1992-09-28 RGM6
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
SEPTEMBER 28, 1992
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO THE FLAG
3.' ACCEPT MINUTES Reg. Aug:'24, 1992 Sp. Aug. 10th &'Sept. 14th
4. REPORTS OF OFFICERS Town Clerk forward Supervisors Tentative Budget
to Councilperson -- Town Justices Receiver of Taxe'i Highway Supt.
Bldg. Insp. Zng. Adm. Dog Control Officer Sloper Ambulance report
5. PETITIONS & COMMUNICATIONS
a.
b.
c.
d.
e.
f.
9.
h.
i.
j•
k.
P.
a
NYSDOT corr. re: Speed Limit requests (Townwide & Robinson Lane)
New Hackensack Fire Dist. recommended designee for member of Fire
Prevention Bureau to replace R. Colden - Robert Lerner
Resignation of Noel T. Slocum from Board of Assessment Review
Dutchess Co. Dept. of Health, D. O'Connor, PE re: recommendation to
Town to request "Completed Works" approval for Tall Trees Water,"Tank
Mr. & Mrs. John George request permission to hook into Wappinge,r SEw
T. Logan, Assessor, Corr. re: increase in income allowance for'Sr.
Citizen Tax exemptions
Report from Jas. Bedore, Project Eng.w/Paggi, re; Montclair
Condos Phase III
G. Foster, H. Supt. requests permission to bid for the SALE of 2
old town trucks, and retired Town patrol car.
T. Logan, Assessor requests permission to attend NYS Assessor's
Assc*a Conference Oct. 13-16
Notices of Intent to renew Liquor Licenses from: (1) Jerome Gold,
for Las Manasas, Inc. (La Fonda Del Sol) (2) Twin Lakes Sportsman
Asscn. (3) Antonino Licardi (Da Nino)
Requests for return of Ecrow Funds from Zoning Dept. from:"
(1) Rob't & Arlene Crane, $13.61 (2) E.T.Deli (Elio, Tavare),$76,9,..87
(3) Wm. LaScala,l$4,541. (4) Automatic Appliance tenter (B.Lombardi"
$4,179.12 (5) Mid Hudson Chinese"Christian Church, $3,426.37
(6) Carol White; 143.61 (7) AMENDED -refund request for D. Silvestri
& Sons for $8,535.70 (Corrected Am't)
Requests for return of Escrow Funds from Bldg. Dept. from: (1)Carlos,
& Pamela Musci, $300 (2) Jas. Klein for Lot #28, Nicole Farms, $501
Notices of Public Hearings from T/Pk for Zoning Amendments (2)
M. Liebermann, Fire Insp. Report on Demolition of Braker Building
H. Levenson requests permission for Ping. & Zng. Bd. members and
Staff to attend Dutchess Co. P1ng.Federation annual Dinner 10/21/92
Mary Ann Peterson -Grover, Wapp. Jr. High, requests permission to
use an old voting machine, accompanied by a T/Custodian, for a
mock vote by students
CAMO re: Press Release seeking Volunteers
6. COMMITTEE REPORTS
7. LETTERS OF CREDIT & BONDING
H. Levenson Report
8. RESOLUTIONS
a. Consider adoption of SEWER USE Local Law
b. Introduce Peddling & Hawking Local Law and set Public Hearing
c. Request from Comptroller for Transfer of Funds amendments to the
the minutes of April 27th
d. County Resolution for Ice and Snow Control work
e. Braker Tax Roll Levy
f. Approve Agreement for easement between T/Wappinger & T/LaGrange
for Southwest Water Dist. Extension #5
9. UNFINISHED BUSINESS
OVER
a. Report from J. Paggi, Eng. to town re: Truett drainage
b. Letter from NYSDEC re: affirmative.action - acceptance - SRF
c. A. Roberts, Attny to Town, recommendation for Title Insurance
d. Specifications for authorization to bid for Town Car
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on September 28, 1992, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, Dutchess County, New York.
Supervisor Smith opened the Meeting at 7:00 P.M.
Present:
Constance Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Robert. Wallace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Emanuel Saris, Attorney
Joseph E. Paggi, Jr., Engineer
Graham Foster, Highway Superintendent
All joined in the Pledge of Allegiance to the Flag.
The Minutes of the Regular Meeting of August 24, 1992, and the
Special Meetings of August 10th and September 14th, 1992, having
previously been forwarded to the Board Members, were placed
before them for their consideration.
MRS. VISCONTI moved that the above stated Minutes be and they
are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Wallace
Motion Unanimously Carried
The Town Clerk noted that the Supervisor had filed the
Tentative Budget for 1993 with her on September 24th, 1992, and
she then presented the Budget to the Town Board.
The Supervisor then announced that she presented a budget with
a zero increase in taxes which she and the Comptroller achieved
by time, effort and lots of finagling. They discovered that
`r. they had overestimated expenditures under the insurance item
so that was cut back; the Highway Superintendent was not given
the percentage of raise that he requested which he objected to.
They deleted the expenditure of a tractor with mower which he
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did agree to; other miscellaneous items were also deleted,
however, they did allow for a 4% salary increase for the
employees. A total of $70,000 was removed from the Highway
Budget and Mrs. Smith explained to the Board Members that in
their review, the Comptroller came up with these figures; if
the $70,000 was kept in Highway, Town rate would be $2.84, 2.9%
increase; if $35,000 was kept in Highway, rate would be $2.80,
1.44% increase; if $70,000 was removed, Town rate would be $2.76
no increase. The Highway Superintendent asked to talk to the
Board as he felt what was presented by the Supervisor was
totally unacceptable. The Supervisor noted that this official
asked for a 15-16% increase, however, he was given 4%, the same
as the other employees. She further noted that five work shops
would be scheduled for the Board Members to work on the budget.
A Special Meeting will be scheduled to set the Public Hearing
on the budget.
Mrs. Visconti commended the Supervisor and the Comptroller for
the work they did on the budget in order to present a zero
increase.
Reports for the month of August were received from Town Justices
Receiver of Taxes, Highway Superintendent, Building Inspector,
Zoning Administrator & Dog Control Officer.
Mrs. Visconti had a question on the Zoning Administrator's
report which stated in some instances that the grass was too
high or overgrown. At what point is it too high or overgrown?
He was not present at the meeting so this would be taken up with
him at a later date.
MRS. VISCONTI moved to accept the above stated Reports and place
them on file.
Seconded by Mr. Wallace Motion Unanimously Carried
Since there were a number of high school students present in
the audience to complete an assignment, the Supervisor advised
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them that they would have to be present at the meeting for
forty-five minutes (45) before their attendance sheets could
be signed.
■.r. PETITIONS & COMMUNICATIONS ---
Correspondence was received from the New York State Department
of Transportation regarding our request for lower speed limits
in the Town. In order to expedite the paper work on these
requests they explained a new procedure whereby we could provide
them with necessary study data on forms provided by them; we
would have to request these forms from their agency. The two
communications received were identical with the exception that
one pertained to speed limits on Chelsea River Road North, Smith
Crossing Road, Townwide Area Speed Limit & Old Route 9; the
other to Robinson Lane. They requested a response within thirty
days and the correspondences were dated August 24, 1992.
Mrs. Smith said she would contact Mr. Mignogna, request an
extension, and also request the standard Department forms for
the necessary study data. The Board will discuss this matter
at the October 13th work shop.
A recommendation was received from the New Hackensack Fire
District to appoint Robert Lerner as a member of the Fire
Prevention Bureau to replace Robert Colden who has resigned.
MRS. SMITH moved to confirm the appointment of Robert Lerner
as a member of the Town of Wappinger Fire Prevention Bureau,
to fill the vacancy created by the resignation of Robert Colden,
at the recommendation of the New Hackensack Fire District.
