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2016-08-15 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Special Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, August 15, 2016 7:30 PM Town Hall I. Call to Order Supervisor Lori A. Jiava called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM II. Pledge of Allegiance III. Public Portion 1. Motion To: Open Public Portion Matt Meighbaum from 15 Westview Terrace and resident of the Town of Poughkeepsie, and a (26)twenty six-year employee of the Town of Wappinger Highway department began by saying; "The town of Wappinger Highway department would like to thank all the people here supporting us. We understand this is a difficult process that the town is going through, we're going through it also; but it's one that should not be ignored, needs to be ratified immediately. As everyone should be aware of, many of us have been subjected to continuous harassment, intimidation, threats, and retaliation by the current Highway Superintendent Vincent Bettina. We as a group of hardworking, family oriented, and dedicated men; who value and respect their position at the highway department for the last 20 years as a group, we have proven our dedication, our loyalty to this town by going above and beyond with what is expected from our positions. We have all worked countless hours, missing out on sleep, family, vacations, birthdays, and holidays, all of which according to our contract is not mandatory to ensure that all of our residents are safe during inclement weather. As a group of hardworking men, we have over 125 years of experience and expertise that are continuously dismissed by Mr. Bettina. Mr. Bettina's harassment, intimidation, and threats began at the time of his appointment as has continued throughout the present day. These actions by Mr. Bettina have caused numerous employees to seek medical attention for previously undocumented health issues that have directly attributed to the continuous hostile work environment and increased stress that we face each day. This leadership by Mr. Bettina has been detrimental to the entire work force and at this point, we feel that the working relationship is beyond repair. At this point, the employees of the Town of Wappinger Highway department, we are calling on the town board to rectify this unacceptable Town of Wappinger Page] Printed 912212016 Special Meeting Minutes August 15, 2016 working environment by eliminating the position of the Highway Superintendent." Charles Ferry of 20 Park Street in Wappingers Falls spoke next saying, "The reason why I am here is the process by which you are trying to get rid of the elected position." He asked if this would be put to a mandatory public referendum to be approved by the voters. Supervisor Jiava confirmed that it would. Theresa Bricetti from 15 Cindy Lane, Wappingers Falls addressed the board saying, "13 years ago the town put pipes, water pipes, from the Atlas wells to the water tower on Cider-Mill Loop, cutting through Cindy Lane. Cindy Lane was then paved with a cold surface, a temporary paving. They cut through Wildwood. Wildwood was paved three(3) years later where the temporary surface was removed and then paved. I called the Highway Superintendent at that time, Graham Foster. 10 years, 10 years we have been living with a gravel road. I'm sorry, all of us on Cindy Lane, we pay taxes just like everybody else and we've had a gravel road. Mr. Bettina came into office, I called his office, he said he would put that at the top of his list. Guess what's being done. My road has been paved. Mr. Bettina, Thank You. Former Supervisor, Joseph Ruggiero appeared before the board and said, "There are two things that are going on here tonight and there have been a lot of allegations, serious ones, about abuse at the highway department; and, then there's a proposal in order to deal with that, to abolish the elected office of Highway Superintendent. If the former is true, and if the facts warrant an investigation and warrant the removal of an individual, if that person did what was said in the matter what's being brought to the board's attention; there's a procedure under public officer's law where any citizen in the Town of Wappinger, any board member in the Town of Wappinger, under public officer's law, can file a lawsuit in the appellate division of the supreme court where evidence can be heard, witnesses can be interviewed, cross-examination could happen, a due process can be ensued and then a panel of judges would decide on the facts of the case as it applies to the law, if violations of harassment of any kind, workplace violence; and, if that person is found guilty, would be removed from office. That's a lawful impeachment of a local official that can be a Highway Superintendent, a Councilmember, or a Supervisor. On the other hand, there's a procedure in town law calling to change the type of government we have. For decades,probably well over a century since this form of government was established under town law; we have an elected highway superintendent. In the early 1970s, the voters of the Town of Wappinger decided, to amend the term of highway superintendent and the town clerk to a four- year term. That was a referendum of the people. In the 80s, our form of government changed once again. We went from an 'at-large' system for council members to the ward system; again, a vote of the people. So what we have today is a potential behavioral problem in a department where employees are making allegations against their supervisor and board is within, as should, on behalf of the people, investigate the matter and bring those items forward. However, for an independent attorney to come in on behalf of the board as an investigator doing an investigation; and, the solution is, abolish the elected position of an officer. I don't think that's the proper solution. So, while you have an opportunity tonight to table this resolution before you introduce this local law before you sent it to public referendum. Because, now you're gonna ask the court of public opinion to weigh in. This is not just about a restructuring of our government as we've done in decades past. We asking that we revamp our government to deal with a personnel issue. That's not the right way to do this. The people are entitled to elect their highway superintendent. The people should not be punished and that be removed and then going forward that person will be an appointment of town board. I think the people are entitled to choose their highway superintendent. What this will do as I understand the way it's been crafted would overturn the Town of Wappinger Page 2 Printed 912212016 Special Meeting Minutes August 15, 2016 last election, vacate the incumbent from office and then the people of the town of Wappinger will never have a choice of who their highway superintendent will be again. If this was just done as a matter of re-structuring, then one could debate the merits; but, because the shadow that has been cast upon this process, this is not the solution for the people or for highway. You need to do this the right way,public officer's law allows that process to