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