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2007-06-11 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting June 11`h, 2007 7:30 PM Amended Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on June 11th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, May 14th, 2007 2. Tuesday, May 29th, 2007 III. Correspondence Log 2007-99. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Hearings 1. Local Law No. of the Year 2007, Amending Section 240-21 E. ""Swimming Pools" of the Wappinger Code 2. Local Law No. of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management" V. Public Portion on Agenda Items VI. Discussions A. Recycle Center Permit Issue - Jeff Mowry B. Smith Crossing Road Hearing Impaired Sign - Dawn Marie Nasi C. Tow Truck Local Law - Al Roberts VII. Resolutions 2007-100. Resolution Authorizing Refund of Unused Escrow for 37 Whites Corner Lane for Swale and Stabilization 2007-101. Resolution Authorizing Refund of Unused Escrow for 26 Whites Corner Lane for Stabilization and Driveway 2007-102. Resolution Authorizing Refund of Unused Escrow for 40 Whites Corner Lane for Stabilization and Driveway 2007-103. Resolution Authorizing Refund of Unused Escrow for 14 Truffle Ridge for Stabilization 2007-104. Resolution to Authorize a Deaf Child Sign to be Placed on 30 Smith Crossing Road 2007-105. Resolution Adopting Local Law No. of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code 2007-106. Resolution Adopting Local Law No. of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management" 2007-107. Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing 2007-108. Resolution Approving Summer Playground Programs Employees and Salaries 2007-109. Resolution Authorizing the Salary Increase for Bob Sheridan and.Budget Amendment 2007-110. Resolution Authorizing the Salary Increase for Cheryl Hait and Budget Amendment 2007-111. Resolution Authorizing Change Orders In Connection with Purchase and Acquisition of Meadowood Wells 2007-112. Resolution Authorizing Budget Amendment and for the Recreation Department to Go Out to Bid VIII. New Business IX. Adjournment b T Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 . Regular Meeting townofWappinger.us ^' Minutes — Chris Masterson Monday, June 11th, 2007 7:30 PM Town Hall In Call to Order Councilman Paoloni called the Meeting to order at 7:34 PM. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Absent William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Late 7:58 PM Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Minutes Approval 1. Monday, May 14th, 2007 2. Tuesday, May 291h, 2007 ✓ Vote Record -Motion-to Accept the M1nutes.f6r 05114!07 •nd 05/29/07 and placethem,on file -. 0 -- -_ __ Yes/Aye No/Nay Abstain Absent _ Absent Adopted Jos h Ru sero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ Defeated ❑ Tabled efeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy+Initiator ❑ =, 0 ❑ ❑❑ _.. _ . .._ Voter 0 Joseph Paoloni Voter 10 0 0 Correspondence Log RESOLUTION: 2007-99 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ' Vote'Record - Resolution RES -2001-99 Yes/Aye No/Nay i Abstain Absent 0 Adopted Joseph Ru ero &' Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William B Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Bettina ettina Voter ❑ [10 0 ❑ Tabled ❑ Withdrawn Maureen Initiator 0 r ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. Public Portion on Agenda Items Councilman Paoloni opened the floor for public comment on the agenda items at 7:36 PM. There were no comments from the public. Councilwoman McCarthy made a motion to close the floor to comments. Councilman Beale seconded and the motion passed unanimously. Town of Wappinger Page I Printed 611812007 Regular Meeting Minutes June 11, 2007 V. Public Hearings Resolution Introducing Local Law No. of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code Councilman Paoloni opened the Public Hearing at 7:36 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Councilman Paoloni asked if there were any comments from the Board or the public. There were none. Councilwoman McCarthy made a motion to close the Public Hearing. The motion was seconded by Councilman Beale. The Public Hearing was then closed at 7:36 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero, Vincent Bettina Town of Wappinger Page 2 Printed 6/18/2007 T TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER .M AFFIDi POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING SECTION 240-21 (e): "SWIMMING POOLS, OF THE WAPPINGER CODE STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 23rd, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law amending Section 240-21 (e) "Swimming Pools", of the Wappinger Code on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. (a r. 71 hn C. X&sterson Town Clerk Town of Wappinger Sworn to before me the 31St day of 11 4NOTAARV PUBLIC BARBARA L. ROBERTI Notary Public, State of New York e No.01806130344 Dutchess County My CorruNssion Expires July 18, 2008 SOUTHERN DUTCHESS NEWS BEACQN FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 ink -F-F 3 claE%/ i t c> -F P'uUo 1 i mat z C>" To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #77510 State of NEW YORK SS. County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 05,/2:37'07. Sworn to before me this 23rd days of May, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 [I- Ij r-vuuimuepsoe journal Poughkeepf, N.Y. AFFIDAVIT OF PUBLICATION State of New York RECEIV MAY 212007 TOWN CLERK County of Dutchess City of Poughkeepsie ; Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper fore insertiweeks successively, in each week, commencing on the 23rd day of May in the year of 2007 and on the following dates thereafter, namely o and ending on the day of in the year of 2007 ,both days inclusive. Subscribed and sworn to before me this w_ day of in the year of 2007 �•/�JtSL NotarI Uak" - y Public My commission expires LESLIE SHER.4DEN Notary Public, State of New York No 01SH5018755 Qualified in Dutche s oupty� eoMM'SSIOn Expires � , Regular Meeting Minutes June 11, 2007 Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management Councilman Paoloni opened the Public Hearing at 7:36 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Councilman Paoloni asked if there were any comments from the Board or the public. There were none. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy. The Public Hearing was then closed at 7:37 PM. RESULT - CLOSED [U, NANIMOUS] MOVER: William Beale; Councilman SECONDER: Maureett MtCar`;thy,-,Councilwoman AYES: William Beale; Maureen McCarthy, Joseph Paolon ' ABSENT: Joseph Ruggiero; Vincent Bettina T, Town of Wappinger Page 3 Printed 6/18/2007 LJ TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL CREATING CHAPTER 213 OF THE TOWN CODE "MUNICIP STORMWATER MANAGEMENT" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 23rd, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law creating Chapter 213 of the Town Code: "Municipal Stormwater Management" on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the 31st d. .i 11 �VOTARY PUBLIC BARBARA L. ROBERTI Notary Public, State of New York Reg No. 01 806130344 , Dutchess County My Commission Expires July 18, 2009 7ohn C. YJasterson Town Clerk Town of Wappinger SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 ^-Ff 1c-,%.olt cD,f P"b11Gct't.1c>" To. WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #77509 State of NEW YORK } }. SS: County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 05/23/07. G� Sworn to before me this 23rd day of May, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14--8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 0 Ll 11 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York RECENF-. ► County of Dutchess City of Poughkeepsie MAY: 2 2007 ' TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned fie/she was and still is the Pxincipie Clerk of the Poughkeepsie -Newspapers Division of Gannett Sateihke Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper fore insertion weeks successively, in each week, commencing on the 23rd day of May in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of in the year of 2007 both days inciusivb. Subscribed and sworn to before me this day of k AtA in the year of 2007 :Nota Public �j My commission expires LESLIE SHERADEN, Notary Public, State of New York No 01SH5018755 ` Quatified in Dutche s Commission Expires Regular Meeting Minutes June 11, 2007 VI. Discussions A. Recycle Center Permit Issue — Jeff Mowry Councilman Paoloni opened the discussion at 7:39 PM. Jeff Mowry was present to address the Board about his issue with the recycle center. In the past, Mr. Mowry used a commercial dump truck to transport his leaves and other yard waste to the recycle center. Recently, he was informed that commercial vehicles are no longer allowed in the recycle center. Mr. Mowry counted a total of 128 trees on his property. Last year, the clean-up of Mr. Mowry's property consisted of approximately two months worth of work. Mr. Mowry brought 9 loads of material to the recycle center in the dump truck. With his car and trailer, it would take approximately 27 trips. He noted that there is no other option for residents to dispose of the leaves. He would like an exception made so that he can use the dump truck to transport his yard waste to the recycle center. Mr. Mowry stated that his neighbors used a private company to dispose of their leaves at a cost of $600. Councilman Paoloni explained the reasons for the strict standards that the Town now has in place for the recycle center. He then asked for input from the Board. Councilman Beale asked if Mr. Mowry currently had a permit. Mr. Mowry replied that he did. Councilman Beale then asked if Mr. Mowry had a permit for the dump truck. Mr. Mowry did not. Councilman Beale wanted to know how Mr. Mowry was using the dump truck at the site without a permit. Discussion followed. Councilman Beale stated that he wanted clarification on the rules. He said that the rules seem to change every two weeks or depending on the person. Councilwoman McCarthy added that things are being allowed to happen at the recycle center unbeknownst to the Town Board. There is too much latitude for anything to be consistent. She feels that a special use permit is the most likely solution in this case. Discussion followed. Councilman Paoloni agreed that the rules should be written and available for the residents and that the Board should look into the issuance of special use permits. Councilman Beale commented that the Board had previously discussed posting the rules for the recycle center. He recommended that the Board set a standard operating procedure and post the rules at the gate. Councilman Paoloni asked that this topic be on the next agenda. With no other comments or questions, the discussion was closed at 7:55 PM. B. Smith Crossing Road Hearing Impaired Sign — Dawn Marie Nasi Councilman Paoloni opened the discussion at 7:55 PM. DawnMarie Nasi was present to discuss her request to place "Hearing Impaired Children" signs on Smith Crossing Road. Mrs. Nasi has five children under the age of ten. Four of the children have severe hearing impairments. Mrs. Nasi made requests to the Town Highway Department for the signs. She was told that there is a sign on her road already. There is one sign in the middle of Smith Crossing Road which faces only one direction of travel. She claims that this sign does nothing for her children. She also claimed that the child that the original sign was erected for no longer lives in that area. Councilwoman McCarthy recommended using the green neon signs because they are more noticeable. Councilman Paoloni asked if the sign was approved. Gina Basile, the confidential secretary to the Supervisor, pointed out that there is a resolution on the agenda for this sign. Councilman Beale asked if there is a set protocol for such signs. Al Roberts, the Town Attorney, replied that he does not believe there is a set protocol for informational signs. Councilman Bettina stated that there should be a protocol for informational signs as well. He made a motion to refer the issue to the Town Engineer, the Town Attorney and the Town Highway Superintendent to develop standards for such informational signs. Councilman Beale seconded the motion and asked how the Town would be maintaining the signs. He wanted to know what would happen if the child left the area. Councilman Paoloni replied that the protocol should address such issues. Mr. Roberts recommended that the Board amend the Resolution to call for two signs, one in each direction, with the Town Highway Superintendent having discretion on the placement of the signs. The Board voted unanimously in favor of Councilman Bettina's motion. Councilman Paoloni closed the discussion at 8:04 PM. C. Tow Truck Local Law - Al Roberts Councilman Paoloni opened the discussion at 8:12 PM. Al Roberts, Town Attorney, began by explaining the current version of the Local Law. It is a streamlined version with the only rotational lists to be used being the Sheriffs list and the State Trooper's list. There is a requirement that the tow trucks that respond that are not called from the list must stay 500 feet from the scene. There is also a section requiring the tow truck operator to remove all debris from the scene. Councilman Beale added that the Local Law could be amended if problems with the lists did arise. Councilman Bettina referenced a letter submitted by one of the tow truck operators. Mr. Roberts was unfamiliar with the letter. Councilwoman McCarthy provided a Town of Wappinger Page 4 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 copy for Mr. Roberts. Councilman Beale commented that the lists are maintained by the Sheriffs Department and the State Troopers. The Town will have no authority over the lists. Councilman Paoloni asked how the Town could have tow truck operators removed from the list. Councilman Beale replied that he did not think the Town had the authority to remove an operator from the list. The Town could only fine the operators for not complying with the Local Law. After reading through the tow truck operator's letter, Mr. Roberts commented that the letter is not clear. Discussion followed. Councilman Bettina asked if the Sheriffs Department and State Troopers were going to be aware of the Town's Local Law. Mr. Roberts replied that both agencies will receive copies of the Law. Councilman Paoloni asked what the fines would be. Mr. Roberts listed the fines as written in the Law. With no other comments or questions, Councilman Paoloni closed the discussion at 8:12 PM. VII. Resolutions RESOLUTION: 2007-100 Resolution Authorizing Refund of Unused Escrow for 37 Whites Corner Lane for Swale and Stabilization WHEREAS, on or about December 22nd, 2005, O'Donnell & Sons deposited Six Thousand, Five Hundred Dollars and 00/100 ($6,500.00) with the Town of Wappinger for the property located at 37 Whites Corner Lane for swale and stabilization, and WHEREAS, O'Donnell & Sons has requested a refund in the amount of Six Thousand, Five Hundred Dollars and 00/100 ($6,500.00) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is retroactively approved in the amount of Six Thousand, Five Hundred Dollars and 00/100 ($6,500.00) made payable to O'Donnell & Sons Inc., for the refund of the unused escrow deposited for the property located at 37 Whites Corner Lane. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-100 Yes/A el No/Nay i Abstain Absent * Adopted Joseph Ruggiero Voter ❑�� ❑� ❑ 0 ❑ Adopted as Amended William Beale ; Voter ® ❑ ❑ _ 11 ❑ Defeated Vincent Bettina Seconder 0 — ---- — ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-101 Resolution Authorizing Refund of Unused Escrow for 26 Whites Corner Lane for Stabilization and Driveway WHEREAS, on or about March 30th, 2007, O'Donnell & Sons deposited Twenty Two Thousand, Two Hundred Dollars and 00/100 ($22,200.00) with the Town of Wappinger for the property located at 26 Whites Corner Lane for stabilization and driveway, and WHEREAS, O'Donnell & Sons has requested a refund in the amount of Twenty Two Thousand, Two Hundred Dollars and 00/100 ($22,200.00) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is retroactively approved in the amount of Twenty Two Thousand, Two Hundred Dollars and 00/100 ($22,200.00) made payable to O'Donnell & Sons Inc., for the refund of the unused escrow deposited for the property located at 26 Whites Corner Lane. Town of Wappinger Page 5 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 The foregoing was put to a vote which resulted as follows: '"#i�;��'d-R�sut�tttori=5�2007�t0i 0 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter lZ ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-102 Resolution Authorizing Refund of Unused Escrow for 40 Whites Corner Lane for Stabilization and Driveway WHEREAS, on or about February 8th, 2006, O'Donnell & Sons deposited Nine Thousand, Seven Hundred Fifty Dollars and 00/100 ($9,750.00) with the Town of Wappinger for the property located at 40 Whites Corner Lane for stabilization and driveway, and WHEREAS, O'Donnell & Sons has requested a refund in the amount of Nine Thousand, Seven Hundred Fifty Dollars and 00/100 ($9,750.00) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is retroactively approved in the amount of Nine Thousand, Seven Hundred Fifty Dollars and 00/100 ($9,750.00) made payable to O'Donnell & Sons Inc., for the refund of the unused escrow deposited for the property located at 40 Whites Corner Lane. The foregoing was put to a vote which resulted as follows: ✓ YotMeWrd - Resoiutlon RES -2007-102 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter ❑ ❑ ❑ El ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina �_ _ Seconder _ m _ ❑ ❑ _❑ ❑ Withdrawn Maureen McCarthy Initiator El ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-103 Resolution Authorizing Refund of Unused Escrow for 14 Truffle Ridge for Stabilization WHEREAS, on or about December 7th, 2006, Meadowood Investors deposited Three Thousand Dollars and 00/100 ($3,000.00) with the Town of Wappinger for the property located at 14 Truffle Ridge for stabilization, and WHEREAS, Meadowood Investors have requested a refund in the amount of Three Thousand Dollars and 00/100 ($3,000.00), and has been approved by George Kolb, Director of Code Enforcement, in letter dated May 31St, 2007, to the Town of Wappinger Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three Thousand Dollars and 00/100 ($3,000.00) made payable to Meadowood Investors for the refund of the unused escrow deposited for the property located at 14 Truffle Ridge. Town of Wappinger Page 6 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record = Resolution RES -2007-103. ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman 0 Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended ❑ Defeated William BealeVoter El ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ _ Joseph Paoloni Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. 5. Motion To: amend Resolution 2007-104 to include two neon colored signs in both directions and remove old sign RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: ABSENT: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni Joseph Ruggiero RESOLUTION: 2007-104 Resolution to Authorize a Deaf Child Sign to be Placed on 30 Smith Crossing Road WHEREAS, Mrs. Nasi, who lives at 30 Smith Crossing Road, has four severely hearing impaired children; and WHEREAS, Mrs. Nasi has sent the Town Board a letter dated June 5th, 2007, hereby attached, requesting a Deaf Child Area sign be placed on their property to increase the community's awareness, and WHEREAS, there will be two Deaf Child Area signs put up, one pointed in each direction, and WHEREAS, the Town Board has requested the signs be neon green, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes two neon green "Deaf Child Area" signs to be placed at 30 Smith Crossing Road, with a sign facing each direction. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES=2007-104 Yes/Aye No/Nay ; Abstain Absent Adopted Joseph Ru1. ggiero Voter ❑ ❑ l i ❑ 0 ❑ Adopted as Amended William Beale Voter El [111❑ ❑ Defeated Vincent Bettina Seconder ® ❑_ ❑ ❑ ❑ Tabled _ Maureen McCarth Y Initiator ® ❑ ❑ ❑ ❑ Withdrawn _ Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-105 Resolution Adopting Local Law No. 6 of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the Town of Wappinger Page 7 Printed 6/1812007 Regular Meeting Minutes June 11, 2007 official newspaper of the Town and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on June 11th, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law and has filed a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No. 6 of the Year 2007 entitled "Local Law No. 6 of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓'Vefoi M = Bes+olutlon RES -2007'' 1105 Yes/Aye j r o/ay Abstain Absent 0 Adopted Jos h Ru Fiero Voter ❑ ❑ ❑ D ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated _ _ Vincent Bettina Initiator _ It __ ❑ b- _ ❑ 0 Tabled Maureen McCarthy ❑ Withdrawn Seconder 0 ❑ ❑ O Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 6/18/2007 LOCAL LAW NO.6 OF THE YEAR 2007 A Local Law entitled "Local Law No. 6 of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 6 of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code." Section H: Legislative Intent: The Town Board has determined that the Town Zoning Code, Section 240-21 E. (1) has specifications for a swimming pool fence which are inconsistent with the provisions of a swimming pool fence as contained in the New York State Uniform Code. The purpose of this Local Law is to eliminate any inconsistency between the Town Zoning Code and the New York State Uniform Code, and by adoption of this Local Law it is the Town Board's intention that the specifications for a swimming pool fence shall be those as identified and specified in the New York State Uniform Code. Section III: Amendments to Section 240-21. Yards and Setbacks: §240-21. Yards and Setbacks. Section 240-21 "Yards and Setbacks", Subdivision E. is hereby amended to read as follows: "E. Swimming Pools. A swimming pool, including accessory equipment, shall be considered a structure and shall have the same set back requirements from lot lines as required for accessory buildings in the subject zoning district. A swimming pool, including accessory equipment, must be surrounded by a fence or constructed in accordance with the New York State Uniform Code. Associated electrical facilities for pool filters, and electrical outlets must comply with the New York State Uniform Code." Section IV: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. Regular Meeting Minutes June 11, 2007 RESOLUTION: 2007-106 Resolution Adopting Local Law No. 7 of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on June 11ffi, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for purposes of SEQRA review; and WHEREAS, the Town Board has made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No.7 of the Year 2007 entitled "Local Law No. 7 of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management". 