Seconded by Mr. Valdati
Motion Unanimously Carried
A resignation was received from Noel Thomas Slocum, member of
the Board of Assessment Review; it appears that Mr. Slocum was
unavailable during grievance days due to the deaths of his
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mother and aunt and other personal matters. Mrs. Smith did
contact him after the resignation was received since the letter
did sound bitter, but after their discussion he did not feel
that he was requested to resign and his attitude was fine. He
did, however, indicate that he really does not have the time to
properly serve this Board.
MRS. VISCONTI moved to accept Mr. Slocum's letter of resignation
as a member of the Board of Assessment Review and requested the
Supervisor to send him a letter of appreciation for his eighteen
years of service on this Board.
Seconded by Mr. Wallace
Motion Unanimously Carried
Daniel O'Connor, Senior Public Health Engineer, Dutchess County
Department wrote to the Board recommending that they request
"Completed Works" approval for Tall Trees Water Tank.
MR. MILLS moved to authorize the Engineer to the Town to
complete the proper documents for approval for Tall Trees Water
Tank and file same with the New York State Department of Health.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mr. & Mrs. John George sent a request for permission to hook
into the Wappinger Sewer Improvement .Area.
Mrs. Smith explained that this was an emergency situation and
the procedure has been reversed --she called the Health Dept.
for approval, also the D.E.C., now the Board has to authorize
it.
MR. VALDATI moved to authorize Mr. & Mrs. George, 7 Fenmore
Drive, to hook into the Wappinger Sewer Improvement. Area #1, r
due to an existing emergency situation.
Seconded by Mr. Mills
Motion Unanimously Carried
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Thomas Logan, Assessor, informed the Board that the State
has passed legislation increasing the tax exemption for senior
citizens from $15,000 and $19,800 to $16,500 and $21,300, high
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and low figures on the escalating scale. He felt there would
be little or no effect on Town taxes.
MRS. VISCONTI moved to authorize the Town Clerk to prepare an
amended Local Law on Tax Exemptions for Senor Citizens.
Seconded by Mr. Valdati
Motion Unanimously Carried
James Bedore, Project Engineer for Paggi & Martin, referenced
Montclair Condominiums, Phase III, WST/TIA, in a letter to the
Town Board dated August 17, 1992. He stated that he met with
the Health Department regarding this facility and Mr. O'Connor
stated that beside an odor complaint he was unaware of any
operating deficiencies. He therefore recommended that Montclair
not be included in Phase III, Contract No. A. but in a
subsequent contract. Following this meeting, the Health
Department contacted both the Supervisor's Office and the
Engineer's Office stating that the homeowners of the complex
would be faced with increased costs due to certain malfunctions
and that there was a report that the sludge holding tank had
overflowed two or three times. Mr. O'Connor requested that the
Town explore deeper the feasibility of including this complex
into Phase 3A.
Following this phone call from Mr. O'Connor, the Supervisor
scheduled a work shop at a future date with the Montclair
residents and the Town Board and notification of the date and
time will follow.
A request was received from the Highway Superintendent to go
to bid for the sale of two old town trucks ---1972 GMC pickup
Pickup 6, and 1 1965 Chevrolet,Truck 4, also a former Town
Patrol Unit DC -121, 1988 Chevrolet Caprice.
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MRS. VISCONTI moved to authorize the Highway Superintendent
to go to bid for the sale of the two Highway trucks and the
Town Patrol car.
Seconded by Mr. Valdati
Motion Unanimously Carried
Assessor Thomas Logan forwarded a request to the Board to
attend the New York State Assessor's Association Annual
Conference October 13-16, 1992, mandated by the State Board
of Equalization and Assessment.
MR. VALDATI moved to grant permission to Mr. Logan to attend
the Assessor's Annual Conference from October 13 to October 16,
and his legitimate expenses will be a Town charge.
Seconded by Mr. Mills
Motion Unanimously Carried j,
Notices of Intent to renew liquor licenses were received
from La Fonda Del Sol, Twin Lakes Sportsman Association and
Da Nino's Restaurant, all located in the Town of Wappinger
MRS. VISCONTI moved to accept the Notices of Intent and place
them of file with no comment.
Seconded by Mr. Wallace
Motion Unanimously Carried
Requests for return of Escrow Funds from Zoning Dept were
received from --Robert & Arlene Crane, $13.61, E.T. Deli $769.87
Wm. LaScala, $4,541, Automatic Appliance Center, $4,179.12,
Mid Hudson Chinese Christian Church, $3,426.37, Carol White,
$143.61, Amended refund request D. Silvestri & Sons for
$8,535.70, (corrected amount). The Zoning Administrator
recommended the return of these escrows.
Two requests for return of Escrow Funds were received from
the Building Inspector --Carlos & Pamela Musci, $300, James
Klein, Lot #28, Nicole Farms $500; the Building Inspector
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recommended the return of these escrows.
MRS. VISCONTI moved to approve the return the above stated
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escrow funds, based on the recommendation of the respective
department heads.
Seconded by Mr. Wallace
Motion Unanimously Carried
Mrs. Visconti had a question regarding the original amount
submitted by Mid Hudson Chinese Christian Church, since the
receipt stated $5,000 and their letter stated $6,000. Although
the Board originally decided to hold their escrow until this
was determined, after discussion it was agreed to approve the
return of the escrow and rectify it at a later date if they
were due additional funds.
�.. Notices of Public Hearings were received from the Town of
Poughkeepsie on Zoning Amendments scheduled for October 14, 1992
at the Town Hall.
Mr. Mills moved to accept the correspondence and place it on
file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A Report was received from Fire Inspector Mark Liebermann re
Demolition Permit #92-411 Braker Associates Bldg, Old Route 9.
The building was demolished and both he and the Zoning
Administrator inspected the site and found that all requirements
of the Bid Specifications were complied with by the contractor.
MR. MILLS moved to accept the Report from Mr. Liebermann and
place it on file.
Seconded by Mr. Wallace
Motion Unanimously Carried
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The Zoning Administrator wrote to the Board requesting
permission for the Planning Board, Zoning Board, Gay Hardisty,
Secretary to both Boards and him, to attend the Dutchess County
Federation's Annual Dinner Meeting on October 21, 1992, at
Amenia, New York.
MR. MILLS moved to authorize the Planning Board, Zoning Board,
Gay Hardisty, Secretary, and Herbert Levenson, Zoning
Administrator, to attend the Annual Planning Dinner on October
21, 1992, at Amenia, New York, and all legitimate expenses will
be a Town charge.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Marian Pedersen -Grover, teacher at Wappinger Junior High School
wrote to the Board requesting the use of a voting machine to be
used as part of a social studies/civics unit on the election
process. This will be used by the students at that school, she
explained, in order to give them the experience of voting for
national, state and local candidates. Mrs. Pedersen -Grover
asked for the machine for one day during the week of October
20, 1992 and was aware that a voting custodian will have to
set it up and they receive $75.00 for this service. Mr. Valdati
voiced his opinion that this would be an excellent investment
to enable the ,young people in the community to learn about
voting.
MR. VALDATI moved to approve the request for the Wappinger
Junior High School to have the use of a voting machine for a
"mock vote" for the students to learn the voting process.
Seconded by Mr. Wallace
Motion Unanimously Carried
Camo Pollution Control sent a copy of a Press Release regarding
the need for volunteers for water sample collection; this is a
mandated law by the U.S. Environmental Protection Agency's Safe
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Drinking Water and involves single family residents that have
cooper pipe with lead solder joints installed after 1982. In
addition to the Press Release they are sending letters to about
200 water consumers that they service requesting their
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services for this mandate. This will involve expenditures not
included in their contract and they are requesting authorization
from the Town to proceed with this project.
MRS. VISCONTI moved to authorize Camo Pollution Control to
proceed with this project, as mandated by the U.S. Environmental
Protection Agency, at Town expense.
