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1980-02-13 SPM216 A Special Meeting of the Town Board of the Town of Wappinger was held on February 13th, 1980 at Town Hall, Mill Street, Dutchess County, Wappingers Falls, New York. Supervisor Diehl opened the meeting at 8:56 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine Snowden, Town Clerk This Special Meeting had been set by the Board at their regular meeting of February llth, 1980, for the purpose of acting on a resolution prepared by the Attorney regarding the Spring Hill Subdivision and any other business that may come before the Board. The following resolution was offered by COUNCILMAN JOHNSON who moved.: its adoption: WHEREAS, the applicant seeks to commence construction of certain building lots within the Town of Wappinger on a subdivision known as Spring Hill Subdivision and has tendered a performance bond for the same, and WHEREAS, the form of the bond has been determined not to be sufficient by the town, and WHEREAS, the applicant is desirous of commencing constructbn of certain homes immediately, and is willing to provide an additional cash bond under the subsequent terms of this agreement, and WHEREAS, the town is willing to permit such construction under the terms and conditions hereinafter stated, NOW, THEREFORE, it is agreed by and between the applicant and the Town as follows: 1. The applicant shall deposit with the town a surety bond in the sum of $32,000.00 in substantially the same form as annexed hereto. 2. The applicant shall further deposit in the form of a savings passbook in his name assigned to the Town of Wappinger in the sum of $4,000.00, said cash bond to be for the following purposes: a. The sum of $2,500.00 shall be held by the Town of Wappinger to compensate it for any legal fees which may be incurred if the applicant defaults upon hie obligation to complete highway and related improvements for which the surety bond has been posted and it becpmes necessary to commence an action against the surety to obtain payment of the bond. Said sum shall be returned to the applicant if, prior to the institution of such action, the required improve completed and accepted by the Town of Wappinger. These provisiana shall be construed in such a manner as to place the Town of W4ppinger in the same position as if applicant had voluntarily fully satisfied his obligations. 9- 217 b. The sum of $1,500.00 shall be held to assure com- pliance of the obligation of the applicant in maintaining the streets of the subdivision, prior to their acceptance by the town, free from ice and snow. Should the town superintendent of highways determine that ice and snow has not been removed, the highway superintendent shall telephone the applicant at such number as designated in writing by him and shall request that said snow or ice be removed. If said condition of ice and snow has not been cured to the satisfaction of the highway superintendent within twelve hours of said telephone notice, the highway superintendent shall contract on behalf of the applicant with a private contractor to undertake such actions and to pay the costs thereof from the above sum. Should said • sum be reduced to an amount less than $250.00, no further building permits shall be issued until said sum has been fully restored. The failure of applicant to answer such call shall not be construed as absence of notice, the only obligation of the town being to attempt to telephone applicant at the number provided by him. The determination of the highway superinten- dent shall be binding upon the applicant. Not withstanding anything herein to the contrary, the entry onto the subdivision of any private contractor shall be solely as an agent of the applicant, and the applicant shall hold the town harmless and shall indemnify the town against any claims arising out of the conduct or acts of said contractor. 3. This bond shall remain in full force and affect during the term of the surety bond simultaneously tendered unless•other- wise expressly provided herein and shall be binding upon the successors in interest of the applicant. 4. Upon offer of dedication and acceptance, the town shall return to the applicant those sums of money and accrued interest still on deposit. 5. This agreement shall be terminable at the sole option of the Town Board if at any time, in its sole discretion, determines that the amount of the surety bond will be insufficient to cover the costs of construction of the improvements required to be built by the applicant. If the Town Board elects to termin- ate this agreement, it may require, at its sole option, that a new bond be substituted in an amount determined by the Board, or that the required improvements be constructed. Failure to provide a substituted bond or to construct the required improve- ments shall be deemed a default of the surety bond previously tendered, and said bond shall secure applicant's performance thereof. 6. The consent of the applicant's surety to the terms of this agreement shall be a precondition of its implementation. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board of the Town of Wappinger on February 13, 1980 on a Local Law Amending Local Law ##1 of 1967 and Local Law ##5 of 1977, Providing for a Partial Tax Exemption of Real Property Owned by .Certain Persons with Limited Income 65 Years of Age or Over, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt Local Law ##2 of 1980 as follows: A Local Law amending Local Law No. 1 of 1967 and Local Law No. 5 of 1977. 