2008-2452008-245
Resolution Introducing Local Law No. of the Year 2008, Amending Chapter 103 of
the Wappinger Code to Increase Exemption Limits on Construction Contracts
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
11, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (arrived at 7:07 PM)
Vincent F. Bettina (departed at 9:32 PM)
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Paoloni.
WHEREAS, the Town Board adopted Local Law 3 of 2005 which created Chapter 103
of the Town Code which requires that contractors entering into construction contracts with the
Town of Wappinger are required to have apprenticeship agreements appropriate for the type and
scope of work to be performed and which have been registered with, and approved by, the New
York State Commissioner of Labor in accordance with Article 23 of the New York State Labor
Law, notwithstanding anything to the contrary contained in § 103 of the New York General
Municipal Law or the procurement policy of the Town of Wappinger pursuant to Chapter 46 of
the Code of the Town of Wappinger; and
WHEREAS, Local Law 3 of 2005 provides that Construction Contracts for less than
$20,000.00 are exempt from its provisions; and
WHEREAS, most contractors submitting bids for construction contracts for the Town of
Wappinger for work less than $500,000.00 are individuals or small contractors with few
employees and have not established apprenticeship programs in accordance with Article 23 of
the New York State Labor Law; and
WHEREAS, the exemption for separate contracts set forth under the Wicks Law
(General Municipal Law § 101(1) for Towns) was increased from $50,000.00 to $500,000.00 by
Part MM of Chapter 57 of the Laws of 2008; and
WHEREAS, in several instances, no contractors bidding on the proposed public works
contract for the Town have had apprenticeship programs which has required the contracts to be
re -advertised and re -bid adding additional expense to the Town of Wappinger; 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 modifying the provisions of Chapter 103 of the
Town of Wappinger Code increasing the exemption from $20,000 to $500,000.00 to reflect the
increase in the Wicks Law exemption; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
action pursuant to Article 8 of the Environmental Conservation Law and Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's
Environmental Quality Review Law); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and the Town Board is therefore, by default,
Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED:
L 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 consideration of its adoption proposed
Local Law No. of the Year 2008 in the form armexed hereto; except as specifically
modified by the amendments contained therein, the Chapter 103 as adopted and amended from
time to time thereafter is to remain in full force and effect and is otherwise to be ratified,
readopted and confirmed.
3. The Town Board has caused to be prepared a Short Form EAF and has reviewed
the proposed action pursuant thereto and hereby determines that the proposed action will not
have a significant impact on the environment and hereby makes a Negative Declaration of
Significance with respect to the proposed amendments to the Town of Wappinger Code.
4. The Town Board hereby schedules a Public Hearing regarding the proposed
adoption of the annexed Local Law No. of 2008 for 7:00 P.M., on the 8th day of September
2008, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the
Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the
Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less
than ten (10) days prior to said public hearing date.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/11/2008
The Resolution is hereby duly declared adopted.
.6
?IN C. MA TERSON, TOWN CLERK
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION To be completed b A licant or Pro'ect Sponsor)
1. APPLICANT/SPONSOR2.
PROJECT NAME
TOWN OF WAPPINGER, DUTCHESS COUNTY
Local Law to Increase Exemption on Contrsruction Contracts
3. PROJECT LOCATION:
Municipality TOWN OF WAPPINGER County DUTCHESS COUNTY
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
TOWN WIDE
5. PROPOSED ACTION IS:
❑✓ New ElExpansion ❑ Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
The purpose of the proposed Local Law is to increase the exemption set forth in Chapter 103 of the Town of Wappinger Code for
Construction Contracts with respect to the establishment of an apprenticeship program from $20,000.00 to $500,000.00 in order to
make the exemption coincide with the limits set forth in the Wicks Law.
7. AMOUNT OF LAND AFFECTED:
Initially N/A acres Ultimately N/A acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑✓ Yes ❑ No If No, describe briefly
N/A
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
0✓ Residential ❑✓ Industrial 2✓ Commercial ❑✓ Agriculture ✓❑ Park/Forest/Open Space 12 Other
Describe:
Applies to all Town Construction Contracts.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
E]Yes ❑✓ No If Yes, list agency(s) name and permit/approvals:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
RYes 0✓ No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑ Yes Z✓ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Town of Wappinger Date: August 11, 2008
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
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PART II - IMPACT ASSESSMENT (To be completed by Lead Aaencv)
A.
DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
❑ Yes z✓ No
B.
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
Yes z✓ No
C.
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None
C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None
D.
WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
11 Yes ❑✓ No If Yes, explain briefly:
E.
IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
7 Yes 7 No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the
EAF and/or prepare a positive declaration.
0✓ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determin
Town of Wappinger, Town Board August 11, 2008
Name of Lead Agency Date
Christopher Colsey Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer)
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