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1998-02-09 RGM020998.WS The Workshop Meeting of the Town of Wappinger was held on February 9, 1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 6:00 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The first item was a Special Executive Session in order to discuss the appointment of a Chairman for the Planning Board. The meeting reconvened at 6:20 P.M. with all Board Members present. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption. RESOLVED, that Philip DiNonno be and he hereby is appointed to fill the vacancy of Chairman on the Planning Board of the Town of Wappinger which has occurred by reason of the resignation William Parsons, and it is further RESOLVED, that the said Philip DiNonno, be and he hereby is appointed to fill such vacancy for the remainder of the term which shall expire on January, 1999. Seconded by Mr. Paoloni Roll Call Vote Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni Vote Aye Aye Aye Aye Aye Motion Unanimously Carried Prior to the vote, MR. BETTINA wished to stress, that the individuals who serve on the Board, are appointed by the Town Board, and serve at the pleasure of the people who are elected. Anyone who is a resident of the town can serve on the ZBA, Planning Board, or Recreation. These positions are open to everyone. SUPERVISOR SMITH wished to thank everyone for their time and effort and especially Mr. DiNonno for coming forward. MR. RUGGIERO also wished to thank Mr. DiNonno for coming forward and help end this constitutional crisis for the Town. He felt that each Planning Board member was justified in their personal reasons for not stepping forward. 1 020998.WS This would not have been positive for the town if the Town Board had to remove the Planning Board. MR. VALDATI congratulated Mr. DiNonno for coming forward, its a positive move, and we are ready to resume. The following Town Board Statement was moved by COUNCILMAN RUGGIERO and seconded by Mr. Bettina. WHEREAS, this Town Board has previously urged any of the members of its Planning Board to step forward and accept the nomination to serve as its Chairman; and WHEREAS, each and every member of its Planning Board has previously failed and refused to accept the nomination to serve as its Chairman; and WHEREAS, as a consequence of the foregoing, this Board, in order to ensure the orderly flow of the Town's business, adopted a Resolution directing a Public Hearing to be had for the purpose of removing the Planning Board membership for cause; and WHEREAS, a Planning Board member, PHILIP DINONNO, has presently advised this Town Board that he will serve as Planning Board Chairman if nominated and appointed; and WHEREAS, this Town Board is satisfied that it has established and affirmed its unfettered right to appoint the Chairman of its Planning Board; and WHEREAS, this Town Board is of the collective opinion that for the good of the Town and the conduct of the Town's business will be best served by nominating and appointing PHILIP DINONNO to serve as Chairman of the Town of Wappinger Planning Board. NOW, THEREFORE, be it resolved that this Town Board does nominate and appoint PHILIP DINONNO to serve as Chairman of the Town of Wappinger Planning Board; and BE IT FURTHER RESOLVED, that all pending charges made against the existing membership of the Town of Wappinger Planning Board shall be and hereby are deemed withdrawn with prejudice. Motion Unanimously Carried There was discussion going over Regulations and Policy for the Codification for the Town of Wappinger. Al Roberts Attorney to the Town said he had reviewed the codification for Zoning Laws with Jay Paggi, Dan Wery and Dave Stolman. The review revealed that a number of the documents included are not the latest version. It has been reported, and it will be corrected in the final version. In addition, there are presently pending a number of amendments which Mr. Roberts is recommending we adopt first. 2 020998.WS This will insure that the code will be up to date on important pieces of legislation through the date of its adoption. At this time, Dan Wery and Dave Stolman of Clark Associates went over the codification of Zoning Laws with the Board. A Public Hearing having been held on a proposed Local Law Exempting the Residency Requirements for the Position of Building Inspector in the Town of Wappinger, the matter of its adoption was now placed before the Board for their consideration. The following resolution was moved by COUNCILMAN RUGGIERO and seconded by Mr. Bettina LOCAL LAW #2 OF 1998 TOWN OF WAPPINGER BE IT ENACTED, by the Town Board of the Town of Wappinger as follows: Section 1: Legislative Intent & Purpose. 1. The Town Board acknowledges that Section 23.1 of the Town Law of the State of New York requires every officer of the Town at the time of his/her appointment and throughout his/her term of office to be an elector of the Town. An elector of the Town must be a resident of the Town. The position of Building Inspector of the Town of Wappinger is an officer of the Town, and, accordingly, pursuant to Section 23 of the Town Law, must be an elector and resident of the Town of Wappinger. However, Section 23.3 of the Town Law provides that persons performing the position of Building Inspector in the Town of Mount Pleasant, Westchester County are not required to be electors of such Town. Additionally, pursuant to Public Officers Law Sections 3.17, 3.18 and 3.22, the State Legislature has exempted the residency requirement for the Building Inspector in the Towns of North Salem, Mount Pleasant and Lewisboro in Westchester County. 2. Section 10 of the Municipal Home Rule Law of the Sate of New York authorizes a Town to adopt by Local Law for its own purposes, any statutory provision, amendment or exemption which has been expressly authorized by the State Legislature for any other named Town, thereby superseding general statutory provisions to the contrary. 