LL# 04-2008Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
(Use this 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.
❑ County
❑ City of WAPPINGER
O Town
❑ Village
Local Law No.
4
of the year 20 08
A local law Amending Chapter 103 of the Wappinger Code to Increase Exemption Limits on
Construction Contracts
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of Wappinger
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05105) Page 1 of 3
LOCAL LAW NO.4 OF THE YEAR 2008
A Local Law entitled "Local Law No. 4 of the Year 2008, Amending Chapter 103 of the
Wappinger Code to Increase Exemption Limits on Construction Contracts."
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. 4 of
the Year 2008, Amending Chapter 103 of the Wappinger Code to Increase Exemption Limits on
Construction Contracts."
Section H: Legislative Intent:
The Town Board has determined that the exemption set forth in Chapter 103 of the Town
Code requiring apprenticeship programs for Construction Contracts with the Town of Wappinger
should be increased because individual and small contractors that bid on public work contracts
with the Town for less than $500,000.00 do not usually have approved apprentice programs, thus
putting them at a disadvantage. In certain instances contracts have had to be re -advertised
because no bidders have apprenticeship programs.
Section III: Amendments to Chapter 103:
Section 103-2 is hereby amended to read as follows:
§ 103-2. Legislative intent and purpose.
The legislative intent and purpose of this article is to adopt a policy to
promote apprenticeship training as authorized by § 816-b of the New York
State Labor Law by requiring that all contractors and/or subcontractors to
a construction contract in which the Town of Wappinger is a direct or
indirect party shall be required to have apprenticeship training programs
that have been registered with and approved by the New York State
Commissioner of Labor prior to entering into such construction contract
with the Town of Wappinger. Contracts awarded for less than $500,000
shall exempt a contractor or a subcontractor from the provisions of this
article.
Section 103-3 B. is hereby amended to read as follows:
B. Construction contracts as defined herein awarded for less than $500,000
shall be exempt from the provisions of this article.
The Definition of CONSTRUCTION CONTRACT found at Section 103-4 is hereby
amended to read as follows:
CONSTRUCTION CONTRACT — Any contract awarded by the Town
of Wappinger for $500,000 or more, to which the Town of Wappinger
may be a direct or indirect party, which involves the construction,
reconstruction, improvement, rehabilitation, maintenance, repair,
furnishing, equipping of or otherwise providing for any building, facility
or physical structure of any kind.
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.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 08 of
the (tZMK=)(I (Town)() of Wappinger was duly passed by the
Wappinqer on September 8, 20 08 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 —and was (approved)(not approved)
on 20 -
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 —in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
on
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
was duly passed by the
20 and was (approved)(not approved)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 — in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
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 20 of
the City of having been submitted to referendum pursuant to 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 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , 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 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 appropriate certification.)
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. Q �. ril
Cler of the coun legislative body, City, Town or Village Clerk or
offs designated by local legislative body
(Seal) Date: X11 til Q�
(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.
Signature
Albert P. Roberts - Town Attorney
Title
"Ely
1f DUTCHESS
Town
Date: September 16th, 2008
DOS -239 (Rev. 05/05) Page 3 of 3