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MAR-24-2011 THU 11:29 AM VERGILIS,STENGER,ROBERTS
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VERGILlS, STENGER! ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136ROUTS9
WAPPlNOSRS FAL.LS, NEW YORK 12590
FAX NO. 8452982842
P. 01/03
OER.A.LD A. VERGILlS.
KENNETH M, STENGER
AL.aSR.T P. ROBERTS
THOMAS R, DAVIS
S1'EPHEN E. DlAMONDIjI.......
JOAN F. GARRETJ"'I''''
OF COUNSEL:
KAREN Ma~NlSH
KEVlN T. McDERMOTr
ANGEL 1. FALCON
ANTHONY M. DEFAZIO.......
JAMES p, HORAN.......
I,.ISA M. COBB
M. ELLEN O.SU]~L1VAN
MARXNA O'NEILL
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
Cl..OSlNG COORDINATOR:
MARIA L JONES
(845) :1.98-2000
FAX (845) 298.2842
WWW.V3JTl.com
e-mail: illfo@vsrp.com
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 1260 I
(845)452-1046
'I<~O ADMlTI'1ID IN FLA.
'.ALSOADMI'n'!,PfN CONN.
"'ALSO ADMITTED IN NJ
....^I.-qo I<DMlTTI!D IN I'L &: MA
March 24, 2011
Via Facsimile 297-8877
Gregory D. Supple, Esq.
92 East Main Street
Wappingers Falls, New York 12590
Re: Filing of Undertaking by Fire District
Dear Greg:
I received the enclosed inquiry from the Town Clerk apparently prompted by a taxpayer.
Would you kindly call me on this matter as soon as possible? I have to report back to the
Town Board.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ClhJ~~~~. p. \CC)~J~,lC:t-,~ /oACO
ALBERT P. ROBERTS
APR/so
cc: Hon. John C. Masterson, Town Clerk (via fax 297-4558)
Hon. Christopher J. Colsey, Supervisor (via fax 298-1478)
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TC'iNN CLERK
O:\Wappinger\Town Board\1-GeneralTB\20l1\0324J I letter to Supple ~ filin; ofundl:lrtllkinG by Fi~ District.doc
MAR-24-2011 THU 11:29 AM VERGILIS,STENGER,ROBERTS
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Albert P. Roberts
From: Chris Masterson [CMasterson@townofWapPinger.us]
Sent: Wednesday, March 23, 2011 1 :11 PM
To: 'AI R'
Cc: Chris Masterson
Subject: FW: Question re: filing of undertaking by Fire District
AI,
I received this email below from a woman that was at the FOIl/Open Meetings Law seminar. If I
remember correctly, she is doing research because she is unhappy with the Fire District where she lives.
Her question below has since turned into a FOIL request to my office.
I asked Bill Beale about this and he recommended the question be directed to you. He does not recall
Hughsonville Fire District Officers filing a blanket undertaking with the Town Clerk. I don't recall ever
receiving one.
Did you know of this reQuirement and, if so, do you know why the Fire Districts in Wappinger haven't
been providing undertakings in my office?
Chris
From: Doreentig@aol.com [mailto:Doreentlg@aol.com]
Sent: Tuesday, March 22, 2011 3:22 PM
To: Chris Masterson
Subject: Question re: filing of undertaking by Fire District
Chris, first of all, I would like to thank you for arranging the Bob Freeman talk at Town Hall that I
attended. It was an informative evening. Can you tell me if the Town of Wappingers has any fire districts
that file undertakings per town law below? Thank you.
Doreen Tignanelli
"Information is the oxygen in which the fire of democracy burns. If you have information, It burns, if you
don It, it chokes". D. DeBar
New York Town - Article 11 - ~ 174 Fire District Officers
3. The fire di~trict commissioners shall receive no compen~ation for
their services, cut a commissioner acting as secretary of the fire
diatrict may be compen~ated. The fire dietrict secretary shall receive
such compensation as the fire di~trict commissioners may determine, but
if the secretary ce a memcer of .the coard of fire commissioners his
compeneation shall be fixed by the other members of the board. The fire
district treasurer and the director of purchasing, when such office has
been establiehed, shall receive such oompensation as the fire district
commissioners may determine. Each fi~e district treasurer, each
secretary in fire districts having a separate Becretary, and each
director of purchasing, when such office has been established, shall
before entering upon the duties of hie office take the constitutional
oath of office and file the same with the town clerk of the town or one
of the towns in which such fire district! is located. The treasurer of
eaah fire district shall before entering upon the duties of hi. office,
MAR-24-2011 THU 11:29 AM VERGILIS,STENGER,ROBERTS
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execute and f!le with the town clerk of the town or one of the towns in
which such fire district is located, an official undertakins,
conditioned for the faithful performance of his duties and that he will
and truly keep, pay over and account for ~ll moneys of the fire district
coming into his hands as treasurer of the fire district. The undertaking
shall be in such form, in such sum ana. with such sureties as the fire
commissioners shall direct and approve and such approval shall be
indicated upon such under~aking. The fire commissioners of any fire
district may require the director of purohasing, when such office has
been established, before entering upon the duties of that office, to
execute and file with the town clerk of the town or one of the towns in
which such fire district is located, an una.ertaking, conditioned for the
faithful performance of his duties and for a due accounting of all
property that may come under his care, custody and control. Such
undertaking shall be in such form, in Such sum and with such sureties as
the fire commissioners shall direct and approve and such approval shall
be indicated upon such undertaking.