3 1 218 x _ Be It Enacted by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 2 of Local Law No. 1 of 1967 and Section 2 of Local Law No. 5 of 1977 are hereby amended to read as follows: Section 2. Real property owned by one or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husl3and and wife, one of whom is sixty-five (65) years of age or over, shall be exempt from town taxes to the extent of fifty (50%) percentum of the assessed valuation thereof, subject to the following conditions: (a) The owner or all of the owners of such real property must file an application on forms provided by the State Board of Equalization and Assessment in the assessor's office on or before the first of May of each year or at such date as may be hereafter fixed by law. (b) The income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Eight Thousand ($8,000.00) Dollars for the income tax year immediately preceding the date of making the applica- tion for exemption. The income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and retirement benfits, interest, dividends, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital gifts or inheritances. Rental income and self-employment shall not be reduced by an allowance for depreciation. (c) The title to such real property shall have been vested in the owner or all owners of such real property for at least twenty-four (24) consecutive months prior to the date of making application for exemption.* (d) The real property shall be used exclusively for residential purposes. (e) The real property shall be the legal residence of and shall be occupied in whole or in part by the owner or by all of the owners of the same. (f) Applications for such exemption shall be made by the owner, or all of the owners of the property, upon forms prescribed by the State Board of Equalization and Assessment to be furnished by the assessing authority, and applicants shall furnish such information and shall execute the application in the manner prescribed in such forms. Such application must be filed with the assessor on or before the first day of May of each year or such other date as may be hereafter filed by law. Section 2. This Local Law shall take effect immediately upon adoption. * Notwithstanding any other provision of law, where a residence is sold and replaced with another within one year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of the exemption from taxation by a municipality within the state granting such exemption. Seconded by: Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays 219 A Public Hearing having been held by the Town Board of the Town of Wappinger on February 13, 1980 on a Local Law Relating to the Control, Confining and Leashing of Dogs, the matter was now placed before them for their consideration. MRS. REILLY moved to adopt Local Law #3 of 1980 as follows: A local law relating to the control, confining and leashing of dogs. Section 1. Purpose. The Town Board of the Town of Wappinger finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the Town. The purpose of this local law is to protect the health, safety and wellbeing of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town. Section 2. Authority. This local law is enacted pursuant to the provisions of Article Seven of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. Section 3. Title. The title of this law shall be: "Dog Control Law of the Town of Wappinger". Section 4. Definitions of Terms. As used in this local law, the following words shall have the following respective meaning: (a) Dog means male and female, licensed and unlicensed, members of the species Canis Familiaris. (b) Owner means person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the Dog Control Officer and a reasonable search has been made. If a dog is not licensed the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one (1) week prior tothe filing of any complaint charging a violation of this local law, shall be held and deemed to be the owner of such dog for the purpose of this local law. In the event the owner of any dog found to be in violation of this chapter shall be under eighteen years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this local law. (c) Run at large means to be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands. (d) Town means the Town of Wappinger. (e) Dog Control Officer means the person authorized by the Town Board from time to time, by resolution, to enforce the provisions of this local law. A dog control officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this local law, including service of a summons, the service of an appearance ticket pursuant to and in accordance with Sect. 126 of the Agriculture and Markets Law of the State of New York as amended by Chapter 374 of the Laws of 1975, and the service and execution of any other order of process, notwithstanding any provision of the Justice Court Act. s 220' Section 5. Restrictions. It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to: (a) Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the local law, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner. (b) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. (c) Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner thereof. (d) Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. (e) Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles or other vehicles while on a public street, highway or place, or upon private property without the consent or approval of the owner of such property. (f) Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property. (g) If a female dog when in heat, be off the owner's premises unrestrained by a leash. Section 6. Enforcement. This local law shall be enforced by the Dog Control Officer or any other Law Enforcement Officer. (a) The Dog Control Officer or a peace officer observing a violation of this local law in his presence, or having reasonable cause to believe that a person has violated this local law, shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of Section 126 of the Agriculture and Markets Law and this local law. (b) The Dog Control Officer or any peace officer shall seize (1) any unlicensed dog whether on or off the owner's premises, (2) any dog not wearing a tag, and which is not on the owner's premises and (3) any dog found in violation of paragraph (a) of Section 5 of this local law. The Dog Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Section 121 of the Agriculture and Markets Law, amd see that the order of the Town Justice in such case is carried out. (c) Any person who observed a dog in violation of this local law may file a complaint under oath with a Town Justice of the Town specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this local law. Section 7. Seizure of dogs. The Dog Control Officer is hereby empowered to seize any dog which has violated any of the provisions of this local law, and/or Article 7 of the Agriculture and Markets Law, and any such dog so seized shall be impounded or taken to such place as may be designated by the Town Board as a place of detention, until disposition thereof shall have been made in accordance with the provisions of this local law. Section 8. Redemption. (a) Periods of redemption - any dog seized by the Dog Control Officers shall continue to be impounded and held by him for the following prescribed time periods: TYPE OF SEIZURE Unlicensed or Unidentified dog Licensed dog Licensed dog REDEMPTION PERIOD 5 days 5 days (if personal notice, from date of notice) 7 days (if mail notice, from date of mailing) (b) Redemption fees - at any time during the period of redemption the owner of any dog seized may redeem such dog provided that such owner produces proof that the dog has been licensed and has been identified and provided further that the owner pays the following redemption fees: NUMBER OF TIMES IMPOUNDED REDEMPTION FEE First $10.00 plus $4.00 per day costs Second, within 1 year of first impoundment $20.00 plus $4.00 per day costs Third or more within 1 year of first impoundment $30.00 plus $4.00 per day costs Section 9. Disposition of seized dogs. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be available for adoption or euthanized. The Town shall keep for one (1) year a record of the disposition of all dogs seized, which records shall be open to public inspection. Section 10. Adoption. (a) At the expiration of the appro- priate redemption period an unredeemed dog may be made available for adoption for the following adoption fees: TYPE OF DOG Puppies up to six months Purebred or purebred type Mixed breed ADOPTION FEES $5.00 $10.00 $ 5.00 (b) Adoption of either a male or female dog shall be further conditioned upon the provision that the dog shall be spayed or neutered before release from custody of the Dog Control Officer, and at the expense of the adoptive owner. Puppies six months and under shall be exempt from the Spaying and Neutering requirements. They shall be released from custody on the express written stipulation that at such time as the owners Veterinarian deems it appropriate such dog shall then be spayed or neutered. Such written stipulation shall be provided to the Dog Control Officer who shall verify its compliance by written certificate from the Veterinarian that such Spaying or Neutering has been performed at the appropriate time. Failure to comply with such stipulation shall be a violation of this local law and be grounds for the seizure of said dog. 22 -' 2 Section 11. Trial Procedure. (a) The owner of a dog who is issued an appearance ticket pursuant to Section 7 herein may answer the same by registered or certified mail, return receipt requested, within five (5) days of the violation (s) as hereunder provided in lieu of a personal appearance on the return date at the time and Court specified in said appearance ticket. (b) If the person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. (c) If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket to the Town Court. Upon receipt, such answer shall be entered in the docket and a new return date established by said Court. Such person shall be notified by mail of the date and place of such return date and/or trial. If a person shall fail to appear at a return date a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law. (d) In the event that there is a violation of this local law based upon an information and not an appearance ticket, the Dog Control Officer or other Law Enforcement Officer shall immediately proceed to file an information with a Town Justice so that the matter will appear on the docket of the Town Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply. Section 12. Penalties. Any person convicted of a violation of this local law, and/or Section 119 of the Agriculture and Markets Law, shall be deemed to have committed a violation and shall be subject to a fine not exceeding Two Hundred Fifty ($250) Dollars or imprisonment for a period not to exceed fifteen (15) days. Section 13. Separability. Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or dedlared invalid, all other provisions hereof shall remain valid and enforceable. Section 14. Repealer. This local law shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Wappinger and they shall be, upon the effectiveness of this local law, null and void. Section 15. This Local Law shall take effect immediately, upon adoption and as prescribed by the Municipal Home Rule. Law. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board of the Town of Wappinger on February 13, 1980, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt the following Ordinance: An Ordinance regulating water and sewer service pipes. Be It Ordained by the Town Board of the Town of Wappinger as follows: 223 ' Section One: This ordinance shall apply to all water and sewer improvement districts within the Town of Wappinger. Section Two: a. The water service pipe or pipes leading from dwellings or other places, to the district water distribution system, together with the sanitary sewers from dwellings or other places to the main sewer, shall be installed and connected at the expense of the property owner. No connection to the water distribution system or the main sewer shall be made until a permit therefor shall be issued by the building inspector and all such connections or service pipes and fixtures shall be constructed under and in accordance with the "Rules and Regulations, Sewer, and Water Hook-ups, Town of Wappinger, effective June 1, 1976". b. The water service pipe or pipes from dwellings or other places to the edge of the paved portion of the road shall be kept in good repair by the property owner and at his expense and shall be maintained so that said pipes and connections shall be free of leaks. Upon abandonment of the water service or demolition of the building, the water service shall be dug up and shut off at the curb valve by the property owner and at his expense after obtaining a permit for the same and upon inspection by the building inspector. (1) The building inspector shall notify the property owner in writing of any existing leaks in the water service between the edge of the paved portion of the road and the meter or that the water service shall be dug up and shut off at the main because of the abandonment of the water service or demolition of the building or buildings serviced by water, and that such repairs or shut off shall be made within seven (7) days after the mailing of such notice by registered mail, return receipt requested, except that in the event of an emergency, as determined by the building inspector, in which case, the building inspector shall order the repairs to be made immediately. Upon failure of the property owner to act, the building inspector shall order the repairs or shut off made and the cost of making the repairs or shut off shall be paid for by the property owner. (2) If upon excavating the leak, it is found that the water service is pitted or crystallized to a point that permanent repairs cannot be made, then the building inspector shall order the water service replaced with new service pipe, and the cost shall be charged against the property owner. (3) Such repair costs or shut off costs as well as engineering and administrative costs if undertaken by the town shall be assessed by the building inspector, and shall be a lien upon real estate, and if not paid within sixty (60) days after the billing date, shall be collected in the same manner as provided in this act for the collection of taxes orother charges or assessments, in default of their payment. c. The repairs and replacements to the water service from the paved portion of the road to the distribution main shall be made by the town and the cost thereof shall be borne by the town. d. The domestic sewer from the dwelling to the main sewer or from other places to the main sewer shall at all times be maintained by the property owner and at his expense in the same manner and subject to the same town remedies and enforcement powers as heretofore set forth for water connection pipes. Section Three: The repairs and maintenance obligations described in the preceding sections shall be continual obligations and shall apply to all water and sewer service pipes previously installed therein. 224 Section Four: The finding by a court of competent jurisdiction of invalidity of any section, subdivision, paragraph, clause, sentence or phrase of the ordinarice shall not affect the validity of any remaining portion as each such portion shall be deemed a separate and distinct provision. Section Five: To the extent that any prior local law, resolution or ordinance of the Town of Wappinger is inconsistent, this ordinance shall supercede the same. Section Six: This ordinance shall take effect in the manner prescribed by Town Law Section 130. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays klipe MR. JOHNSON moved that copies of the adopted Ordinance Regulating Water and Sewer Service pipes be sent to Camo Pollution Control, also Mr. Hans Gunderud, Building Inspector, Mr. Lapar and Mr. Horton. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Versace requested that the Zoning Administrator be directed to check the residence on Roberts Road and report on the number of dogs that are being harbored there. Mr. Versace further requested that Mr. Gunderud's report on the Dean Site, be forwarded to Mr. Neuman, President of the Oak Park Civic Association, who had brought the matter to the Town Board. Mrs. Snowden informed him this had been done. There was no other business to come before the Board. MR. JOHNSON moved to close the meeting, seconded by Mrs. Mills and unanimously carried. The meeting closed at 9:07 P.M. cuLduALLOVA9.4,... Elaine H. Snowden Town Clerk Spl. Mtg. 2/13/80 A Public Hearing was held by the Town Board of the Town of Wappinger on February 13, 1980, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law ##1 of 1967 and Local Law ##5 of 1977, Providing for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Income 65 Years of Age or Over. Deputy Supervisor Nicholas Johnson opened the hearing at 7:05 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 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). No public was present and no one spoke on the proposed Local Law. MRS. MILLS moved to close the hearing, seconded by Mrs. Reilly and carried. The Hearing closed at 7:08 P.M. Elaine H. Snowden Town Clerk kpi gQ l TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING PROPOSED LOCAL LAW AMENDING LOCAL LAW #1 of 1967 AND LOCAL LAW #5 of 1977, PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH.LIMITED INCOME 65 YEARS OF AGE OR OVER. 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 January 30, 1980, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law #1 of 1967 and Local Law #5 of 1977, Providing for a Partial Tax Exemption of Real Property Onwed by Certain Persons With Limited Income 65 Years of Age or Over, on the signboard maintained by your deponent in her office in the Town Hall of the Town ofWappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Elaii a H. Snowden Town Clerk Town of Wappinger Sworn to before me this /3 =� Gina G's . NEWS 203 DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET . WAPPINGERS FALLS NOTICE 15 HEREBY GIVEN that there has been duly presented and in- ' troduced before the Town Board of the Town of Wappinger, Dutcheas County, New York on January 14, 1910, a Localproposed 0ming Low No. 1 2 1967 and Local Law No. 5 of 1977, Providing for a Partial Tax Exemption of Real Property" Owned by Certain Persons with Limited Income Who Are -65"Years 04 Age or Over. NOTICE IS FURTHER GIVEN Mat the Town Board of Me Town of WapPinger will conduct a Public Hearing on the aforesaid proposed Local LawatMe Town Hall; Mill Street, Wappingers County, Falls, MYrk onwthe 13th day of February, 1990, at 7:00 P.M. • ES T, on such day, at which time all • paNOTIes CE IS FURTHER heard. GIVEN Mat copies of the aforesaid proposed Local Law will be available for examination ' and inspection at the office of the Town Clerk of the To of Wappinger In. the Town Hall between the hours of 9:00":' A.M. and 4:00 P.M. ES T on all business days between the date of this notice and tet date of the public hearing. Elaine H. Snowden Town Clerk Town°f Wapping's. Dated: January 25, 1990 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess. Town of Wapptnger. •Beatrice Osten of the Town of Wsppinger. Dutcheu County. New Yak. being duly sworn. says that he Is. and R tbe.several times hereinafter was, tbe..CorwditorrPaibLuittefa^ W. & S.D. NEWS, a newspaper printed and published every Thursday In the year In the Town of Wappinge . -Madsen County, New York, and that the annexed NOTICE was duly published in the said newspaper for e...4Y .. week succeuively... 9Psgl.. in each week. commencing on the.. JQt}i..day of....Jernsaz:, .•. 19.$Q and on the following dates thereafter. namely on and ending on the.... 4th . day of.. •4PAIWY.. • . 19$Q both days inclusive. Subscribed and sworn to before me this ?MIL ....day of Jc'L1111c'Qi 19.8D Notary Public My commiulon expires :-;•Z.:_ :7i".:J • p COMMISSiOh EXPiHtd AiAi M ; o, 15RP 204 A Public Hearing was held by the Town Board of the Town of Wappinger on February 13, 1980, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Regulating Water and Sewer Service Pipes in the Town of Wappinger. Supervisor Diehl opened the hearing at 7:15 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). Mr. Diehl asked if anyone wished to speak on this Ordinance. No one spoke for or against the Ordinance MRS. REILLY moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 7:17 P.M. j� -2;t1-rwC Elaine H. Snowden Town Clerk 206 1! TOWN BOARD: TOWN OF WAPPINGER 1 AN ORDINANCE REGULATING WATER AND SEWER SERVICE PIPES DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING ' 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 Dutchess and State of New York. That on January 30, 1980, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Regulating Water and Sewer Service Pipes, 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 f A's Notary Public 1980. Naf :.10, 19 Elaine H. Snowden Town Clerk Town of Wappinger W and 5'. El) NEWS DISPLAY ADVERTISING 207 CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS PLEASE TAKE NOTICE that following Ordinance was adopted by Ma Town Board of the Teem 01 Wappinger•a> a Special Meeting held February 17. 