2009-04-17 SPMTown of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Special Meeting townofwappinger.us
Agenda
Chris Masterson
845-297-5771
Monday, April 27, 2009 7:00 PM Town Hall
7:00 PM Meeting called to order on April 27, 2009 at Town Hall, 20 Middlebush Rd,
Wappingers Falls, NY.
I. Call to Order
IL Pledge of Allegiance
Public Hearings
Local Law No _ of 2009 Amending the Zoning Law So as to Include Pawn Shops as a
Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning
Districts
Local Law No. _ of the Year 2009, Creating Chapter 99 of the Code of the Town of
Wappinger Entitled "Collateral Loan Brokers (Pawnbrokers)"
IV. Adjournment
Town of Wappinger Page l Printed 411 7120U
I
Monday, April 27, 2009
Call to Order
Town of Wappinger
Public Hearing
Minutes
7:00 PM
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Chris Masterson
845-297-5771
Town Hall
Attendee Name
Organization
Title
Status Arrived
Christopher Colsey
Town of Wappinger
Supervisor
Present
William Beale
Town of Wappinger
Councilman
Present
Vincent Bettina
Town of Wappinger
Councilman
Absent
Maureen McCarthy
Town of Wappinger
Councilwoman
Absent
Joseph Paoloni
Town of Wappinger
Councilman
Present
Al Roberts
Town of Wappinger
Town Attorney
Present
Councilman Paoloni Statement
Councilman Paoloni made a comment regarding the absence of Councilwoman
McCarthy. He stated that the Town Board unanimously agreed to have no Town Board business
on this day. He understands that the purpose of this Special Town Board Meeting is to inform
the residents that the original Town Board Meeting had been rescheduled. He asked if that is
correct. Al Roberts, Town Attorney, replied that it is incorrect. Supervisor Colsey asked to
resume the Roll Call. Roll Call Resumed.
Councilman Beale Statement
Councilman Beale asked that the record reflect the fact that he was confused about
whether there was a Meeting since the newspaper reported that the Meeting was cancelled.
Al Roberts Statement
At the end of the Roll Call, Al Roberts, Town Attorney explained the issue. He pointed
out that, at the April 13th Town Board Meeting, the Town Board adjourned the Town Board
Meeting scheduled for April 27th until May 4th. It was not brought to the attention of the Board
that there were two Public Hearings scheduled for the April 27th Meeting. After the Meeting of
April 13th, the Town Clerk, Chris Masterson, noted that there are Public Hearings scheduled to
take place on the 27th of April. It was at that time that the opinion of the Town Attorney was
sought. Mr. Roberts recommended that the Supervisor convene the Town Board for the sole
purpose of opening the Public Hearings and adjourning them until May 4th.
Mr. Roberts then noted that there has been correspondence from Councilwoman
McCarthy to the Committee on Open Government. Mr. Roberts spoke to Robert Freeman, the
Director of the New York State Committee on Open Government. Mr. Freeman commented that
he could not understand why anybody could disagree with the advice that the Town Attorney
gave. He also clarified that a quorum need not exist to conduct a Public Hearing. Councilman
Paoloni clarified that he is not talking about a quorum. He asked why they couldn't just post a
simple sign on the door to tell the residents that the Meeting is rescheduled to the following
week. Mr. Roberts explained. The Board then debated whether or not they were currently
having a Town Board Meeting.
Councilman Beale then asked if the Committee on Open Government commented on
whether a Councilmember has the authority to contact the newspapers to cancel a Meeting.
Councilman Paoloni replied that the Town Board as a whole rescheduled the Meeting.
Councilman Beale clarified that Councilwoman McCarthy sent an email to the newspapers from
her personal email address advising them that the Meeting was cancelled and that the Public
Hearings are to be rescheduled. He noted that she has no authority to contact the newspapers
with a statement that there is a cancellation. She has circumvented the process and created
confusion. Discussion followed.
Pledge of Allegiance
Town of Wappinger
Page 1
Printed 4/2Y/2UU9
Public Hearing Minutes April 27, 2009
III. Public Hearings
Local Law No _ of 2009 Amending the Zoning Law So as to Include Pawn Shops as a
Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning
Districts
Town Clerk Chris Masterson offered for the record the Affidavits of Posting and
Publication, duly signed and notarized (These Affidavits are attached hereto and made a part
thereof the Minutes of the Public Hearing). Supervisor Colsey explained that this Public Hearing
is going to be adjourned until May 4th, 2009. Councilman Beale made a motion to open the
Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously.
