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2003-111RESOLUTION NO. 2003-111 RESOLUTION AUTHORIZING ZONING ADMINISTRATOR TO ATTEND EFFECTIVE ZONING ADMINISTRATION TECHNIQUES CLASS At the 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 the 14d' day of April, 2003, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero ABSENT: Councilmen - Robert L. Valdati Vincent F. Bettina Christopher J. Colsey Joseph Paoloni The following Resolution was introduced by Mr . Va 1 d a t i and seconded WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, to attend the University of Wisconsin's Effective Zoning Administration Techniques Class in Albuquerque, New Mexico on June 23, 24,and 25, 2003. NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger is hereby authorized to attend the University of Wisconsin's Effective Zoning Administration Techniques Class in Albuquerque, New Mexico on June 23, 24,and 25, 2003, at a cost not to exceed Four Hundred, Ninety -Five Dollars ($495) for registration, Three Hundred, Seven Dollars ($307) for airfare, and Eighty-two Dollars ($82) per night for hotel accommodations. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Ave ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting A:,P JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: Wappingers Falls, New York April 14, 2003 The Resolution is hereby duly declared adopted. ZONING ADMINISTRATOR TATIANA LUKIANOFF March 24, 2003 TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6257 FAX: (845) 297-4558 Honorable Joseph Ruggiero, Supervisor Town Board Members Town of Wappinger RE: Request to attend Zoning Course June 23-25, 2003 Dear Mr. Ruggiero and Councilmen, RECEIVED MAR 2 42003 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI TF EOWN OWAPINGR I respectfully request permission to attend the 33rd annual course for Zoning offered by the University of Wisconsin. It is to be held June 23 through the 25th, 2003, in Albuquerque, New Mexico. Having attended these specialized courses the last two years in Charlotte, North Carolina, I can attest to the high level of the material presented as well as to the professionalism of the instructors. This year the course planners have not included Charlotte in their schedule. I have calculated the costs involved and have found that neither the cost nor the time involved would exceed that expended the last two gars I have attended. I would very much like to attend the three-day training session and urge you to peruse the enclosed course outline. I have searched the web for zoning seminars closer to home but have not been able to locate any with a similar intensified agenda. Thank you very much for your consideration. Very truly yours, Tatiana Lukianoff Zoning Administrator enclosed Practical Information, Update on Current Valuable Take-home Proven Techniques Issues Materials This course focuses on effective techniques for the implementation and enforcement of zoning and other land -use regulations. In addition to traditional enforcement methods, you will learn about methods to gain compliance through community involvement and alternative resolution of disputes. Key Topic Areas • Effective code -enforcement procedures • Community involvement • Alternatives to enforcement • Working with the zoning board of appeals/board of adjustments • Negotiating with developers • Consistency with comprehensive plan • Using technology in zoning administration and enforcement The course includes discussion of current issues and legal decisions and their impact on land -use regulations. Topics will include • sign regulations • religious land uses • use of GIS and Web -based technologies to improve access to land -use information Attend and Benefit Anyone who is involved in administration or enforcement of land -use regulations can benefit from this course, including: • planners • zoning administrators • zoning inspectors/ enforcement officers • municipal managers • attorneys • elected officials and others Enroll online today! http://epdweb.ongr.wisc.edu/brochures/ES93.html You will take home a course notebook that includes materials prepared by the instructors and also other resources useful for implementing the zoning administration techniques presented in the course. Course Outline Monday 7.30 Registration February 24 in Orlando, FL May 5 In Madison, WI June 23 In Albuquerque, NM See Locations/Accommodations section for location details. 8:15 Introduction Benjamin J. Jordan Program Director University of Wisconsin -Madison 8:30 Responsibilities of the Zoning Enforcement Official • Duties set forth in enabling statutes/ordinances • Objectives of zoning enforcement • Written policies/procedures • Inspector discretion • Faimess/civil rights • Liability Herbert W.A. Thiele, Esq. County Attorney Leon County, Florida Outline continues... ...outline continued 9:30 Complaints, inspections and Violation Investigations • Complaint -handling procedures • Inspector -initiated enforcement • Inspection programs • Right-of-access/trespassing • Search warrants • Evidence gathering Herbert W.A. Thiele, Esq. 10:15 Coffee and Conversation 10:45 Violation Notice and Legal/ Court Process • Verbal and written communication prior to notice • Written notice form • Written notice content • Alternative forms of notice • Compliance deadlines • Initiating legal proceedings • Documentation evidence • Court proceedings Herbert W.A. Thiele, Esq. 12:00 Lunch 1:00 Variance Requests 1:45 Approaches to Enforcement for Special Land-Use/Zoning Issues • Adult entertainment • Public nuisance • Home occupations • Residential occupancy limits • Religious land use Herbert W.A. Thiele, Esq. 2:45 Refreshments 3:00 Consistency with the Comprehensive Plan Lessons from Pinecrest Lakes, Inc. v. Shidel 5:00 Adjourn 5.15 Social Hour Tuesday 8:30 Community Involvement and Outreach for Zoning Compliance • Community-based initiatives • Neighborhood programs • Dispute mediation Carl 1. Sivertsen Health Department County of Fairfax, Virginia l o.00 Coffee and Conversation 10.30 Administrative Adjudication of Zoning Violations • Adjudication process • Enabling laws • Adjudication ordinance • Training of adjudicators • Adjudication procedure • Adjudicator independence • Administrative adjudication success stories Kathleen Field