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1979-08-27 SPMA Special Meeting of the Town Board of the Town of Wappinger was held on August 27, 1979 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Notice of said meeting was sent to all Board members on August 22, 1979, setting the meeting for August 27, 1979 at 8:00 P.M. for the purpose of considering action on the establishment of Central Wappinger Water Improvement Area #1A, the adoption of Local Laws pertaining to Fire Hydrants and Signs, to consider the request of Longhitano & Son, Inc., and any other business that may properly come before the Board. Newspapers and radio stations had been notified and notice posted on the Town Clerk's Bulletin Board. Supervisor Diehl opened the meeting at 9:15 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Elaine Snowden, Town Clerk Absent: Janet Reilly, Councilwoman A Public Hearing having been held on August 27, 1979 on a Local Law Regulating the Opening of Fire Hydrants in the Town of Wappinger, the matter was now placed before them for their consideration. MR. JENSEN moved to adopt Local Law #5 of 1979 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. It shall be unlawful for any person to open any fire hydrant for the purpose of discharging water therefrom within the Town of Wappinger unless that opening is an "exempt opening" as defined by Section 2 of this local law. Section 2. Individuals who are members of local fire companies engaged in activities under the supervision and direction of local fire officials shall be exempted from the provisions of Section of this local law, as shall all employees or authorized agents of the Town engaged in town activities. Section 3. Any person violating the provisions of this local law shall be subject to a fine not exceeding $500.00 or to imprisonment for a period not exceeding 10 (ten) days or to a combination of the above. Section 4. This local law shall take effect immediately upon filing with the Secretary of State.. Seconded by: Councilman Johnson Roll Call Vote: 4 Ayes 0 Nays 1 24 8 * 2 4-9 A Public Hearing having been held on August 27, 1979 on a Local Law Prohibiting Destruction of Public Signs, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt Local Law #6 of 1979 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. It shall be unlawful for any person to remove, destroy, damage, deface, paint, or otherwise alter in any manner whatsoever any public sign within the Town of Wappinger, including but not limited to street signs, traffic regulation or advisory signs, directional signs, speed limit signs, safety signs, traffic lights or any other public signs of any nature or character. Section 2. Persons violating this local law shall be subject to fines not exceeding $100.00 or incarceration for a period not exceeding 5 (five) days or both. Section 3. Notwithstanding the foregoing, the Town may recover from any person violating this local law by appropriate civil action that sum of money necessary to reimburse the town for any damage caused by such person together with such action, including reasonable attorney's fees. Section 4. If any part, section, sentence, word, or other portion of this local law is found to be invalid by a court of competent jurisdiction, such finding of invalidity shall not affect that portion of the local law not found to be invalid. Section 5. This local law shall take effect immediately upon filing with the Secretary of State. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays The following communication was received: August 18, 1979 Town Board of Wappinger Town Hall Wappingers Falls, N.Y. Re: Lot ##77 Kent Road Gentlemen: We request your approval in transfering Lot #77 Kent Road from the Rockingham FMS. Sewer District to Sewer District ##1. At this time Rudy LaPar supports this request. We appreciate your earliest consideration in this matter. Thank You. Sincerely, s/ Signorino Longhitano Pres. The following Memo from Mr. Ryan and letter to Mr. Diehl from Mr. Lapar regarding this matter were received: 1 Memo To: Town Board From: Matthew W. Ryan, Comptroller Date: August 21, 1979 Subject: Sewer Imp. ##1 Tenant Application Longhitano and Son, Inc., has requested that the Town Board give its approval to one of his lots becoming a tenant to S.I. #1. (This parcel is in the Rockingham District but cannot receive service.) The Town Board has historically charged double rates for tenants. In this case, the rate would be 2x$37/qtr or $296/yr. Mr. Longhitano should obtain a signed disclosure statement from his prospective purchaser in which the purchaser agrees to be bound by thedouble rates of S.I.