2006-182' 4-
COPY
CoPY
2006-182
F
Resolution Introducing Local Law No. of the Year 2006, Creating Chapter 85 of the
Town Code, Uniform and Energy Codes, Repealing Chapter 24 of the Town Code and
Amending Section 122-20 (B) 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 August
28th, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, it has come to the attention of the Town Board that the New York State
Legislature has recently modified the New York State Uniform Fire Prevention and Building Code
(hereinafter referred to as "Uniform Code") and New York State Energy Conservation Construction
Code (hereinafter referred to as "Energy Code'); and
WHEREAS, the Town Board has determined that the current Town ordinance and Local
Law for administering and enforcing the Uniform Code and Energy Code were not incorporated
into the Town Code; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens of
the Town of Wappinger to adopt a Local Law to reconfirm the authority and responsibility of the
Town of Wappinger to administer and enforce the New York State Uniform Fire Prevention and
Building Code and the New York State Energy Conservation Construction Code as authorized by
the Legislature; and
WHEREAS, the Town Board has determined that it is further necessary to amend Section
122-20 B of the Town of Wappinger Code to reflect an updated fine schedule associated with the
adoption of the Uniform and Energy Codes; and
WHEREAS, this is a Type R action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise
exempt from environmental review pursuant to the New York State Environmental Review Act
(SEQRA).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby introduces for adoption Local Law No._ of 2006 in the
form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and,
accordingly, the Town Board hereby expressly determines that this action is not
an action that requires review pursuant to the provisions of New York State
Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or
pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. —
of 2006 to be held at Town Hall, 20 Middlebush Road,
Wappingers Falls, New York on the 25th day of September 2006, at 7:30 p.m., and
the Town Clerk is directed to post the Notice of the Public Hearing in the form
annexed hereto and to publish same in the Southern Dutchess News and
Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
ROBERT L. VALDATI, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/28/2006
D
The Resolution is hereby duly declared adopted.
c
OHN C. MA TERSON, TOWN CLERK