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2004-043RESOLUTION NO. 2004-043 RESOLUTION ADOPTING RULES OF THE TOWN BOARD OF THE TOWN OF WAPPINGER At the 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 the 5`h day of January, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmember- ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Mr. Valdati Mr.Bettina and seconded by WHEREAS, to ensure the orderly conduct of Town Board business, the Town Board wishes to adopt a set of rules governing the Town Board. NOW, THEREFOR BE IT RESOLVED, that the Town Board adopts the "Rules of the Town Board of the Town of Wappinger" as annexed hereto, as the governing rules of the Town Board. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Ave ROBERT L. VALDATI, Councilmember Voting Aye_ VINCENT F. BETTINA, Councilmember Voting Aye JOSEPH P. PAOLONI, Councilmember Voting Ave MAUREEN MCCARTHY, Councilmember Voting Aye Dated: Wappingers Falls, New York January 5, 2004 The Resolution is hereby duly declared adopted. Town of Wappinger New York Rules of the Town Board of the Town of Wappinger Section 1. Regular Meetings of the Town Board 1.1 Regular meetings of the Town Board shall be held on the second and fourth Monday of each month. 1.1.1 The Annual Reorganization Meeting shall be scheduled by Resolution of the Town Board during the prior December. 1.1.2 The first meeting of the month shall be deemed the Town Board Workshop meeting. 1.1.3 Meetings scheduled for the second and fourth Monday of each month shall be held without prior written notice to the Board Members. 1.2 In the event that a Regular Meeting date falls on a legal holiday, as recognized by the State of New York, the Town Board shall reschedule the date of such meeting at a previous Board meeting. 1.3 The time and place of a Regular Meeting date may be changed, or may be cancelled, by the affirmative vote of three (3) members of the Town Board. Cancellation of any Regular Meeting must occur at a duly constituted Board meeting. Except for cause, there shall be at least one regular Town Board meeting conducted each calendar month. The Supervisor may cancel any Regular or Special Meeting because of inclement weather conditions or other emergency. 1.4 A quorum of a Town Board shall consist of three (3) Board Members present. 1.5 The Committee of the Whole meeting of the Town Board shall be held as needed. 1.5.1 Any Committee of the Whole meeting relating to agenda items to be placed on the next ensuing Town Board meeting must be held at least five (5) days prior to such Town Board meeting. Section 2. Special Meetings 2.1 Special Meetings of the Town Board may be called by the Supervisor at any time upon two (2) days notice by fax, email or telephone. O:\WAPPINGE\Town Board\TownBoardRules\Rules-2002-Revised.doc REVISED AS OF 3/8/02 2.2 Upon the written request of two (2) Town Board members, the Supervisor shall, within ten (10) days of receipt of such request, call a Special Meeting of the Town Board. 2.3 The Supervisor shall give written notice of the date, time and place for the Special Meeting as well as a list of the items to be discussed at such Special Meeting, no later than forty-eight (48) hours prior to such meeting by fax, email or personal delivery. 2.4 Except in the case of an emergency, notice of a Special Meeting may be made by regular mail to each of the Board Members addressed to the Board Member's regular place of residence. An Affidavit of mailing by the Town Clerk or his/her duly constituted Deputy shall be presumptive evidence that such notice was duly served upon the Board Members. 2.5 Notice of a Special Meeting may be made by personal delivery. An Affidavit of personal service of the notice shall be filed with the Town Clerk at least four (4) hours prior to the Special Meeting and will be deemed duly sufficient proof of service. 2.6 Any Town Board Member may name one or more designees to receive notice of a Special Meeting, either by fax, email, personal service or regular mail. The name(s) and address(es) of such designee(s) must be submitted in writing to the Town Clerk. If no designee has been named, then notices of a Special Meeting must be served only upon the Town Board Member, as herein provided. 