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1968-06-24 SPM132 A Public Hearing on the Rezoning Amendments to Route 9, to amend Sections of the Zoning Ordinance and to consider the adoption of an amended zoning map of the Town of Wappinger, was held on Monday, June 24, 1968, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl opened the hearing at 8:15 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Jr. Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town The Town Clerk offered for the record the Affidavits of Publication, duly sworn to by Beatrice Osten of the W&SD News, having been pub- lished once in the W&SD News on June 13, 1968 and Affidavits of Posting by the Town Clerk duly sworn to . Also offered for the record• were the receipt of recommendations from the Dutchess County Planning and Town of Wappinger Planning Board. The following notice of public hearing was read: NOTICE IS HEREBY GIVEN that pursuant to Section 265 of the Town Law, a Public Hearing will be held by the Town Board of the Town of Wappinger, Dutchess County, New York, at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, on the 24th day of June, 1968, at 8:00 o'clock in the afternoon of that day on proposals to amend Sections of the Zoning Ordinance of the Town of Wappinger, the proposed amendments being annexed hereto and made a part hereof, and for the purpose of considering the adoption of an amended zoning map of the Town of Wappinger All parties in interest will be heard by the Town Board at the public hearing to be held as aforesaid. The following Ordinances were read: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK BE IT RESOLVED AND ORDAINED BY the Town Board of the Town of Wappinger, Dutchess County, New York that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended, is hereby further amended as follows: Section 1: District HB -1, as set forth in Section 423 is hereby amended by adding the following sub -division under "Permitted Principal Uses." "10 All uses permitted pursuant to Section 421 of this Ordinance. Section 2: District HB -2, as set forth in Section 423 is hereby amended by adding the following sub -division under "Permitted Principal Uses." "7. All uses permitted pursuant to Section 421 of this Ordinance." Section 3: District SC, as set forth in Section 423 is hereby amended by adding the following sub -division under "Permitted Principal Uses. 1, "7. All uses permitted pursuant to Section 421 of this Ordinance Section 4: Section 424 entitled "Business and Industry District Standards" shall be,amended by adding thereto the,following sub- division. "d. Any lot held in separate ownership prior to the adoption of this amendment which said lot is located in either a HB -1 or HB -2 District and which said lot does not meet the area and/or the width and/or the depth requirements of Section 424 of this Ordinance at the time of the adoption of this amendment shall be considered as complying with such minimum lot standards for area, width or depth provided such lot does not adjoin any other lot or parcel held by the same owner." Section 5: This Ordinance shall take effect immediately upon the adoption, postingand publication as provided for by Town Law. Proposed by: Councilman Mills Seconded by: Councilman Clausen AN ORDINANCE AMENDING THE ZONING LAW OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended and the Zoning map which accompanies the same is hereby further amended as follows: Section 1: The following parcels described on the Tax Map of the Town of Wappinger are hereby rezoned from Sc to HB -1. Lots 38-12 and 35-2 as set forth on Tax Map No. 58, Block 1. Section 2: The following parcels described on the Tax Map of the Town of Wappinger are hereby rezoned from R-20 to HB -2. Lots 3,6,7, and 8 as set forth on Map No. 72 Block 1. Section 3. The following parcel described on the Tax Map of the Town of Wappinger is hereby rezoned from RD -20 to HB -1. Lot 38 Block 1, Tax Map No. 61. Section 4: The following parcel described on the Tax Map of the Town of Wappinger is hereby rezoned from HB -1 to RD -20. Beginning at a point being the NW corner of Lot 22.7, Map 60, Blk 1, thence along the southerly & easterly lines of Lots 45 & 46 Map 60 Blk 1, 730 ft. plus or minus, to a point being NE corner of Lot 48, Map 60 Blk 1, thence easterly along the N'ly line of Lot 48, Map 60 Blk 1, 250 ft, plus or minus, thence s'ly through Lots 48 & 46 400 ft, plus or minus, to beg. Section 5: The Ordinance shall take_effect immediately upon adoption posting and publication as provided for by Town Law. Proposed by: Councilman Mills Seconded by: Councilman Finnan Supervisor Diehl then asked if there were any persons present who wished to speak in favor of the rezoning. Mr. Peter