1998-02-09 RGM020998.WS
The Workshop Meeting of the Town of Wappinger was held on February 9,
1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Smith called the meeting to order at 6:00 P.M.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The first item was a Special Executive Session in order to discuss the
appointment of a Chairman for the Planning Board.
The meeting reconvened at 6:20 P.M. with all Board Members present.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption.
RESOLVED, that Philip DiNonno be and he hereby is appointed to fill
the vacancy of Chairman on the Planning Board of the Town of Wappinger
which has occurred by reason of the resignation William Parsons, and it is
further
RESOLVED, that the said Philip DiNonno, be and he hereby is
appointed to fill such vacancy for the remainder of the term which shall
expire on January, 1999.
Seconded by Mr. Paoloni
Roll Call Vote
Supervisor Smith
Councilman Valdati
Councilman Bettina
Councilman Ruggiero
Councilman Paoloni
Vote
Aye
Aye
Aye
Aye
Aye
Motion Unanimously Carried
Prior to the vote, MR. BETTINA wished to stress, that the individuals who
serve on the Board, are appointed by the Town Board, and serve at the
pleasure of the people who are elected. Anyone who is a resident of the town
can serve on the ZBA, Planning Board, or Recreation. These positions are
open to everyone. SUPERVISOR SMITH wished to thank everyone for their
time and effort and especially Mr. DiNonno for coming forward. MR.
RUGGIERO also wished to thank Mr. DiNonno for coming forward and help
end this constitutional crisis for the Town. He felt that each Planning Board
member was justified in their personal reasons for not stepping forward.
1
020998.WS
This would not have been positive for the town if the Town Board had to
remove the Planning Board. MR. VALDATI congratulated Mr. DiNonno for
coming forward, its a positive move, and we are ready to resume.
The following Town Board Statement was moved by COUNCILMAN
RUGGIERO and seconded by Mr. Bettina.
WHEREAS, this Town Board has previously urged any of the members
of its Planning Board to step forward and accept the nomination to serve as
its Chairman; and
WHEREAS, each and every member of its Planning Board has
previously failed and refused to accept the nomination to serve as its
Chairman; and
WHEREAS, as a consequence of the foregoing, this Board, in order to
ensure the orderly flow of the Town's business, adopted a Resolution
directing a Public Hearing to be had for the purpose of removing the
Planning Board membership for cause; and
WHEREAS, a Planning Board member, PHILIP DINONNO, has
presently advised this Town Board that he will serve as Planning Board
Chairman if nominated and appointed; and
WHEREAS, this Town Board is satisfied that it has established and
affirmed its unfettered right to appoint the Chairman of its Planning Board;
and
WHEREAS, this Town Board is of the collective opinion that for the good
of the Town and the conduct of the Town's business will be best served by
nominating and appointing PHILIP DINONNO to serve as Chairman of the
Town of Wappinger Planning Board.
NOW, THEREFORE, be it resolved that this Town Board does nominate
and appoint PHILIP DINONNO to serve as Chairman of the Town of
Wappinger Planning Board; and
BE IT FURTHER RESOLVED, that all pending charges made against
the existing membership of the Town of Wappinger Planning Board shall be
and hereby are deemed withdrawn with prejudice.
Motion Unanimously Carried
There was discussion going over Regulations and Policy for the Codification
for the Town of Wappinger. Al Roberts Attorney to the Town said he had
reviewed the codification for Zoning Laws with Jay Paggi, Dan Wery and
Dave Stolman. The review revealed that a number of the documents
included are not the latest version. It has been reported, and it will be
corrected in the final version. In addition, there are presently pending a
number of amendments which Mr. Roberts is recommending we adopt first.
2
020998.WS
This will insure that the code will be up to date on important pieces of
legislation through the date of its adoption.
At this time, Dan Wery and Dave Stolman of Clark Associates went over the
codification of Zoning Laws with the Board.
A Public Hearing having been held on a proposed Local Law Exempting the
Residency Requirements for the Position of Building Inspector in the Town of
Wappinger, the matter of its adoption was now placed before the Board for
their consideration.
