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2006-2422006-242 Resolution Introducing Local Law No. of the Year 2007, Creating Article VII of Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance — Removal of Snow and Ice and Debris" 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 December 11", 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 Valdati and seconded by Councilman Bettina. WHEREAS, both the Town Board and the Planning Board have committed to a program for requiring sidewalks to be constructed in various areas of the Town; and WHEREAS, once constructed, these sidewalks and all sidewalks which are already in -- existence must be appropriately maintained in order to provide for safe use by pedestrians; and WHEREAS, The Town Board has such determined that it is in the best interest of the residents of the Town as well as the pedestrian public utilizing the sidewalks, to enact a Local Law to provide for the prompt removal of snow and ice and debris from all sidewalks located in the Town of Wappinger by owners and occupants of the premises adjacent to or abutting those sidewalks; and WHEREAS, the enactment of this Local Law will mandate the prompt removal of snow and ice and debris from all sidewalks located in the Town and establish appropriate penalties and fines for the failure to abide by this Local Law; and WHEREAS, the Town Board has determined that it is in the best interest of the residents of the Town to create Article VII of Chapter 14 of the Town of Wappinger Code entitled "Sidewalk Maintenance- Removal of Snow and Ice and Debris". WHEREAS, the Town Board has determined that it is further necessary to amend Chapter 122 of the Town of Wappinger Code to reflect a fine and penalty schedule related to this Local Law; and WHEREAS, this a Type II 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) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR (Parts (617). 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 2007 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type H 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 8th day of January 2007, 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 12/11/2006 The Resolution is hereby duly declared adopted. HN C. MASTERSON, TOWN CLERK