Aiello asked that the sections referred to in the Town Planning Boards recommendation be read. Mr. Benn asked what teffect the County Planning Boards' recommenda- tions have on the Boards' decision? Mr. Rappleyea explained that due to the negative report received, a 4 to 1 affirmative vote was required to pass the amendments. Mr. Aiello asked how this would effect his rezoning petition. It was noted that his request was for HB -1 and the parcel would now be zoned HB -2 rather than residential. Supervisor Diehl asked if there were any persons present who wished to speak in opposition to the rezoning. There were none who wished to speak. Mr. Diehl then declared the Hearing closed. The Public Hearing closed at 8:24 P.M. Elaine H. Snowden Town Clerk '4111* A Special Meeting of the Town Board of the Town of Wappinger was held on,l e4 fi Monday, June 24, 1968 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:26 P.M.. Present: Supervisor Louis Diehl Councilman James Mills, Jr. Councilman Leonce Heady Others Present: Attorney to the Town Allan E. Rappleyea Engineer to the Town Rudolph Lapar Building Inspector Joseph E. Ludewig Councilman Louis Clausen Council G. Donald Finnan Town Clerk Elaine H. Snowden The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: RESOLUTION OF THE TOWN BOARD OF THE FOWN OF WAPPINGER AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER IN RELATION TO CHANGES IN DISTRICT BOUNDARIES WHEREAS, the Planning Board of the Town of Wappinger has proposed that the following amendment be made to the Zoning Ordinance of the Town of Wappinger, Dutchess County, New York, and WHEREAS, the Town Board on the 16th day of April, 1968, did introduce such zoning amendment, and ddd refer this application to the Planning Board of the Town of Wappinger and the County of Dutchess for their consideration and recommendation, and WHEREAS, the Planning Board of the Town of Wappinger did file its report and recommendations with the Town Board on the 7th day of June, 1968, and WHEREAS, after due notice a public hearing was held by the Town Board of the Town of Wappinger at the Town Hall, Mill Street, Wappingers Falls, New York, at 8:00.P.M. on the 24th day of June, 1968, at which all persons desiring to be heard in favor of said rezoning and also all those desiring to be heard in opposition thereto were given an opportunity to be heard, and WHEREAS, the Dutchess County Planning Board was on the 29th day of April, 1968, given due notice of the change and said Dutchess County Planning Board thereafter did on June 24th, file with the Town Board of the Town of Wappinger its report and recommendations containing therein opposition to said zoning amendments, and, WHEREAS, due notice was given to the Town Clerk of the adjoining Towns, and the Clerk of the Board of Representatives of the County of Dutchess, at least ten days prior to the public hearing, and, WHEREAS, the Town. Board of the Town of Wappinger takes cognizance of the Dutchess County Planning Board report, but does not agree with said recommendations by reason of the Town Board's belief that the proposed zoning ordinance classifies properties within the Town of Wappinger as "Commercial" for the reason that the Town needs additional assessed valuation and for the further reason that Route 9 as reconstructed'by the State of New York has adequate traffic capacity to justify commercial zoning in certain areas adjacent. thereto, NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended, is hereby further amended as follows: Section 1: District HB—I, as set forth in Section 423 is hereby amended by adding the following sub—division under "Permitted Principal Uses". "10. All uses permitted pursuant to Section 421 of this Ordinance." Section 2.: District HB -2, as set forth in Section 423 is hereby amended by adding the following sub—division under "Permitted Principal Uses". "7. All uses permitted pursuant to Section 424 of this Ordinance." Section 3: District SC, as set forth in Section 423 is hereby amended by adding 134 the following sub -division under "Permitted Principal Uses". "7. All uses permitted pursuant to Section 421 of this Ordinance." Section 4: Section 424 entitled "Business and Industry District Standards" Shall be amended by adding thereto the following sub -division. "d. Any lot held in separate ownership prior to the adoption of this amendment which said lot is located in either a HBI or HB -2 District and which said lot does not meet the area and/or the width and/or the depth requirements of Section 424 of this Ordinance at the time of the adoption of this amendment shall be considered;as complying with such minimum lot standards for area, width or depth provided such lot does not adjoin any other lot or parcel