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2026-562026-56 Resolution Introducing Local Law Amending Chapter 221 Of The Town Code Of The Town Of Wappinger Entitled "Taxation" By Adding Section 221 -IX Entitled "Exemption For Permanently And Totally Disabled Military Veterans" 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 January 26, 2026. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2026-56 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilman Phillips. WHEREAS, the Town Board of the Town of Wappinger has determined that it is appropriate and in the public interest to consider amendments to Chapter 221 of the Town Code of the Town of Wappinger entitled "Taxation" to ensure that local law is consistent with and supportive of state -authorized property tax exemptions for qualified veterans; and WHEREAS, New York State Real Property Tax Law § 458-a(11) authorizes municipalities to adopt a local law providing a full exemption from real property taxation and special district levies for the primary residence of permanently and totally disabled military veterans who meet the eligibility criteria set forth therein; and WHEREAS, it is the intent of this proposed Local Law to amend Chapter 221 of the Town Code of the Town of Wappinger entitled "Taxation" by adding a new Section 221 -IX entitled "Exemption for Permanently and Totally Disabled Military Veterans," to provide a full exemption from Town and special district charges, assessments, and special ad valorem levies for real property used as the primary residence of a permanently and totally disabled military veteran who meets the eligibility criteria set forth in New York State Real Property Tax Law § 458-a(11); and WHEREAS, the Town Board wishes to provide an opportunity for public comment prior to consideration of adoption of said Introductory Local Law, in accordance with the requirements of the Municipal Home Rule Law; BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: That pursuant to the provisions of Municipal Home Rule Law § 20(5), a public hearing will be held by the Town Board of the Town of Wappinger at the Town Hall, located at 20 Middlebush Road, Wappingers Falls, New York, on the 23 day of February, 2026, at: 7:00p.m., to consider enacting Introductory Local Law No. of 2026, entitled: A Local Law Amending Chapter 221 of the Town Code of the Town of Wappinger Entitled "Taxation " by Adding Section 221 -IX Entitled "Exemption for Permanently and Totally Disabled Military Veterans and be it further RESOLVED, that the Town Clerk of the Town of Wappinger is hereby authorized and directed to publish notice of the time and place of said public hearing at least ten (10) days prior thereto in the official newspaper of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Dated: Wappingers Falls, New York 1/26/2026 The Resolution is hereby duly declared Adopted. JOSE'$ P. PAOLONI, TOWN CLERK INTRODUCTORY LOCAL LAW NO. OF 2026 OF THE TOWN OF WAPPINGER AMENDING CHAPTER 221 OF THE TOWN CODE OF THE TOWN OF WAPPINGER ENTITLED "TAXATION" BY ADDING SECTION 221 -IX ENTITLED "EXEMPTION FOR PERMANENTLY AND TOTALLY DISABLED MILITARY VETERANS" Section 1. Legislative Intent. It is hereby declared to be the intent of the Town Board of the Town of Wappinger to amend Chapter 221 of the Town Code entitled "Taxation" by adopting a local law pursuant to the authority granted under New York State Real Property Tax Law § 458-a(I1), in order to provide a full exemption from Town and special district taxation for the primary residence of permanently and totally disabled military veterans who meet the statutory eligibility requirements. Section 2. Text Amendment. Chapter 221 of the Town Code of the Town of Wappinger entitled "Taxation" is hereby amended by adding a new section to be known as Section 221 -IX, to read as follows: § 22 ll) .. Exemption for Permanently and Totally Disabled Military Veterans. Pursuant to New York State 11.eal Property ll"u x Law § 458...a(i 1), the primary residence ol" any permanently and totally disabled military veteran shall be fully exempt from Town and special district charges, assessments, and special ad valorem levies, provided that such veteran meets all o `the 1:61iowing requirements: A. The veteran: Was discharged or released from military service under honorable conditions, or llllas a ciuualilying condition, as del:lned in Section i ol`the New York State Veterans' Services Law, and has received a discharge other than bad conduct or dishonorable, or Is a discharged L(J13"ll" veteuln, as defined in Section i oJ`the New York State Veterans' Services Law, and has received a discharge other than hard conduct or dishonorable. B. The veteran: Is considered to be permanently and totally disabled as a result ol"military service, and Is routed one hundred percent (100%) disabled by the Invited States Department oJ" Veterans AlTairs, or ll llas been routed by the IJnited States Department oi" eterans A i 1.tirs as individually unemployable. C.The veteran: Is eligible for pecuniary assistance from the Invited States government, or has received such assistance, and ll llas applied such assistance toward the acquisition or modification of` a suitable housing unit with special features or movable 11wilities made necessary by the nature of"the veteran's disability, as required by applicable law. D. The real property f:or which the exemption is claimed must be used exclusively as the veteran's primary residence and must otherwise meet all requirements set forth in 11.eal PropertyTax. Law § 458 u.u(l l) and applicable rules and regulations. Section 3. Authority. This Local Law is enacted pursuant to the authority granted to the Town Board of the Town of Wappinger by Municipal Home Rule Law §§ 10 and 20, Town Law § 130, and New York State Real Property Tax Law § 458-a(11) Section 4. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.