2006-212COPY
2006-212
Resolution Re -Introducing Local Law No. of the Year 2006, Regulating Blasting and
the Use of Explosives and Combustibles In Blasting Operations
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on
September 25th, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Paoloni.
WHEREAS, the Town Board finds that the regulation of blasting operations and the use
and storage of explosives within the Town of Wappinger is necessary to protect the public from
personal and property damage since such blasting operations have been, and continue to be, a source
of potential danger to persons and property within the Town and are of a highly volatile nature; and
WHEREAS, it has come to the attention of the Town Board that the existing provisions of
Chapter 80 of the Town of Wappinger Code entitled `Blasting" are outdated as practices in the
blasting industry have changed greatly since 1968 when Chapter 80 was first adopted and the
requirements of the federal government and New York State have changed as well; the Town Board
has determined that it is in the best interest of the people of the Town to update the provisions of the
Code pertaining to Blasting; and
WHEREAS, Labor Law § 464-a. authorizes the Town to create additional requirements for
Blasting; and
WHEREAS, the Town Board finds a permitting process for specific blasting operations
will allow the Town, through the Fire Inspector and the Code Enforcement Officer, to monitor
blasting operations for the protection of the public; and
WHEREAS, the Town Board finds that it is necessary to codify the requirements for a
permit and to clearly and specifically set forth in detail the procedures that a blaster must adhere to
while conducting blasting operations within the Town of Wappinger; and
WHEREAS, the Town Board finds that mandatory liability insurance requirements must be
put in place to assure the public that damages sustained from blasting can be redressed and
provisions for minimum effective charges, barricades, watchmen, containment of the blast and
notice to nearby homeowners will protect the public from careless blasting procedures; and
WHEREAS, the Town Board has determined that it is further necessary to amend Chapter
122 of the Town of Wappinger Code to reflect a new fee schedule and a new fine schedule related
to Blasting; and
WHEREAS, by Resolution No. 2006-181 adopted on the 28t` day of August, 2006, the
Town Board Introduced Local Law No._ of the Year 2006, Regulating Blasting and the Use of
Explosives and Combustibles in Blasting Operations for the purposes of scheduling a Public
Hearing in contemplation of its proposed adoption; and
WHEREAS, the Notice of Public Hearing was published in the Southern Dutchess News
and the Poughkeepsie Journal with an incorrect Public Hearing date; and
WHEREAS, it is the purpose of this Resolution to re -introduce Local Law No. of the
Year 2006, Regulating Blasting and the Use of Explosives and Combustibles in Blasting Operations
for the purposes of scheduling a new Public Hearing date; and
WHEREAS, this is a Type H action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise
exempt from environmental review pursuant to the New York State Environmental Review Act
(SEQRA).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby re -introduces for adoption Local Law No._ of 2006 in
the form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the
Town Board hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant
to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No._ of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the 23rd day of October 2006, at 7:30 p.m., and the Town Clerk is directed to post
the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern
Dutchess News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
ROBERT L. VALDATI, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
9/25/2006
The Resolution is hereby duly declared adopted.
(ar'Ag&=
OHN C. XYASTERSON, TOWN CLERK