held by the same owner." Section 5: This Ordinance shall take effect immediately upon the adoption, posting and publication as provided for by Town Law. Seconded by: Mr. Finnan Roll Call Vote: Supervisor Diehl: Aye Councilman Heady: Aye Councilman Finnan: Aye Councilman Clausen: Aye Councilman Mills : Aye The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER IN RELATION TO DEFINITIONS AND DISTRICT CLASSIFICATIONS. WHEREAS, the Planning Board of the Town of Wappinger has proposed that the following amendment be made to the zoning ordinance of the Town of Wappinger, Dutchess County, New York, and WHEREAS, after due notice a public hearing was held by the Town Board of the Town of Wappinger at the Town Hall, Mill Street, Wappingers Falls, New York, at 8:00 P.M. on the 24th day of June, 1968, at which all persons desiring to be heard in favor of said rezoning and also all those desiring to be heard in opposition thereto were given an opportunity to be heard, and WHEREAS, the Dutchess County Planning Board was on the 29th day of April, 1968, given due notice of the change and said Dutchess County Planning Board thereafter did on June 2lst, 1968 file with the Town Board of the Town of Wappinger its report and recommendations containing therein opposition to said zoning amendments, and, WHEREAS, due notice was given to the Town Clerk of the adjoining Towns, and the Clerk of the Board of Representatives of the County of Dutchess, at least ten days prior to the public hearing, and, WHEREAS, the Town Board of the Town of Wappinger takes cognizance of the Dutchess County Planning Board report, but does not agree with said recomm- endations by reason of the Town Board's belief that the proposed zoning ordinance classifies properties within the Town of Wappinger as "Commercial" for the reason that the Town needs additional assessed valuation and for the further reason that Route 9 as reconstructed by the State of New York has adequate traffic capacity to justify commercial zoning in certain areas adjacent thereto, NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended, and the Zoning map which accompanies the same is hereby further amended as follows: Section I: The following parcels described on the Tax Map of the Town of Wapp- inger are hereby rezoned from SC to HB -I. Lots 38-12 and 35-2 as set forth on Tax Map #58, Block 1. Section 2: The following parcels described on the Tax Map of the Town of Wappinger are hereby rezoned from R-20 to HB -2. Lots 3, 6, 7 and 8 as set forth on Tax Map #72, Block I. 1S5 Section 3: The following parcel described on the Tax Map of the Town of Wappinger is hereby rezoned from RD -20 to HB -I. a► Lot 38, Block 1, Tax Map #61 Section 4: The following parcel described on the Tax Map of the Town of Wappinger is hereby rezoned from HB -I to RD -20. Beginning at a point being the'NW corner of Lot 22.7, Map 60, Blk 1, thence along the southerly & easterly lines of Lots 45 & 46, Map 60, Blk 1, 730 ft.plus or minus to a point being NE corner of Lot 48, Map 60, Blk 1, thence easterly along the n'ly line of Lot 48, Map 60, Blk 1, 250 ft. plus or minus, thence s'Iy through Lots 48 & 46 400 ft. plus or minus to Beg. Section 5: The Ordinance shall take effect immediately upon adoption posting and publication as provided for by Town Law. Seconded by: Mr. Mills Roll'Call Vote: Mr. Diehl: Aye Mr. Clausen: Aye Mr. Heady: Aye Mr. Mills: Aye Mr. Finnan: Aye The following resolution was offered:by MR. HEADY who moved its adoption: RESOLUTION GOVERNING DISPOSAL OF REFUSE AND GARBAGE IN TOWN MAINTAINED'LAND-FILL SITE. WHEREAS, the Town of Wappinger is providing a land -fill site and main* taining the same for the use of Town residents, NOW, THEREFORE, be it resolved that the following rules shall apply to all persons or corporations using said site or such other sites under the jurisdiction of the Town of Wappinger: 1. No persons or corporations shall dump refuse or material on said sites which does not originate in the Town of Wappinger. 2. The refuse site shall be open at hours prescribed by the Town Highway Superintendent. No dumping or other use of said premises shall be made except during such hours. The hours shall be posted on the Town Bulletin Board and at the site. 3. No disposal at the site or other use of the premises shall be made except under the direction of the Town Highway Superintendent or his duly designated employee. 