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2026-862026-86 Resolution Introducing Local Law No. 8 Of 2026 Which Would Declare That The Instrument Filed With The New York Secretary Of State As Local Law No. 1 Of 2020 Of The Town Of Wappinger Is Void Ab Initio For Failure To Comply With The Requirements Of The Municipal Home Rule Law 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 March 23, 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 -2026-86 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale. WHEREAS, the Town Board is aware that an instrument denominated "Local Law No. 1 of 2020" was filed with the New York Secretary of State on or about February 3, 2020, purporting to amend Chapter 240, Zoning, of the Town Code to add `Liquid Propane Storage Facilities' as a new Special Permit Use in the Highway Business (HB) and Airport Industry (AI) Zoning Districts in connection with the Downey Energy Liquid Propane Facility project (the "Prior Filing"); and WHEREAS, the Town Board has determined that the Prior Filing was never duly enacted, in that: (i) no completed public hearing was held before the Town Board as required by Municipal Home Rule Law § 20(5) - the public hearing noticed for January 13, 2020 was opened but adjourned without being closed or completed; and (ii) no final vote on passage of the proposed local law was ever taken as required by Municipal Home Rule Law § 20(1) - Resolution No. RES -2020-37, the only resolution presented for that purpose, was tabled unanimously at the January 13, 2020 Regular Meeting; and WHEREAS, the Town Board has further determined that the Prior Filing was accompanied by a cover document, denominated Resolution No. RES -2020-37, which incorrectly recited a result of "ADOPTED [UNANIMOUS]" contrary to the official record of the Town, which reflects that said resolution was TABLED UNANIMOUSLY and was never passed; and WHEREAS, a local law declaring the Prior Filing void ab initio and directing corrective notice to the Secretary of State (the "Proposed Local Law") has been prepared and is annexed hereto and has been laid upon the desk of each member of the Board; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law, Part 617 NYCRR, commonly known as "SEQRA"), the Town Board has determined that the Proposed Local Law constitutes a UNLISTED ACTION , consists solely of a legislative declaration that a prior filing was procedurally void and the Town Board hereby declares itself lead agency for the SEQRA review process; and WHEREAS, a Public Hearing on the Proposed Local Law is required pursuant to Municipal Home Rule Law § 20(5) prior to final passage; now therefore NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 7 of 2026 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed Proposed Local Law for 7:00 PM on the 1st day of April, 2026, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the Proposed Local Law: a. To serve a copy of this resolution and the annexed Proposed Local Law upon the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. b. To serve a copy of this resolution and the annexed Proposed Local Law upon the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239-m of the New York State General Municipal Law; and C. To distribute a copy of this resolution and the annexed Proposed Local Law to the Town of Wappinger Planning Board for its information. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Dated: Wappingers Falls, New York 3/23/2026 The Resolution is hereby duly declared Adopted. P.PAOLONI, TOWN CLERK LOCAL LAW NO. 8 OF THE YEAR 2026 A Local Law Declaring That the Instrument Filed with the New York Secretary of State as Local Law No. 1 of 2020 of the Town of Wappinger Is Void Ab Initio for Failure to Comply with the Requirements of the Municipal Home Rule Law BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "A Local Law Declaring Local Law No. 1 of 2020 of the Town of Wappinger Void Ab Initio." Section 2: Legislative Findings and Recitations The Town Board hereby finds and declares as follows: A. On December 9, 2019, the Town Board unanimously adopted Resolution No. RES -2019- 213, an introductory resolution titled "Resolution Introducing Local Law No. 1 of 2020 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect To The Addition Of `Liquid Propane Storage Facilities' As A New Special Permit Use In The Highway Business And Airport Industry Zoning Districts." That resolution did not adopt any local law. Its operative effect was limited to: (i) introducing the proposed Local Law for consideration; (ii) scheduling a public hearing thereon for 7:00 PM on January 13, 2020; (iii) directing the Town Clerk to publish notice of the public hearing in the Southern Dutchess News and the Poughkeepsie Journal; and (iv) directing distribution of copies to the Town Planning Board and the Dutchess County Department of Planning and Development for their advisory review. Resolution No. RES -2019-213 was an introductory resolution only and conferred no authority to adopt a local law. B. On January 13, 2020, the Town Board convened a Regular Meeting at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at 7:00 PM. A public hearing on the Proposed Local Law had been duly noticed. The public hearing was opened at that meeting. The public hearing was not completed and was not closed; it was adj ourned pending further proceedings before the Town of Wappinger Planning Board in connection with the Downey Energy Liquid Propane Facility project. No completed public hearing was held before the Town Board as required by Municipal Home Rule Law § 20(5). C. At the same January 13, 2020 Regular Meeting, the resolution to adopt the Proposed Local Law was tabled. The official record of the Town of Wappinger reflects the following result for Resolution No. RES -2020-37: RESULT: TABLED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Resolution No. RES -2020-37 was tabled by a unanimous vote of the members present. It was not passed. No final vote on passage of the Proposed Local Law was ever taken by the