2002-06-18
J
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
AITORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
.'
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
LOUIS J. VIGLOrn
JOAN F. GARRElT**
THOMAS R. DAVIS
e-mail: VSRPoBestWeb.net
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANTS:
AMY E. DECARLO
LISA MARTELL
PHILIP GlAMPORTONE
KAREN P. MACNISH
VINCENT FILARDO, JR.
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPsIE, NY 12601
(845) 452-1046
OADMITrED TO PRAcnCE
IN NY &: FLA.
uADMITrED TO PRAcnCE
IN NY.&: CONN.
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
VIA FACSIMILE (518-426-6920) AND REGULAR MAIL
June 18,2002
Hon. Stephen M. Sa1and, Senator
Albany Office
State Street
Room 946
Legislative Office Building
Albany, New York 12247
Attention:
Ms. Caroline Chauvin
RECEIVED
JUN 1 9 2002
TOWN CLERK
Re: Grinnell Library
File No. 12951.0468
Dear Caroline:
Pursuant to instructions, I enclose herewith four (4) duplicate originals of Home Rule
Request from the Town of Wappinger for Senate Bill No. 7655 and four (4) duplicate
originals of Home Rule Request from the Town of Wappinger for Assembly No. 11730,
duly signed by Joseph Ruggiero, Supervisor, and signed and sealed by Gloria 1. Morse,
Town Clerk. I also enclosed eight (8) certified copies of the Resolution dated June 17,
2002 by the Town Board requesting the adoption of these bills.
The original of these documents are being delivered via Valley Courier Services, Inc. and
should arrive by mid-afternoon. Please call upon receipt of these documents.
0:\ \V APPINGE\Town Board\GrineIl\061802-Saland.doc
Page 2
On behalf of the Town of Wappinger, I want to thank Senator Saland and his staff for the
tremendous effort all has made in trying to make this Bill a reality this session.
Very truly yours,
VE~p, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
~+ P. ROBERTS
APR/bg /'
Enclosure
cc:
Hon. Joel Miller, Assemblyman
Hon. Joseph Ruggiero, Supervisor
Hon. Gloria J. Morse,. Town Clerk
(Via Facsimile 463-1638 and Regular Mail)
(Via Email and Regular Mail)
(Via facsimile 298-1478 and Regular Mail)
0:\ W APPINGE\Town Board\GrineIl\061802-Saland.doc
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Loeal GovernmeQt for Enactment of a Special Law)
To the Legislature: "-r< II\.
f,urs...nt to Article IX of the Constitution, the ...........Q~ ..........._................ .....m...m............ '''''''''''' of
". (_Mr. cllr, Iowa or vIII...)
~~.~. . Senate . ( .
........- ... '" .\ ... . ............... ................ ...... requests the enactment of A- \)1 hili No...Z65.5.._m......__. ).
(Da_) III Y
(ltrlkc OVI _)
entitled "
-
A- ..'\ A '-' t
..4...- __.
~
in relation to the form and contents
of the statement of taxes in the
town of Wappinger
.. ~
"
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
XXI The local government docs not have the power to enact such legislation by local law.
o Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
o The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
~ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a'majority of the total mem-
bership of the local legislative body, both the chief executive officer and the cleric of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words 66two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE "
(Signed)!::t... """" .~....K~ A~~....._m.._
'. (chief c_iOA;;;"'=""
lSEE _RllGGl.ERO....._........................ "'"
Date: .. Jun~ .. ...I.1..._... 20 02-.... .sullerY;::~~===:::::..._....__....
.t- (T.lIe 01 cblcf cucuUvc OIIccr)
CLERK'S CERTIFICATION
I, u. ..GLORIA.....L...Y..!lRSE..._.._.m................., do hereby certify that I am Clerk of the....I.Q!@.............m...__...
(prine or 1)'pC -) (1oc:a1lcPalallvc bcodr)
Boa rd. ... ................_.._............................._....... . of the ..._... .I.QHn......._._....._............................_.. _"o.
u.....n........ "n_... . (_DCr, c:Il)',lOWa or vWa..)
of. m--mkUUn).in~r.._.n...m__..n...m................._..and that on the .mI2....._... day of J.UIlJL......_n__.....m..,
(-)
20 0.2__... , such legislative body, at leash: of the total membership having voted in favor litereof,
approved the foregoing r-cqucst. (Ilrike 0lIt _)
[SIAl. CIP a.&u
IICMINNDT)
(Signed) .
Date: June /7 ...., 2(L0.2..