4. No person or corporation shall use said Town Refuse Site in connection' with or iri relation to a commercial refuse collection operation, either for profit or otherwise, in the collection or disposal of refuse or waste, without first obtaining a license from the Town Clerk on forms prescribed by her and upon the payment of a $25.00 license fee. Such license shall be valid for one year from issuance and shall be revocable by the Town Board upon the violation of the licensee of any of the rules of the Town Board or directions of the Highway Supeintendent. Such license is not transferable. Such licensee shall provide a certificate for each vehicle used and shall pay a fee of $ICAO for each vehicle after the first one. 5. No refuse or material shall be placed on said site of a dangerous or hazardous nature. The highway superintendent or his duly designated agent may exercise their judgement with respect to such items and may exclude materials deemed by them to be dangerous or hazardous to the operation of said land -fill site or the residents of the Town of Wappinger. 6. The following fee shall be collected for the use of said land -fill site. Such fees shall be collected for the use of said 'land -fill site. Such fees shall be collected either by the issuance of a book of tickets or in cash or certified check at the site. Truck S' e Refuse Disposal Ticket Fees (Basic Fee - $I.00per cubic yard compacted) Cost Per Ticket Compactina Trudia Cubic yards Cost per Book - 10 tickets $15.00 $150.00 Truck Size 17 cubic yards 18 cubic yards 20 cubic yards QDen Body Trucks Cost Per Ticket 17.00 18.00 20.00 Cost Per Book — 10 ticket.. 170.00 180.00 200.00 1/2 to 3/4 ton Pick—up 1.00 10.00 1 to 1-1/2 ton 2.00 20.00 2 ton 3.00 30.00 Passenger Car Trailer .50 5.00 7. The highway superintendent shall maintain a daily log of all persons using said site and shall record therein the name of such person, the license number of the vehicle used the town license, if any, and the fee charged and whether collected by cash or coupon. 8. The highway superintendent may prescribe such additional rules and regulations he deems necessary for the operation of said land—fill site. Seconded by Mr. Mills. Roll Call Vote: Mr. Diehl: Aye Mr. Clausen:Aye Mr. Finnan: Aye Mr. Heady: Aye Mr. Mills: Aye Resolution duly adopted June 24, 1968. Mr. Finnan questioned the first rule, noting the fact that some of the collectors ,r pick up in more than one township and the enforcement of it. Mr. Rappleyea cited the fact that the agreement the Town has with the County is that the site is essentially for the Town's use and doesn't necessarily have the exclusive use of that area . It is a joint operation and if any other township wishes to avail themselves of the same provisions, they can do so. Mr. Diehl commented that the collectors would have to alert themselves, for if they lost their license to dump in the Town of Wappinger and couldn't go to another township they would be in trouble, and if they put themselves in such a position the Town would certadrly be in a position to enforce it. Mr. Diehl further stated that, although not in the Resolution, if any Town resident wished to dump his own garbage during regular hours all he would need do would be produce his driver's license for proof of residency. Mr. Diehl called for a 2 minute recess at 8:45 P.M.. Mr. Diehl called the meeting back to order at 8:55 P.M.. A Petition was received requesting the Town Board to consider an application, under the Zoning Ordinance and within the framework of Amendment No. 6, Section 439.01, from Dave Alexander. Mr. Rappleyea briefly said that after discussion with Mr. Ludewig, he felt there would be a few technical problems involving the licensing and, although the operation could technically be called a gravel mine, they felt it would more properly fall in line with site plan preparation. 137 After discussing the problem with Mr. Ludewig & Mr. Alexander, some things were *; outlined, with regard to both the statute & a claim that there is the non—conforming use there, that were satisfactory with Mr. Alexander and Mr. Ludewig. Mr. Ludewig added that the site would• necessitate some type of site preparation under any circumstances in order to make use of the property. The following resolution was offered• by MR. HEADY who moved its adoption: APPL ICAT IO{V OF DAVID ALEXANDER FOR PERMIT TO REMOVE FILL FROM PREMISES AT NEW HACKENSACK ROAD AND ST. NICHOLAS AVENUE, TOWN OF WAPPINGER WHEREAS, David Alexander has petitioned the Town Board of the Town of Wappinger for its permission to remove fill from premises located on St. Nicholas Road, and New Hackensack Road, Town of Wappinger, and WHEREAS the Town Board of the Town of Wappinger has had an oral report from the Building Inspector, NOW, THEREFORE, BE IT RESOLVED THAT the Town Board hereby consents to the removal of fill from the property of David Alexander located at New Hackensack upon the following conditions: 1. All operations for the removal of fill or other material shall be conducted on said property so as to maintain the same grade as adjoining properties in all areas within 50 feet of the boundary lines of such adjoining properties. 