2007-179COPY
2007-179
Resolution Introducing Local Law No. of the Year 2007 Non -Substantive Technical
Amendments to the Town of Wappinger Code Regarding Coordinated Assessment,
Blasting, Sidewalk Maintenance and Site Plan Recreation Fees
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 August
27th, 2007.
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
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni (arrived at 7:38 PM)
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the Town Board previously adopted Local Laws 8 and 9 of 2006 creating
Chapter 150 of the Town Code which authorized the creation of a Coordinated Assessment
Program; and
WHEREAS, the Town Board has determined that Coordinated Assessment provisions
deal with administrative functions of the Town of Wappinger and therefore should be codified in
Part I of the Town Code, therefore it is appropriate to renumber the Chapter dealing with
assessments from Chapter 150 to Chapter 4; and
WHEREAS, the Town Board previously adopted Local Laws 11 of 2006 creating a new
Chapter 80 of the Town Code dealing with Blasting; and
WHEREAS, it was determined that there were two inaccurate references in the Local
Law at the time of adoption and are required to be corrected; and
WHEREAS, Local Law 1 of 2007 which created a new Article VII in Chapter 214
dealing with the removal of ice and snow from sidewalks mistakenly referred to the fine imposed
as a fee at the time of its adoption, and such reference should be corrected; and
WHEREAS, Local Law No. 6 of 2006 Amending the Code of the Town of Wappinger
Regarding Recreation Fees and Escrow Accounts mistakenly referred to subdivision plat in one
of its sections, instead of site plan, which would be the correct reference, and such reference
should be corrected; 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, and Part 617 of the
NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's
Environmental Quality Review Law which establishes locally designated 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 hereby determines that the enactment of the aforesaid Local
Law is an Unlisted Action pursuant to the provisions of New York State Environmental Quality
Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No.6 of 1992 (WEQR). The Town
Board defers its decision to make a determination of significance pursuant to SEQRA until after
the conclusion of the Public Hearing.
4. 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 24th day of September, 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.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, 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
8/27/2007
The Resolution is hereby duly declared adopted.
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J C. MASTERSON, TOWN CLERK