2017-182 2017-182
Resolution Authorizing The Maintenance Of The Town Of Wappinger Files
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 December
11, 2017.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2017-182
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, Albert P. Roberts has been Attorney to the Town of Wappinger
continuously since January 1, 1990; and
WHEREAS, Albert P Roberts has retained all of the files he has maintained in his
representation of the Town of Wappinger since that date; and
WHEREAS, attorneys are only required to maintain files for a period of seven (7) years,
the general practice of Mr. Robert's firm is to retain files for ten (10)years; and
WHEREAS, Mr. Roberts has indicated his firm intends to destroy all Town of
Wappinger files over ten (10) years old; and
WHEREAS, Supervisor Jiava and Councilman Beale have both requested that the files
be turned over to the Town; and
WHEREAS, Mr. Roberts is a Partner in the firm of Stenger, Roberts, Davis and
Diamond, LLP and the firm has consented to transfer all files over ten (10) years to the Town of
Wappinger for safekeeping and for reference material.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby agrees to accept all files over ten (10) years of age
opened by Mr. Roberts in connection with his representation of Town of Wappinger matters.
3. The Town Board hereby further directs Steven Frazier, Supervisor of Buildings
and Grounds for the Town of Wappinger, to utilize his staff to pick up the files and deliver
them to Carnwath Farms for safekeeping, with guidance from Joseph P. Paoloni, Town Clerk to
the Town of Wappinger.
4. The Town Board hereby acknowledges that Mr. Roberts and his staff will
coordinate the pick-up of the files with Mr. Frazier.
5. Thereinafter, the Town will periodically accept files from the firm that are over
ten (10)years old.
6. Upon receipt of the above-referenced legal files, the Town shall maintain them
as the Town may otherwise deem advisable.
The Town shall accept and remove the files within ninety (90) days of the adoption of this
Resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
12/11/2017
The Resolution is hereby duly declared Adopted.
JOSSP P. PAOLONI, TOWN CLERK