1980. . AN ORDINANCE -regulating we and sewer service pima. BE IT ORDAINED by the Town Board of the Town of Wappinger as follows:' • Section One: This ordinance steal" apply to all water and sewer im provement districts within the Town Wappinger. Section Two: - a. The water service pipe or pi leading from dwellings or other places, to the district water distribution system, together oge Ier with tee sanitary sewers from d ngs or enter pieces%o the main sewer, shall be installed and connected . at the expense 0f the property owner. No-. . connection to the water distribution system or the main sewer shall be made until a permit therefor she'll be issued by the building inspector and all such s connection or service pipes and fixtures ' shall be constructed under and in ac- cordance with the "Rules and; Regulations, Sewer, and Water Hook - UPS, Town of Wappinger, effective Jun* 1, Pilo.' b. The water service pipe or pipes from dwellings or other places of the - edge Of the paved portion Of tee road shall be kept in good repair by lee property owner and et his expense and shall be maintained so mat said pipes. and connections shall be free of Teaks. -. Upon abandonment of the water service or demolition of the building, the water service shall be dug up and shut off et the curb valve by the property owner and at his expense after obtaining a- 17 permit for me same and upon inspectiat y ?he building inspector. (1) The building inspector shall. notify the property owner in writing Of - arty existing leaks In the water service between the edge of the paved portion of the road and the meter or that the water . service shall De dug up and shut off at Me main because of the abandonment of . the water service a demolition of the building or.buildinps serviced by water. and that such repairs or shut off shall be made within seven (7) days after the mailing .of such notice by registered mail, return receipt requested, except that in the went of an emergency, as determined by the building inspector, in -which case: the building inspector shall order the repair 10 be riled, Im- mediately. Upon failure of the property owner toact, the building i to she .order the repairs or shut off mode and the costal making the repairs or shutoff shall be paid for by the property owner. (2) If upon excavating Me leak, it Is 'found that the waterservice is pitted or :crystallized to a point that permanent repairs cannot be made, then the - building Inspector .shall .order the water service replaced with new service . - and the cat shall be charged against property owner. (3) Such repair cats of shut off cos as well as engineering and ed- ministrative costs If undertaken town shall be assessed by the bus inspector, and shall be a Tien upon res estate, and if not paid within sixty (60).. days atter the billing date, shall be collected in the same manner as .provided in this act for the collection of taxes or other charges or assessments, in default of their payment. c. The repairs and replacements to the water service from the paved portion of the road to the distribution main shall be made by the town and the cost hereof shall be bone by the town. d. The domestic sewer from the , dwelling to the main sewer or from other places to the main sewer shall at all • times be maintained by the property owner and at his expense in the same manner and sublect to the same town remedies and enforcement powers as heretofore set forth for water connection pig. Section Three; The repairs and maintenance obligations described in the preceding sections shall be continual Obligations and shall apply tO.all water and sewer service pipes previously installed in the Town of Wappirger as well as to those subsequently installed therein. Section Four: The finding by a court of competent jurisdiction• of invalidity of - any section, subdivision, paragraph, clause, sentence or phrase of the or. ' drtence shall not affect the validity of any remaining portion as each such... portion shall be deemed a separate and. distinct provision. Section Five: To the extent that any , prior local law, resolution or ordinance of the Town of Wappinger is In- consistent, this ordinance shall super- - cede the same. Section Six; This ordinance shall take effect in the manner prescribed by Town Law Section 130. I, ELAINE M. SNOWDEN, Town Clerk of the Town Of Wappinger do hereby certify that the forgoing Ordinance was - , duly, adopted ata Special Meeting of tee Town Board of the Town Of Weppingef he'd February 13. 1900, at which tLmf a,_ roum was presentand participated t and that the same has not been in any manner rescinded or an- nulled end that the same is still in force and effect and. Is duly. entered in tee": , minute Of said meeting . Ile WITNESS WHEREOF.. r -lave: hereunto set myhand and tee seal., then - said Town of Wapping,* thisTgh dayof e'�ruar1. `!I RINE N;SNOWDEN .-Tawnef W�{lam AFFIDAVIT OP PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. 3eatrice Osten of the Town of Wappingers Dutcheu County, New York. being duly sworn, says that he Is. and R the several times hereinafter was, theca .ZaLtor: BubLishrJef W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappingers •Dutchess County. New York. and that the annexed NOTICE was duly published in the said newspaper for one week succeulvely once in each week. commencing on the 20th day of r eb wy... 1950, and on the following dates thereafter, namely on and ending on the • 20th day of x etIrlxpx; ... 