2016-226 2016-226
Resolution Introducing Local Law No. 7 Of The Year 2016, "A Local Law Of The Town Of
Wappinger, Dutchess County, New York To Abolish The Positions Of Elected
Superintendent Of Highways And Appointed Position Of Deputy Highway Superintendent
And Create The Positions Of Administrator Of Highways And Deputy Administrator Of
Highways"
At a Special 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
15, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-226
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
Q Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Next:12/21/20 12:00 AM Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, the Town Board of the Town of Wappinger has determined that it is in the
best interests of the Town to submit to the voters of the Town a proposition to abolish the
position of elected Superintendent of Highways and the position of appointed Deputy Highway
Superintendent effective December 31, 2016 and to create an appointed position of
Administrator of Highways and an appointed position of Deputy Administrator of Highways
which is accountable to the Town Board for actions that are detrimental to the Town of
Wappinger; and
WHEREAS, to create such accountability the position of elected Superintendent of
Highways must be abolished; and
WHEREAS, since the intent of the Town Board is to abolish the position of elected
Superintendent of Highways, the Town Board also elects to eliminate the position of appointed
Deputy Highway Superintendent and create an appointed position of Deputy Administrator of
Highways;
WHEREAS, the Town has the power to establish by Local Law the powers, duties,
qualifications, mode of selection and removal, and the terms of office of its officers and
employees pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1) and § 23.2.e.; and
WHEREAS, the authority under Municipal Home Rule Law § 10 (1)(ii)(a)(1)
specifically includes, but is not limited to, the creation or discontinuance of departments of its
government and the prescription or modification of the powers and duties of Town Officers; and
WHEREAS,pursuant to Municipal Home Rule Law § 23, this Local Law is subject to a
mandatory referendum and must be approved by an affirmative vote of a majority of the
qualified electors of the Town; and
WHEREAS, the Town Board intends to fulfill the mandatory referendum requirement by
placing the issue at the next general election of the Town to be held on November 8, 2016.
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. 7 of the Year
2016 in the form annexed hereto.
3. The Town Board determines that the enactment of the aforementioned Local Law
is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Code of the Town
of Wappinger (the Town's Environmental Quality Review Law) which establishes locally
designated Type I actions.
The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law
No.7 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the day of August, 2016, at 7:30 p.m., and the Town Clerk is directed to post the
Notice of the Public Hearing 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:
RESULT: TABLED [UNANIMOUS] Next: 12/21/2020 12:00 AM
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
8/15/2016
The Resolution is hereby duly declared Tabled.
JOSSP P. PAOLONI, TOWN CLERK