2.7 A Special Meeting cannot be held until each Town Board Member has been duly served with a notice of such Special Meeting as provided in these rules or the Town Board Member(s) has executed a Waiver of Notice for such Special Meeting. Section 3. Supervisor 3.1 The Supervisor shall be the Presiding Officer and shall chair each meeting of the Town Board. In the event, the Supervisor shall fail to appear at the time fixed for such Town Board Meeting, the Deputy Supervisor, or in his/her absence the Town Clerk, shall call the meeting to order. The Town Board, by a vote of at least three (3) of its members, shall select a member to serve as Presiding Officer and Temporary Chairman for said meeting. If the Supervisor shall arrive after such meeting has been commenced, he/ she shall immediately assume the duties of Presiding Officer and Chair of the meeting. 3.2 The Town Clerk, Supervisor, or Deputy Supervisor shall determine the presence or absence of a quorum of the Town Board. In the event that a 2 0:\WAPPINGE\Town Board\Town Board Rules\Rules-2002-Revised.doc REVISED AS OF 3/8/02 quorum is lacking, the person presiding over said meeting shall adjourn the meeting until the next regularly scheduled Town Board meeting or duly called Special Meeting. Section 4. Public Comment 4.1 The members of the public may make statements and/ or comments concerning any item contained on the printed agenda for any Regular or Special Town Board meeting. Such comments shall be limited to two (2). minutes per member of the public. The Town Board, by motion, may defer any agenda item to the end of the meeting for further discussion and public comment 4.2 Other than items for which a Public Hearing was conducted, upon the affirmative vote of three (3) members of the Town Board, the Rules may be suspended to permit further comment by the public prior to vote by the Town Board. Section 5. Meeting Agenda 5.1 The Agenda shall be prepared jointly by the Supervisor and the Town Clerk. Any Town Board Member may request an item to be placed on the Agenda. 5.2 Except in the case of an emergency, the Agenda of a Regular Town Board Meeting shall be closed at 1:00 p.m. five (5) days prior to the date of such Regular Meeting. 5.3 Except in the case of an emergency, items may be added to the Agenda of any Regular Meeting after the close of the Agenda provided such items are listed as "Items Proposed For Special Consideration". Such items shall require the affirmative for three (3) members of the Town Board to open the item for discussion and the affirmative vote of four (4) members to take possible action, otherwise such items will be placed on the Agenda for the next regularly scheduled Town Board meeting. 5.4 Except in the case of an emergency, the Agenda for a Special Board Meeting shall be closed at 1:00 p.m. two (2) days prior to the date of such Special Board Meeting. 5.5 Except in the case of an emergency, items may be added to the Agenda of any Special Board Meeting after the close of the Agenda provided that such Agenda items are listed as "Items for Discussion". Such items shall require the affirmative for three (3) members of the Town Board to open the item for discussion and the affirmative vote of four (4) members to take possible 3 O:\WAPPINGE\Town Board\TownBoardRules\Rules-2002-Revised.doc REVISED AS OF 3/8/02 action, otherwise such items will be placed on the Agenda for the next regularly scheduled Town Board meeting. 5.6 No items shall be placed on the Agenda or considered by the Town Board unless documentation relating to the Agenda item has been delivered to the Town Clerk no later than 1:00 p.m. on the Wednesday immediately preceding the scheduled Regular Meeting. 5.7 Notwithstanding the foregoing, claims served on the Town or its employees . may be added to the Agenda of any Regular Meeting at any time up to the commencement of this scheduled meeting. In the event that an item has been placed on the Agenda for which no documentation has been made available by the time prescribed, or from a previous meeting, then the Supervisor shall automatically remove the item from the Agenda and so notify the Town Clerk before final preparation thereof; however, additional documentation may be submitted up to the time of the meeting. Items designated "for discussion" are exempt from documentation but no action may be taken without the affirmative vote of four (4) Members of the Board. Section 6. Clerical Assistance 6.1 Should any Town Board Member so request, clerical assistance shall be made available to him or her through the Office of the Supervisor. Such clerical assistance shall only be for official Town Business. Section 