19.oVPboth days Inclusive C.0 Subscribed and sworn to before me this ...... ?PA....day of..Fphzuaxy My commission expires 19.89 Notary Public ALEZR T M. CSTEN NOTARY i.:.. c-.;-2. CF t:.7 Yo Ccb:CTY 30, 1 208 A Public Hearing was held by the Town Board of the Town of Wappinger on February 13, 1980, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a Map, Plan and Report for the Construction of a Storm Sewer on Bel -Aire Lane in a Subdivision off Myers Corners Road. Supervisor Diehl opened the Hearing at 7:43 P.M. file , Present: fly 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). Jim Sheedy, Bel -Aire Lane, asked if this was a road project and a drainage problem. When Mr. Diehl responded that this was the intent of the Board, Mr. Sheedy Maid there was no point in doing these projects unless they first concentrated on the pond; this must first be drained since it was causing all kinds'of problems, and he re- minded Mr. Diehl that he was well aware of the problems, since he had witnessed them. Robert Church, engineer from Mr. Lapar's office was present and had helped design the drainage plan that was being presented. When asked about draining the pond into the drainage project, he said there could be drainage problems because the pipe necessary to do that would cross the land of an unknown owner. Discussion continued between Mr. Sheedy, Mr. Diehl and Mr. Church on alternate plans, more feasible ones and the most economical ones. Mr. Diehl felt they could move ahead with the plan presented, then have a Part II later on, at least get the project going. The developer of the property where the pipes would have to go through would benefit from this, but they would then have to accept his drainage problems. Mr. Versace felt, in view of the circumstances they were now faced with, the first step was to find out who the owner was before they came up with any new undertakings. The legal and engineering problems 203 would have to be dealt with first. Mr. Diehl suggested that they take into consideration thefacts that came out tonight, adjourn the meeting to a date maybe 20 days from now, and have the Engineer research the plans for draining the pond. Even if the Town had to spend another 2 or $3,000 dollars to do it properly, it would be worth it. Dick King, Orange Court, asked who put in the top pipe on the pond; if the Town put it in, there's no problem, go back and do the same, the first problem is the pond, and then there's the cul-de-sac that's relatively flat, so there is a lot of water that remains there. He asked that they check that when they go out to the area. When will the construction start? Joseph Benigno asked what the cost of the project would be; he was told $151,000, of which $17,000 would be for 850' of road repair. Mr. Versace asked who would be responsible for the retaining pond, this was something else to think about. Mr. Sheedy brought up another point; if the retaining pond is not going to be filled in, what happens to the excavation from the pond which is a mound of clay about 25' high that never turns green; he's been waiting for two years for some green color. Dick King wondered if there would be a vote on this, if after the next public hearing in 20 days, everyone was agreeable to the plans. Mr. Benigno asked about a sewer system for that area. Mr. Diehl set a date for March 5, 1980 at 7 P.M. for the date of the adjournment of the Hearing. The Hearing adjourned at 8:17 P.M. Elaine H. Snowden Town Clerk • 210 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF* POSTING MAP, PLAN AND REPORT FOR THE CONSTRUCTION OF A STORM SEWER ON BEL-AIRE LANE 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 Dutchess and State of New York. That on January 30, 1980, your deponent posted a copy of the attached notice of Public Hearing on a Map, Plan and Report for the Construction of a Storm Sewer on Bel -Aire Lane, on the signboard maintained by your deponent in her officein the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. t- Sworn to before me this i3 -- day o f7:214,u444. 1980. NotaPublic DONALD G. BUCK ..tdotary et !int Yu tit Etats County ::::ttrets Ilartb 30, 19 a. e'.CL0,-(4A •,..,(QC(A Elaine H. Snowden Town Clerk Town of Wappinger , DISPLAY ADVERTISING PLEAS E -TA K ..Town- a Board of We: wll► 'conduct -.a PuDlic:,Hearinp :orf `February 130910at7170 P,M: ES T.at t}hh*a•Town HMI MilCSfreet,% VIIIage al Wappingers„FaIIs, • Dutchass' County_ New York, - on- a Pjart and R for the construction, "a. Storm Sewer,. on Bef-Aire Lane in a Subdivision off Myers Corners Road in the vicinity. of Losse Road. ,-AH persons.wfshinR to be haafd'or. a -intearnids,t.eif inlh•afor said.are invited.to attend ti 3 • N Snointieei a F Town•Clerk Towrror Wappinger Dated: January 25; 1910; ..' NEWS CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS 211 AFFIDAVIT OP PUBLICATION State of New Yak. County of Dutcheu. Town of Wapptnger. • Beatrice Cstten of the Town of Wsppinger. Dutcbeu County. New York. being duly sworn. says that he ts. kind It the several times hereinafter was. the Co—editor—tb_isae W. & S.D. NEWS. a newspaper printed and published every Thursday In the year In the Town of Waapinger. -Dutcbess County. New York. and that the annexed NOTICE was duly published to the said newspaper for succeulvely... Rlicik , to each week. commencing on the... ,.'ti?tb.. day of...Januazy:.... 