Seconded by Mr. Mills
Motion Unanimously Carried
Prior to recessing to sign the student's attendance papers,
Mrs. Visconti asked to give a report involving Recreation, for
the benefit of the students.
i.. Since there were many young people present and they were
attending this meeting for civic credit, she wanted to bring
an incident to their attention. This involved the Recreation
Commission which has a substantial budget and it is largely
spent on the young people of this Town. This pertains to
vandalism at the Castle Point park which the Town fixed up
for the benefit of our young people to use as a summer program
and other activities. The trailer where they store supplies
was broken into and the supplies were destroyed, they also set
fires on the pavillion and the picnic tables, destroying them.
They then littered the playground area with broken beer bottles
and some of the supplies which were already destroyed. There
was a considerable amount of damage done and money lost; she
reminded these young people that they would soon be the tax-
payers who would be burdened with the expense of replacing these
items if these actions continue. It could be avoided to some
degree if they warn anyone they see destroying public property
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that it is not acceptable behavior and cannot be ignored. It
might not have an impact on them at this time, but in the future
it surely will when they have families and have homes and pay
taxes. This action was totally unnecessary and she asked that
if they do see any behavior such as this in their parks and
any other Town owned property, they should notify the proper
authorities, whether it be Mrs. Smith, the Vandalism Patrol or
the State Police so they can be apprehended and the proper
measures taken to put a stop to this behavior. In this way
they and their children can enjoy these items in the future.
They should remember that every dollar spent to fix something
that was "not broken" will cost them.
Mrs. Smith requested that the following letter from Joseph
Margoliese, Dept. of Environmental Conservation, dated
September 2, 1992, be entered into the Minutes.
September 2, 1992
Mr. Joseph Paggi, P.E.
Paggi and Martin
Consulting Engineers and Land Surveyors
54-56 Main Street
Poughkeepsie, New York 12601
RE: TRI MUNICIPAL EXPANSION
Dear Mr. Paggi:
This is in response to your letter regarding odor control
at the referenced location. Odors have been a problem at this
plant since 1987. This Department became more active in the
problem in 1989 and 1990.
As Mr. Sansalone's letter (copy attached) of September
17, 1990 indicates, odor control was an issue that needed
to be addressed at once. When the Klebe home burned down
in September, 1991, the expansion of the treatment plant
became a convenient occasion (from an engineering and
economic perspective) to complete the required modifications
Even if an expansion was not taking place this Department
would pursue the issue of odor control.
With regard to your other question, I am unaware of any
specific regulations relative to abandonment of the treatment
plants. However, I would offer the following:
1. All chemicals, petroleum products, sludges, etc.
should be removed from the site. Permits from
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this Department may be required for these actions.
2. The units left behind would have to be cleaned.
3. Tanks should be filled in to avoid a safety hazard.
I trust this information is helpful.
Sincerely yours,
s/ Joseph Marcogliese,P.E.
Environmental Engineer III
Division of Water, Region III
Now that we have opted to go in, we will contribute to the
odor problem, we'll pay our fair share, but we won't be
paying for something we didn't cause. Mrs. Smith felt that
this should be in the Minutes for future reference if needed
by future Boards.
MRS. SMITH moved to put this statement made by Mr. Margoliese
in his letter of September 2, 1992, into the September 28, 1992
am Minutes.
Seconded by Mr. Valdati
Motion Unanimously Carried
MR. WALLACE moved to recess the Meeting for ten minutes.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Meeting recessed at 7:50 P.M.
The Meeting resumed at 8:05 P.M. with all five Board Members
present.
COMMITTEE REPORTS ---
Mr. Mills, Mr. Valdati and Mr. Wallace had no reports for
this Meeting.
Mrs. Visconti, Recreation, -- they sent a letter of thanks to
John Balducci, East Fishkill Railroad Ties, for helping to make
the summer season a success.
Mrs. Smith reported on the Walk-a-thon, October 10, 1992. The
Supervisors of Wappinger and Fishkill are competing in this
0-
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event for the most money collected for the March of Dimes cause.
She is looking for volunteers to walk six miles on October 10th
at Castle Point. As reported before, when the Town of Wappinger
wins, the Supervisor from the Town of Fishkill will pay the
membership fee for our Supervisor to Sams, and by some chance
if Fishkill wins, Supervisor Smith will pay the membership fee
for Supervisor Pagones to BJ's. There has been an addition
since the last report --whoever loses will take the winning
Supervisor to the Culinary for dinner.
Also, (no wager on this one, just additional monies) on
October 21, 1992, the employees may wear blue jeans (for babies)
only if they purchase a button for $3.00 prior to wearing them.
BONDS & LETTERS OF CREDIT ---
The monthly report submitted by the Zoning Administrator
on the present status of these documents submitted by the
developers, which includes the amount, expiration and date
of notification for renewal purposes.
Mrs. Smith explained it in detail for the benefit of the
students present.
MRS. VISCONTI moved to accept the Report and place it on
file.
Seconded by Mr. Wallace
Motion Unanimously Carried
RESOLUTIONS ---
A Public Hearing was held previous to the meeting on a rr
proposed Local Law on Sewer Use in the Town of Wappinger and
now placed before the Town Board for their consideration.
This Local Law amends Local Law #1 of 1970 Regulating the
Use of Public Sewers.
MRS. VISCONTI moved to adopt Local Law #9 of 1992 as follows:
Seconded by Mr. Valdati
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(Local Law #9 of 1992, on Sewer Use, is attached hereto and
part thereof of the Minutes of this Meeting).
Introduction of Local Law Regulating Hawkers and Peddlers
in the Town of Wappinger ---
The following Resolution was offered by COUNCILMAN VALDATI
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 28th day of September, 1992
a proposed Local Law Regulating Hawkers and Peddlers in the Town
of Wappinger, 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 the said
proposed Local Law by the Town Board of the Town of Wappinger
on the 26th day of October, 1992, at 6:45 P.M. on such day
at the Town Hall, 20 Middlebush Road, Wappingers Falls,
Dutchess County, New York.
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 once in the official newspaper of the Town
of Wappinger.
Seconded by: Councilwoman Valdati
Roll Call Vote: 5 Ayes 0 Nays
(The Local Law Regulating Hawkers and Peddlers in the Town
of Wappinger is attached hereto and made part thereof of
the Minutes of this Meeting).
At this time Mrs. Smith recognized County Legislature Gordon
Hirt and asked if he would like to give a report to the
residents. Mr. Hirt declined since there were no items on
a County level that would affect Town of Wappinger residents
at this time.
't' A request was received from Comptroller Ann Buckley to amend
the minutes of the April 27th, 1992, to read as follows:
Reserve From Fund Balance:
Highway Fund: $66,550.00 - To pay Retirement charges
7,173.00 - CHIPS Monies
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B Fund:
Loan to Capital $150,000 for seed monies to build
Emergency Building. To be paid back when bonding takes place.
Highway Fund:
Reserve for Equipment $200,000 - To purchase/replace
old equipment
MRS. VISCONTI moved to approve Mrs. Buckle,y's request to amend
the Minutes as so stated.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mrs. Smith explained that they could not just inadvertently
change the Minutes since they have already been accepted by the
Town Board, however, the language had to be changed on this
account as specified by our auditors.
The annual Resolution from the County for Ice and Snow Control
work was the next item placed before the Board for their
consideration.
The following Resolution was offered by COUNCILMAN VALDATI
who moved its adoption:
WHEREAS, the Town Superintendent of Highways has been
requested by the County of Dutchess to participate in the
regional County Highway Snow and Ice Control Program within
the boundaries of the Town, and
WHEREAS, and logically, an earlier or sooner response factor
can be provided by Town units and personnel within the locale
thereby benefiting the overall safety and welfare of town
residents and local community interest, and
WHEREAS, such participation by the Town in removing snow
from designated County Highway, and by sanding and salting or
otherwise treating them for the purpose of maintaining highway
safety and accessibility for emergency services, is specifically
authorized by Article 6, Section 135 of the New York State
Highway Law, now, therefore, be it
RESOLVED, that the Town Highway Superintendent be and is
herein authorized to perform such work as is found necessary,at
hourly rates as agreed upon by the Town and the County for the
renting and hiring of such equipment for the Winter Season
1992-1993.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
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A Memo was received from Comptroller Ann Buckley advising the
Board that a Resolution was needed regarding the levying of
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expenses of the demolition of the Braker property located on
Old Route 9 in the Town of Wappinger. The charge for the
demolition was $6,350.00, according to Mrs. Buckley's Memo.