2. At a point beginning no closer than 50 feet from adjoining property a gradual descending embankment shall be constructed, and where possible, seeded, and the remaining premises shall be maintained at least 2 feet above the grade of the adjoining public streets. At no point on the premises shall an excavation be permitted below a grade at least 2 feet above such adjoining streets. 3. David Alexander shall provide a map or plan showing the premises and further indicating thereon a line at least 50 feet from adjoining properties; street lines and a topographical survey indicating the property as it will be developed in accordance with paragraphs 2 and 3 of this resolution. 4. David Alexander shall also post with the Town Clerk a performance bond in the sum of $10,000.00 running to the Town of Wappinger guaranteeing the completion of work on such premises in accordance with the above specifications. Such bond shall run for a period of I year. 5. Upon presentation of the aforementioned bond to the Town Clerk, David Alexander may commence removal of the fill. Within 30 days thereafter, the topographical map showing proposed grades shall be presented to the Town Board. 6. No operations shall be conducted except during the hours set forth in the Zoning Ordinance. 7. No wash operations shall be conducted. Seconded by: Mr. Mills Roll Call Vote: Mr. Diehl: Aye Mr. Clausen: Aye Mr. Finnan: Aye Mr. Heady: Aye Mr. Mills: Aye Resolution duly adopted June 24, 1968. Mr. Alexander mentioned further that he would deed over a portion of his property to help to straighten out a dangerous curve on St. Nicholas Road. Mr. Rappleyea commented that of course that wasn't in the Resolution and not binding on Mr. Alexander. Letters were also received. from Mr. & Mrs. William Berg and Mrs. Barbara Otis - the Board read them, regarding Mr. Alexander's Operation and have been cons- idered. Mr. Diehl called for a recess at 9:09 P.M.. Mr. Diehl called the meeting back to order at 9:19 P.M. Mr. Mills moved the meeting be adjourned. Seconded by Mr. Heady and unanimously carried. Meeting adjourned at 9:20 P.M.. Elaine H. Snowden Town Clerk A Public Hearing on a Local Law to pr©vide for the continuity of government of .the Town of Wappinger, New York, in the event of an attack or public disaster, was held on Monday, June 24th, 1968 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl opened the hearing at 9:00 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Jr. Councilman Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town The Town Clerk offered for the record the Affidavits of Posting and Publication, duly sworn to and notariezed. The following notice of Public Hearing was Read: Please take notice that a public hearing will be held by the Town Board of the Town of Wappinger, in the Town Hall, Mill Street, Wappingers_ Falls, New York, on the 24th day of June, 1968, at 9:00 o'clock, P.M. Eastern Daylight Saving Time, for the purpose of hearing all persons concerning a local law entitled "Local Law to provide for the continuity of government of the Town of Wappinger, New York, in the event of an attack or public disaster." s/ Elaine H. Snowden Town Clerk Town of Wappinger The Town Clerk read the following Local Law: A LOCAL LAW to provide for the continuity of government of the Town of Wappinger, New York, in the event of an attack or public disaster. - BE IT ENACTED by the Town Board of the Town of Wappinger, New York, as follows: Section 1. Intent. The New York State defense emergency act, in section 29A thereof, authorizes political subdivisions of the state to provide for the continuity of their governments in the event of an actual or imminent attack upon the United States by an enemy or foreign nation. The general municipal law, in Section 60 thereof, authorizes political subdivisions to provide for the continuity of their governments in the event of other public disasters, catastrophes or emergencies. Based on the Authority contained in such laws this local law is adopted so that onsuchoccasionsthe government of the Town of Wappinger, New York, may continue to function properly and efficiently under emergency circumstances. Section 2. Definitions. As used in this local law the following terms shall mean and include: a. "Attack.". Any attack, actual or imminent, or series of attacks by an enemy or foreign nation upon the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shell fire, or nuclear, radiological, chemical, bacteriological, or biological means or other weapons or processes. b. "Public disaster." A disaster, catastrophe or emergency, actual or imminent, of such unusual proportions or extent