[Adopted 2-9-1998 by L.L. No. 2-1998]
A. 
The Town Board acknowledges that § 23, Subdivision 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 § 23 of the Town Law, must be an elector and resident of the Town of Wappinger. However, § 23, Subdivision 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 § 3, Subdivisions 17, 18 and 22, the State Legislature has exempted the residency requirement for Building Inspector in the Towns of North Salem, Mount Pleasant and Lewisboro in Westchester County.
B. 
Section 10 of the Municipal Home Rule Law of the State 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.
C. 
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 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.
D. 
The purpose and intent of this article is to enable the Town Board to appoint a nonresident of the Town of Wappinger to the position of Building Inspector.
In accordance with the legislative intent noted above, the person or persons 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.
Pursuant to Municipal Home Rule Law § 22, the provisions of this article are intended to supersede any inconsistent or contrary provisions contained in the New York State Constitution or in Town Law §§ 20 and 23 or Public Officers Law § 3.