/'
RESOLUTION NO. 2002-205
RESOLUTION PERMITTING APPROPRIATIONS FOR GRINNELL LIBRARY
TO BE LISTED SEPARATELY ON REAL PROPERTY TAX BILL
The following Resolution was introduced by Mr. Paoloni
and seconded by
Mr. Bettina
\VHEREAS, pursuant to Education Law ~259.1.b (1), the Trustees of the Grinnell
Library Association circulated a Petition among the voters of the Town of Wappinger to increase
,;
the funding of the Grinnell Library Association by the Town of Wappinger from $100,000 to
$314,874; and
WHEREAS, pursuant to said Petition, the request to increase the funding to $314,874
was placed on the ballot at the bi-annual election resulting in an approval by the voters of the
Town of Wappinger to authorize the Town Board to increase such funding; and
WHEREAS, the Town of Wappinger wishes to separate the appropriations for the
Grinnell Library Association from the Town's general budget by making it a separate line item
on the State, County and Town Real Property Tax Bills; and
WHEREAS, the Town Board, by adoption of this Resolution, hereby formally requests
that the New York State Legislature, through its elected representatives, the Honorable Stephen
M. Saland, Senator, and the Honorable Joel Miller, Assemblyman, to adopt appropriate
amendments to the Law to permit Towns to separate funding for library purposes from the
general fund and list them separately on each statement whenever such funding is authorized, or
to adopt such other statutory amendments they deem appropriate to effectuate the purposes stated
herein.
O:\WAPPINGE\Town Board\RESOLUTION\Grlnnell-Tax 8i112.doc
I
,i
I
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. Request is hereby made of the New York State Legislature by the Town of
Wappinger through its elected representatives, the Honorable Stephen M. Saland,
Senator, and the Honorable Joel Miller, Assemblyman, to adopt appropriate
legislation, as set forth in Senate Bill No. 7655 and Assembly Bill No. 11730 to
permit the Collection Officer of the Town to cause the Statement of Taxes to
show on a separate line on such statement the amount of any tax or other charge
levied by or on behalf of such Town for purposes of the Grinnell Library
Association, or to adopt any other legislation or statutory enactment said elected
.
Representatives deem necessary and appropriate to accomplish the purposes
indicated herein.
3. It is the purpose and intention of this Resolution that the Town be given statutory
authority to treat library appropriations as separate line items from the General
Fund and listed separately on State, County and Town tax statements sent to the
taxpayers.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDA TI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
O:\WAPPINGE\Town Board\RESOLUTION\Grlnnell-Tax BiII2.doc
II
I
Dated: Wappingers Falls, New York
June.a. 2002
]
STATE OF NEW YORK,.
COUNTY OF DUTCHESS,
TOWN OF WAPPINGER
~ n.:
I, GLORIA J. MORSE, Town Clel'k of the Town of Wappinger, N.Y., do hereby certify that I have compared the
foregoing copy of a Resolution Permitting Appropriations for Grinnell Library to be listed
Separately on Real Property Tax Bill that was adopted at a Special Town Board Meeting
of Ju e Z 2002.
!
with the original record thereof now remaining on file or of record in this office
and have found the same to be a correct tr:mscript therefrom and the whole at
such original "cord.
IMPORTANT: READ INSTRUCTIONS ON REVERSE SiDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
....nmW~~~*'L...
entitled ..
:r 0 "he (..egis/atuTe: _
Pursuant to Article IX of the Constilution, the -....--..-.I.D-W:n-m--.--~:.m_.__.___n__h_.______h__n. ____n______ of
("'unl)', elly, lown or vma,e)
t h f "iJ....U. b'II(N 11"7 ')0 \
-----00-.00--.- - ____h reques s t e enactment 0 Assembly I 0.0. +-v1- __00__.____. h
IIlrlke oUI one)
AV\ A,,-t
in relation to the
of the statement
town of Wappinger
form and contents
of taxes in the
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
~ The local government does not have the power to enact such legislation by local law,
L~ Other factr" as set forth in the following "Explanation" establish such necessity.