that (1) a substantial number of the residents of the Town of Wappinger either sustain injury, become ill, are infected with disease, have their lives imperiled, are killed or die as the result of injury, disease or exposure, or the property of a substantial number of such residents is imperiled, damaged, or destroyed, and (2) it is necessary and essential in the interest of public safety, health and welfare that the continuity of the government of the Town of Wappinger be assured in order that it be enabled to function properly and efficiently and to exercise its essential powers in meeting emergency conditions. Such disasters, catastrophes and emergencies may include, but shall not be limited to, conflagrations, explosions, earthquakes or other convulsions of nature, floods, tidal waves, pestilence, riots, insurrections, storms, prolonged failure of electric power or essential transportation services, or any incident or occurrence which causes or threatens to cause danger to life, health or property from exposure to noxious materials or radiation. c. "Duly authorized deputy." A person authorized to perform all the powers and duties of a public office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer, where such authorization is provided pursuant to the provisions of any general, special, or local law other than this local law. d. "Emergency interim successor." A person designated pursuant to this local law for possible temporary succession to the powers and duties, but not the office, of a Town officer in the event that neither such officer nor any duly authorized deputy is able, due to death, absence from the Town, or other physical, mental, or legal reasons, to perform the powers and duties of the office. Section 3. Designation, status, qualifications and terms of designation of emergency interim successors. a. Elective officers. Within thirty days following the effective date of this local law, and thereafter within thirty days after entering upon the duties of his office, each elective officer shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to the powers and duties of his office and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three duly authorized deputies or emergency interim successors, or combination thereof, to perform the powers and duties of the office. b. Appointive officers. Each officer or body of officers empowered by law to appoint officers shall within the time specified in subdivision "a" of this section, in addition to any duly authorized deputy, designate for each such appointive officer such number of emergency interim successors to such officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three duly authorized deputies or emergency 13 interim successors, or combination thereof, for each such officer. Where such a body of officers consists of members having overlapping terms, such body of officers shall review and, as necessary, revise the previous designations of emergency interim successors by such board within thirty days after a new member elected or appointed to such body of officers first enters upon the duties of his office as a member of such body of officers. c. Review of designations. The incumbent in the case of those elective officers specified in subdivision "a" of this section, and the appointing officer or body of officers specified in subdivi- sion "b" of this section shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three duly authorized deputies or emergency interim successors, or combination thereofk for each elective and appointive officer of the Town. d. Qualifications. No person shall be designated to, nor serve as, an emergency interim successor unless he is legally qualified to hold the office of the person to whose powers and duties he is designated to succeed. e. Status of emergency interim successor. A person desig- nated as an emergency interim successor shall hold that designation at the pleasure of the designator and such a designation shall remain effective until replaced by another by the authorized designator. f. Compensation. An emergency interim successor shall serve without salary, unless otherwise provided by local law. He shall, however, be entitled to reimbursement for actual expenses necessarily incurred in the performance of his powers and duties. Section 4. Assumption of powers and duties of officer by emergency interim successor. If, in the event of an attack or a public disaster, an officer described in subdivision "a" or subdivision "b" of Section 3 of this local law, or his duly authorized deputy,, if any, is unable, due to death, absence from the Town, or other physical, mental, or legal reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in order of succession who is able to perform