Wheatfield Town Board stops proposed backflow regulator law

by Ralph Schwarz
Niagara Wheatfield Tribune, June 22, 2006

A proposed local law to require all Wheatfield homes to have backflow regulators installed did not move well with the Town Board at last Monday’s public meeting.

Following a public hearing, which included a lengthy discussion about the benefits of the regulators, the proposed law failed to receive a second motion after brought forward by Deputy Town Supervisor Kenneth Retzlaff.

The Wheatfield Water and Sewer Department initiated the proposed law, which would require homeowners selling their houses to install a check valve after the water meter. A flapper of the valve would prevent used water from flowing back and contaminating the town’s water system. In addition to the valve, the wording of the law also calls for the installation of an expansion tank to release water pressure that would otherwise burst the hot water tank.

The town already mandates backflow regulators and expansion tanks for all commercial and industrial building as well as new residences.

According to Water and Sewer Superintendent Robert Walker, the installation of the valve and the tank would cost homeowners between $200 and $250, if they opt to have the equipment installed by a professional plumber. The proposed law would also authorize the town to collect an inspection fee from each homeowner who has such a device installed.

Residents Express Fears

Several Wheatfield residents in attendance expressed their fears that area contractors would charge them excessive costs for installing the valve and the expansion tank.

“What will you do if a charlatan takes advantage of older people and charges up to $1,000?” asked River Road resident Karlene Cieslik. “How do you prevent people from being taken advantage of?”

Cieslik told the Town Board that she recently asked a relative, who works in the plumbing business, to give her an estimate for installing both backflow regulator and expansion tank.

“He told me it would cost $279, and that didn’t include any labor,” she said. “With labor, homeowners would have to pay more than $300, which is in my opinion an unfair burden on a person selling a home.”

Walker and other Water and Sewer Department representatives said that homeowners could install the equipment themselves, if they preferred to. It was also noted that the town would certify all properly installed devices, regardless of who preformed the installation.

Purpose Questioned

Although proponents of the proposed law argued that the installation of the regulators is necessary to prevent any contaminated or soiled water from re-entering the town’s water system, Town Supervisor Timothy Demler questioned the purpose of the law since it only requires new homes and those being sold or transferred to be equipped with those devices.

“It only takes one house to contaminate the system, and I don’t think that all 6,000 (already existing) homes in Wheatfield change hands any time soon,” he said. “I don’t see where the safety is. … In my opinion the law is absolutely toothless unless all houses change (water) meters at the same time.”

Local Law On Fire Hydrants

Unlike the backflow regulator law, the Town Board passed a local law regulating the obstruction of fire hydrants within the town limits.

The law prohibits home- and business owners to place any bushes and shrubbery within 5 feet of a fire hydrant. Penalties carry a $250 fine for first-time offenders. Any subsequent violations would be subject to fines ranging from $500 to $1,000 and/or imprisonment of up to 10 days.

Since the law will go in effect on Aug. 18, residents and businesses would have about 60 days to have all bushes, shrubs and other debris removed for the fire hydrants in the town.

“The intention of the law is that the fire companies and the town’s maintenance crews can locate and access the fire hydrants,” Demler said. “As long as they are visible, we are not going to cite residents (who decorate behind hydrants).”

Added Town Attorney Robert O’Toole: “As long as it doesn’t obstruct the view, flowers or something else that is low to the ground would be OK.”

Other Agenda Items

In other business, the Town Board voted:

•To authorize Recreation Direct Ed Sturgeon to purchase a new fiber-optic switch to link the Town Hall and the Wheatfield Community/Senior Center in the amount of $5,870 as allocated in the 2006 budget. Any excess costs are to be split between the town’s departments.

•To bid out the lease for a single-axle plow truck for the Highway Department, as allocated in the 2006 budget.

•To lower the posted speed limit on Hill Road from 35 mph to 30 mph, as requested by the residents on that street.

•To deny the issuance of model home building permits for the Shawnee Hill subdivision (Ryan Homes). The Town Board voted 3-2 with Demler and Retzlaff casting votes in favor of issuing permit.

•To approve the renewal muzzleloader discharge permit for Gregory Lloyd.

•To approve the final plat plan for the Colvin Woods Medical Park, under the condition of two contingencies. The subdivision consists of 11 commercial lots.

•To approve the PIP application for the construction of storm sewer, sanitary sewer, waterline, pavement and curbs for the Colvin Woods Medical Park, under the condition of five contingencies.

•To set a public hearing on the Witmer Meadows subdivision for Monday, July 17, at 7 p.m. The proposed subdivision consists of 57 single-family homes.

•To approve the watermain service connection for St. Gobain on Walmore Road, under the condition of five contingencies.

•To approve the Environmental Impact Study for the Shawnee Meadows subdivision as complete, based on the recommendation of the town attorney and town engineer, as amended.

•To grant preliminary plat approval for the Shawnee Meadows subdivision.

•To approve the installation of a new culvert on Lemke Drive.

•To support the implementation of the Sheriffs Telling Our Parents and Promoting Educated Drivers program in Niagara County with respect to the drivers and residents in the Town of Wheatfield.

•To support the plan brought forward by the Wheatfield Waterfront Association pertaining to the creation of a recreational trail in the vicinity of the Niagara River in the Town of Wheatfield by the Niagara River Greenway Commission.

•To pay bills as audited and verified.

Fourth Of July

The town of Wheatfield will hold its Fourth of July celebrations on Tuesday, July 4, starting at 3 p.m. in Oppenheim Park. The festivities will include musical performance and family-oriented games and culminate with a 30-minute fireworks display synchronized with patriotic music.

Next Meeting

The Town Board will hold its next meeting on Monday, July 17, at 7:30 p.m. A public work session starting at 6:30 p.m. and a public hearing starting at 7 p.m. will precede the meeting.