#1. He should also acknowledge that he understands that there will be no capital charge on his tax bill for S.I. #1 but that some day there might be one for Rockingham. August 24, 1979 Louis D. Diehl, Supervisor Town Hall Town of Wappinger Mill Street Wappingers Falls, NY Re: Lot #77 Kent Road Town of Wappinger Dear Lou: The reason that I support the connection to the Wappinger Sewer Improvement #1 from Lot 77 is that the line in the Rockingham Sewer District, which was supposed to service this lot is almost flat and does not drain, therefore, making it unusable. Field investigations have confirmed the above fact. I have enclosed a map of that area indicating the nonfunctioning line. Please remind the Applicant that a storm drainage easement along the west side of Lot #77 is a condition, before a C.O. can be issued. Very truly yours, s/ Rudolph E. Lapar MR. DIEHL moved that the request be granted for a hook-up into Wappinger Sewer #1 by Mr. Longhitano, subject to the conditions as stated by Mr. Ryan as double rates, $500.00 tap fee, and the possibility of any future capital costs and then an agreement be so formulated by our Attorney and signed by Mr. Longhitano and/or any other responsible person. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes Before the vote was taken, Mr. Longhitano objected to the $500.00 tap fee, stating that he was not aware of this charge on WSI#1, only on Rockingham Farms Sewer District. He was told this was one of the conditions when hooking up to the Sewer Districts as a tenant. There were no Benefit Assessment charges on this parcel 1250 ik 2 5 1 as people in the district were required to pay each year, so this amount would reimburse the district for the assessment charge they were not collecting on this parcel. Mr. Diehl presented a memo requesting that the Board suppoat the Dutchess County Supervisors Association in their complaint of the lack of security at New York State Correctional Facilities. He stated that recent escapes leave no question that there is a lack of corrective measures and inadequate manpower to prevent escapes at facilities in Dutchess County. MR. JOHNSON moved that the Town Board of the Town of Wappinger join with and support the Dutchess County Supervisors Association in a formal complaint of the apparent Correctional Facilities. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays The following memo was received: Memo To: From: Date: Subject: lack of security at New York State Jack Railing, D.C. Health Department Elaine H. Snowden, Town Clerk (for Special Meeting (8/27/79) Town Board Members Louis D. Diehl , Supervisor August 27, 1979 Outages in the Atlas Water System in month of August, 1979 This office was alerted approximately two weeks ago of an outage and failure to supply water to its district users. The exact date is not available but reports state system was out of service for approximately six (6) hours for all district residents. This past weekend a report was again received of a loss of supply in the water system, the length of time and number of residents affected unknown. P.S. Dutchess County Dept. of Health: Request information of these two instances and knowledge as to cause of down time as recorded at Dutchess County Health Dept. Mr. Lafko, principal of Atlas Water Company, discussed this subject, why there was an outage, and their remedy which was a generator hooked up to the system, which would assure the customers that this company would not experience an outage again due to loss of power. The first outage was due to the results of a bad storm in the area the day before. Mr. Lafko had checked with the Department of Health and had received only two complaints. Mrs. Mills reiterated that she had had many complaints from the residents of Wildwood that they were without water and she presented a petition signed by 37 residents "to force Mr. Lafko to hook up 125. emergency generator". Mr. Lafko claimed that the generator was hooked up on the lith of August and they had power that day about 2:30 P.M. Mrs. Mills differed with him. Mr. Jensen asked when he was requested by the Department of Health to hook-up a genera- tor to his system. In further discussion, Mrs. Mills said they were told by Mr. Lafko's son that the reason the generator was not hooked up was because of vandalism. Mrs. Carol Holland, 29 Split Tree Drive, being recognized by the Chair, stated that she had circulated the petition because the kwe area was without water on Saturday and they were without it two weeks ago; she had small children and went without it for many hours. Mr. Lafko stated that he did not have to be forced to hook up the generator. Mx. Johnson reported that he had had a report from Ecolsciences Inc. on the preparation of a Draft Environmental Impact Statement in accordance with the requirements of Part 617.12 and Part 617.14 of the Environmental Conservation Law 8-0113, amended September 1978. The cost of this work would not exceed $1,593.00 and would be re- stricted to those elements of the zoning ordinance proposed for change. This charge would not include participation in any public hearing deemed necessary by the Town Board. The length of time to complete this project would be approximately 3 to 4 weeks. MR. JOHNSON moved that the Supervisor be authorized to sign the agreement with EcolSciences, Inc. to prepare a Draft Environmental Impact Statement in accordance with Part of the Environmental Conservation Law, through the Environmental Advisory Council, in the amount of $1,593.00 (estimated), subject to the approval of the Attorney to the Town. Seconded by Supervisor Diehl Roll Call Vote: 4 Ayes 0 Nays Judge Francemhad previously requested that the Town Board appoint Brenda Miller as a Law Enforcement Officer to serve at times,ishen the other officers were not available. MRS. MILLS moved that Brenda Miller be appointed as a Law Enforcement Officer for the Town of Wappinger. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays 1259 Mr. Jensen had previously requested that Central Hudson be contacted to install a street light at the intersection of All Angels Hill Road and Alpert Drive; as of this date, the light had not been installed. MR. JENSEN moved that the Town Clerk contact Central Hudson and inquire when this work order will be processed and why the delay. Seconded by Mr. Johnson Motion Unanimously Carried - Mr. Jensen then discussed the new stretch of road on All Angels Hill Road at the intersection of Brown Road where a curve had been eliminated. He had had several complaints from residents of Wappinger and East Fishkill noting that there was no improve- ment. MR. JENSEN moved that a letter be directed to Mr. James Spratt, Commissioner of Dutchess County Department of Public Works asking that they review the turn offs on All Angels Hill Road and Brown Road and have additional work done to remove the hazards that exist. Seconded by Mr. Johnson Motion Unanimously Carried M. LNEkb, being recognized by the Chair, wished to clarify for the record that the petition that had been submitted by Mrs. Mills contained 24 customers' signatures, not 37, as had been state*. previously. (There were actually 37 signatures, some Husband &Wife). MR. DIEHL moved to close the Special Meeting, seconded by Mrs. Mills and carried. The meeting closed at 9:48 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 8/27/79 1242 A Public Hearing was held by the Town Board of the Town of Wappinger on August 27, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on A Proposed Local Law Regulating The Opening of Fire Hydrants in the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:05 P.M. Present: Louis D. Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Leif Jensen, Councilman Elaine H. Snowden, Town Clerk Absent: Janet Reilly, Councilwoman The Town Clerk offered for the record the Affidavits of Posting and Publication, duly signed and notarized (attached hereto and made part thereof of the minutes of this Hearing). No one spoke. Mr. Johnson moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 7:08 P.M. Elaine H. Snowden Town Clerk DISPLAY ADVERTISING NEWS 1243 CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET » WAPPINGERS FALLS NOTICE IS HEREBY GIVEN that there has been duly presented to and introduced before the Town Board of the Town of Wappinger, Dutchess County, New York, on August 13th, 1979, e proposed Local Law Regulating the Opening of Fire Hydrants in the Town of Wappinger es follows: BE IT ENACTED by the Town Board, of the Town of Wappinger as follows: Section'1. It shall be unlawful for any person to open arty fire hydrant for the purpose thio the discharging water therefrom Wappinger unless that opening Is an "exempt opening ' as , defined by Section 2 of this local law. Section 2. Individuals who are members of IOcal fire companies engaged in activities under the Supervision and direction of local fire officials shall be exempted from th- I provisions of Section 1 of this local law,; as shall all employees or authorize°. agents of the Town engaged In town activities. Section 3. Any person violating, the provisions of this local law shall be subject to a fine not exceeding 1500.00 or to imprisonment for a period not exceeding 10 (ten) days or to a combination of the above, Section 4. This local law shall take effect immediately upon filing with the secretary of State. NOTICE IS FURTHER GIVEN tha• the Town Board • of the Town of Wappinger will conduct a.publichearing on the aforesaid proposed Local Law at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on August 27th, 1979 at 7:00 P.M. EDT, on such day, at which time A.M. and 4:00 P.M. EDT on all business all parties interested will be heard. days between the date of this notice and NOTICE IS FURTHER GIVEN that the date of the public hearing, copies of the aforesaid proposed Local • ELAINE H. SNOWDEN Law will be available for examination Town Clerk and inspection at the office of the Town Town Of Wappinger Clerk of the Town of Wappinger, in the August 14, 1979 Town Hall between the hours of 9:00 AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess, Town of Wappinger. • Beatrice Osten of the Town of Wappinger, Dutchess County, New Yak. being duly sworn, says that he is. . tend t a e al times hereinafter was, the .4 b1 • • , .