Supervisor Colsey asked for Comments. There were none. Councilman Beale made a motion to
adjourn the Public Hearing at 7:15 PM. The motion was seconded by Supervisor Colsey.
Supervisor Colsey called for a roll call vote. The motion passed 3-0, with Councilman Beale,
Councilman Paoloni and Supervisor Colsey voting "Aye". The Public Hearing was adjourned at
7:15 PM.
RESULT: ADJOURNED [UNANIMOUS] Next: 5/4/2009 7:00 PM
MOVER: William Beale, Councilman
SECONDER: Christopher Colsey, Supervisor
AYES: Christopher Colsey, William Beale, Joseph Paoloni
ABSENT: Vincent Bettina, Maureen McCarthy
Town of Wappinger Page 2 Printed 4/28/2009
TOWN BOARD: TOWN OF N�'APPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE AMENDMENT OF THE ZONING
LAW SO AS TO INCLUDE PAWN SHOPS AS A SPECIAL PERMIT USE IN
i4.. THE HIGHWAY BUSINESS (HB) AND HIGHWAY DESIGN (HD) ZONING
DISTRICTS.
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
John C. Masterson, being duly sworn, deposes and says:
That he is the duly elected, qualified and acting Town Clerk of the Town of
NA'appinger, County of Dutchess and State of New York.
That on March 27th, 2009, your deponent posted a copy of the Notice of
Public Hearing on the Amendment of the Zoning Law so as to Include Pawn
Shops as a Special Permit Use in the Highway Business (HB) and Highway
Design (HD) Zoning Districts, on the signboard maintained by your deponent
in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road,
Wappingers Falls, Dutchess County, New York.
I r - A
ohn C. Masterson
Town Clerk
Town of Wappinger
Sworn to before me the 27th day of March, 2009
'NOTARY PUBLIC
BARBARA L. ROBERTI
Notary Public, State of New York
Reg. No. 01 R06130344
Dutchess County
My Commission Expires July 18, 2009
SOUTHERN DUTCHESS NE
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 1
Affidavit of Publicat
To: TOWN OF WAPPINGERS FALLS
C/O TOWN CLERKS OFFICE
20 MIDDLEBUSH RD.
WAPPINGERS FALLS, NY 12590
Re: Legal notice ##83747
State of NEW YORK
SS:
County of DUTCHESS
I, TINA HEATH, being duly sworn, depose and
say: that I am the Publisher of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
that a notice, of which the annexed is a
printed copy, was duly published in Southern
Dutchess News once on 04/01/09.
i v ciyc��V C!�f. CiIL
Sworn to before me this 1st day of April, 2009
ALBERT M OSTEN
Notary Public, State of NEW YORK
No. 14-8240760
Qualified in DUTCHESS County
My commission expires on May 16, 2011
RECEIVED
APR 0 2 2009
'TOWN CLERK
RECEIVE[
APR 0 2 2009
-ro l-A.W CLERK
J
HECEIVED
APR 0 7 2009
Poughkeepsie, N.Y. Vt/N 01FRK
AFFID"IT OF PUBLICATION
State of New York
County of Dutchess
City of Poughkeepsie
:35
J iil, i 06r 1 14, 200
Rita Lombardi, of the City of Poughkeepsie,
Dutches,$ County, New York, being duly sworn, says
that at the several times hereinafter mentioned he/she
was and still is the Principle Clerk of the Poughkeepsie
Newspapers Division of Gannett Satellite Information
Network, Inc., publisher of the Poughkeepsie Journal, a
newspaper published every day in the year 2009 in the
city of Poughkeepsie, Dutchess County, New York, and
that the annexed Notice was duly published in the said
I" one insertion
newspaper for
successively, in each week, commencing on the i �+
day of Npril in the year of 2009 and
on the following dates thereafter, namely on:
And ending on the day of in
the y ar of 2009 , both days inclusive.
Subscribed pnAswom to before me this day
of f/ in the year of 2009
otary Public
My commission expires
Public Hearing Minutes April 27, 2009
Local Law No. _ of the Year 2009, Creating Chapter 99 of the Code of the Town of
Wappinger Entitled "Collateral Loan Brokers (Pawnbrokers)"
Town Clerk Chris Masterson offered for the record the Affidavits of Posting and
Publication, duly signed and notarized (These Affidavits are attached hereto and made a part
thereof the Minutes of the Public Hearing). Supervisor Colsey asked for a motion to open the
Public Hearing. Al Roberts, Town Attorney, noted that a motion to open a Public Hearing is not
needed. Discussion followed. Councilman Beale made a motion to open the Public Hearing.