Attorney Emanuel Saris advised the Board that there was also a
fee of $4,698.50 for legal fees to be added to the demolition
expense and it was required that the Board hold a Public
Hearing to assess the total costs incurred by the Town for the
demolition of this property.
MR. VALDATI moved to schedule a Public Hearing for October 13,
1992 at 6:55 P.M. at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York, for the purpose of hearing all
interested parties with respect to the determination and assess-
ment of all costs and expenses incurred by the Town in its
demolition of the Braker Property located at 36 Old Route 9,
in the Town of Wappinger.
Seconded by Mr. Mills
Motion Unanimously Carried
The law firm of Quartararo and Quartararo forwarded an
easement to the Supervisor, between the Town of Wappinger and
the Town of LaGrange for Southwest Water District Ext. #5 for
her signature.
MRS. VISCONTI moved to authorize the Supervisor to sign
the easement between the Town of Wappinger and the Town of
LaGrange for Southwest Water District Ext. #5.
Seconded by Mr. Wallace
Motion Unanimously Carried
A report was received from the Engineer on Truett drainage,
a subject that has been complained about for several years.
The Supervisor scheduled this matter for discussion at the
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October 13, 1992 work shop.
Mrs. Visconti had a question for the Highway Superintendent,
somewhat related to the Truett problem --when does he determine
that he has to repave a road; she has a vision that by the year
3000 or so, the roads are going to be up there and the houses
down below. What would be the cost of setting up a program
to repave the roads at the house level; this would be over a
span of five to ten years. Mr. Foster noted that the new specs
allowed for this, however, Mrs. Visconti was concerned about the
present situation since it was just going to get worse. A plan
should be put in action to control it for now and down the line.
The Supervisor agreed that there were some roads in the Town
with this problem but it could be expensive, they need to know
some idea of the cost they would be dealing with. The Engineer
recommended that the first thing to do is identify these roads
that when repaved could cause a potential problem; in this way
future Boards will know that the next time these roads are
scheduled for repaving something will have to done about it.
It's a matter of collecting this data for the information of
future Town Boards and the Highway Superintendent. They agreed
that it was something they should talk about in the near
future.
A letter was received from the New York State Department of
Environmental Conservation re Affirmative Action, Acceptance -
State. Revolving Funds. Mrs. Smith felt this should be on the
Agenda as a point of information for future reference since it
involves Tri -Municipal.
MRS. VISCONTI moved to accept the correspondence and place it
on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
A6L
RM92892
The Attorney to the Town wrote to the Board recommending that
the Town obtain one million dollar coverage on title insurance
for Tri -Municipal Easements acquired for the pipelines which are
... twenty-one in number.
MRS. VISCONTI moved to accept the recommendation of the Attorney
and obtain title insurance for Tri -Municipal Sewer Easements at
a cost of $3,610.00.
Seconded by Mr. Valdati
Motion Unanimously Carried
Specifications for authorization to bid for Town Car was the
next item for the Board's consideration.
Mrs. Visconti made a motion authorizing the Town to go to bid
per the specifications furnished to the Board, on a Town Car;
the motion was seconded by Mr. Wallace and discussion followed.
Mr. Mills stated that he did an analysis of the four Town cars--
j Assessor, Supervisor, Building Inspector and Fire Inspector.
He distributed his analysis to the other Board Members and asked
that the matter be deferred to a work shop for further
discussion.
He continued his report, stating that the Assessor's car runs
8,600 miles a year, Building Inspector, 8,900, Fire Inspector,
7,400 miles and Supervisor, 4,500 miles per year. The
Supervisor interrupted to explain the ailments that her car
had survived so far ---it was left twice with no oil, had a
cracked block and a cracked cam; it laid in the highway area
for a year with all the windows open with insurance on it and
nobody using it. The Highway Department put it together for
about $800 and it gets around town, however, when she goes to
Albany, she takes her own car because she was cautioned not to
go too far with the Town car. If Mr. Mills is against her
getting a new car, no problem, she'll just use the old
one. Mr. Mills continued and made the suggestion that they take
a look at all four cars, possibly pay mileage on all the Cars
and never have to buy new cars again. Mrs. Visconti interrupted
at this point to repeat what the Supervisor had said about using
another car to go to Albany, either hers, the Engineer's or the
Attorney's. Secondly she would prefer that the Town owned the
cars rather than pay mileage; she had suggested that the Town
use the old car as a floater car and the custodian could use it
to go to the bank every day and they wouldn't have to pay
mileage.
The vote on the motion made by Mrs. Visconti to authorize
the Town to go to bid was then taken and resulted as follows:
Roll Call Vote: Mr. Mills ---Nay, Mr. Valdati --- preferred to
table, Nay, Mrs. Visconti ---Aye, Mr. Wallace ---Aye,
Mrs. Smith ---Nay.
Motion Defeated
Continuing, Mrs. Smith announced that the next work shop
would be Tuesday, October 1.3, 1992, due to the October 12th
Holiday.
NEW BUSINESS --
Mr. Mills reported that he was at the Highway Department last
Saturday during the rainstorm and thought they could provide
a shelter between the walkway to the two dumpsters for the
convenience and comfortof those who work there. Mrs. Smith
did not think this would be advisable at this time since they
were working on a salt shed and items had to be moved around.
They did get a trailer for the workers to take turns taking
shelter. Although Mr. Mills mentioned putting up a lean-to, Mrs.
Smith did not favor that either since the work had to be done on
the salt shed which is mandated by the State. She mentioned
that she had people coming in at their work shops to present
their proposals.
26W
RM92892
Mr. Valdati reported that one of our Town residents, John
Schouten approached him on the problem of exiting from
Ketchamtown Road to Route 9D, during the rush hour traffic.
�u.
It seems that the drivers are blocking the intersection which
is not only an inconvenience for those trying to exit from
Ketchamtown Road but also a safety problem for emergency
vehicles. He suggested that the Highway Superintendent contact
the State requesting a sign be placed alerting the motorists not
to block the intersection. The Engineer informed the Board that
under the highway work permit either just granted or will be
granted, to the Alpine Development building on Route 9, this
intersection will be rebuilt and there will be left hand turn
lanes on the northbound, westbound and southbound lanes of the
intersection which should relieve the situation somewhat.
F; There was no other business to come before the Board.
MR. WALLACE moved to adjourn the Meeting, seconded by Mr.
Valdati and unanimously carried.
The Meeting adjourned at 9 P.M.
Elaine H. Snowden
Town Clerk
Local Law Filing � y 'Z -
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use t s form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
MIN*
f WAPPINGER
`%w / Town of........................................................................................................................
Local Law No....................5............................... of the year 192
A local lall...... Amending Local Law #1 of 1970, A Local Law Regulating the Use of
............................................................ ....... .......
(Insert Tills) Public Sewers in the down of lnlappinger
TOWN BOARD
Be it enacted by the ...�.......................................................................................................of the
..............................
(Name of Legislative Body)
Emny
eby WAPP INGER
Townof..................................................................................................................................................as follows:
mil;tagel
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages (lie same size as this slice(, and number each.)
(1)
ARTICLE 1
DEFINITIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this Local Law shall be as follows:
Sec. 1. 11BOD" (denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under the standard
laboratory procedure in five (5) days at 20 degrees C,
expressed in milligrams per liter.
Sec. 2. "Building Drain" shall mean that part of the
lowest horizontal piping of a drainage system which
receives the discharge from soil, waste, and other
drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning five (5)
feet (1.5 meters) outside the inner face of the building
wall.