the powers and duties of the office shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such officer. An emergency interim successor shall perform such powers and duties only until such time as the lawful incumbent officer or his duly authorized deputy, if any, resumes the office or undertakes the performance of the powers and duties of the office, as the case may be, or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law. The authority of an emergency interim successor performing the powers and duties of an office shall not terminate upon the subsequent availability of an emergency interim successor higher in rank in order of succession. Section 5. Recording and publication of designations. The name, address and rank in order of succession of each duly authorized deputy and emergency interim successor shall be filed with the Town Clerk and each designation, replacement, or change in order of succession of any emergency interim successor shall become effective when the designator files with such clerk the successor's name, address and rank in order of succession. Such clerk shall keep an up-to-date file of all such data regarding duly 13 8D authorized deputies and emergency interim successors and the same shall be open to public inspection. The Clerk shall notify in writing each designated person of the filing of his name as an emergency interim successor and his rank in order of succession and also shall notify in writing any person previously designated who is replaced or whose place in order of succession is changed. Section 6. - -Qualification for taking office. At the time of their designation, or as soon thereafter as possible, emergency interim successors:,,shall take such oath and do such other things, if any, as may be required to qualify them to perform the powers and duties of the office to which they may succeed. Section 7. Quorum and vote requirements. In the event of an attack or a public disaster, the Supervisor, or his duly authorized deputy or emergency interim successor performing his powers and duties, may suspend quorum requirements for the Town Board. If quorum requirements are suspended, any local law, ordinance, resolution, or other action requiring enactment, adoption, or approval by an affirmative vote of a specified proportion of members may be enacted, adopted or approved by the affirmative vote of the specified proportion of those voting thereon. Section 8. Separability clause. If any section, subdivision, sentence, clause, phrase or portion of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, subdivision, sentence, clause, phrase or portion thereof directly involved in the controversy in which such judgment shall have been rendered. Section 9: = Effective date. This local law shall take effect upon its adoption and the filing of one certified copy thereof with the Town clerk, one certified copy in the office of the state comptroller and three certified copies in the office of the secretary of state. Mr. Rappleyea, Attorney to the Town, explained that each official shall provide a successor, but he would not be a member of the existing Board. The Supervisor asked the public for comments for or against. There were none. Supervisor Diehl closed the hearing at 9:15 P.M. OA`� Elaine H. Snowden Town Clerk 1 111 111 1111 11 II 11,11 1 111111 1 1 W. and S. NEWS DISPLAY ADVERTISING AX 7 — 3724 D CLASSIFIED ADVERTISING 20 EAST MAIN STREET • WAPPINGERS FALLS, N.Y, Public Notice 1 PLEASE TAKE NOTICE that a public hearing will be held by the TOWN BOARD of the TOWN OF WAPPINGER, in the Town Hall, Mill Street, Wappingers Falls, New York, on the 24th day of June., 1968, at 9:00 o'clock P.M. Eastern Daylight Saving Time, for the •purpose of hearing all pentons concerning a local law entitled "Local Lawto provide for the continuity of government of the Town of .Weppinger, INew York, Ih the event of an attack or public disaster." ELAINE H. SNOWDEIV Town Clerk, Town of Wappingel y of June, 1 1 1 1111 101E1111 11 1 11111.111•11=11111 AFFIDAVIT OP PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. 6WEIV19%r.41tFP of the Town of Wappinger, Dutcheu County, New Yak; being duly' sworn. rays that; he is. and 4t the several times hereinafter was, the. Cq ;,ditQ1:?944i44r of W. & S.D. NEWS. a newspaper printed and published every Thursday in the year In the Town of Wappinger. Dutcheu County, New York. and that the annexed• NOTICE was duly published In the said newspaper for one week succeuively once in each week. commencing on the....l3fb... day .f.....J 1968, and on the following dates thereafter, namely on v4 and ending on the...l?.1k ...day of...11►4p 19M both days inclusive. . Subscribed and sworn to befog 3 day of. ti • t My commission expires • Notary Public v . 9