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of the Town Board that the existing provisions of Chapter 80 of the Town of Wappinger Code entitled `Blasting" are outdated as practices in the blasting industry have changed greatly since 1968 when Chapter 80 was first adopted and the requirements of the federal government and New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