Sec. 3. "Building Sewer" shall mean the extension from
the building drain to the public sewer or other place of
disposal.
Sec. 4. "Cooling Water" shall mean the water discharged
1%1., from any system of condensation, air conditioning,
cooling, refrigeration or other, but which shall be free
from odor and oil. It shall contain no polluting
substances which could produce B.O.D. or suspended
solids, each in excess of 10 parts per million by
weight.
Sec. 5. "Engineer" shall mean the Engineer to the
specific sewer districts, sewer improvement areas or
other municipal systems of the Town of Wappinger.
Sec. 6. "Garbage" shall mean solids wastes from the
domestic and commercial preparations, cooking, and
dispensing of food, and from the handling, storage, and
sale of produce.
Sec. 7. "Industrial Wastes" shall mean the liquid wastes
from industrial manufacturing processes, trade, or
business as distinct from sanitary sewage.
Sec. 8. "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, or other body of surface or
ground water.
1
Sec. 9. "Normal Sewage" Sewage shall be regarded as
normal for the Town if analysis shows, by weight, a
daily average of not more than 300 parts per million of
suspended solids, not more than 240 parts per million of
B.O.D., and not more than 50 parts per million of either
soluble matter (grease or oil) each per million gallons
of daily flow.
Sec. 10. "Person" shall mean any individual, firm,
company, association, society, corporation, or group.
Sec. 11. "pH" shall mean the logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of
solution.
Sec. 12. "Properly Shredded Garbage" shall mean the
wastes from the preparation, cooking, and dispensing of
food that have been shredded to such a degree that all
particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no
particle greater than one-half (1/2) inch (1.27
centimeters) in any dimension.
Sec. 13. "Public Sewer" shall mean a sewer in which all
owners of abutting properties have equal rights, and is
controlled by public authority.
Sec. 14. "Sanitary Sewer" shall mean a sewer which
carries sewage and to which storm, surface, and ground
waters are not intentionally admitted.
Sec. 15. "Sewer" shall mean a pipe or conduit for
carrying waste water (sewage).
Sec. 16. "Shall" is mandatory; "May" is permissive.
Sec. 17. "Slug" shall mean any discharge of water,
wastewater, or industrial waste which in concentration
of any given constituent or in quantity of flow exceeds
for any period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty-four
24) hour concentration of flows during normal operation.
Sec. 18. "Storm Drain" (sometimes termed "storm sewer")
shall mean a sewer which carries storm and surface
waters and drainage, but excludes wastewater and
industrial wastes, other than unpolluted cooling water.
2
Sec. 19. 11Superintendent" shall mean any licensed
operator of Wastewater Facilities of the Town of
Wappinger.
Sec. 20. "Suspended Solids" shall mean solids that either
float on the surface of, or are in suspension in water,
sewage, or other liquids, and which are removable by
laboratory filtering.
Sec. 21. "Unpolluted Water or Waste" shall mean any water
or waste containing none of the following: free or
emulsified grease, or oil, acid of alkali, phenols, or
other substances imparting taste or odor in receiving
waters; toxic or poisonous substances in suspension,
colloidal state, or solution; noxious or odorous gases.
It shall contain not more than 10,000 parts per million
by weight of dissolved solids of which not more than
2500 parts per million shall be as chlorides with
permissible volumes subject to review by the Engineer,
and not more than 10 parts per million each of suspended
solids and B.O.D. The color shall not exceed 50 parts
per million.
Sec. 22. "Wastewater" (Sometimes call sewage) The spent
water of a community. From the standpoint of source, it
may be a combination of the liquid and water - carried
wastes from residences, commercial buildings, industrial
plants, and institutions, together with any groundwater,
surface water, and storm water that may be present.
Sec. 23. "Waster water, domestic" Wastewater derived
principally from dwellings, office buildings,
institutions, and the like. It may or may not contain
groundwater, surface water, or storm water.
Sec. 24. "Wastewater facilities" (Sometimes.called Sewage
Works) The structures, equipment, and processes that
collect, carry away, and treat domestic and industrial
wastes and dispose of the effluent.
Sec. 25. "Wastewater, sanitary" (Sometimes called
Sanitary Sewage) (1) Domestic wastewater with storm and
surface water excluded. (2) Wastewater discharging from
the sanitary fixtures of dwellings (including apartment
houses and hotels), office buildings, industrial plants,
or institutions. (3) The water supply of a community
after it has been used and discharged into a sewer.
3
Sec. 26. "Wastewater treatment works" (Formerly Sewage
Treatment Plant) (1) An arrangement of devices and
structures for treating wastewater, industrial wastes,
and sludge. (2) A water pollution control plant.
Sec. 27. "Watercourse" shall mean a channel in which a
flow of water occurs, either continuously or
inte 'tt
rmi eptly.
Sec. 28. "Subdivision" shall mean the division of any
parcel of land into two or more lots, plots, sites or
other divisions of land for immediate or future sale for
building development in such a way as to create one or
more new streets.
Sec. 29. "Town" shall mean the Town of Wappinger,
Dutchess County, New York.
ARTICLE II
Use of Public Sewers Required
Sec. 1. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary
manner on public or private property within the Town of
Wappinger or in any area under the jurisdiction of the
Wappinger Sewer Transmission/Treatment Improvement, any
human or animal excrement, garbage, or other
objectionable waste.
Sec. 2. It shall be unlawful to discharge to any natural
outlet within the'Wappinger Sewer Transmission/Treatment
Improvement, or into any area under the jurisdiction of
said Wappinger Sewer Transmission/Treatment Improvement,
any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with
subsequent provisions of this Local Law, regulations of
the New York State Department of Environmental
Conservation and the Dutchess County Health Department.
Sec. 3 Except as hereinafter provided, in Article III, it
shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of wastewater.
4
Sec. 4 So far as is practicable, industrial waste shall
be discharged in to the Wappinger Sewer
Transmission/Treatment Improvement sewer system with or
without pretreatment provided the consent of the
Engineer is first obtained, and the rules, regulations
and standards hereinafter prescribed are complied with,
in the judgement of the Engineer.
'k,
Sec. 5. Written approval by the Engineer is required for
all new discharges of industrial waste after the
effective date of this Local Law. These shall include
all wastes in which the quantity, temperature or
chemical characteristics are altered in operation
procedures and equipment changes.
Sec. 6. The discharge of industrial cooling water to the
Wappinger Sewer Transmission/Treatment Improvement sewer
system is not permitted except by specific written
approval by the Engineer.
Sec. 7. The owners of property being developed as a
subdivision having plot sizes less than one acre per
dwelling unit or being in a legal sewer district, sewer
improvement area, or other municipal sewer system, shall
construct such sewers and appurtenances thereto as are
► shown -on the map or plot and the plans, profiles and
drawings accompanying said plot, approved by the
Dutchess County Health Department and the Engineer, and
filed in the Office of the Planning Board of the Town.
Such sewers shall be constructed in accordance with the
specifications contained in or referred to in the Rules
and Regulations of the said Planning Board, the Dutchess
County Health Department and the Town. The plans,
drawings, and design shall be approved by the Engineer.
Sec. 8. The owners of property being developed into
multiple dwellings, commercial installations, industrial
sites, public gathering places, schools, and offices,
shall construct such building drains and building sewers
as shown on the map or plot, approved by the Dutchess
County Health Department and the Engineer, and
conforming to the requirements and specifications ol` the
Town.
Sec. 9 No portion of this Article shall be construed to
interfere with or modify the requirements of design,
inspection and approval which are imposed by the
appropriate health officials, and the State of New York
Department of Environmental Conservation and County
Health Departments.
5
ARTICLE III
Private Wastewater Disposal
Sec. 1. Where a public sanitary sewer is not immediately
available as in Phase III of the Wappinger Sewer
Transmission/Treatment Improvement the building sewer
shall be connected to a private wastewater disposal
system complying with the provisions of this article.