"
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
o The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
(]j The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGMNG
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below, In such case use the word "majority" below even though the vote may have
been greater,
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
Dale:
. ..Tun_e "__ ..1 7__n__m.' I'~_20O'2
<:HIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)a' -.------ --h---1?~~____nm_
(chief execulilfO~;;)-n-----~--n
.OSEP-H--.RUGGIERO________n____m___n_n_____. . -----
(Prlnl or Iypc name below lillnalure)
CLERK'S CERTIFICATION
.su peru !so r ___________..______________________ _____. _____ _ __
(Tille of chief execulivc ollicer)
I, .. . GLORIA-.J~MORSR.m__n____h_hn_m_n_______., do hereby certify that I am Clerk of the--n--'J:r.W_U____nmmh__n___
(prina or Iype name) (Iocallellillalive bOdy)
!:S.~~E~_. .. - - -. _m__ ____Ohm -... -00-- __00. - .--- __.nn ___h_. --- ---- ------ ____00 of the -- --T'O'wu----n_n_.________n__________n_.__n_n_. _ __ ____00 un '_h__
(COUllly, clly. lown or villallC)
of. .--yJ~ppJn&.e_L__:_h_______.______h_m_...__.._________ '_h_h_ and that on the -----1.7-.---____ day of ----J-Ur.ehn_n___________h__,
(name)
. . . two-thirds
~.2Q()? , such legislatIve body, atleast~ijilUf of the total membership naving votea in favor thereof,
approved the. foregoing reql.lest. (1lrike OUI one)
(SEAL OP LOCAL
OOVDNMJ!IlT)
. (Signed) .
- ---- --?:f--- - 1&.~
( rk)
----------- --------------------
below Jill lure)
Date:---.Jl.Ule--------.L__1______~u, D --2.D.G2
II .
. 'II,
I
/
RESOLUTION NO. 2002-205
RESOLUTION PERMITTING APPROPRIATIONS FOR GRINNELL LIBRARY
TO BE LISTED SEPARATELY ON REAL PROPERTY TAX BILL
The following Resolution was introduced by Mr. Paoloni
and seconded by
Mr. Bettina
WHEREAS, pursuant to Education Law ~259.1.b (1), the Trustees of the Grinnell
. Library Association circulated a Petition among the voters of the Town of Wappinger to increase
the funding of the Grinnell Library Association by the Town of Wappinger from $100,000 to
$314,874; and
WHEREAS, pursuant to said Petition, the request to increase the funding to $314,874
was placed on the ballot at the bi-annual election resulting in an approval by the voters of the
Town of Wappinger to authorize the Town Board to increase such funding; and
WHEREAS, the Town of Wappinger wishes to separate the appropriations for the
.
Grinnell Library Association from the Town's general budget by making it a separate line item
on the State, County and Town Real Property Tax Bills; and
WHEREAS, the Town Board, by adoption of this Resolution, hereby formally requests
that the New York State Legislature, through its elected representatives, the Honorable Stephen
M. Saland, Senator, and the Honorable Joel Miller, Assemblyman, to adopt appropriate
amendments to the Law to permit Towns to separate funding for library purposes from the
general fund and list them separately on each statement whenever such funding is authorized, or
,- to adopt such other statutory amendments they deem appropriate to effectuate the purposes stated
herein.
O:\WAPPINGE\Town Board\RESOLUTION\Grlnnell- Tax Bill2.doc
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. Request is hereby made of the New York State Legislature by the Town of
Wappinger through its elected representatives, the Honorable Stephen M. Saland,
Senator, and the Honorable Joel Miller, Assemblyman, to adopt appropriate
legislation, as set forth in Senate Bill No. 7655 and Assembly Bill No. 11730 to
permit the Collection Officer ofthe Town to cause the Statement of Taxes to
show on a separate line on such statement the amount of any tax or other charge
.
levied by or on behalf of such Town for purposes of the Grinnell Library
Association, or to adopt any other legislation or statutory enactment said elected
Representatives deem necessary and appropriate to accomplish the purposes
indicated herein.
3. It is the purpose and intention ofthis Resolution that the Town be given statutory
authority to treat library appropriations as separate line items from the General
Fund and listed separately on State, County and Town tax statements sent to the
taxpayers.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDA 1'r, Councilman Voting Aye_
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
O:\WAPPINGE\Town Board\RESOLUTION\Grinnell-Tax Bl1I2.doc
-.
Dated: Wappingers Falls, New York
June LL, 2002
T~ is :ere~ared adopted
.-' . ~
GLO A J. MO~ - ERK
STATE OF NEW YORK,.
COUNTY OF DUTCHESS,
TOWN OF WAPPINGER
~ ~:
I, GLORIA 1. MORSE, Town Clerk of the Town of Wappinger. N.Y., do hereby certify that I have compared the
foregoing-copy ofa Resolution Permitting Appropriations for Grinnell Library to be listed
Separately on Real Property Tax Bill that was adopted at a Special Town Board Meeting
of Jun 1 2002.
with the original record thereof now remaining on file or of record in this office
aad have fOlmd the same to be a correct tr:1J1script therefrom and the whole ot
such original record.
IN TESTIMO~Y l2!;REOF, 1/ e hereunto set my hand, and affixed my
seal of office, this p~ day of _ " ~'~ __.20,," Z-
" . ~ - ~------, Town Clerk
By .-:.---- I' - -------------, Deputy Clerk