2012-136
2012-136
Resolution Adopting Local Law No.7 of the Year 2012 Entitled "Amending Chapter 236-
6B. of the Town of Wappinger Code"
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 April 9,
2012.
The meeting was called to order by Barbara Gutzler, S~pervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing proposed Local Law No. _ of the Year 2012, entitled "Amending
Chapter 236-6.B. of the Town of Wappinger Code"; and
WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the
Southern Dutchess News, the official newspapers of the Town; and
WHEREAS, the Public Hearing was held on April 9, 2012, and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law was not subject to
Environmental Review; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
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 adopts Local Law No.7 of
the Year 2012, entitled "Amending Chapter 236-6.B. of the Town of Wappinger
Code", a copy of which is attached hereto and made part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
and to the Local Law book for the Town of Wappinger and to give due notice of
the adoption of said Local Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
4/9/2012
. The Resolution is hereby duly declared adopted.
~
STINE FULT , TOWN CLERK
LOCAL LAW NO.
OF THE YEAR 2012
A Local Law entitled "Local Law No. _ of the Year 2012, Amending Chapter 236-
6.B. of the Town of Wappinger Code."
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._
of the Year 2012, Amending Chapter 236-6.B. of the Town of Wappinger Code."
Section II: Lelrlslative Intent:
By the adoption of Local Law No.1 of the Year 2011, the Town Board established
capital buy-in fees for new parcels being added to the jurisdictional boundaries of Water and
Sewer Districts. Due to an inadvertence, typographical errors occurred resulting in erroneous
capital buy-in fees for Water and Sewer Districts being reversed. The Town Board seeks to
correct these errors by the adoption of this Local Law.
Section m: Amendments to the Code:
The following sections of Chapter 236-6.B. of the Town of Wappinger Code are hereby
amended to read as follows:
"~ 236-6.B.(1)(b )[1]
[1] For single family residential parcels with no more than four (4) bedrooms per
residenthilUiiif,theaveragedaiIY-iisageshall be deemed to be 320 gallons per
day, resulting in a capital buy-in fee of $4,800.00.
~ 236-6.B.(2)(b)[1]
[1] For single family residential parcels with no more than four (4) bedrooms per
residential unit, the average daily usage shall be deemed to be 320 gallons per
day, resulting in a capital buy-in fee of $3,200.00."
Section IV: Reconfirmation and Ratification:
Except as herein modified, the remaining sections of Chapter 236-6 entitled "Buy-in Fees
to Sewer and Water Districts" are hereby reconfirmed and ratified.
Section V: Separabilitv:
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 VI: NumberiDl~ for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub-sections of this Local Law may be re-numbered or re-Iettered by the Codifier to accomplish
stich intention; the Codifier shallniake f16slibstantive changes to this Local LaW; the word
"Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for
codification; and any such rearranging of the numbering and editing shall not effect the validity
of this Local Law or the provisions of the Code effected thereby.
Section VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law Municipal Home Rule Law.