The private wastewater disposal shall remain in service
until such time as public sewer is available.
Sec. 2. Before commencement of construction of a private
wastewater disposal system, the owner shall first obtain
approval by the Dutchess County Health Department.
Sec. 3. A Certificate of Occupancy shall not be issued by
the Town until the installation of the private
wastewater disposal system is completed to the
satisfaction of the Dutchess County Health Department
%W and proper forms filed with the Town Building Inspector.
Sec. 4. The type, capacities, location and layout of a
private wastewater disposal system shall comply with all
recommendations of the Department of Public Health of
the State of New York and the Dutchess County Health
Department. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
Sec. 5. At such time as a public sewer becomes available
to a property served by a private wastewater disposal
system, as provided in Article III, Section 4, a direct
connection shall be made to the public sewer in
compliance with this Local Law, and any septic tanks,
cesspools, and similar private wastewater disposal
facilities shall be abandoned and filled with suitable
material.
6
Sec. 6. The owner shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at
all times, at no expense to the Town.
Sec. 7. No Statement contained in this article shall be
construed.,to interfere with any additional requirements
that may be imposed by the Health Officer.
ARTICLE IV
Building Sewers and Connections
Sec. 1. No unauthorized person shall uncover, make any
connections with or opening into, use, alter, or disturb
any public sewer or appurtenance thereof without first
obtaining permission from the Superintendent and/or
Engineer.
Sec. 2. There shall be two (2) classes of building sewer
permits: (a) for residential and commercial service and
(b) for service to establishments producing industrial
wastes. In either case, the owner or his agent shall
make application on a special form furnished by the
Town.- The permit application shall be supplemented by
any plans, specifications or other information
considered pertinent in the judgement of the Town. A
permit and inspection fee of 25.00 for a residential
or commercial building sewer permit shall be paid to the
Town at the time the application is filed. A permit and
inspection fee of $ 100.00 for an industrial permit
shall be paid to the Town at the time the application is
filed.
Sec. 3. All costs and expense incident to the installation
and connection of the building sewer shall be borne by
the owner. The owner shall indemnify the Town from any
loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
7
Sec. 4. A separate and independent building sewer shall be
provided for every building. Where one building stands
at the rear of another on an interior lot the sewer main
shall be extended in order that each building shall have
its own lateral.
Sec. 5. Old building sewers may be used in connection with
new buildings only when they are found, on examination
by the Superintendent, to meet all requirements of this
Local Law.
Sec. 6. All building sewers shall be 4 inch pipe minimum
with a slope of no less than ; inch per foot. All
materials and construction procedures shall conform to
the requirements of the New York State Building and
Plumbing Codes, requirements of the Dutchess County
Health Department ("Appendix 75-A Wastewater Treatment
Standards - Individual Household Systems" and "Design
Standards for Wastewater Treatment Works") and/or other
applicable regulations of the Town.
Sec. 7. Whenever possible, the building sewer shall be
brought to the building at an elevation below the
basement floor. In all buildings in which any building
drain is too low to permit gravity flow to the public
sewer, sanitary wastewater carried by such building
drain shall be lifted by an approved means and
discharged to the building sewer.
Sec. 8. No person shall make connections of roof
downspouts, sump pumps, exterior foundation drains,
areaway drains, or other sources of surface runoff or
groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public
sanitary sewer.
Sec. 9. The connection of the building sewer into the
public sewer shall conform to the requirements of the
New York State Building and Plumbing Codes, Dutchess
County Health Department requirements as cited in
Section 6, and any applicable regulations of the Tpwn
8'
Sec. lo. The applicant for the building sewer permit shall
notify the Superintendent when the building sewer is
ready for inspection and connection to the public sewer.
The connection shall be made under the supervision of
the Superintendent or his representative.
Sec. 11. Prior to any excavation for building sewer
installatibn, Road Opening Permits, requiring insurance
and bonds shall be acquired from the Town Highway
Superintendent.
All excavation for building sewer installation
shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets,
sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner
satisfactory to the Town.
ARTICLE V
Use of the Public Sewers
Sec. 1. No person shall discharge or cause to be
discharged any stormwater, surface water, groundwater,
roof'runoff, subsurface drainage, uncontaminated cooling
water, or unpolluted industrial process waters to any
sanitary sewer.
Sec. 2. Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically
designated as storm sewers, or to a natural outlet
approved by the Town, Building Inspector,, and/or Highway
Superintendent. Industrial cooling water or unpolluted
process waters may be discarded, on approval only by the
New York State Department of Environmental Conservation,
to a storm sewer, or natural outlet. Discharges of
cooling waters to state waters are required to apply for
a SPDES (State Pollutant Discharge Elimination System)
Permit.
0
Sec. 3. No person shall
discharged any of the
wastes to any public
discharge or cause to be
following described waters or
sewers:
(a) Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(b) Any waters or wastes containing toxic or poisonous
solids, squids or gases in sufficient quantity, either
singly or"by interaction with other wastes, to injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
public nuisance, or create any hazard in the receiving
waters of the wastewater treatment plant, including but
not limited to cyanides in excess of two (2) mg/1 as CN
in the wastes as discharged to the public sewer.
(c) Any waters or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel
or the wastewater facilities.
(d) Solid or viscous substances in quantities or of
such size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation
of the wastewater facilities such as, but not limited
to,•ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings,
entrails and paper dishes, cups, milk containers, etc.
either whole or ground by garbage grinders.
(e) Any liquid or vapor at such temperatures or in such
quantities to cause the influent wastewater temperature
at the treatment plant to exceed 40 degrees C (104
degrees F).
10
Sec. 4. No person shall discharge or cause to be
discharged the following described substances,
materials, waters, or wastes if it appears likely in the
opinion of the Engineer/ superintendent that such wastes
can harm either the sewers, wastewater treatment process
or equipment, have an adverse effect on the receiving
stream, or can otherwise endanger life, limb, public
property; or constitute a nuisance. In forming his
opinion as to the acceptability of these wastes, the
Engineer and/or Superintendent will give consideration
to such factors as the quantities of subject wastes in
relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the
wastewater treatment process, capacity of the wastewater
treatment plant, degree of treatability of wastes in the
wastewater treatment plant, and other pertinent factors.
The substances prohibited are:
(a) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees F (65 degrees C).
(b) Any water or waste containing fats, wax, grease, or
oils, whether emulsified or not, in excess of one
hundred (100) mg/l or containing substances which may
+W solidify or become viscous at temperatures between
thirty-two (32) and one -hundred fifty (150) degrees F
(0 degrees and 65 degrees C).
(c) Any garbage that has not been properly shredded.
The installation and operation of any garbage grinder
equipped with a motor of three-fourths (3/4) horsepower
(0.76 hp metric) or greater shall be subject to the
review and approval of the Superintendent.
(d) Any waters or wastes containing strong acid iron
pickling wastes, or concentrated plating solutions
whether neutralized or not.
(e) Any waters or wastes containing iron, chromium,
copper, zinc, and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine
requirement, to such degree that any such material
received in the composite sewage at the wastewater
treatment works exceeds the limits established by the
Superintendent for such materials.
11
(f) Any waters or wastes containing phenels or other
taste or odor -producing substances, in such
concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of
the composite sewage, to meet the requirements of the
State, Federal, or other public agencies of jurisdiction
for such discharge to the receiving waters.
(g) Any radioactive wastes or isotopes of such half-
life or c�bncentration as may exceed limits established
by the Superintendent in compliance with applicable
State or Federal regulations.
(h) Any waters or wastes having a pH in excess of 9.5.
(i) Materials which exert or cause:
(1) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers
earth, lime residues) or of dissolved solids
(such as, but not limited to, sodium chloride
and sodium sulfate).
(2) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
1(3) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities as to
constitute a significant load on the
wastewater treatment works.
(4) Unusual volume of flow or concentration of
wastes constituting "slugs" as defined herein.
All slug discharges must be immediately
reported by the user to the Superintendent.