Orr Kathleen Field Orr and Associates Chicago, Illinois 12.00 Lunch 1:00 Workshop Sessions Session A: Negotiating with Land Owners and Developers • Negotiation process • Mock negotiation exercise • Critique of results Session B: Working with the Zoning Board of Appeals • Meeting management • Decision-making process • Mock zoning board of appeals meeting exercise • Critique of results Michael Chandler 2.30 Refreshments 2.45 Workshop Sessions Continued 4.30 Adjournment Wednesday 8.30 Sign Ordinances. Crafting, Drafting and Successfully Enforcing • Constitutional issues • Recent case law • Elements of good ordinance • Enforcement procedures William J. Kearns Jr. Kearns, Vassallo, Guest & Kearns Willingboro, New Jersey 10:00 Coffee and Conversation 10:30 Religious Land Use and Institutionalized Persons Act (RLUIPA) Update • Provisions of the act • Effect on enforcement of land - use regulations • Recent case law William J. Kearns Jr. 12:00 Lunch 1:00 Technology for Zoning Administration and Enforcement Case Studies • GIS • Web -based technology • Mobile technology for field use 2.15 Refreshments 2:30 Technology Case Studies Continued 3:30 Final Adjournment Your Instructors Dr. Michael Chandler is a professor and Extension specialist in the Department of Agriculture and Applied Economics at Virginia Polytechnic Institute and State University. Dr. Chandler has 29 years of experience as a planning educator including sponsorship of the award- winning Virginia Certified Board of Zoning Appeals and Virginia Certified Planning Commissioners Programs. He has presented planning commissioners training programs in more than 40 states. He is a member of the American Planning Association (APA) national board of directors and is serving his fifth term on the Blacksburg, Virginia Town Council. William J. Kearns Jr. is senior partner in the firm of Kearns, Vassallo, Guest & Kearns, located in Willingboro, Burlington County, New Jersey. He is the general counsel for the New Jersey State League of Municipalities and is the municipal attorney for Florence and Willingboro Townships. He has served as chair of the Local Government Law Section of the New Jersey State Bar Association. He is a past president of IMLA (1999- 2000) and was one of the first to receive the designation as an IMLA Local Government Fellow. He has lectured and written on a number of local government and legal topics for the New Jersey Institute for Continuing Legal Education, the New Jersey Municipal Law Review, the New Jersey State League of Municipalities, and IMLA. Kathleen Field Orr is the founding partner of Kathleen Field Orr and Associates, Chicago, Illinois, a law firm specializing in local government law. Ms. Orr has written municipal administrative adjudication ordinances and provides training for administrative adjudication hearing officers. She has served as city attorney for several municipalities in Illinois. She is a member of the Home Rule Attorney's Committee of the Illinois Municipal League and has served as chair of the Local Government Section Council of the Illinois Bar Association. She is the author of numerous articles on municipal law. Carl I. Sivertsen is an administrator in the Health Department of the County of Fairfax, Virginia. Prior to his Health Department appointment, he served as the deputy zoning administrator, zoning enforcement branch for 10 years. He has implemented community involvement programs including an award-winning neighborhood volunteer program. He is also chairman of the Planning Commission for the Town of Herndon, Virginia. Herbert W.A. Thiele, Esq. is the county attorney for Leon County, Florida. He has served as Leon County Attorney for 12 years. He has lectured and written articles on local government matters, including zoning, land use and comprehensive planning. 33rd Annual Effective Zoning Administration Techniques 11th Annual Successful Management of Planning and Zoning Departments r Phone: Mail to: 800-462-0876 or Engineering Registration, The Pyle Center II 608-262-1299 (TDD 265-2370) 702 Langdon Street, Dept. 106 Need to Know More? Call toll free 800.462-0876 and Internet: Madison, Wisconsin 53706 http://epdweb.engr.wisc.edu/ Fax: ask for brochures/E893.html 800-442-4214 or 608-265-3448 Program Director: Course Information Benjamin J. Jordan Please enroll me in Effective Zoning Administration Techniques Program Assistant: ❑ Course #E885 February 24-26, 2003 in Orlando, Florida Fee: $495 Ann Hicks ❑ Course #E671 May 5-7, 2003 in Madison, Wisconsin Fee: $495 Or e-mail ❑ Course #E892 June 23-25, 2003 in Albuquerque, New Mexico Fee: $495 custserv@epd.engr.wisc.edu Please enroll me in Successful Management of Planning and Zoning Departments General Information ❑ Course #E893 June 26-27, 2003 in Albuquerque, New Mexico Fee: $495 ❑ 1 cannot attend at this time. Please send me brochures on future courses. Fee Covers Notebook, course materials, break refreshments, Personal Information (Please print clearly.) lunches and certificate. Name Title Cancellation If you cannot attend, please notify us at least seven days before the course starts, and we will Company Address refund your fee. Cancellations received later than seven days before the course will be billed $150. No- shows and cancellations made after City/State/Zip the course starts will be billed the full course fee. You may enroll a Phone ( ) Fax ( ) substitute at any time before the E-mail course starts. Additional Enrollees _. Earn Continuing Name Education Credits Title By participating in Effective Zoning E-mail Name Administration Techniques, you will earn 1.8 Continuing Education Units (CEU) and 18 Professional Development Hours (PDH). Title By participating in Successful Management of Planning and Zoning E-mail Billing Information Departments, you will earn 1.2 ❑ Bill my company ❑ P.O. or check enclosed (Payable in U.S. funds to UW -Madison) Continuing Education Units (CEU) and 12 Professional Development ❑ ® ❑ ® ❑ Hours (PDH). Cardholder's Name Card No. Expires Important—please enter ❑ Please check the box Ityou are aperson with adisability and uW#Fli the 3 -digit UW# Code desire special accommodations. A customer service from the mailing label. I representative will contact you. Requests will be kept confidential. For http:/ ins ogs/