19.W and on the following dates thereafter. namely on and ending on the....30..`..k'. day 19. both days inclusive. Subscribed and €worn to before me this...... .th....dsy of.... s7.44%.1 19.330 Notary Public My commission expires ALE_7T M. C--_,: NOTARY PL'E.C, ST.Y7E YC"C Q:Y,; r .. 212 A Public Hearing was held by the Town Board of the Town of Wappinger on February 13, 1980, on a proposed Local Law on Dog Control, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the Hearing at 8:20 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). Mr. Richard Tallman, 22 Roberts Road, asked if there was a limit on the number of dogs a person was allowed to own, and if so, was this covered in the Dog Ordinance. He was told that this was covered by the Town zoning Laws. He then remarked that he lived across from a kennel, and although conditions had improved, he found it difficult to live with barking dogs and those who roamed outside the fence that had been put up. These violations, he was told, were included in this new law. He felt, also, that should be a limit to the number of dogs allowed in a kennel. June Weyant, Chelsea, stated that she, too, lived near a kennel, and her gripe was how do you know how many dogs are actually in the kennel --whose right is it to go in and check on the number of dogs. The Board replied that this was within the jurisdiction of the Zoning Administrator, however, she meant for him to actually go into the house and count the dogs, and this was debatable if it would be legal if he was not giving access to the house. She then asked who determines what "loud" is under Section 5 (b) "engage in habitual loud howling, barking, crying or whining ". This, she was told, would come under the jurisdiction of the Dog Control Officer, and it was also pointed out that if you continue reading that section, it states ----loud howling ----or conduct itself in 213 such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog". This was not her only complaint; another gripe was that of a big problem with loose dogs, nobody every came down and checked on it. Mr. Tallman questioned Section 6 (c) which stated that any person who observed a dog in violation could file a complaint under oath with a Town Justice. Did he have to see one of the judges or could he submit it to the office? He was told he could file it with the Court Secretary. Mrs. Weyant asked if the law would be published once it was adopted, would it be posted in any designated place. The Town does not normally do this but Mrs. Snowden invited her to take copies of the law and post it wherever it would do the most good. There were no other comments from those present. MRS. MILLS moved to close the Public Hearing, seconded by Mrs. Reilly and carried. The Hearing closed at 8:45 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF A PROPOSED LOCAL LAW #3 of 1980 DOG CONTROL LAW OF THE TOWN OF WAPPINGER. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: 214 AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 January 30, 1980, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law #3 of 1980 on Dog Control Law of the Town of Wappinger, 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. to V10,41ri, Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this /_0-F! day of pwALAA40, ,. 1980. Notary Public DONALD G. SUCK NOtar, r•.Silc ci H;:. V,:k State Residing 0ctches.s Ceunty sip CDmmisefon expires March 30. 19 VV. and B. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS qoui 'NOTICEAS HERE'S ..... WEN there. kas•beek:duly presented and; .trodiloed beforefhe'Tawrt=Board`oN 'Totem -of Wappinger;*: Dutchess.Coun .Ne.r*York, or .Januar ath I9!0'••8: orooeaed Local fief.. entitted 'Tog ContrOLLaw of the Wappppi erIN.n. .�NOTJCE IS FURTHEE tha tthe%Town Board of 1tte:Town;004Wa a�conduct PoLarian theaadproposed Locall Law at To Ma11, Mill Street,'""WappinperS FakeirOutchese. County,_ New =:York. . the ,,17th day of Feb 19e0. at II: P.M..EST,a►such dayyra whist mit . partite interested. will be. heard. - t„ NOTICE -ISS FURTHat +CHYEeHiha copietafrthe aforesaid" pcoposed•Loca • ltbe¢'avaitable: for ''/satinet! lomat the office ortti T ohlttelTorns of Wappin0e ;irl=.the "betweerietes .hours' of -0:00 00 P.M. ESDorestebeetiness:. "dayetket eerathe date °ells* MR aft flies, ; W ;Itis. -public To rtCierk Via 215 AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger. • Beatrice Osten of the Tpwn of Wappinger. Dutcheu County. New Yak. being duly sworn. says that he Is. rind it the_several times hereinafter was. the.99.—X4 .tQr: 1bli. b if W. & S.D. NEWS. a newspaper printed and published every Thursday la the year in the Town of Wappinger. -Dutcbess County. New York. and that the annexed NOTICE was duly published in the said newspaper for one week succeuively 0119V...in each week. commencing on the 30th day of...s7 'I11; .... 19.09 and on the following dates thereafter. namely on and,e,nding on the.... 3Ath. day of.....Iarwwaxy.. 19.SSt��r2 both days inclusive. Subscribed and sworn to before me this .330th day of Ji1111 ..Y 19. AO My commission expires Notary Public P. T.T1T M. OZI-EN NOTARY' UOLIC, eF NEW YORX Qy`+: flnJ ! 1 Gs; ;Hc COUNTY gUMS1i33101f 00111E3 MAnCCU 30, 181)