2008-2332008-233
'``" Resolution Introducing "Local Law No. of the Year 2008, Creating a New Article VII
of Chapter 35 of the Town Code, `Justice Court Personnel', and Repealing Local Law 9 of
1991 Codified as Article III of Chapter 35 `Deputy Court Clerk' of the Code of the Town of
Wappinger"
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 August
11, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (arrived at 7:07 PM)
Vincent F. Bettina (departed at 9:32 PM)
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, it has come to the attention of the Town Board that the positions of Court
`W Clerk, Deputy Court Clerk and Clerks to the Justices must be authorized by Local Law and not by
Resolutions; and
WHEREAS, it appears that these positions were approved and created by the Town Board
by Resolution and/or Motion of the Town Board many years ago and not by Local Law; and
WHEREAS, the Town Board wishes to adopt a Local Law to approve and create the
aforementioned positions in accordance with New York State Civil Service Law Section 41.1.(d) by
enacting a new Article VII to Chapter 35 of the Code of the Town of Wappinger entitled Justice
Court Personnel; and
WHEREAS, the previous Town Code provisions contained in Article III Chapter 35
regarding the Deputy Court Clerk will be incorporated in the new Article VII of Chapter 35; and
WHEREAS, the Town Board determines that this is a Type II action pursuant to 6 NYCRR
617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State
Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6
NYCRR Parts (617).
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 introduces for adoption Local Law No._ of 2008 in the
form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town
Board hereby expressly determines that this action is not an action that requires review pursuant
to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local
Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of 2008 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the 22"" day of September, 2008, at 7:00 p.m., and the Town Clerk is directed to
post the Notice of the Public Hearing in the form annexed hereto and to publish same in the
Southern Dutchess News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/11/2008
En
The Resolution is hereby duly declared adopted.
J HN C. MA TERSON, TOWN CLERK