Town Board as required by Municipal Home Rule Law § 20(1). No determination was made under the State Environmental Quality Review Act was made at our prior to the meeting on the action. D. Despite the foregoing, an instrument denominated "Local Law No. 1 of 2020" was thereafter submitted to and filed with the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code, and was stamped as received on or about February 3, 2020. The instrument as filed was accompanied by a cover document denominated Resolution No. RES -2020-37, which incorrectly recited a result of "ADOPTED [UNANIMOUS]" and listed the following ayes: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella, with Angela Bettina listed as absent. That recitation is contrary to the official record in every material respect: the resolution was tabled, not adopted. The instrument filed with the Secretary of State therefore contains incorrect recitations of the vote and result and does not constitute a valid record of enactment. E. Municipal Home Rule Law § 20(5) provides that no local law shall be passed by the legislative body of a town until a public hearing thereon has been had before such body. That mandatory condition precedent was not satisfied. The public hearing before the Town Board on January 13, 2020 was opened but was adjourned without being closed or completed. No completed public hearing was ever held before the Town Board. F. Municipal Home Rule Law § 20(1) requires that on the final passage of a local law the question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the record, journal, or minutes of proceedings of the legislative body. No vote on final passage of the Proposed Local Law was ever taken. Resolution No. RES -2020-37, the only resolution presented for that purpose, was tabled unanimously. G. The filing with the Secretary of State of a purported local law that was never enacted in compliance with the mandatory requirements of Municipal Home Rule Law § 20 does not create a valid, binding, or effective local law. A purported enactment that lacks both the statutorily required completed public hearing and the required vote on final passage is void ab initio it has no legal force or effect from inception and confers no rights upon any person or entity. Towns derive their legislative authority solely by grant and may not act except in strict conformance with applicable procedure; action taken in the absence of such compliance is ultra vires and a nullity. H. Because the instrument filed as Local Law No. 1 of 2020 was never enacted and has no legal existence, no repeal is necessary or appropriate, as one cannot repeal a nullity. The purpose of this Local Law is to formally memorialize that legal status on the public record and to direct corrective notice to the Secretary of State. Section 3: Declaration The instrument filed with the New York Secretary of State on or about February 3, 2020 as Local Law No. 1 of 2020 of the Town of Wappinger is hereby declared to be void ab initio and of no legal force or effect from the date of such filing. The instrument purported to amend Chapter 240, Zoning, of the Code of the Town of Wappinger. It did not do so. Chapter 240, Zoning, of the Code of the Town of Wappinger was not amended by that instrument and remains in the form in effect immediately prior to January 13, 2020, as if the Proposed Local Law had never been introduced. Section 4: Direction to Town Clerk The Town Clerk is hereby directed to: (a). Enter this Local Law in the minutes and Local Law book of the Town of Wappinger; (b).File this Local Law with the Secretary of State of the State of New York pursuant to Municipal Home Rule Law § 27; (c). Transmit written notice to the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code, advising that the instrument filed as Local Law No. 1 of 2020 of the Town of Wappinger was erroneously filed, was never duly enacted, and has been declared void ab initio by this Local Law; and (d). Take such additional steps as may be necessary or appropriate to cause the public records of the Town and the State to reflect the legal nullity of the prior filing. Section 5: Ratification, Readontion and Confirmation Except as specifically addressed herein, the Code of the Town of Wappinger as previously adopted and amended shall remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable 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, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this 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 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. RESOLUTION DIRECTING THE TOWN CLERK TO NOTIFY THE SECRETARY OF STATE THAT THE FILING DENOMINATED LOCAL LAW NO. I OF 2020 WAS ERRONEOUS WHEREAS, the Town Board has determined, for the reasons set forth in Local Law No. 8 of 2026, that the instrument filed with the New York Secretary of State on or about February 3, 2020 as Local Law No. 1 of 2020 of the Town of Wappinger was never duly enacted, was accompanied by a falsified vote record, and is void ab initio; and WHEREAS, the official record of the Town of Wappinger reflects that Resolution No. RES -2020-37, the resolution that would have adopted the Proposed Local Law, was TABLED UNANIMOUSLY at the January 13, 2020 Regular Meeting of the Town Board, and was never brought back for a vote; and WHEREAS, the Town Board finds that corrective notice to the Department of State is warranted to prevent any potential reliance upon on or application of the void instrument; now therefore BE IT RESOLVED, that the Town Clerk is authorized and directed to transmit to the New York Department of State a written notice, in such form as the Town Attorney may approve, advising that the filing denominated Local Law No. 1 of 2020 of the Town of Wappinger was erroneously submitted, was accompanied by a falsified vote record, and that the Town Board has, by Local Law No. 7 of 2026, declared said instrument void ab initio and of no legal force or effect. Dated: Wappingers Falls, New York April 13, 2026 The Resolution is hereby duly declared Adopted.