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1981-01-19 SPMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 19, 1981 230 1. Call Meeting to Order 2. Roll Call 3. Consider Local Law amending Local Law #2 of 1967 4. Authorize Supervisor to sign Sloper Contract 5. Approve requests of Departments to authorize several employees to attend Association of Towns Meeting. 6. Adjournment 231 A Special Meeting of the Town Board of the Town of Wappinger was held on January 19, 1981, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Mr. Johnson opened the meeting at 6:53 P.M. Present: Nicholas Johnson, Deputy Supervisor Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Diehl, Supervisor Mr. Johnson noted that this special meeting was set at the last regular Town Board meeting, to consider action on a proposed Local Law Amending Local *2 of 1967. At the public hearing on this Local Law, there were comments that the fine of $250.00 should be raised to a higher amount. This was referred to the Attorney for his review and recommendation and his legal opinion was received saying that this figure could go as high as the Town deems neces- sary, however, he indicated verbally that the courts have been supporting a fine in the amount of $1,000.00. The following proposed Local Law was introduced by COUNCILMAN JOHNSON: A Local Law Amending Local Law No. 2 of 1967 BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 15 of Local Law No. 2 of the year 1967 is amended by substituting the following provisions in place of the provisions of that paragraph previously adopted: Any person found to be violating any provisions of this local law or failing to observe the provisions thereof may be prosecuted for such conduct, and upon such conviction shall be guilty of a violation as defined by Penal Law Section 55.10, Subdivision 3. Any person so convicted may be fined in an amount not exceeding $1,000.00 for each violation or be subject to imprisonment for a term not to exceed 15 days or both. Each day in which any violation of the local law shall continue shall be deemed a separate violation. In addition, or in the alternative to other remedies including the foregoing, the Town Board or by any Town officer deOgnted by the Town Board may institute any appropriate action or proceeding to restrain, correct or abate any violation of the local law or to compel compliance with said local law. Section 2. This local law shall take effect 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 19th day of January, 1981, a proposed Local Law Amending Local Law #2 of 1967 which regulates the establishment, construction, installation, extension, enlargement, acquisition, operation and use of water supply and distribution systems in the Town of Wappinger, more specifically, to amend Section 15 of Local Law #2 of 1967, 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 proposed Local Law by the Town Board of the Town on the 9th day of February 1981 at 7:45 P.M. EST at the Town Hall, Mill Street, in the Village of Falls, Dutchess County, New York. the said of Wappinger on such day Wappingers 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 oncein the official newspaper of the Town of Wappinger. Seconded by: Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays Next to be considered by the Board was the Sloper-Willen Ambulance Company Contract, since it had been tabled from the lastmeeting for more information. Mr. Johnson asked if the Board Members were satisfied with the answers to their questions and were they ready to act on this matter. MRS. MILLS moved to authorize the Supervisor to sign the contract with the Sloper-Willen Ambulance Company for the year 1981. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays Three letters of requests for employees to attend the Association of Towns Meeting were received by the Board ---Mr. Diehl for Mrs. Melva Laffin, Mr. Gunderud for Mrs. Dorothy Hirsch, and Mr. Logan for Gladys Timbo. MRS. MILLS moved that the above mentioned employees be given permission to attend the Association of Towns Meeting in February, as requested by their respective department heads. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays There was no further business to come before the Board. MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly and carried. The Meeting adjourned at 7:58 P.M. laine H. Snowden Town Clerk Spl. Mtg. 1/19/81 A Public Hearing was held by the Town Board of the Town of Wappinger on February 9, 1981, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law #2 of 1967, (Water Supply and Distribution Systems) Pertaining to the Section on Violations and Penalties and Enforcement Thereof. Supervisor Diehl opened the Hearing at 7:52 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace,Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town 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). Mr. Joseph Fulton asked the Board if this local law, in their opinion, applies to the Atlas Water Company since they intend to service customers within their franchise area or permissive area. Mr. Diehl replied that, in his opinion, it would apply to any water company. Mr. Fulton continued and said the Atlas Water Company was established before 1967 and it appears that the Town Board has been advised that this law affects Atlas. They are being misled, he said, if this is their intent; they are creating legal harassment. Joseph Ryan, 34 Baldwin Drive brought up a request to have the Town water tested for organic or inorganic substances, as a member of the Conservation Advisory Council. However, he was informed that this was not the subject to tonight's hearing, and it should be brought up at a regular Town Board meeting. Mr. Fred Lafko asked the Board if they had received copy of a letter dated March 5, 1980 relating to the Atlas Water service area; the Board did the feel that this subject applied to the subject of the hearing. Mr. Lafko kept on reading parts of this letter which had been received nearly a year ago and again sent to the Board this day. Mr. Diehl interrupted him to say if Mr. Lafko so desired, the letter would be made part of the record of the hearing and is on file in the Town Clerk's office. Mr. Lafko then polled the Board individually and asked each one if, in their opinion, Local Law *2 of 1967, had any affect on the Atlas service area filed in 1964. Mrs. Mills felt it included all water districts in the Town. Mrs. Reilly also felt it pertains to any water company in the Town. Mr. Lafko kept referring to the fact that Mr. Fulton was the author of the law and Mr. Lafko helped draft the law and that was not their intent. Mr. Johnson said there were no exclusions the way he read it. Mr. Versace said they were merely upgrading the fine which he supports and he assumes it takes in all water companies just as it did back in 1967; their main concern tonight is to agree on the amount of the fine involved. Mr. Lafko then wished to know the Attorney's opinion. Mr. Diehl then stated that they were here tonight to hear pros and cons on the section that was being amended and that pertained to violations and penalties. When asked by Mr. Versace if he agreed with this law, Mr. Lafko replied that he did not agree with the amount of the fine, it should be $2,000.00. Mr. Joseph Ryan then quoted sections from the Sanitary Code, and the Safe Water Drinking Act. NO one else spoke. Mr. Johnson moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 8:23 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK 010 IN THE MATTER AFFIDAVIT OF OF ' POSTING A PROPOSED LOCAL LAW AMENDING LOCAL LAW #2 OF 1967, (WATER SUPPLY AND DISTRIBUTION SYSTEMS) PERTAINING TO THE SECTION ON VIOLATIONS AND PENALTIES AND ENFORCEMENT THEREOF STATE OF NEW YORK ) ) ss: 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 butchess and State of New York. That on January 23, 1981, your deponent posted a copy of the attached Notice of Public Hearing on a proposed Local Law Amending Local Law #2 of 1967 (Water Supply and Distribution Systems) Pertaining to the Section on Violations and Penalties and Enforcement Thereof, 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 February, 1981. C 14p Elaine H. Snowden Town Clerk qt Notar Public VIRGILIO ;r:R%.1.10EZ, JR. Meier/ v.ork grim ti iqCoommisisea soiree Man* 30. L I Dated: January 231983., Town of Wappinger DISPLAY ADVERTISING and 5. D. NEWS. •CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS ' NOTICE 15• NEREn4r OIViN that there has beanpresented an traduced before t rmm Board of Town of Wappinger, Dutch's. Corn' • New York on the 19 tr day. of January sproposectLocal law' lonat..kare. of th! yea:_190 'stens lel: + °� _L LAWN `ai9e, - -'A LOCAL LAW. AMENDING • LOC& {.AW NO. 2 OF THE YEAR 199T:. BE ENACTED BY the Town scold. pf the Town of W tuntyl SecoowNewyolks. 1}.of t� y%