(j) Waters or wastes containing substances which are
not amenable to treatment or reduction by the wastewater
treatment processes employed, or are amenable to
treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of
other agencies having jurisdiction over discharge,to'the
receiving waters.
12
Sec. 5. If any waters or wastes are discharged, or are
proposed to be discharged to the public sewers, which
waters contain the substances or possess the
characteristics enumerated in Section 4 of this Article,
and which in the judgement of the Superintendent, may
have a deleterious effect upon the wastewater treatment
works, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a
public nuisance, the Superintendent may:
(a) Reject the wastes,
(b) Require pretreatment to a acceptable condition for
discharge to the public sewers,
(c) Require control over the quantities and rates of
discharge, and/or
(d) Require payment to cover the added cost of handling
and treating the wastes not covered by existing
taxes or sewer charges under the provisions of
Section 10 of this article.
If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation
of the plants and equipment shall be subject to the
review and approval of the Superintendent, and subject
to the requirements of all applicable codes, ordinances,
and laws.
Sec. 6. Oil, and sand interceptors shall be provided when,
in the opinion of the Superintendent, they are necessary
for the proper handling of liquid wastes containing
flammable wastes, sand, or other harmful ingredients;
except that such interceptors shall not be required for
private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by
the Superintendent, and shall be located as to be
readily and easily accessible for cleaning and
inspection.
Grease traps shall be provided by all food preparation
services, processing operations and restaurants for the
proper handling of their kitchen wastes. The grease
trap shall be sized in accordance with the New York
State Department of Environmental Conservation
Publication, "Design Standards for Wastewater Treatment
Works" (1988) edition and approved by the Dutchess
County Health Department. All grease traps shall be
located as to be readily and easily accessible for
cleaning and inspection.
13
Sec. 7. Where preliminary treatment or flow -equalizing
facilities are provided for any waters or wastes they
shall be maintained continuously in satisfactory and
effective operation by the owner at his expense.
Sec. 8. When required by the Superintendent, the owner of
any propeKty serviced by a building sewer carrying
industrial-, wastes shall install a suitable control
manhole together with such necessary meters and other
appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessible and
safely located, and shall be constructed in accordance
with plans approved by the Superintendent. The manhole
shall be installed by the owner at his expense, and
shall be maintained by him so as to be safe and
accessible at all times.
Sec. 9. All measurements, tests and analysis of the
characteristic of waters and wastes to which reference
is made in this Local Law shall be determined in
accordance with the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published
by the American Public Health Association, and shall be
determined at the control manhole provided, or upon
suitable samples taken at said control manhole. In the
event that no special manhole has been required, the
control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at
which the building sewer is connected. Sampling shall
be carried out by customarily accepted methods to
reflect the effect of constituents upon the wastewater
treatment works and to determine the existence of
hazards to life, limb and property. (The particular
analysis involved will determine whether a twenty-four
(24) hour composite of all outfalls of a premise is
appropriate or whether a grab sample or samples should
be taken. Normally, but not always, BOD and suspended
solids analysis are obtained from 24 hour composites of
all outfalls whereas pH's are determined from periodic
grab samples).
14
Sec. 10. No statement contained in this article shall be
construed as preventing any special agreement or
arrangement between the Town and any industrial concern
whereby an industrial waste of unusual strength or
character may be accepted by the Town for Treatment,
subject to payment therefore, by the industrial concern.
However, no special agreements shall circumvent National
Categorical Pretreatment Standards, that is, any
regulatidn containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307
(b) and (c) of the Act (33 USC 1347) which applies to a
specific category of industrial users.
Sec. 11. Upon promulgation of National Categorical
Pretreatment Standards by the USEPA, all industries
covered by a categorical must conform to the limitations
and requirements stated within the standard.
Sec. 12. Notification to Tri -Municipal and the
Superintendent thereof shall be executed prior to the
flushing of any non-residential building sewer lines.
All waters used in the aforementioned flushing shall be
"unpolluted water" as defined in Article I, Section 21
of this Local Law.
ARTICLE VI
Protection from Damage
Sec. 1. No unauthorized person shall maliciously,
willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the
wastewater treatment works. Any person violating this
provision shall be subject to immediate arrest under
charge of disorderly conduct.
15
ARTICLE VII
Powers and Authority of Inspectors
Sec. 1. The Superintendent and other duly authorized
employees of the Town and/or the Environmental
Protectl'on Agency, the New York State Department of
Environmental Conservation, the Dutchess County
Department of Health, bearing proper credentials and
identification, shall be permitted to enter all
properties for the purposes of inspection, observation,
measurement, sampling and testing in accordance with the
provisions of this Local Law.
Sec. 2. The Superintendent and other duly authorized
employees of the Town bearing proper credentials and
identification shall be permitted to enter all private
properties through which the Town holds a duly
negotiated easement for the purposes of, but not limited
to, inspection, observation, measurement; sampling,
repair and maintenance of any portion of the wastewater
treatment works lying within said easement. All entry
and subsequent work, if any, on said easement, shall be
done in full accordance with the terms of the duly
negotiated easement pertaining to the private property
involved.
Sec. 3 While performing the necessary work on private
properties referred to in Article VII, Section 1 above,
the Superintendent or duly authorized employees of the
Town shall observe all safety rules applicable to the
premises established by the company and the company
shall be held harmless for injury or death to the Town
employees and the Town shall indemnify the company
against loss or damage to its property by Town employees
and against liability claims and demands for personal
injury or property damage asserted against the company
and growing out of the gauging and sampling operation,
except as such may be caused by negligence or failure of
the company to maintain safe conditions as required,in
Article V, Section 8.
ARTICLE VIII
Penalties
Sec. I. Any person found to be violating any provision of
this Local Law except Article VI shall be served by the
Town with written notice stating the nature of the
violation and shall have ten (lo) days for the
satisfactory correction thereof. The offender shall,
within the period of time stated in such notice,
permanently cease all violation.
erson who shall continue any violation beyond
Sec. 2. Any p
the time limit provided for in Article VIII, Section 1,
shall be guilty of a misdemeanor, and on conviction
thereof shall be fined $1000.00 per day for each
violation. Fees will continue to be levied until the
violation has been corrected to the satisfaction of the
Superintendent and/or other authorized personnel as
cited in Article VII, Section 1.
Sec. 3. Any person violating any of the provisions of this
Local Law shall become liable to the Town for any
expense, loss, or damage occasioned the Town by reason
of such violation.
Sec�kw. 4. Notwithstanding the other sanctions
in thisupreme
grticle VIII, the Town may bring proceedings
court of the State of New York to enjoin the continued
violation of this Local Law.
ARTICLE IX
Validity
Sec. I. The invalidity of any section, clause, sentence,
or provision of this Local Law shall not affect the
validity of any other part of this Local Law wwhics•can
be given effect without such invalid pator a
ARTICLE X
Local Law in Force
Sec. 1. This Local Law shall be in full force and effect
from and after its passage, approval, recording, and
publication by law.
17
ARTICLE XI
Application and Permits
for the
Construction of Sewer Mains
by Developers
in
Wappinger Sewer Transmission/Treatment Improvement
1. All proposed subdivisions within the Wappinger Sewer
Transmission/Treatment Improvement currently being treated
(Phases I/II), shall provide public sewer, constructed in
accordance with the requirements, standards, and
specifications of the Dutchess County Health Department and
the Town, at the expense of the developer.
All proposed subdivisions within Phase III of the Wappinger
Sewer Transmission/Treatment Improvement shall contain
private wastewater disposal systems conforming to all
requirements of Article III of this Local Law and appropriate
agencies until such time as when public sewer becomes
available. When public sewer is available, proposed
subdivisions shall have sewer mains to be connected to Town
owned trunk lines, and the Developer shall provide to the
Town at his expense, all necessary sewers and right-of-ways,
to connect the subdivision sewers to the trunk line.