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York, as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-106 No/Nay Abstain Absent 0 AdoptedYes/Aye Joseph Ruggiero Voter ❑ ❑ ❑ El ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 6/18/2007 LOCAL LAW NO.7 OF THE YEAR 2007 A Local Law entitled "Local Law No. 7 of the Year 2007, Creating Chapter 213 of the Town Code, Municipal Stormwater Management." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title This Local Law shall be known and cited as Town of Wappinger Local Law No. 7 of 2007 entitled "Local Law No. 7 of the Year 2007, Creating Chapter 213 of the Town Code, Municipal Stormwater Management." This Local Law No. 7 of the Year 2007 hereby establishes and creates Chapter 213 "MUNICIPAL STORMWATER MANAGEMENT" of the Code of the Town of Wappinger. Section -II: Creation of Chanter 213: "MUNICIPAL STORMWATER MANAGEMENT" Chapter 213 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 213 MUNICIPAL STORMWATER MANAGEMENT ARTICLE I. STORMWATER MANAGEMENT — EROSION AND SEDIMENT CONTROL § 213-1. Legislative Findings. It is hereby determined that: A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition. B. This stormwater runoff contributes to increased quantities of water -borne pollutants, including siltation of aquatic habitat for fish and other desirable species. C. Clearing, grading, excavating, soil disturbance or placement of fill during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat. D. Improper design, maintenance and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation. E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow. F. Substantial economic losses can result from these adverse impacts on the waters of the Town. G. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities. H. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. I. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. J. The Town Board finds that the Municipal Stormwater Management provisions adopted herein are consistent with the guidelines set forth in Greenway Connections. In its deliberations on any discretionary actions under this chapter, the Stormwater Management Officer and other approving agencies of the Town of Wappinger shall consider the statement of policies, principles and guidelines in Greenway Connections as they deem appropriate and relevant in its deliberations on such discretionary actions. § 213-2. Legislative intent. The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the legislative findings in § 213-1 hereof. This article seeks to meet those purposes by achieving the following objectives: A. Adopt minimum control measures 4 and 5 for a Stormwater Management Program as set forth in the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems Permit No. GP -02-02 effective January 8, 2003 as amended, revised or superseded. B. Further implement the Town of Wappinger Stormwater Management Program as required under New York State MS4 SPDES No. NYR20A055. C. Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP -02-01 or as amended or revised. Fa D. Comply with the applicable Federal regulations for small Municipal Separate Storm Sewer Systems (MS4) promulgated by the United States Environmental Protection Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.) E. Minimize increases in the rate of stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels. F. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality. G. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable. H. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. § 213-3. Aoolicability. A. All Land Development Activities, as such are defined in § 213-5.P of this Article, including but not limited to, land development activities subject to review and approval by the Town Board, Planning Board or the Zoning Board of Appeals of the Town under subdivision, site plan, special permit, wetland permit, grading permit and/or other environmental permit regulations, shall be reviewed subject to the standards contained in this chapter. B. It shall be unlawful for any person to engage in a land development activity, other than an exempt activity as defined in Section 213-4, without a Stormwater Pollution Prevention Plan approved by the Stormwater Management Officer or other approving authority as specified in paragraph C below. C. The Stormwater Management Officer shall accept, review and be the approving authority for all Stormwater Pollution Prevention Plans (SWPPP), except the approving authority for land use applications subject to approval under this Code shall be as follows: Conventional Subdivision. The Planning Board shall approve SWPPP's in connection with applications for conventional subdivisions under Chapter 217 in all districts. 2. Average Density Subdivisions. The Planning Board shall approve SWPPP's in connection with applications for Average Density Subdivisions pursuant to § 240- 19 (A) in all districts. 3. Conservation Subdivision. The Town Board shall approve SWPPP's in connection with applications for Conservation Subdivisions pursuant to § 240-19 (B) in all districts. 4. Mandatory Open Space Subdivision. The Planning Board shall approve SWPPP's in connection with applications for Mandatory Open Space Subdivisions pursuant to § 240-19 (B) in all districts. 3 0 11 11 5. Special Permit Uses. The Planning Board shall approve SWPPP's in connection with applications for special permit uses pursuant to Article VII of Chapter 240 in all districts, except in those cases where the Schedule of Use Regulations designates the Town Board as the approving agency, in which case the Town Board shall approve the SWPPP. 6. Site Development Plans. The Planning Board shall approve SWPPP's in connection with Site Development Plans pursuant to Article IX of Chapter 240 in all districts; the Architectural Review Board is designated as the Planning Board. 7. Planned Unit Developments. The Town Board shall approve SWPPP's in connection with applications for Planned Unit Developments pursuant to § 240- 39. 8. Designed Residential Development. The Town Board shall approve SWPPP's in connection with applications for Designed Residential Development pursuant to § 240-50 in all districts. D. The Stormwater Management Officer may engage the services of a registered professional engineer to review the plans, specifications and related documents. The applicant shall be responsible for payment of the fees of the engineer engaged by the Stormwater Management Officer in accordance with the provisions of § 122-2 of the Town Code. § 213-4. Exemptions. The following activities shall be exempt from review under this chapter: A. Agricultural activity as defined in this chapter. B. Silvicultural activity except that landing areas and log haul roads are subject to this chapter. C. Repairs and routine property maintenance activities that disturb less than one (1) acre and maintain the original line and grade. D. Repairs and routine maintenance to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. E. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Wappinger on or before the effective date of this law. F. Land development activities for which a building permit has been approved and is still in effect on or before the effective date of this chapter. G. Cemetery graves. H. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles. I. Emergency activity immediately necessary to protect life, property or natural resources. J. Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family. C! K. Landscaping and horticultural activities in connection with an existing non-commercial structure. § 213-5. Definitions. Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have meanings set forth below: A. AGRICULTURAL ACTIVITY — The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. B. APPLICANT — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, filing an application for a land development activity subject to the provision of this chapter. C. BUILDING — The term "building" as defined in Section 240-5 of the Town Code now or as hereafter amended. D. CHANNEL — A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. E. CLEARING — Any activity that removes the vegetative surface cover. F. DEDICATION — The deliberate appropriation of property by its owner for general public use. G. DEPARTMENT — The New York State Department of Environmental Conservation. H. DESIGN MANUAL — The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices, or any superseding publication issued by the New York State Department of Environmental Conservation. I. DEVELOPER — A person who undertakes land development activities. J. EROSION CONTROL MANUAL — The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book." or any superseding publication issued by the New York State Department of Environmental Conservation. K. FRESHWATER WETLAND — The term "freshwater wetland" as defined in Section 137-5 of the Town Code now or as hereafter amended. L. GRADING — Excavation or fill of material, including the resulting conditions thereof. M. IMPERVIOUS COVER — Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc). N. INDUSTRIAL STORMWATER PERMIT — A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates G J the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. O. INFILTRATION — The process of percolating stormwater into the subsoil. P. LAND DEVELOPMENT ACTIVITY — Any construction or demolition activity including clearing, grubbing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Q. LANDOWNER — The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. R. MAINTENANCE AGREEMENT — A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. S. NONPOINT SOURCE POLLUTION — Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. T. PERSON — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof. U. PHASING — Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. V. POLLUTANT OF CONCERN — Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. W. PROJECT — Land development activity. X. RECHARGE — The replenishment of underground water reserves. Y. SEDIMENT CONTROL — Measures that prevent eroded sediment from leaving the site. Z. SILVICULTURAL — Of or relating to the management and care of forests. AA. SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP -02-01 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. BB. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP -02-02 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to C municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards. CC. STABILIZATION — The use of practices that prevent exposed soil from eroding. DD. STOP WORK ORDER — An order issued by the duly authorized municipal authority which requires that all land development activity and other construction activity on a site be stopped. EE. STORMWATER — Rainwater, surface runoff, snowmelt and drainage. FF. STORMWATER HOTSPOT — A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. GG. STORMWATER MANAGEMENT — The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. HH. STORMWATER MANAGEMENT FACILITY — One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. II. STORMWATER MANAGEMENT OFFICER (SMO) — Town of Wappinger Director of Code Enforcement or his or her designee. JJ. STORMWATER MANAGEMENT PRACTICES (SMPs) — Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. KK. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A plan for controlling stormwater runoff and pollutants from a site during and after construction activities. LL. STORMWATER RUNOFF — Flow on the surface of the ground, resulting from precipitation. MM. SURFACE WATERS OF THE STATE OF NEW YORK — Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. NN. TOWN — The Town of Wappinger, New York. 7 00. WATERCOURSE — The term "watercourse" as defined in Section 137-5 of the Town Code now or as hereafter amended. § 213-6. Stormwater Pollution Prevention Plans. A. No application for approval of a land development activity shall be reviewed until the appropriate approving authority has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this chapter. B. All SWPPP's shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project, including location, type and size of project. 2. Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off- site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s). The site map shall be at a scale no smaller than 1 "=50'. 3. Description of the soil(s) present at the site. 4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. The Town may opt to reduce the amount of land that may be exposed at any one time. 5. Description of the pollution prevention measures that will be used to control construction materials, chemicals and debris from becoming a pollutant source in stormwater runoff. 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill -prevention and response. 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out. 8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice. 9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. E:3 C. 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place until the site is stabilized. 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice. 13. Name(s) of the receiving water(s) and NYSDEC classification(s), if applicable. 14. Delineation of SWPPP implementation responsibilities for each part of the site. 15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. 16. Any existing data that describes the stormwater runoff at the site. 17. An acknowledgement by the landowner granting to the Town and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. Land Development Activities that cause stormwater runoff of the type listed in this subsection shall provide, as applicable, Post -Construction Stormwater Runoff Controls: 1. Stormwater runoff from land development activities discharging a pollutant of concern to an impaired water identified on the Department's 303(d) list of impaired waters; 2. Stormwater runoff from land development activities discharging a pollutant of concern to Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment; 3. Stormwater runoff from land development activities disturbing five (5) or more acres; or 4. Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties. D. Post -Construction Stormwater Runoff Controls. SWPP's for Land Development Activities listed in Paragraph C shall provide following water quantity and/or water quality controls: 1. All information required by Paragraph B. 2. Description of each post -construction stormwater management practice; 3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post -construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; N 5. Comparison of post -development stormwater runoff conditions with pre - development conditions; 6. Dimensions, material specifications and installation details for each post - construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each post - construction stormwater management practice; 8. Maintenance easement(s), where required, to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; and 9. Inspection and maintenance agreement recorded and binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §213-8 of this chapter. E. The SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control, professional engineer, or other professional(s) deemed acceptable by the NYSDEC and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter. F. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. G. Each contractor and subcontractor identified in the SWPPP and/or any successor or substitute contractor or subcontractor who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." Copies of these statements shall be delivered to the duly authorized municipal authority. 1. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 2. The certification statement(s) shall become part of the SWPPP for the land development activity. Proof that each contractor who will be involved in a land development activity has obtained training and/or certification in proper erosion and sedimentation control practices shall become part of the SWPPP for the land development activity. H. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. 10 § 213-7. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria: A. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter.' Copies of the two manuals are on file in the office of the Stormwater Management Officer. 1. The Design Manual as defined in § 213-5.11. 2. The Erosion Control Manual as defined in § 213-5.J. B. Where stormwater management practices are not in accordance with technical standards, the owner, applicant or developer must demonstrate equivalence to the technical standards set forth in this section and the SWPPP shall be prepared by a certified professional in erosion and sediment control, professional engineer or other professional(s) deemed acceptable by the NYSDEC. C. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York. § 213-8. Maintenance, inspection and repair of stormwater facilities. A. The owner, applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent, and placed in an acceptable location and properly stabilized. B. The owner, applicant, developer or their representative shall be on site at all times when construction or grading activity takes place and shall maintain the effectiveness of all erosion and sediment control practices unless all construction, demolition or grading activity has ceased and the site has been stabilized to the satisfaction of the Stormwater Management Officer. C. Inspection shall be conducted and inspection reports shall be completed by a certified professional in erosion and sediment control, professional engineer or other professional(s) deemed acceptable by the NYSDEC every seven (7) days and within twenty-four (24) hours of the conclusion of any storm event producing 0.5 inches of precipitation or more. The reports shall be maintained in a site log book. D. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, other than one serving an individual single-family residence, the 1 Editorial note: The New York State technical guidance documents may be ordered from New York State DEC. An order form as well as downloadable versions of the Manuals are available on the Internet at: http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html http://www.dos.state.ny.us/lgss/stormwaterpub/index.html 11 applicant or developer must execute an easement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall be in a form acceptable to the couns6l to the Town and shall provide for access to the facility at reasonable times for periodic inspection by the Town, or its designee, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town. E. The owner or operator of permanent stormwater management facilities or practices installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes as a minimum, the following: 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 213-7.C. F. Prior to the issuance of any final plan approval, the applicant or developer must execute a formal maintenance agreement for stormwater management facilities, other than those serving an individual single-family residence, binding on all subsequent landowners. The maintenance agreement shall be in a form acceptable to Town Counsel and shall be recorded in the office of the County Clerk as a deed restriction on the property. The Town of Wappinger, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. § 213-9. Construction inspection, administration and maintenance. A. In addition to the inspections required by § 213-8.C, the Stormwater Management Officer may require such other inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify Town enforcement officials at least forty-eight (48) hours before any of the following as required by the Stormwater Management Officer: 1. Start of construction, 2. Installation of sediment and erosion control measures, 3. Completion of site clearing, 4. Completion of rough grading, 5. Completion of final grading, 12 6. Close of the construction season, 7. Completion of final landscaping, or 8. Successful establishment of landscaping in public areas. B. If any .violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. C. All applicants are required to submit "as built" plans for any stormwater management facilities and practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a New York State licensed land surveyor and a professional engineer. D. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. E. The Stormwater Management Officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this chapter. F. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. G. Entities subject to this chapter shall maintain records demonstrating compliance with this chapter. § 213-10. Performance guarantee. A. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the Stormwater Pollution Prevention Plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The 13 performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one (1) year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one (1) year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction based upon the advice of the Town Engineer. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. It shall be the primary responsibility of the landowner and the successor landowners to perform all necessary inspections, maintenance, reporting, adjustments, repair, replacement and reconstruction of the stormwater management facilities. If, at any time, the Stormwater Management Officer determines that necessary inspections, reports, maintenance, repairs, adjustments, replacement or reconstruction have not been properly performed, the Town may undertake to perform any such work or work that it finds, in its sole judgment, is necessary to preserve the stormwater management functions of stormwater management practices (SMPs), at the cost and expense of the landowner and the successor landowners. Copies of all bills, statements and invoices substantiating such costs, including costs of consultants, shall be included with written notice of same. Each lot shall individually and separately bear its equal share of such costs and in the event that its share is not paid within thirty (30) days of issuance of statements for this work, the amount of such share shall constitute a lien against such lot which shall be levied and collected in the same manner as Town real estate taxes or in such manner otherwise provided by law. The landowner and the successor lot landowner shall be personally liable for payments of their respective shares of all such costs, including costs of collection and reasonable attorney's fees. § 213-11. Enforcement. A. When the Town determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain: 1. The name and address of the landowner, developer or applicant; 2. The address when available or a description of the building, structure or land upon which the violation is occurring; 3. A statement specifying the nature of the violation; 14 4. A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action; 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and 6. a statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within fifteen (15) days of service of notice of violation. B. The Town may issue a stop work order for violations of this chapter. Persons receiving a stop work order shall be required to halt all land development activities and other construction activities on the site, except those activities, approved by the Town, that address the violations leading to the stop work order. The stop work order shall be in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter. 1. Issuance of a stop -work order by the Town Engineer shall be as provided in Section 85-14 of the Town Code. A stop -work order may be appealed by filing a written notice of appeal with the Town Board not later than thirty (30) days after service of the stop -work order upon the applicant. A hearing shall be scheduled by the Town Board within twenty (20) days of receipt of request for a hearing. After the close of the hearing, the Town Board may confirm, modify or cancel the stop -work order. 2. The approving authority shall set forth, in writing, in the permit application file it keeps its findings and reasons for revoking or suspending a permit pursuant to this section. C. Any land development activity that is commenced or is conducted contrary to this chapter, may be restrained by injunction from a court of competent jurisdiction or otherwise abated in any manner provided by this Chapter. D. In addition to any penalty provided herein or by law, any person in violation of this chapter may be required to restore land to its undisturbed condition and/or mitigate on- site and off-site damage from stormwater runoff, sediment or pollutants resulting from the violator's activities. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. E. If any building or land development activity is installed or conducted in violation of this chapter, no Certificate of Occupancy or Certificate of Compliance shall be issued for said building(s). § 213-12. Penalties. A. A violation of any provision of this chapter is considered an offense and a person is subject to a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (1) of the Code for a first offense; 15 B. A conviction of a second offense of the provisions of this chapter, both of which were committed within a period of five (5) years, is considered a violation subject to a fine and/or a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (2); C. A conviction for a third or subsequent offense all of which were committed within a period of five (5) years, is consider a violation with a penalty of a period of imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the three as set forth in Chapter 122, Article V, Section 122-20 JJ (3) of the Code. D. Each week's continued violation shall constitute a separate additional offense. ARTICLE II. ILLICIT DISCHARGES AND ILLICIT CONNECTIONS TO MUNICIPAL STORM SEWER SYSTEM § 213-13. Purpose and Objectives. A. The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Wappinger through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. B. The objectives of this article are: 1. To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP -02-02 or as amended or revised; 2. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; 3. Comply with the applicable Federal regulations for small Municipal Separate Storm Sewer Systems (MS4) promulgated by the United States Environmental Protection Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.) 4. To prohibit illicit discharges and illicit connections to the MS4; 5. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and 6. To promote public awareness of the adverse environmental impacts and hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. § 213-14. Defmitions. Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have meanings set forth below: A. 303(d) LIST — A list of all surface waters in the State for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the New York State DEC as required by Section 16 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of State surface water quality standards and are not expected to improve within the next two years. B. BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. C. CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. D. DESIGN PROFESSIONAL — A New York State licensed professional engineer or architect. E. CONSTRUCTION ACTIVITY — Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP -02-01, as amended or revised. These activities include construction projects resulting from land disturbances of one or more acres. Such activities include but are not limited to clearing, grubbing, grading, excavating and demolition. F. EPA — United States Environmental Protection Agency. G. HAZARDOUS MATERIALS — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. H. ILLICIT DISCHARGE — Any direct or indirect non-stormwater discharge to the MS4, except as exempted in § 213-17.13 of this chapter. I. ILLICIT CONNECTIONS — Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including but not limited to: 1. Any conveyances which allow any non-stormwater discharge including but not limited to treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. J. INDUSTRIAL ACTIVITY — Activities requiring the SPDES permit for discharges from industrial activities except construction, GP -98-03, as amended or revised. 17 K. MS4 — Municipal Separate Storm Sewer System. L. MUNICIPAL SEPARATE STORM SEWER SYSTEM — a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by the Town of Wappinger; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2 M. NON-STORMWATER DISCHARGE — Any discharge to the MS4 that is not composed entirely of stormwater. N. NYSDEC — The New York State Department of Environmental Conservation. O. PERSON — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof. P. POLLUTANT — Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the State in contravention of the standards. Q. PREMISES — Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking areas. R. SPECIAL CONDITIONS — 1. Discharge Compliance with Water Quality Standards — The condition that applies where the Town has been notified by the NYSDEC or the EPA that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. 2. 303(d) Listed Waters — The condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 3. Total Maximum Daily Load (TMDL) Strategy — The condition in the Town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Town was In required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. 4. The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by the EPA for any waterbody or watershed into which an MS4 discharges — Under this condition the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six (6) months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. S. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) Stormwater Discharge Permit — A permit issued by the NYSDEC that authorizes the discharge of pollutants to waters of the State. T. STORMWATER — Rainwater, surface runoff, snowmelt and drainage. U. STORMWATER MANAGEMENT OFFICER (SMOs) - The Town of Wappinger Director of Code Enforcement or his or her designees, and/or such other Town officers, employees or consultants as designated by the Town. The Dutchess County Department of Health presently is and shall continue to be the enforcement authority for the design, repair, replacement and operation of individual sewage treatment systems within the MS4. V. TOTAL MAXIMUM DAILY LOAD (TMDL) — The maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that pollutant. W. TOWN — The Town of Wappinger, New York. X. WASTEWATER — Water that is not stormwater, is contaminated with pollutants, and is or will be discarded. § 213-15. Applicability. This chapter shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. § 213-16. Administration and enforcement. The Stormwater Management Officer shall administer, implement and enforce the provisions of this law. Such powers granted or duties imposed upon the SMO may be delegated by the SMO as may be authorized by the Town. § 213-17. Illicit Discharges Prohibited A. Prohibition of illicit discharges. No person shall discharge or cause to be discharged or continue to discharge into the MS4 any materials other than stormwater, except those discharges exempted by paragraph B below. LTJ B. Exempt Discharges. The following discharges are exempt from discharge prohibitions established by this article, unless the NYSDEC or the Town Board by resolution has determined them to be substantial contributors of pollutants: 1. water line flushing or other potable water sources, 2. landscape irrigation or fawn watering, 3. existing diverted stream flows, 4. rising ground water, 5. uncontaminated ground water infiltration to storm drains, 6. uncontaminated pumped ground water, 7. foundation or footing drains, 8. crawl space or basement sump pumps, 9. air conditioning condensate, 10. irrigation water, 11. springs, 12. water from individual residential car washing, 13. natural riparian habitat or wetland flows, 14. dechlorinated swimming pool discharges, 15. residential street wash water, 16. water from fire fighting activities, 17. and any other water source not containing pollutants. C. Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article. D. Dye testing in compliance with applicable State and local laws is an allowable discharge, but requires notification to the SMO prior to the time of the test. E. The prohibition shall not apply to any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4. 20 § 213-18. Illicit Connections Prohibited A. The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. A person is considered to be in violation of this article if the person connects a line conveying sewage to the Town's MS4, or allows such a connection to continue. § 213-19. Stormwater Contamination Prohibited A. Activities that are subject to the requirements of this section include: 1. Activities that cause or contribute to a violation of the Town's MS4 SPDES permit, or 2. Activities that cause or contribute to the Town being subject to the Special Conditions as defined in § 213-14.R of this article. B. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES permit authorization. § 213-20. Use of Best Management Practices Required. A. Where the SMO has identified illicit discharges as defined in § 213-14.H or activities contaminating stormwater as defined in § 213-19, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities. 1. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs. 2. Any person responsible for a property or premise, which is, or may be, the source of an illegal discharge as defined in § 213-14.H or an activity contaminating stormwater as defined in § 213-19, may be required to implement, at said person's expense, additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. 3. Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. B. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that 21 such structures will not become a hazard to the use, function or physical integrity of the watercourse. § 213-21. Suspension of Access to MS4. A. Suspension Without Prior Notice. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with the suspension order issued pursuant to this paragraph, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. B. Suspension after Notice of Illicit Discharge. Any person discharging to the Town's MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. C. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the SMO. § 213-22. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Town prior to the allowing of discharges to the MS4. § 213-23. Access to Property; Inspection; Monitoring of Discharges. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article. B. Access to facilities. 1. The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. 22 2. Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article. C. If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. D. The Town shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. E. The Town has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. § 213-24. Notification of spills. A. Notwithstanding other requirements of this article, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. B. In the event of a release of hazardous materials into the MS4, any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. C. In the event of a release of non -hazardous materials into the MS4, any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, shall notify the Stormwater Management Officer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Stormwater Management Officer within three (3) business days of the telephone notice. D. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. E. The provisions of this section shall be in addition to any other notifications required by State and Federal law. 23 § 213-25. Notice of violation. A. Notice of violation. When the Town's SMO finds that a person has violated a provision of this article or failed to meet a requirement of this article, he or she may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The elimination of illicit connections or illicit discharges; 2. That violating discharges, practices, or operations shall cease and desist; 3. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 4. The performance of monitoring, analyses, and reporting; 5. The amount of the potential fine; and 6. The implementation of source control or treatment BMPs. B. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Town or a contractor and the expense thereof shall be charged to the violator and shall constitute a lien against the property. § 213-26. Corrective measures. A. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. B. If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. C. Within 10 days after abatement of the violation by, or under authorization of the SMO, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the Town Board objecting to the amount of the assessment within 10 days of receipt of said notice. If the amount due is not paid within 30 days after the disposition of any protests or the expiration of the time to file an appeal, whichever is earlier, the charges shall become a lien on the property for the amount of the assessment to be collected in the same manner as real estate taxes. § 213-27. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this 24 article, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. § 213-28. Penalties for offenses. A. A violation of any provision of this chapter is considered an offense and a person is subject to a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (4) of the Code for a first offense; B. A conviction of a second offense of the provisions of this chapter, both of which were committed within a period of five (5) years, is considered a violation subject to a fine and/or a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (5); C. A conviction for a third or subsequent offense all of which were committed within a period of five (6) years, is consider a violation with a penalty of a period of imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the three as set forth in Chapter 122, Article V, Section 122-20 JJ (6) of the Code. D. Each week's continued violation shall constitute a separate additional offense. § 213-29. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. § 213-30. Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. § 213-31. Severability. If any provision of this article shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof. Section -III: Amending "Chapter 122, FEES AND FINES." "§ 122-20 is hereby amended by the addition of § 122-20 JJ to read as follows:" HH. Chapter 213 Municipal Stormwater Management. 1. § 213-12 A., civil penalty: (a) Minimum: (b) Maximum $ 500.00 $ 1,000.00 25 T 2. § 213-12 B., fine: (a) Minimum: $ 250.00 (b) Maximum: $ 500.00 § 213-12 B., civil penalty: (c) Minimum: $ 750.00 (d) Maximum: $ 1,500.00 3. § 213-12 C., fine: (a) Minimum: $ 500.00 (b) Maximum: $ 2,000.00 § 213-12 C., civil penalty: (c) Minimum: $ 1,500.00 (d) Maximum: $ 5,000.00 4. § 213-28 A., civil penalty: (a) Minimum: $ 100.00 (b) Maximum: $ 300.00 5. § 213-28 B., fine: (a) Minimum: $ 250.00 (b) Maximum: $ 750.00 § 213-28 B., civil penalty: (c) Minimum: $ 750.00 (d) Maximum: $ 1,500.00 6. § 213-28 C., fine: (a) Minimum: $ 500.00 (b) Maximum: $ 2,000.00 § 213-28 C., civil penalty: (c) Minimum: $ 1,500.00 (d) Maximum: $ 5,000.00 26 Section -IV: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be w changed to "Chapter", "Section" or other appropriate word as required for codification; and any L J, such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 27 Regular Meeting Minutes June 11, 2007 RESOLUTION: 2007-107 Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing WHEREAS, it is of vital importance to the public traveling within the Town of Wappinger that disabled vehicles be removed from the highways as promptly as possible, that delay in removal of disabled vehicles unnecessarily retards the movement of traffic, impedes the access of emergency vehicles within the Town, and has the potential to create accidents; and WHEREAS, it has been a practice of some tow truck operators to monitor police radio transmissions to learn of accidents and then rush to accident sites with the intent of securing the towing and repair work and in so doing, speed limits and other traffic regulations are often violated, resulting in an unnecessary threat to life and property within the Town; and WHEREAS, the arrival of multiple tow trucks at the scene of an accident disrupts traffic, hampers the efforts of rescue personnel at the scene, delays removal of disabled vehicles and impedes accident investigation by the police; and WHEREAS, the Town Board has determined that the most effective way to curb the current deleterious practices of tow truck operators is to allow only such tow truck operators as are actually necessary to respond to the scene of an accident or to the scene of a disabled vehicle and to permit only those tow truck operators who are called from a rotational list of authorized tow operators established by the police agency responding to the scene of the accident or the scene of the disabled vehicle; and WHEREAS, dispatchers for police agencies will utilize a rotational list of authorized tow truck operators who will be authorized to respond to vehicular accidents or disabled vehicles within the Town of Wappinger when an owner or operator of a motor vehicle has not made other arrangements for the removal of the disabled vehicle; and WHEREAS, it is hereby determined that it is in the public interest, general safety and well being of the Town residents and the traveling public to prohibit tow truck operators from soliciting business at an accident scene and to prohibit unauthorized tow trucks from approaching within five hundred feet of the accident; and WHEREAS, the Town Board has determined that it is further necessary to amend Section 122-20 B. of the Town of Wappinger Code to reflect an updated fine schedule associated with the adoption of Chapter 227; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local Law to address the above referenced issues of concern; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for purposes of SEQRA review. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby introduces for adoption Local Law No.of the Year 2007 in the form annexed hereto. 3_ The Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law which establishes locally designated Type I actions). 4. The Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for purposes of SEQRA review and the Town Board reserves the right to make its determination of significance pursuant to SEQRA until after the Public Hearing. 5. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of July, 2007 at 7:30 P.M. and that the Town Clerk be directed to post and publish the Notice of Public Hearing in the form annexed hereto. Town of Wappinger Page 10 Printed 6118/2007 Regular Meeting Minutes June 11, 2007 The foregoing was put to a vote which resulted as follows: WtjtA�Oh kminflon R04007407' B-7310.102 8.44 Kari Cirigliano 1st yr dir 9.00 X 9.00 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-108 Resolution Approving Summer Playground Programs Employees and Salaries WHEREAS, Ralph Holt, Chairman of the Recreation Commission has recommended the hiring of various individuals to conduct the summer playground programs, and WHEREAS, the following individuals have been recommended for employment with the following salaries: PROJECTED PAYROLL FOR 2007 CAMPS AS OF 6/5/2007 Basic salary Salary w/ If Director Status this year for 2007 FA/CPR/RTE have RTE if applicable SUMMER DIRECTOR B-7310.101 Jackie Smith 2nd yr Summ. Dir. 15.45 15.45 FLOATING DIRECTOR B-7310.105 Jill Smith 1st yr. Floating Dir. 15.00 X 15.00 CASTLE POINT Note: All Directors must have FA/CPR Directors B-7310.102 8.44 Kari Cirigliano 1st yr dir 9.00 X 9.00 Jessica Vallaro 2nd yr dir 9.50 X 9.78 Counselors B-7310.103 X 8.44 Ashley Caputo 3rd yr C 7.65 X 8.20 Mike Vallaro 3rd yr C 7.60 8.20 Justin Gray 2nd yr C 7.36 7.96 Andrew Lo* 1st yr C 7.15 7.73 MARTZ FIELD Directors Jason Jutt, Dir Eric Kedzielawa Dir. Counselors Michael Chappas Daniel Cappola Erin DeSalvo Lauren Nappi Marie Rose Mark Theiss Brittany Sullivan Chris Turchioe Brian Hansen QUIET ACRES Directors Kelly Jutt Darrell Flynn Counselors Jill Tolman Ali Herzog* Jonathan Terrelonge Matt Glienke Ron Bracchi SPOOK HILL Directors Andrew Nikola, Dir. David Kedzielawa B-7310.102 8th yr dir 11.10 X 11.10 7th yr dir 10.76 X 10.76 B-7310.103 $9.50 $10.28 $11.60 $11.26 4th yr. C 7.81 8.44 3rd yr. C. 7.59 X 8.20 5th yr C. 8.05 8.69 4th yr. C 7.81 X 8.44 4th yr C 7.81 X 8.44 4th yr C 7.81 8.44 2nd yr. C 7.36 7.96 2nd yr C 7.36 X 7.96 1st yr C 7.15 X 7.73 B-7310.102 2nd yr dir 9.27 9.27 $9.77 3rd yr dir 9.55 X 9.55 $10.05 B-7310.103 3rd yr C 7.59 X 8.20 1st yr C 7.15 7.73 2nd yr C 7.36 X 7.96 2nd yr C 7.36 X 7.96 2nd yr C 7.36 7.96 B-7310.102 4th yr Dir 10.35 X 10.35 $10.85 2nd yr Dir. 9.27 X 9.27 $9.77 Town of Wappinger Page 11 Printed 611812007 Regular Meeting Minutes SWIM DIRECTOR B-7310.104 Jay Curtis, Jr. 2nd yr. swim dir 15.00 15.45 AQUAT. DIRECTOR B-7310.104 Jared Trumpetto 3rd yr. WSI 15.40 15.40 SWIM INSTRUCTORS B-7310.104 Julie Lavasseur 1 st yr. LG 9.00 9.00 Josh Morgan 1 st yr. LG 9.00 9.00 Jared Silverman 1 st yr. LG 9.00 9.00 SWIM PLGD/AIDES B-7310.104 Richard Rose* (Spook Hill continued on next page) 1st yr C 7.15 7.73 Lauren Weingart* for 2007 Counselors B-7310.103 7.15 X 7.73 Brittany Anderson* if applicable 1st yr C Laura Kar 3rd yr. C 7.59 X 8.20 7.15 Kevin Lockwood 3rd yr. C 7.59 7.60 8.20 Jill Smith Maurice Roche 3rd yr. C 7.59 30.00 8.20 TENNIS ASST. Stacy Connelly* 1st yr C 7.15 7.73 Thomas Sprague 5th yr C 8.05 X 8.69 Kaitlyn Dietz 3rd yr. C 7.59 8.20 25.00 Travis Polidore 2nd yr C 7.36 7.96 25.00 Brent Dolan 2nd yr C 7.36 25.00 7.96 John J. Kudzia Nicole Mastromarino 2nd yr C 7.36 X 7.96 A-7140.107 Kim Warner Substitute Counselor B-7310.103 3rd yr C 7.59 X 8.20 1 st yr. Aurora Milam 2nd yr C 7.36 7.96 12.50 Christopher Habish* 1st yr C 7.15 7.73 James D'Antono 1st yr C 7.15 X 7.73 Arts & Crafts B-7310.106 Louise Rose 4th yr a&c 14.30 14.30 SWIM DIRECTOR B-7310.104 Jay Curtis, Jr. 2nd yr. swim dir 15.00 15.45 AQUAT. DIRECTOR B-7310.104 Jared Trumpetto 3rd yr. WSI 15.40 15.40 SWIM INSTRUCTORS B-7310.104 Julie Lavasseur 1 st yr. LG 9.00 9.00 Josh Morgan 1 st yr. LG 9.00 9.00 Jared Silverman 1 st yr. LG 9.00 9.00 SWIM PLGD/AIDES B-7310.104 Richard Rose* B-7310.102 1st yr C 7.15 7.73 Lauren Weingart* for 2007 1st yr C 7.15 X 7.73 Brittany Anderson* if applicable 1st yr C 7.15 X 7.73 John Turchioe* Jackie Smith 1st yr C 7.15 7.73 TENNIS A-7140.101 7.60 8.20 Jill Smith Barry Casowitz 15.00 X 15.00 30.00 30.00 TENNIS ASST. A-7140.102 Veronica Sceri 2nd yr asst. 8.25 8.25 FISHING A-7140.115 Dennis Skora 25.00 25.00 Kenneth Lynn 25.00 25.00 Todd R. Stapleton 25.00 25.00 John J. Kudzia 25.00 25.00 BASKETBALL A-7140.107 Not known as yet 1 st yr. 25.00 25.00 Not known as yet 1 st yr. 12.50 12.50 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 has approved the following employees and salaries: PROJECTED PAYROLL FOR 2007 CAMPS AS OF 6/5/2007 CASTLE POINT Note: All Directors must have FA/CPR Directors B-7310.102 Basic salary Salary w/ If Director Kari Cirigliano Status this year for 2007 FA/CPR/RTE have RTE Jessica Vallaro 2nd yr dir 9.50 if applicable SUMMER DIRECTOR B-7310.101 Jackie Smith 2nd yr Summ. Dir. 15.45 15.45 FLOATING DIRECTOR B-7310.105 7.60 8.20 Jill Smith 1st yr. Floating Dir. 15.00 X 15.00 CASTLE POINT Note: All Directors must have FA/CPR Directors B-7310.102 Kari Cirigliano 1st yr dir 9.00 X 9.00 $9.50 Jessica Vallaro 2nd yr dir 9.50 X 9.78 $10.28 Counselors B-7310.103 Ashley Caputo 3rd yr C 7.65 X 8.20 Mike Vallaro 3rd yr C 7.60 8.20 Town of Wappinger Page 12 Printed 6/1812007 Regular Meeting Minutes June 11, 2007 Justin Gray 2nd yr C 7.36 7.96 Andrew Lo" 1st yr C 7.15 7.73 MARTZ FIELD Directors B-7310.102 Jason Jutt, Dir 8th yr dir 11.10 X 11.10 $11.60 Eric Kedzielawa Dir. 7th yr dir 10.76 X 10.76 $11.26 Counselors B-7310.103 Michael Chappas 4th yr. C 7.81 8.44 Daniel Cappola 3rd yr. C. 7.59 X 8.20 Erin DeSalvo 5th yr C. 8.05 8.69 Lauren Nappi 4th yr. C 7.81 X 8.44 Marie Rose 4th yr C 7.81 X 8.44 ji Mark Theiss 4th yr C 7.81 8.44 Brittany Sullivan 2nd yr. C 7.36 7.96 Chris Turchioe 2nd yr C 7.36 X 7.96 Brian Hansen 1st yr C 7.15 X 7.73 QUIET ACRES Directors B-7310.102 Kelly Jutt 2nd yr dir 9.27 9.27 $9.77 Darrell Flynn 3rd yr dir 9.55 X 9.55 $10.05 Counselors B-7310.103 Jill Tolman 3rd yr C 7.59 X 8.20 Ali Herzog" 1st yr C 7.15 7.73 Jonathan Terrelonge 2nd yr C 7.36 X 7.96 Matt Glienke 2nd yr C 7.36 X 7.96 Ron Bracchi 2nd yr C 7.36 7.96 SPOOK HILL Directors B-7310.102 Andrew Nikola, Dir. 4th yr Dir 10.35 X 10.35 $10.85 David Kedzielawa 2nd yr Dir. 9.27 X 9.27 $9.77 (Spook Hill continued on next page) Counselors B-7310.103 Laura Kar 3rd yr. C 7.59 X 8.20 Kevin Lockwood 3rd yr. C 7.59 8.20 Maurice Roche 3rd yr. C 7.59 8.20 Stacy Connelly* 1st yr C 7.15 7.73 Thomas Sprague 5th yr C 8.05 X 8.69 Kaitlyn Dietz 3rd yr. C 7.59 8.20 Travis Polidore 2nd yr C 7.36 7.96 Brent Dolan 2nd yr C 7.36 7.96 Nicole Mastromarino 2nd yr C 7.36 X 7.96 Kim Warner 3rd yr C 7.59 X 8.20 Substitute Counselor B-7310.103 Aurora Milam 2nd yr C 7.36 7.96 Christopher Habish* 1st yr C 7.15 7.73 James D'Antono 1st yr C 7.15 X 7.73 Arts & Crafts B-7310.106 Louise Rose 4th yr a&c 14.30 14.30 SWIM DIRECTOR B-7310.104 Jay Curtis, Jr. 2nd yr. swim dir 15.00 15.45 AQUAT. DIRECTOR B-7310.104 Jared Trumpetto 3rd yr. WSI 15.40 15.40 SWIM INSTRUCTORS B-7310.104 Julie Lavasseur 1st yr. LG 9.00 9.00 Josh Morgan 1 st yr. LG 9.00 9.00 Jared Silverman 1 st yr. LG 9.00 9.00 SWIM PLGD/AIDES B-7310.104 Richard Rose* 1 st yr C 7.15 7.73 Lauren Weingart* 1st yr C 7.15 X 7.73 Brittany Anderson* 1st yr C 7.15 X 7.73 John Turchioe* 1st yr C 7.15 7.73 TENNIS A-7140.101 Barry Casowitz 30.00 30.00 TENNIS ASST. A-7140.102 Veronica Sceri 2nd yr asst. 8.25 8.25 FISHING A-7140.115 Town of Wappinger Page 13 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 Dennis Skora Kenneth Lynn Todd R. Stapleton John J. Kudzia 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 BASKETBALL A-7140.107 Not known as yet 1 st yr. 25.00 25.00 Not known as yet 1 st yr. 12.50 12.50 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2801 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina — Voter 0 ❑ — --- ❑ ❑ ❑ Withdrawn Md aureen McCarth Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ Dated: Wappingers Falls, New York June 11 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-109 Resolution Authorizing the Salary Increase for Bob Sheridan and Budget Amendment WHEREAS, Bob Sheridan's salary as of his 2006 anniversary was Thirty -Two Thousand, Three Hundred Fifty -Nine Dollars and 00/11 ($32,359.00), and WHEREAS, Resolution 2007-8 established the salary for Bob Sheridan on his May 24th, 2007 anniversary to be Thirty -Two Thousand, Eight Hundred Forty -Five and 00/11 ($32,845.00), and WHEREAS, this reflects a 1 1/2 % increase in his salary, and WHEREAS, this was an error and Bob Sheridan's salary on his May 24th, 2007 anniversary should reflect a 3 % increase in his salary, and WHEREAS, Bob Sheridan's salary reflecting the 3% increase is Thirty -Three Thousand Three Hundred Thirty Dollars and 00/100 ($33,330.00), and WHEREAS, this is a Four Hundred Sixty -Nine Dollars and 00/100 ($469.00) increase, and WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has recommended a budget transfer hereby amending the Town budget as set forth in a letter from Jean Gallucci, and WHEREAS, the budget amendment is as follows: Increase A7110.101 Parks -Maintenance #1 $469.00 Decrease: A7140.117 Kayaking $469.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The 1 %2 % increase passed in Resolution 2007-8 for Bob Sheridan was done in error. 3. The 2007 salary for Bob Sheridan on his May 24th anniversary should have reflected a 3% increase. 4. The Town Board hereby establishes Bob Sheridan's salary to be Thirty -Three Thousand Three Hundred Thirty Dollars and 00/100 ($33,330.00) as of his May 24th, 2007 anniversary. 5. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2007: Increase A7110.101 Parks -Maintenance #1 $469.00 Decrease: A7140.117 Kayaking $469.00 Town of Wappinger Page 14 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 The foregoing was put to a vote which resulted as follows: ve Yoto ltacord'- Resolution:PIS-2007-109 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter _ ❑ ❑ 13 0 ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator D ❑ ❑ 13 ❑ Withdrawn Joseph Paoloni Voter 21 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-110 Resolution Authorizing the Salary Increase for Cheryl Hait and Budget Amendment WHEREAS, Cheryl Hait's 2006 salary was Forty Seven Thousand, Three Hundred Dollars and 00/11 ($47,300.00), and WHEREAS, Resolution 2007-8 established Cheryl Hait's salary as of her January 1St, 2007 anniversary date to be Forty Eight Thousand, Seven Hundred Nineteen Dollars and 00/100 ($48,719.00), and WHEREAS, Cheryl Hait is in her 20th year working for the Town of Wappinger, and WHEREAS, Resolution 2007-8 does not reflect Cheryl Hait's salary after a longevity increase of 2 1/2 % for every ten years of service, and WHEREAS, Cheryl Hait's salary after the longevity increase is Fifty One Thousand, One Hundred Eighty -Four Dollars and 00/100 ($51,184.00), and WHEREAS, this is a Two Thousand, Four Hundred Sixty -Five Dollars and 00/100 ($2,465.00) increase, and WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has recommended a budget transfer hereby amending the Town budget as set forth in a letter from Jean Gallucci, and WHEREAS, the budget amendment is as follows: Increase A1110.102 Chief Court Clerk $2,465.00 Decrease: Al 110.200 Justice -Computers $1,500.00 A1990.400 Contingency Account $965.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. There was an error in Resolution 2007-8 when it did not include the longevity increase of 2 !