The following resolution was moved by COUNCILMAN RUGGIERO and
seconded by Mr. Bettina
LOCAL LAW #2 OF 1998
TOWN OF WAPPINGER
BE IT ENACTED, by the Town Board of the Town of Wappinger as
follows:
Section 1: Legislative Intent & Purpose.
1. The Town Board acknowledges that Section 23.1 of the Town Law
of the State of New York requires every officer of the Town at the
time of his/her appointment and throughout his/her term of office to
be an elector of the Town. An elector of the Town must be a
resident of the Town. The position of Building Inspector of the
Town of Wappinger is an officer of the Town, and, accordingly,
pursuant to Section 23 of the Town Law, must be an elector and
resident of the Town of Wappinger. However, Section 23.3 of the
Town Law provides that persons performing the position of
Building Inspector in the Town of Mount Pleasant, Westchester
County are not required to be electors of such Town. Additionally,
pursuant to Public Officers Law Sections 3.17, 3.18 and 3.22, the
State Legislature has exempted the residency requirement for the
Building Inspector in the Towns of North Salem, Mount Pleasant
and Lewisboro in Westchester County.
2. Section 10 of the Municipal Home Rule Law of the Sate of New
York authorizes a Town to adopt by Local Law for its own purposes,
any statutory provision, amendment or exemption which has been
expressly authorized by the State Legislature for any other named
Town, thereby superseding general statutory provisions to the
contrary.
3. There presently is a vacancy in the position of Building Inspector in
the Town of Wappinger. The town Board has interviewed a number
of candidates for the position of Building Inspector, however, none
of the candidates were residents of the Town of Wappinger. The
3
020998.WS
Dutchess County Civil Service Department has provided the Town
with a list of eligible candidates for the position of Building
Inspector, however, only one candidate was a resident of the Town,
and that person has declined the position. The Town Board has
determined that the position of Building Inspector is one requiring
special skills, training and sensitivity, and that the best interests of
the residents of the Town of Wappinger would be served by not
limiting the position to electors of the Town.
4. The purpose and intent of this Local Law is to enable the Town
Board to appoint a non-resident of the Town of Wappinger to the
position of Building Inspector.
Section 2: Exemption of Residency Requirement for Building
Inspector. In accordance with the Legislative Intent noted above, the
person appointed to the position of Building Inspector in the Town of
Wappinger shall not be required to be an elector or resident of the
Town of Wappinger in order to hold and serve such position.
Section 3: Separability.
The provisions of this Local Law are separable and if any provisions,
clause, sentence, subsection, work or part thereof is held illegal,
invalid or unconstitutional or in applicable 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, works or parts of this Local
Law or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that his 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 4: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of
this Local Law are intended to supersede any inconsistent or contrary
provisions contained in the New York State Constitution or in Town
Law Sections 20 and 3, or Public Officers Law Section 3.
Section 5: Effective Date.
This Local Law shall take effect immediately upon adoption and filing
with the Secretary of State as provided by the Municipal Home Rule
Law.
G!
020998.WS
Motion Unanimously Carried
The next item for the Boards consideration is to approve the contract with
Sloper-Willen Ambulance, with the Town of Wappinger and authorize the
Supervisor to sign.
COUNCILMAN RUGGIERO moved to approve the contract between Sloper-
Willen Ambulance, and the Town of Wappinger, and authorize the Supervisor
to sign.
Seconded by Mr. Valdati
Motion Unanimously Carried
There was no other business at the workshop meeting.
COUNCILMAN RUGGIERO moved to close the meeting, seconded by Mr.
Bettina and unanimously carried.
The meeting closed at 7:40 P.M.
(77� 1 1
C-)
" t mA t.n
Elaine H. Snowden
Town Clerk
til
020998.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
February 9, 1998, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York, on the proposed Local Law Exempting the Residency
Requirements for the Position of Building Inspector for the Town of
Wappinger. Supervisor Smith opened the Meeting at 7:35 P.M
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
There were no comments or questions from the audience.