3. There presently is a vacancy in the position of Building Inspector in the Town of Wappinger. The town Board has interviewed a number of candidates for the position of Building Inspector, however, none of the candidates were residents of the Town of Wappinger. The 3 020998.WS Dutchess County Civil Service Department has provided the Town with a list of eligible candidates for the position of Building Inspector, however, only one candidate was a resident of the Town, and that person has declined the position. The Town Board has determined that the position of Building Inspector is one requiring special skills, training and sensitivity, and that the best interests of the residents of the Town of Wappinger would be served by not limiting the position to electors of the Town. 4. The purpose and intent of this Local Law is to enable the Town Board to appoint a non-resident of the Town of Wappinger to the position of Building Inspector. Section 2: Exemption of Residency Requirement for Building Inspector. In accordance with the Legislative Intent noted above, the person appointed to the position of Building Inspector in the Town of Wappinger shall not be required to be an elector or resident of the Town of Wappinger in order to hold and serve such position. Section 3: Separability. The provisions of this Local Law are separable and if any provisions, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional or in applicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, works or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that his Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 4: Supersession. Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are intended to supersede any inconsistent or contrary provisions contained in the New York State Constitution or in Town Law Sections 20 and 3, or Public Officers Law Section 3. Section 5: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. G! 020998.WS Motion Unanimously Carried The next item for the Boards consideration is to approve the contract with Sloper-Willen Ambulance, with the Town of Wappinger and authorize the Supervisor to sign. COUNCILMAN RUGGIERO moved to approve the contract between Sloper- Willen Ambulance, and the Town of Wappinger, and authorize the Supervisor to sign. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business at the workshop meeting. COUNCILMAN RUGGIERO moved to close the meeting, seconded by Mr. Bettina and unanimously carried. The meeting closed at 7:40 P.M. (77� 1 1 C-) " t mA t.n Elaine H. Snowden Town Clerk til 020998.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 9, 1998, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law Exempting the Residency Requirements for the Position of Building Inspector for the Town of Wappinger. Supervisor Smith opened the Meeting at 7:35 P.M Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN PAOLONI moved to close the Public Hearing, seconded by Mr. Ruggiero. The Public Hearing closed at 7:36 P.M. Motion Unanimously Carried Elaine H. Snowden W TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW EXEMPTING THE RESIDENCY REQUIREMENTS FOR THE POSITION OF BUILDING INSPECTOR FOR THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 25, 1998, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law exempting the residency requirements for the position of Building Inspector, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the day of 1998 NOTARY PUBLIC ,�""" x," 'Li; *1 XINDA M. LiUccr rotary F'ul n:. St,ttM ,I NewYo* No 2331720 Qualified in Dutchess County Commission Expires 10/31/1hy ,L atil ��WVA'C' Elaine H. Snowden Town Clerk Town of Wappinger Southern Dutchess News. 914 29 7-3 723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. NOTICE OF PUBLIC HEARING JOAN M I LL E R TOWNOFWAPPINGER ..........................LER........................ of the NOTICE IS HEREBY GIVEN the Town Board dtheTownotwappktger Town of Wappinger, Dutchess County, New York, i will conduct a PUBLIC HEARING on the 9th day of February, 1988 at :25 p.m. at the Town Hell, Town of being duly sworn, says that he is, and at the several Wappinger, 20 Mlddlebush,Fjoad, WappingersFalls, Newlbrk,atwhich times hereinafter was, the ....13RPXj19!Q.P.QX....... time all parties In Interest and citizens shall have an opportunity to be heard as to whether the Town Board olthe of the SOUTHERN DUTCHESS NEWS, a Town of Wappinger shall adopt a Pro' posed'Local Requirement for the Po- al Law Exempting the Residency newspaper printed and published every Wednesday sition of Building Insp"t9t ip the Town of Wappinger.' in the Town of Wappinger, Dutchess County, New PLEASE TAKE FURTHER, NOTICE thated Local se Law'd"`e� 9mPI01 the the York, and that the annexed NOTICE was duly posed Local Law is to exempt the residency requirements toctheP06i' tion ofBuilding lnsPect0(h01 1Iw published in the said newspaper for one seeks of Wappinger and any person ap- • • • • • • . pointed to such posillon'will not be ,,required to be a resident Of "Ib"successively in each week, commencing on the of Wappinger. t+ ipv'p PLEASE TAKE FURTHER NOTICE ,,, 28th day of „January... 19 98. and on the 0099that 0es of the sald proposed Lo- "" .. . cal law are available for review and' Inspection at the office Of the Town following dates thereafter, namely on Clerk on weekdays from 8:30 a.m. to Mid p.m., Road.at Town He1Fal10. '................................................................. Now Yorl(L Middlebush Road, WaPPhW PLEASE TAKE FURTHER NOTICE and ending on the ..28th.... day of ..Jan.:. that lite Town Board has determined ' ' ' that the proposed notion, i.e. tit., 19M. . both days inclusive. adoption of the woremwWoned o" cal Law, Is an action "hV an Environmental R-W"ipursu"t 104 the State EnvkonmetlW Qua" view Act (SEORA)'and no EnvlronrttPntal HeVte�� ; .. • • .. .................... . undertaken.' BY ORDER OF THE TOWN BOARD F; OF THE TOWN ER EVDUMNE SNO1 ryEN TOWN CLERK Subscribed and sworn to before me Dated: January 22, 1998 i:A this .2fiirh.... day of .danua y........: 1 .9.8 Notary Public My commission expires ... Fbi �MEL'WISHAR NOTARY PUBLIC, STATE OF NEVI YORK QUALIFIED IN-DUTCHESS COUNTY COMMISSION UPIR �q CH 31,1L