/2% for every ten years of service for Cheryl Hait. 3. Cheryl Hait is in her 201h year of service for the Town of Wappinger and her salary is to be adjusted to Fifty One Thousand, One Hundred Eighty -Four Dollars and 00/100 ($51,184.00) to reflect the longevity increase of 2 %2 % for every ten years of service. 4. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2007: Increase Al 110.102 Chief Court Clerk $2,465.00 Decrease: Al 110.200 Justice -Computers $1,500.00 A1990.400 Contingency Account $965.00 Town of Wappinger Page 15 Printed 6/18/2007 F� Regular Meeting Minutes June 11, 2007 The foregoing was put to a vote which resulted as follows: ,/Vote Record -Resolution RES4047.110 ® Ado ted p Yes/Aye Yes/Aye No/Nay i Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ ❑ ❑ 0 11 feate d William Beale Voter ® ❑ ❑ ❑ ❑ T bled Vincent Bettina Seconder R ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator IZ ❑ , ❑ ❑ Joseph Paoloni Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-111 Resolution Authorizing Change Orders In Connection with Purchase and Acquisition of Meadowood Wells WHEREAS, pursuant to Public Interest Resolution dated November 10th, 2003, in connection with a change in plan for the construction of improvements for Wappinger Water Improvement Area 1999-2(R), which authorized the acquisition of the Meadowood Wells for the sum of $450,000.00, inclusive of a filtration system therefor; and WHEREAS, in consequence of the Public Interest Order, the Town entered into a written contract for the acquisition of the Meadowood Wells, inclusive of a filtration system, all as set forth in said agreement; and WHEREAS, due to site and system constraints, certain Change Orders were necessitated and recommended by the Engineer to the Town, Paggi, Martin & DelBene, LLP, all as set forth in a certain letter dated May 10th, 2007, from Joseph E. Paggi, Jr., P.E. to Supervisor Joseph Ruggiero, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the Change Orders itemized and identified in the letter dated May 10th, 2007, from Joseph E. Paggi, Jr., P.E. to Supervisor Joseph Ruggiero, resulting in an increase in the total price to be paid by the Town by the sum of $76,436.55 bringing the total cost of acquisition for the Meadowood Wells, including filtration system and appurtenances, to the sum of $526,436.55. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2007-111 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ❑ ❑ i ❑ ❑ Adopted as Amended William Beale Voter ® ( ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ®❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator ® ❑ 1 ❑ ❑ Joseph Paoloni Voter ® ❑ 1 ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-112 Authorize Budget Amendment and Recreation to Go Out to Bid WHEREAS, The Recreation Department has a need to replace one large trailer and one small flexible mower, and WHEREAS, Ralph Holt, Recreation Director, has requested to go out to bid for the purchase of this equipment, and WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has recommended a budget transfer hereby amending the Town budget as set forth in a letter from Jean Gallucci, and WHEREAS, the budget amendments are as follows: Increase A7110.200 Parks -Equipment $10,500.00 Town of Wappinger Page 16 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 Decrease: A7110.201 Parks -Equipment Tools $2,000.00 A7110.400 Parks -Fleetwood $1,000.00 A7110.401 Parks -Robinson Lane $1,100.00 A7110.406 Rymer Subdivision $1,000.00 A7110.408 Parks -Montfort Road $3,000.00 A7110.410 Repairs -Plumbing $1,000.00 A7110.434 Maintenance -Tick Spray $1,400.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 0 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Voter 2. Recreation Director Ralph Holt has been authorized to go out to bid for one large trailer and one small flexible mower for the Recreation Department. 3. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2007: Increase William Beale A7110.200 Parks -Equipment $10,500.00 Decrease: ❑ A7110.201 Parks -Equipment Tools $2,000.00 A7110.400 Parks -Fleetwood $1,000.00 A7110.401 Parks -Robinson Lane $1,100.00 A7110.406 Rymer Subdivision $1,000.00 A7110.408 Parks -Montfort Road $3,000.00 A7110.410 Repairs -Plumbing $1,000.00 A7110.434 Maintenance -Tick Spray $1,400.00 The foregoing was put to a vote which resulted as follows: ✓ Yote-Reeord•- Resolution RES -20074 13 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Seconder El ❑ ❑ 11❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy a _ .. _ .... Initiator __ El ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 11 t , 2007 The Resolution is hereby duly declared adopted. VIII. New Business 1. Councilman Beale New Business Councilman Beale asked about the meeting that was supposed to be set up with the Town's website administrator. He pointed out that the previous 1 st Ward Councilman's name is still on the website. Gina Basile, the confidential secretary to the Supervisor, stated that the Town has a new website administrator, Duality Inc. Duality will be making those corrections. Councilman Beale and Councilman Bettina had previously inquired about the reimbursements for the Association of Towns Conference. Ms. Basile commented that the Town Comptroller, Jean Gallucci, is working on a letter to go out to anyone that put in a claim for reimbursement. Councilman Beale then asked for an update on the Handi Rent -All situation. George Kolb, Director of Code Enforcement, stated that he has been on site and inspected. Councilman Beale asked if everything was complete to Mr. Kolb's satisfaction. Mr. Kolb replied that it was. 2. Councilman Bettina New Business Councilman Bettina thanked George Kolb, Director of Code Enforcement, for his recent work dealing with AW Scrap Processors and the Vilardi property. He then stated that he wants to make sure that the screening for the towers is done correctly. David Stolman, Town Planner, asked if the Board would like an update on that issue. Councilman Bettina replied that he would. Mr. Stolman explained that Scott Olsen, the attorney for Verizon, has been in contact with the Town. Mr. Olsen submitted a plan just recently. Mr. Stolman will be sitting down with the Planning Board Chairman, Phil DiNonno, to go over that plan. Councilman Bettina would like Town of Wappinger Page 17 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 to sit in on that meeting and wants to make sure there are bonds in place for that work. Jay Paggi, Town Engineer, added that the problem is that the screening is supposed to go down in a section of the track that has not been excavated down to the finished elevation. Councilman Bettina then introduced a resident by the name of Mr. Thomas. Mr. Thomas explained his situation to the Board. Mr. Thomas has owned a property for 30 years. He attempted to subdivide his property and was denied. He does not see why he is being denied as he has 80 foot of paved, Town approved roadway. Mr. Thomas stated that he asked the Town Attorney to look into this issue on the 6th of March and still has no answer. Mr. Roberts explained to the resident that the Town Attorney responds to the Town Board, not to individual residents. Mr. Roberts was recently asked to look at this issue and submitted a response to the Town Board on May 17th. Councilman Paoloni asked Mr. Roberts to confirm that there is a standard procedure for this resident to follow. Mr. Roberts replied that there is. Councilman Paoloni explained that the resident needs to go through the Zoning Board of Appeals to apply for a variance. Mr. Thomas interrupted and asked why he should have to apply for a variance since he has 80 feet of road frontage. Mr. Roberts explained that the resident does not have 80 feet of road frontage. Discussion followed regarding the approval of a nearby resident's building permit. Mr. Roberts explained that the resident needs to either apply to the Zoning Board of Appeals for a variance or to the Town Board for a 280-(a). In either case, Mr. Thomas would need to hire an engineer and there is a process that he would have to follow. He needs to comply with New York State Town Law and the Town of Wappinger Subdivision Regulations. Mr. Thomas then asked if the Zoning Board would take care of the drainage problem at his property. Mr. Thomas explained that drainage from Riverview Drive and Flintrock Road comes out in a big sewer drain on his property. Mr. Roberts again recommended the resident hire an engineer. Mr. Thomas did not want to pay $25,000-$30,000 when there is the chance that it could be denied. He claims that he has talked with three different engineers and none of them would help him. Councilman Bettina asked if Graham Foster, Town Highway Superintendent, could be asked to check out the drainage problem. Jay Paggi, Town Engineer, replied that he has been out there. The pipe and drainage system has been there for many years. It is shown on the original filed map. The drainage is shown to be directed to the Thomas property. Discussion followed. In summary, Mr. Roberts again stated that the resident needs to do the basic engineering to put the application package together. He will have to go through the Planning Board and Zoning Board. Mr. Paggi added that the resident also still has the option to apply to the Town Board for the creation of an Open Development Area (280-(a) ODA). Councilman Bettina asked how large the lot was and if the resident would want to further subdivide. Mr. Thomas answered that the property is 21.65 acres and he has no intentions to further subdivide. There were no other comments. 3. Councilwoman Paoloni New Business Councilman Paoloni stated that he has seen the crosswalks that were recently installed. They seem to be working well and the neighbors seem to be pleased. He then asked why the crosswalk only extends half way across the street. Jay Paggi, Town Engineer, will contact Graham Foster, Town Highway Superintendent, to see why the job was not completed. 4. Councilman Beale New Business Councilman Beale stated that the interviews for the various Boards were complete. He asked when the Town Board would be meeting to decide who is being appointed. Councilwoman McCarthy will be sitting down with the Town Supervisor to discuss the interviews that she missed. There will be a Special Town Board Meeting on Monday, June 18th, to make the appointments. 5. Councilman Bettina New Business Councilman Bettina asked that the record reflect that he would not be able to attend any Town Board Meetings, other than Monday Meetings, for the duration of the summer. Town of Wappinger Page 18 Printed 6/18/2007 Regular Meeting Minutes June 11, 2007 IX. Adjournment 1. Motion To: adjourn at 8:41 PM RESULT. MOVER SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Vincent Bettina, Councilman Maureen McCarthy, Councilwoman William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni Joseph Ruggiero The Meeting Adjourned at 8:41 PM. J& C. Ma terson Town Clerk Town of Wappinger Page 19 Printed 6/18/2007