The fee to accompany the application to the Town Planning
Board for a permit to construct public sewers shall be
established for each individual case based accordingly on the
estimated cost of the sewer construction established by the
Town and/or Engineer.
Sec. 2. Copies of this Local Law shall be available from
the Town for a fee of $50.00. Design criteria and
specifications required by the New York State Department of
Environmental Conservation, are contained within "Recommended
Standards for Wastewater Facilities" (Ten State Standards)
and "Design Standards for Wastewater Treatment Works."
18
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
or the City of having been submitted to referendumpursuant io
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19_, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as"a, unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an nppropritate certificntion.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted .
in the manner indicated in paragraph •1 , above.
. U (A'S'n'At"
Town diNAIAA Clerk
or officer designated by local legilsative body
ELAINE SNOWDEN, Town Clerk
(Seal) Date: Sept. 29, . 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto. _
ALBERT P. ROBERTS
ATTORNEY TO THE TOWN
Jaik}x of WAPPINGER
Town
Aiiidagtt
Date: pt-- 92, 1999
(3)
D
(Complete the certification in (he paragraph (hat applies to (lie filing of this local law and
strike out (lint ii•liich is not applicable.)
;Final adoption by local legislative body only.)
l Wreby certify that the local law annexed liereto, designated as local law N
Of tilt (fxtd�lifi6fii�(Town)(3eiR� or WAPPINGER o 9 of 19 92
TOWN BOARD was duly passed by Clic
(Na le o egu atrve ,-,Y-,,
y °n Sept. 2g 1992 , in accordance with the- applicable provisions of law.
2. (Passage by local legislative body with Approval, no disapproval or repassnge after disapprovai
by the Elective Chief Ex cutive Officer'.)
I hereby certify that the local law annexed liereto, designated as local law No.
of (lie (County)(City)(Town)(Village) of of 19
,on 19 was duly passed by the
disapproval) ame of l) alive y and was (approved)(not disapproved)(repassed after
by thee and was deenied duly adopted on
eclwe ue xecuhve (titer 19
in accordance with clic applicable provisions of law.
I (Final adoption by referendum.)
I Hereby certify that the.local law annexed liereto, designated as local law No.
of the (County)(City)(Town)(Village) of of 19
on 19 was duly passed by the
—, and was (approved)(not disapproved)(repassed after a of Legislative Body
di 'JSproval) by tilt fGcer Elective Chion 19 Such local law was
e( Executive f) —
submitted to the people by reason of a (mandatory)(perniissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annual) election Held on
19—, in accordance with the applicable provisions of law. .
4. (Subject to permissive referendum acid final adoption because no valid petition was filed requesting
referndum.)
1 hereby certify that (lie local law annexed liereto, designated as local law No.
of the (County)(City)(Town)(Village) of of 19_
Name of Legislative Body was duly passed by the
on l9—, and was (approved)(not disapproved)(repassed after
disapproval) by theon 19 . Such lotral law was subject to
Elective Chief Executive Officer —•
permissive rcfcrenduni and no valid petition requesting such rcfcrenduni was filed as of ' 19 ,
in accordance with the applicable provisions of law. —
ive Chief Executive Officer means or includes the chief executive officer of a county elected on n
ct Wy-wide basis or, if there be none, lite cliairinaii of (lie county legislnlive body, file mayor of n city
or village, or the supervisor of a (oivn where such officer is vested with the power to approve or veto local
laws or ordinances.
(2)
A Public Hearing was held by the Town Board of the Town of Wappinger
on September 28, 1992, at the Town Hall, 20 Middlebush Road, Wappingers
Falls, Dutchess County, New York, on a proposed Local Law Amending
Local Law #1 of 1970, Regulating the Use of Public Sewers in the
Town of Wappinger.
Supervisor Smith opened the Hearing at 6:55 P.M.
Present:
Constance O. Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Robert Wallace, 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).
The Supervisor noted that this proposed Law was discussed at a
work shop with the Board and Charles DelBene from Paggi & Martin.
It is now ready for the public and the Supervisor asked for comments
on the proposed Law from those present.
No one commented either for or against the proposed.
MRS. VISCONTI moved to close the Public Hearing, seconded by
Mr. Wallace and unianimously carried.
The Hearing closed at 6:57 P.M.
Q Q atow & -
Elaine H. Snowden
Town Clerk
T�w
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
I
NOTICE IS HEREBY GIVEN that
following Resoiution Setting a
Joan Mille r
••••••••••••••••••••••••••• ......................... of the
the
Public Hearing onU.a proposed Local
Law on n Boar wag adopted p'
the Town Board of the Town of Wap-
Town of Wappinger, Dutchess County, New York,
c?f
pinger ita Special Meeting held on
September 14, ,992:
The following Resolution was mov-",
Counc
being duly sworn, says that he is, and at the several
seconded byLIP
man W laSM ce
anWHunanER mouAS,ths
times hereinafter was, the . BAQkks~eger..........
a has been,duly
presented and introduced et a .
Special Meeting of this Tp,,, Board i
of the SOUTHERN DUTCHESS NEWS, a
on the 141h day of Sepiam "199 e
a proposed Local Law on Sewer.Use
in the Town of Wappinger,`.and
newspaper printed and published every Wednesday
of
WHEREAS, the provisions of the
Municipal Home Rule Law requires.
that no local law shall be egged by
the Town un 'I
in the Town of Wappinger, Dutchess County, New
the Legislative Body of
a Public Hearing thereon,has been
held before such bMy,
NOW, .THEREF RE1BE IT
York and that the annexed NOTICE was duly
RESOLVED,
1. That a Public Hearing shall be
held on the said p t cal Law
the Town of
•
published in the said newspaper for one • • •seeks
by the Town Board of
Wappmger on the 8th day of
September, 1992 at 6:55 P.M on
successively in each week, commencing on the
such day at the Town Hall, 20 Mid-
dlebush Road, Wappingers Falls,S
York.
23rd
• • •• •• • day of eI;'t :...... 19..?.. and on the
Dutchess County, New
five days notice
, .......
2. That at Is (5)
of such hearing shall be given b the
Town Clerk of the Town of viapp
following dates thereafter, namely on
inger by the due posting thereof
upon the bulletin board maintained
bysaidTownClerk intheTownHall
and by publishing such notice at
••••,••••••••••••••••,••••••,•,••••••,•••,•,•••••••,••••••••,••••
least once in the official newspaper
of the Town ofWapppin er.
and ending on the ...2.3xd... day of ...Sept....
PLEASE TAKE �.URTHER
NOTICE that copies of ilia said Local
Lawof 1992 are available for review
19.92 both days inclusive.
and inspection at the office of the
Town Clerk on weekdays from 8:30
a.m. to 4:00 p.m. at the Town Hall,
20 Middlebush Road, Wappingers
Falls, New York. ,
ELAINE H. SNOWDEN, j
>,TOWN CLERK
TOWN OF WAPPINGER 1
.........................................
DATED: SEPT. 21, 1992
Subscribed and sworn to before me
this ..23rd day of ....• Sept mpbeer ,19 92
Notary Public
My commission expires .................................
RACHEL WISHART
NOTARY PUBLIC, -STATE OF NEW YORK
QUALIFIED IN DOTCIIESS COUNTY
0 14-48559932
CQMMISSM EXPIRES MARCH 31, 1
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW ON SEWER USE
IN THE TOWN OF WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
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 September 23rd, 1992, your deponent posted
a copy of the attached notice of. Public Hearing on a
proposed Local Law on Sewer Use in the Town of Wappinger
on the signboard maintained by your deponent in her office
in the Town hall of the Town of Wappinger, 20 Middlebush
Road, Wappingers Falls, Dutchess County, New York.
-� OtW-c
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this '1144'`'
day of September, 1992.
Notary
Public
.LINDA M. LRIM
NOW,/ Publie, Sta4efUMN
No. 238iM
Qualified in Outchess '�+I>I
C08U dUlon Expires 10/31/1zv