7. Order of Business 7.1 The Regular Order of Business for all Regular or Special Town Board Meetings shall be as follows: • Call to order • Salute to the Flag • Roll Call • Public Hearings • Receipt and approval of Minutes • Suspension of the rules to allow public comment on Agenda items with a two (2) minute time limit per person • Agenda Items • General suspension of the rules • Items for Discussion • New Business • Adjournment 7.2 No later than 4:00 p.m. four (4) days prior to the scheduled Regular or Special Town Board Meeting, the Town Clerk shall mail, or forward via fax, 4 O:\WAPPINGE\Town Board\Town Board Rules\Rules-2002-Revised.doc REVISED AS OF 3/8/02 copies of the Agenda together with documentation for all submitted agenda items. In the case of an emergency Special Town Board Meeting conducted on less than ten (10) notice, the Town Clerk shall provide copies of the Agenda together with documentation at least twenty-four (24) hours before such Special Board Meeting. 7.3 The Supervisor, or in her/ his absence, the Deputy Supervisor, or, in their absence, the Town Clerk, may with the consent of the majority of the Board Members present change the order of the Agenda during any meeting of the Board. The Regular Order of Business or the Order of the Agenda shall be made upon motion duly made, seconded and carried by the Board. 7.4 Upon the affirmative vote of three (3) members of the Town Board, new items may be added to the Agenda during any Regular or Special Town Board meeting for discussion only. No action may be taken on such items without the affirmative vote of four (4) Town Board members. After the Agenda has been prepared, new items may be added during any Regular or Special Town Board meeting; such new items shall be designated as "Items for Discussion". No action may be taken without the affirmative vote of four (4) Town Board members, otherwise the item will be placed on the next regularly scheduled Town Board meeting. 7.5 No Board vote shall be required for claims which have been served upon the Town or its employees and received after the Agenda has been printed. The Town Clerk shall notify the Board during the Board Meeting of the receipt of such claims which shall be referred to the Attorney to the Town for appropriate action. Section 8. Rules of Order 8.1 All Regular and Special Meetings shall be conducted in accordance with Town Law, and, except where inconsistent with Town Law, shall be governed by the latest edition of the Robert's Rules of Order. 8.2 The affirmative vote of three (3) members of the constituted Town Board voting at any meeting shall be required to adopt any action, motion or resolution, except in those instances where New York State Law or these rules of procedure require a greater affirmative vote. 8.3 These rules may be suspended, amended or rescinded by the affirmative vote of three (3) members of the Town Board. 8.4 These rules shall remain in effect until new rules are adopted by the new Town Board. 8.5 Robert's Rules of Order shall govern the rules of debate on any topic and shall 5 O:\WAPPINGE\Town Board\TownBoardRules\Rules-2002-Revised.doc REVISED AS OF 3/8/02 be strictly followed. 8.6 A motion to adjourn may be made by any member who shall have been recognized by the Supervisor or, in his/ her absence, the Deputy Supervisor or, in their absence, the Town Clerk. Such a motion shall not be recognized during a roll call or while the board is engaging in voting. A motion to adjourn shall be decided without debate. Unless excused, members shall not leave a meeting until the Supervisor or, in his/ her absence, the Deputy Supervisor or, in their absence, the Town Clerk shall announce that the •_ meeting is adjourned. 8.7 The vote upon every question shall be taken by ayes and nays, and the names of the Board Members present and their votes shall be entered in the minutes. The Board Members shall vote first, in the order of wards, and the Supervisor shall vote last. Section 9. D puts Supervisor 9.1 Upon request of the Supervisor, when the Supervisor is absent or incapacitated, or when a vacancy exists in the Office of the Supervisor, the Deputy Supervisor shall be the Acting Supervisor. During such period, the Deputy Supervisor shall be vested with all the powers and may perform all the duties of the Supervisor as provided herein or by applicable New York State Law. me O:\WAPPINGE\Town Board\TownBoardRules\Rules-2002-Revised.doc REVISED AS OF 3/8/02