrants installed within the Town of Wappinger, private or publically owned and that all fire hydrants within the Town shall be subject to periodic testing_ All hydrants shall be 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 notinconflict 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, commercial or general business buildings or shopping area complexes. (2) Hydrant locations in apartments, commercial or general business buildings or shopping area complexes. (3) Acess to the hydrants and availability of fire lanes to and adjacent to apartments,.commercail 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 cr 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. 1 -19- 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 or the Building 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 -lz- 3f)3 Article 8 of this local law. F. Whenever the Bureau or building 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 immediai=ely 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 -12- 364 to compel compliance with or restrain by injunction the violation of any provision chapter, rule or violation order, case of imminent of the New York State Fire Prevention Code, this regulation aodpted pursuant to this chapter or a or to vacate the occupancy or building in the 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. ARTICLE 10 REMOVAL OF DANGEROUS BUILDINGS AND STRUCTURES A. A building or structure or part thereof which is an imminent danger tolife and safety of the public as a result of a fire or B. thereof explosion is hereby declared to be a public nuisance. Whenever the Bureau finds a building or structure or part to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Bureau may cause it to be demolished and removed or may cause such work to be done in and about the building or structure danger. C. The Bureau may require or structure or part thereof to person shall use or occupy such thereof until it is made safe. shall enter premises which have as may be necessary to removethe the occupants of any such building vacate the premises forthwith. No building or structure or part Except for the owner, no person been ordered vacated unless -13- 30 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 presented to the owner of the property, or ascertained, then such bill shall be posed such expenses shall be if the owner cannot be in a on the premsises. Such assessment shall be and conspicuous place constitute a lien upon such land. If the owner shall fail to pay fDr 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. �-14- 13` 366 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, 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, 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. Seconded by:. Mrs. Reilly Roll Call.Vote:' 4 lyes 0 Nays -15- 3a' Mr. Johnson noted that the Fire Prevention Bureau had set the third Tuesday of the month for their regular meeting but he asked that the Town Clerk confirm this with Mr. Gunderud and advise the Board. A Public Hearing having been held on a proposed Local Law Prohibiting Parking or Standing in Fire Lanes maintained by Wappinger Plaza, the matter was now placed before the Board for their consideration. MR. JOHNSON moved to adopt Local Law # 4 of 1981 as follows: A Local Law adopted pursuant to Vehicle and Traffic Law Section1660-a. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. There shall be no parking or standing by any motor vehicle in lanes marked Fire Lanes within those parking areas and driveways maintained by Wappinger Plaza, its successors or assigns. Section 2. It shall be the responsibility of the owner of Wappinger Plaza, its successors or assigns to construct and maintain signs and other markings appropriate to identify fire lanes and to provide notice of tow -away restrictions, and fines. Said signs shall conform to the uniform standards 'prescribed by the New York State Department of Transportation to the extent provision is made for such signs. Fire Lanes shall be located in those areas designated by the Fire Chief in whose jurisdiction it lies. Section 3. Any motor vehicle found standing•or parked within an area designated as a Fire Lane may be removed or towed away and any owner or operator of such motor vehicle shall be subject to payment of reasonable fees for such removal and storage. Section 4. Violation of this local law shall be subject to a fine not greater than $25.00. Section 5. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. Seconded by: Mr. Versace Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS the Department of Environmental Conservation through its action concerning the storage of hazardous wastes at properties of Mancini Trucking Co., Inc. in the Town of Wappinger has created an unauthorized storage site for such wastes, and WHEREAS the actions of the Commissioner of Environmental Conservation are in direct contradiction and violation of the provisions of the Environmental Conservation Law and the Commissioner's regulations, and 3 L 3 o" u WHEREAS the presence of such hazardous wastes constitutes a potential threat to the health, safety and well-being of the residents of the Town of Wappinger, NOW, THEREFORE, on motion of Councilperson Johnson, seconded by Councilperson Reilly, BE IT RESOLVED that the attorneys to the Town of Wappinger commence appropriate legal proceedings to