The motion was seconded by Supervisor Colsey and passed unanimously. Supervisor Colsey
and Mr. Roberts gave a summary of the Local Law. The Supervisor then asked for comments
from the public. There were none. Councilman Beale made a motion to adjourn the Public
Hearing until May 4th, 2009. The motion was seconded by Supervisor Colsey and passed
unanimously. The Public Hearing was adjourned at 7:19 PM.
..............._._............__............
.............. _.. _ _............
RESULT: ADJOURNED [UNANIMOUS] Next: 5/4/2009 7:00 PM
MOVER: William Beale, Councilman
SECONDER: Christopher Colsey, Supervisor
AYES: Christopher Colsey, William Beale, Joseph Paoloni
ABSENT: Vincent Bettina, Maureen McCarthy
Town of Wappinger Page 3 Printed 4/28/2009
TOWN BOARD: TOWN OF W APPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED
LOCAL LAW ENTITLED "LOCAL LAW NO. OF THE YEAR 2009,
CREATING CHAPTER 99 OF THE TOWN CODE ENTITLED
'COLLATERAL LOAN BROKER (PAVArNBROKER)'".
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
John C. Masterson, being duly sworn, deposes and says:
That he is the duly elected, qualified and acting Town Clerk of the Town of
«rappinger, County of Dutchess and State of New York.
That on March 27th, 2009, your deponent posted a copy of the Notice of
Public Hearing on the Adoption of the Proposed Local Law Entitled "Local
Law No. of 2009, Creating Chapter 99 of the Town Code Entitled
"Collateral Loan Broker (Pawnbrokers)", on the signboard maintained by
your deponent in his office in the Town Hall of the Town of Wappinger, 20
Middlebush Road, Wappingers Falls, Dutchess County, New York.
C
ohn C. Masterson
Town Clerk
Town of Wappinger
Sworn to before me the 27th day of March, 2009
l/
NOTARY PUBLIC
BARBARA L. ROBERTI
Notary Public, State of New York
Reg. No. 01806130344
Duichess County
My Commission Expires July 18, 2009
PO4hkecpsic 3- ournal
Poughkeepsie, N.Y.
PUBLICATION
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi, of the City of Poughkeepsie,
Dutcher,$ County, New York, being duly sworn, says
that at the several times hereinafter mentioned he/she
was and still is the Principle Clerk of the Poughkeepsie
Newspapers Division of Gannett Satellite Information
Network, Inc., publisher of the Poughkeepsie Journal, a
newspaper published every day in the year 2009 in the
city of Poughkeepsie, Dutchess County, New York, and
that the annexed Notice was duly published in the said
newspaper for '� one insertion
successively, in each week, commencing on the i �t
day of April in the year of 2009 and
on the following dates thereafter, namely on:
And ending on the day of
in
the year of 2009 , both days inclusive.
Subscribed ra worn to before me this h day
in the year of 2009
Notary Public
'If1l1F�Eta+I [;IE�,L,IIK � ��
ri10iAH rI�93L11 M `,�6fr�iini��'ibri"expires OL U G
1'!0 0-1771571—FIT)
1J X00
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
Affidavit of Publication
To: TOWN OF WAPPINGERS FALLS
C/O TOWN CLERKS OFFICE
20 MIDDLEBUSH RD.
WAPPINGERS FALLS, NY 12590
Re: Legal notice #83749
State of NEW YORK
SS:
County of DUTCHESS
I, TINA HEATH, being duly sworn, depose and
say: that I am the Publisher of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
that a notice, of which the annexed is a
printed copy, was duly published in Southern
Dutchess News once/ on 04/01/09.
6"X 4L .�
Sworn to before me this 1st day of April, 2009
ALBERT M OSTEN
Notary Public, State of NEW YORK
it No. 14-8240760
Qualified in DUTCHESS County
My commission expires on May 16, 2011
HECEI V ED
APR 0 2 21009
MWN Q_.FRK
;V
the,.
nAF
OF PUBLIC
ARIN
V11N OF r'"
FINGER
IS HBREBY-
hat Ahe Town
4nan
zlnua
roe I
{o
ay��c
,o1c
anc1'
sey
j?4! ".
}oy yoi}
v�en Jen,.
Public Hearing Minutes April 27, 2009
IV. Adjournment
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Beale, Councilman
AYES: Christopher Colsey, William Beale, Joseph Paoloni
ABSENT: Vincent Bettina, Maureen McCarthy
The meeting adjourned at 7:21 PM.
*ohnC. Masterson
Town Clerk
Town of Wappinger Page 4 Printed 4/28/2009
i