COUNCILMAN PAOLONI moved to close the Public Hearing, seconded by
Mr. Ruggiero.
The Public Hearing closed at 7:36 P.M.
Motion Unanimously Carried
Elaine H. Snowden
W
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW EXEMPTING
THE RESIDENCY REQUIREMENTS FOR THE
POSITION OF BUILDING INSPECTOR
FOR THE TOWN OF WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn deposed and says:
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 January 25, 1998, your deponent posted a copy of the attached
notice of Public Hearing on a proposed Local Law exempting the residency
requirements for the position of Building Inspector, 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.
Sworn to before me the
day of 1998
NOTARY PUBLIC
,�"""
x,"
'Li;
*1
XINDA M. LiUccr
rotary F'ul n:. St,ttM ,I NewYo*
No 2331720
Qualified in Dutchess County
Commission Expires 10/31/1hy
,L atil ��WVA'C'
Elaine H. Snowden
Town Clerk
Town of Wappinger
Southern Dutchess News.
914 29 7-3 723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
NOTICE OF PUBLIC HEARING JOAN M I LL E R
TOWNOFWAPPINGER ..........................LER........................ of the
NOTICE IS HEREBY GIVEN the
Town Board dtheTownotwappktger Town of Wappinger, Dutchess County, New York,
i will conduct a PUBLIC HEARING on
the 9th day of February, 1988 at :25
p.m. at the Town Hell, Town of being duly sworn, says that he is, and at the several
Wappinger, 20 Mlddlebush,Fjoad,
WappingersFalls, Newlbrk,atwhich times hereinafter was, the ....13RPXj19!Q.P.QX.......
time all parties In Interest and citizens
shall have an opportunity to be heard
as to whether the Town Board olthe of the SOUTHERN DUTCHESS NEWS, a
Town of Wappinger shall adopt a Pro'
posed'Local
Requirement for the Po- al Law Exempting the
Residency newspaper printed and published every Wednesday
sition of Building Insp"t9t ip the
Town of Wappinger.' in the Town of Wappinger, Dutchess County, New
PLEASE TAKE FURTHER, NOTICE
thated Local se Law'd"`e� 9mPI01 the the York, and that the annexed NOTICE was duly
posed Local Law is to exempt the
residency requirements toctheP06i'
tion ofBuilding lnsPect0(h01 1Iw published in the said newspaper for one seeks
of Wappinger and any person ap- • • • • • • .
pointed to such posillon'will not be
,,required to be a resident Of "Ib"successively in each week, commencing on the
of Wappinger. t+ ipv'p
PLEASE TAKE FURTHER NOTICE ,,, 28th day of „January... 19 98. and on the
0099that 0es of the sald proposed Lo- "" .. .
cal law are available for review and'
Inspection at the office Of the Town following dates thereafter, namely on
Clerk on weekdays from 8:30 a.m. to
Mid p.m., Road.at Town He1Fal10. '.................................................................
Now Yorl(L
Middlebush Road, WaPPhW
PLEASE TAKE FURTHER NOTICE and ending on the ..28th.... day of ..Jan.:.
that lite Town Board has determined ' ' '
that the proposed notion, i.e. tit.,
19M. . both days inclusive.
adoption of the woremwWoned o"
cal Law, Is an action "hV an
Environmental R-W"ipursu"t 104
the State EnvkonmetlW Qua"
view Act (SEORA)'and
no EnvlronrttPntal HeVte�� ; .. • • .. .................... .
undertaken.'
BY ORDER OF THE TOWN BOARD F;
OF THE TOWN ER
EVDUMNE SNO1 ryEN
TOWN CLERK Subscribed and sworn to before me
Dated: January 22, 1998 i:A
this .2fiirh.... day of .danua y........: 1 .9.8
Notary Public
My commission expires ...
Fbi �MEL'WISHAR
NOTARY PUBLIC, STATE OF NEVI YORK
QUALIFIED IN-DUTCHESS COUNTY
COMMISSION UPIR �q CH 31,1L