compel removal of such wastes from said site, and BE IT FURTHER RESOLVED that such attorneys be empowered to undertake any other acts in their discretion deemed necessary to safeguard the health, safety and welfare of the residents of the Town of Wappinger with respect to such wastes. Seconded by: Mrs. Reilly Rolo Call Vote: 4 Ayes 0 Nays Mr. Lafko interrupted the vote to inform the Board that the substance that was being stored was lacquer thinner, a product which was being stored and sold by other companies right here in the village and is transported through the area every day. Mr. Diehl requested that the Board first vote on the resolution and then he would hear Mr. Lafko, which was finally achieved. It is being stored at the airport and at another plant located in the area and every body shop of substantial size also carries it. Mr. Lafko insisted that the Board could not take action against one firm when others are doing the same thing. Mr. Diehl, however, said there was a big difference when it was being stored in quantities of 900 barrels; it would not be the same as being applied to cars or planes. The next item referenced an amendment to a request to the county and state for a 30 MPH sPped limit in the Ardmore Hills Development which had been acted on at the April 13, 1981 meeting. Mrs. Snowden had received a call from Mr. Bergmann, Dutchess County Department of Public Works, who hattigqested-that,,t4Lej, Town include the area bounded by. Hopewell Road, Route 9 to the Wappinger-Fishkill line and Cedar Hill Road, along with the Ardmore Hills Development. Mrs. Snowden then asked the Board if they would like to consider this amendment and the members felt this was a good suggestion. MR. JOHNSON moved to approve this .recommendation to include the entire area and amend the resolution previously adopted to be forwarded to the county and state for approval. Seconded by Mr. Versace Motion Unanimously Carried Mr. Adams then asked the Board to go back to Item 7B on acceptance of rules and procedures of the Hudson River Oil & Hazardous Substance Spill Committee. He would have no objection to the Board accepting these rules subject to additional language to be provided by Mr. Hawksley and approved by Mr. Adams. MR. JOHNSON moved to adopt the Rules and Procedures of the Hudson River Oil & Hazardous Substance Spill Committee, subject to additional language which will be approved by Mr. Hawksley and Mr. Adams. - Seconded by Mr. Versace Motion Unanimously Carried Mr. Ralph Holt asked to speak under New Business and as President of the Town of Wappinger Little League Association, he thanked the Board for the financial support of $6,500.00 they had pro- vided for the Association last fall and introduced Frank Worthman who gave a report on the expenditure of these monies. He presented a booklet to the Board which included in its contents a financial report on the $6,500.00 allocated by the Board plus an additional amount of $352.00 which was paid by Little League, work items completed, value of volunteer help, comparisons of accomplishments versus original objectives, the net value to the Town of Wappinger and a detailed break -down of work done, field by field. At the conclusion of his presenta- tion he also thanked the Board for their support. The attorney for Greer Toyota, owner of property leased by the Town and krxnn as the "Bell Site", requested under the terms of the contract that the Engineer to the Town provide a description of the plot plan used by the Town for the consideration of $1.00 per year. MR. DIEHL moved to direct Mr. Lapar to provide the necessary kw 370 information for Greer Toyota regarding the contract for leasing the "Bell Site" property. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl had received a request to rezone property on Route 9 owned by John Montfort which he presented to the Town Boatd for referral to the Zoning Committee for review at their next work shop. Mr. Versace noted that this was the Green Fly Swamp area which was of great concern to all and suggested that Mr. Montfort be invited to attend the next work shop session of the Town Board on May 26, 1981 to discuss this matter. Mr. Hirkala, being recognized by the Chair, asked that the Town Board carefully consider this application for rezoning and also asked that they investigate illegal dumping at that site some time ago. Mr. Diehl's recollection was that it was not determined that it's—Illegal at that time but they would research it. Mr. Hawksley was then recognized by the Chair and commented that he had asked Mr. Gunderud to check out this matter and noted that since this was a wetland, it would be controlled by the D.E.C. Mr. Diehl then brcught up an item which had been brought to his attention regarding a bill which would provide grants under the Safe Drinking Water Act (SDWA). If enacted, this bill would authorize grants to public water systems to clean and update water lines in the total amount of $75,000,000 for the fiscal Ihme year after the date of enactment. It has been referred to the House Committee on Energy and Commerce and at this time, no hearings have been scheduled. He was :int-e-aest-ed in obtaining more information on this grant. MR. VERSACE moved that the Comptroller be directed to contact the proper representatives for more information on the grants under the SDWA. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace asked Mr. Adams if he had any further information on 371 the status of the landfill at Castle Point. Mr. Adams had sent the application to D.E.C. for approval and until he received that no determinations could be made. Another item Mr. Versace wished to discuss was the maintenance program at Waldbaums. He noticed litter and paper when he passes early in the morning and it is blowing toward Myers Corners Road; he's not picking on Waldbaums, but the other end of the Plaza is clear of debris and he therefore had to assume it was from the Waldbaum store. He asked that Mr. Gunderud be notified of the situation and be requested to check it out. Mr. Johnson had a few items to discuss ---the first was a letter received from the New York State Department of Transportation in response to our letter to them requesting left turn arrow:on Myers Corners Road for southbound traffic and a left turn arrow on Middlebush Road for easy flow of northbound traffic. This department seemed to misinterpret the request and Mr. Johnson felt the only avenue was to meet with Mr. FitzPatrick, the writer of the letter, on the site and point out to him exactly what they felt was needed to eliminate the traffic problems that now existed. He asked the Supervisor to contact the D.O.T. to arrange this meeting. His second item referenced a memo from Supervisor Diehl informing the Board that an accident which occurred on May 7, 1981 resulted in a telephone pole being hit causing an outage in electric power for five hours which affected the water supply in Rockingham and Oakwood. There was no problem at Rockingham, but the Oakwood storage was dei4ted and two loads of water had to be trucked in. Mr. Johnson thought that possibly our insurance would cover this expense. MR. JOHNSON moved that the Attorney contact the insurance agent to determine if this expenditure would be covered under no-fault insurance. Seconded by Mr. Versace Motion Unanimously Carried His last item was in regard to correspondence from Mr. James Spratt, Dutchess County Department of Public Works Commissioner dated March 10, 1980, which stated that there were 23 accidents el 37. at Myers Corners Road in the Spook Hill Road area and quoted a figure of $100,000.00 for the preliminary work in straightening the road and this would be put on his fiscal and construction plans. MR. JOHNSON moved that a letter be sent to Mr. Spratt asking for the number of accidents that are now recorded in that area, including the two that had occured in April of 1981, and also request the status of the project planned for the straightening of that road. SOconded by Mr. Versace Motion Unanimously Carried Mr. Lafko had another question and was recognized by the Chair and then asked about the drainage in the Rt 9D area. Mr. Johnson was of the opinion that the box culvert would be widened but did not have the details. Mrs. Reilly had been to a meeting on this subject and it was disclosed that this project was in the state's plan only if they put in a new bridge; if the bridge was not replaced, their plans were indefinite. Ron Lafko was recognized by the Chair and asked the amount spent for the guards at the Mancini property, the site of the storage of toxic wastes, how much longer the Town intended to guard the site and how far they intended to go with the Article 78 pro- ceedings. Mr. Diehl informed him the sum of approximately $2,000.00 had been expended to this date; the guards for the property would remain until such time as the Board directs him to remove them. The attorneys are investigating the matter of reimbursement of the monies spent by the Town in this matter and will keep the Board informed of their progress. Ron Lafko then asked how serious thisssituation was and Mr. Versace explained that D.E.C. was prosecuting the owner of this material, so that action alone would deem it serious. Mr. Versace then voiced his concern that letters. were received from our representatives, both county and state, but the Town officials have not seen them and the D.E.C. hasnot appeared on the scene ---they seem to be an invisible group of municipal law. When we need their power, they are nowhere to be found. ,5'i 373 A lengthy discussion than ensued on this matter by Mr. Lafko who interrupted and repeated that this product is transported through the village every day and named Axton -Cross and Bollinger's Paint Store among several storing this product. MR. JOHNSON moved to recess the meeting to May 14th, 1981 at 7:30 P.M. for the purpose of holding an Executive Session for the purpose of discussion of the matter of Fred J. Lafko/Atlas Water Company, regarding water supply. Seconded by Mr. Versace Motion Unanimously Carried The meeting recessed at 11:16 P.M. Reg. Mtg. 5/11/81 2,3 k 2(,ts ()Lug N Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on May llth, 1981, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law No. 1 of 1977, Regulating Dumping. Supervisor Diehl opened the Hearing at 7:59 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this hearing). Supervisor Diehl asked if there were any comments from the public either for or against the proposed Local Law. There were no comments from the public. Mr. Johnson moved to close the Public Hearing, seconded by Mrs. Mills and unanimously carried. The Hearing closed at 8:02 P.M. Elaine H. Snowden Town Clerk