$f W. & S.D. NEWS, a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutchess County, New York, and that the annexed NOTICE was duly published in the. said newspaper for once One week successively in each week. commencing on the.. 15th day of.. /MLA 1979and on the following dates thereafter, namely on and ending on the... l5tb. •day of. Alaggust 19.Z9both days inclusive. Subscribed and sworn to before me this 1.5t4 day of...... Ug?.LSt 19.79 My commission expires Notary Public ALBEP.T M. ©STEN tlOTARY PUB' -IC, S": "•TE OF NEW YORK QUALItIa I:; O:ii;';:EF•S COUNTY 1T-©240760 COMMISSION EXPIP.ES MARCH 30, 19..4 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER 1244 AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW REGULATING THE OPENING OF FIRE HYDRANTS IN THE TOWN OF WAPPINGER 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 August 15, 1979, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Regulating the Opening of Fire Hydrants in 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, Town of Wappinger, Dutchess County, New York. Sworn to before me this 2 7 day 1979. tai,j,�"� Notary Public ui DOANAID G BUCK Notary Fum•r ,,i r Yai: State Coninttg:on expires U,.,ct, do, 1 i kt \ c p1,}AO►. Elaine H. Snowden Town Clerk Town of Wappinger A Public Hearing was held by the Town Board of the Town of Wappinger on August 27, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on A Proposed Local Law Prohibiting Destruction of Public Signs in the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:15 P.M. Present: Louis D. Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Leif Jensen, Councilman Elaine H. Snowden, Town Clerk kie Absent: Janet Reilly, Councilwoman The Town Clerk offered for the record the Affidavits of Posting and Publication, duly signed and notarized (attached hereto and made part thereof of the minutes of this Hearing). No one spoke. Mrs. Mills moved to close the Public Hearing, seconded by Supervisor Diehl and carried. The Hearing closed at 7:21 P.M. Elaine H. Snowden Town Clerk oh - 1245 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF A PROPOSED LOCAL LAW PROHIBITING DESTRUCTION OF PUBLIC SIGNS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: 1246 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 August 15, 1979, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Prohibiting Destruction of Public Signs, 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, Town of Wappinger, Dutchess County, New York. Sworn to before me this 274 day of at44A,4j/ 1979. 41./di,(7)/1 (Alt Notary Public DONALD C. 3U:K Notary p n •r ' .• State Curnm;yrur, elair .r .n 3U. d$ J I\ blf(c \.1 �` cEly lc Eraine H. Snowden Town Clerk Town of Wappinger • NEWS DISPLAY ADVERTISING 914297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS 124 't CLASSIFIED ADVERTISING NOTICE 15 HEREBY GIVEN that there has been duly presented to and introduced before the Town Board of the Town of Wappinger, Dutchess County, New York, on August 13th, 1979, a pro osed Local Law Prohibiting Des?ruction LOVA) Signs, as folrows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: It shell ba unlawful for any person to remove, destroy, dama9a, deface, paint, or otherwise alter in any gn manner th n the Town 01 Wapver pinger,includingpublic I, but not limited to street signs, traffic regulation or advisory signs, directional signs, speed limit signs, safety signs, . traffic lights or any other. public signs of ' any nature or character. Section 2. Persons violating this local law shall be subject 10 fines not exceeding 5100.00 or incarceration for a i period not exceeding 5 (five) days or both. Section 3. Notwithstanding the foregoing, the Town may recover from any person violating this local law by appropriate civil action that sum of money necessary to reimburse the town for any damage caused by such person together with such action, Including reasonable attorney's fees. Section 4. If any part,section, sentence, word, or other portion Of this local law is found to be Invalid by a court of competent jurisdiction, such finding of invalidity shall not affect that portion of the local law not found to be invalid. Section 5. This local law shall take effect immediately upon filing with the Secretary of State. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Wappinger will conduct a public hearing on the aforesaid proposed Local Law at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on August 27th, 1979 at 7:15 P.M. EDT, on such day, at which time all parties interested will be heard. NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed. Local Law will be available for examination and inspection at the office of the Town Clerk of the Town Of Wappinger, it the Town Hall between the hours of 9:00 A.M. and 4:00 P.M. EDT on all business days between the date of this notice and the date of the public hearing. ELAIN H. SNOWDEN Town Clerk Town of Wappinger August 14, 1979 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess. Town of Wappinger. • Beatrice Osten of the Town of Wappinger, Dutchess County, New Yak. being duly swan, says that he is. and it the several times hereinafter was, theCO: F i.t+AI"rP.1.1b ].ShBmf W. & S.D. NEWS, a newspaper printed and published every Thursday in the year In the Town of Wappingu, 'Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ...Q# ...week succeuively....0=0.. in each week. commencing on the.. 2,5t12. . day of...Allgust. 1979. and on the following dates thereafter. namely on and ending on the....1.5th.day of... August. • • • 1>9. both days inclusive. Subscribed and sworn to before me this 15tl3.... day of...itugust. 19; My commission expires Notary Public xt*VIZ X47.OSTEN NOTARYPJ i T- C+ I t ;'L-!'; YORK QUAD I_ . i S C ! Li,'I Y COMM;SSW EXPIRES MARCH 30, 1