be done, there'll be a due process, the employees would come forward, they could give testimony, and the accused would have a right to due process and defend themselves. So, I beg you; I ask you to pause; and, rescind and table this resolution this evening. Thank You." Former Supervisor, Barbara Gutzler appeared before the board, introduces herself and said, "I would ask you folks to please, you good people, think about this very, very carefully because the way this is coming across, it is a political issue here. Now, I think we all know that I do not have any love for our Highway Superintendent, but that's not the issue here. The bottom line is; I really believe we must let the people speak and the way things are coming about there seems to be this resolution, this local law in response to the allegations against one person. The bottom line is here that the people, the voters, have the right to choose. Now, the political committees can deny somebody a nomination and that person does not necessarily have to be re-elected. It worked last year. That's why I'm sitting down here and not up there, which is the way democracy works. That's the way it works. That was the will of the people. And, the will of the people must be taken here. It really, really grieves me that what I'm seeing here is a solution that however well-intentioned it is, and I do not believe it is in the best interest of the town or in town government. So, I would ask you good people, you ladies and gentlemen in your deliberations to please think about this very carefully and the effect it would have on government. Are we restructuring for better government or are we restructuring because of allegations against somebody and I make no opinion, I have no opinion about whether they are right or wrong. I make no judgement. I just ask you,please to think of what is the best interest of the town and the voters." Elouise Maxey introduced herself and said, "I'm having some trouble with this entire issue, because some of the same men who brought workplace charges against Mr. Bettina; some of those same men are men that Troy Swain made workplace violence against. It is my opinion that you all did not properly deal with Troy's workplace violence issue. Instead, you fired him. I was here at a meeting in the early part of the spring and you all told him that his job was not at stake; he was doing a good job. Mr. Fenton, you shook my hand and you told me that you did not have a problem with Troy." The Supervisor reminded her that no one will be called out personally. Ms. Maxey continued, "I find it very alarming that this is happening now and I ask that you to reconsider what you're doing here." The Supervisor reminded that Mr. Swain's case is an ongoing investigation and we cannot discuss that right now. Joe Torres from 19 Partners Road addressed the board and said, "This meeting to restructure the Highway Superintendent's job is nothing more than a ruse to distract from the allegation of rampant racial divisiveness by town employees. Before moving to remove an elected official, this board should first and separately investigate and release a finding of fact on whether or not there exists validity of Mr. Troy Swain's allegation of racial harassment. If so, then other complaints that follow particularly by those accused, should have no merit if their counter complaint is after the fact as it could be alleged to be an attempt at retaliation against Mr. Swain. To obfuscate from the racial allegations at hand is to place at risk every employee and citizen of the Town of Wappinger from ever coming forth with a valid complaint for fear that the board will create or insist in creating a false counter argument. Mr. Swain deserves his day in court. If Town of Wappinger Page 3 Printed 912212016 Special Meeting Minutes August 15, 2016 this elected body in incapable or unwilling to investigate these racial claims without an independent investigator..." Supervisor Jiava interrupted, "We cannot take this meeting off course, we need to focus on this, you're speaking about a former employee that has an ongoing investigation with the division of human rights and we cannot take this off course." Mr. Torres replied, "This is directly related." He then continued, "... to subvert the will of the voters by removing an elected official who won by more than a super majority of the voters smacks as nothing more than an attempt to exert control of an independently elected position and a power grab by this board. Councilman from the first ward, the second ward, third and fourth ward and madam supervisor, you were elected to represent the town. None of you were elected to oversee the highway department. If there were issues of incompetence in the highway department, did any of you so present during the previous administration make an attempt to remove the previous Superintendent who more than mismanaged the department but also ran it into a deficit causing all of us taxpayers to pay more money. Going forth with this meeting and hearing means nothing more than a distraction from the underlying racial tensions within our great town and ignoring these allegations makes each of you individually complicit in these allegations." A discussion ensued regarding the desire to table this motion and the conflation of the Troy Swain racial discrimination issue and the Vincent Bettina issue with Mr. Torres insisting that the same individuals who had workplace violence cited against them, subsequently filed a retaliatory workplace violence report against Mr. Bettina. Mr. Torres pressed the Supervisor, "So, you are telling me these two issues are not related?" Supervisor Jiava replied, "It has nothing to with that, it's a separate incident, yes." Mr. Torres insisted, "The individual filing the allegations against Mr. Bettina is he not also an individual named in the complaint against Mr. Swain?" Supervisor Jiava yielded, "Off the top of my head, I can't recall." Mr. Torres asked the board to release the documents relating to that and said that the resolution should be tabled until the discrimination issue was handled first. Kathy Pritchard of 95 Smith Crossing Road addressed the board and said, "I don't believe this is political, except for the fact that it is civil. This is a civil case that we are trying to deal with here, Title 7; and, I think we really need to look into that. That title is put in place to protect employees from harassment which I believe has happened. As a former manager of people who worked for a union I am very well diversified in that title. I think it needs to be looked at. The district attorney can fire an elected employee. It's stipulated in that particular title. I sat at a town function under a tent in the pouring rain. And, when a town official says to a local resident, if these guys mess with the bull, I'm going to give them the horns; I have a problem with that. And, right now I feel that's what he's doing, and I don't find it fair. How can you say that to a resident about your employees? That right there has no credit for the individual to hold the position in my eyes. I don't know if anyone else feels that way, but sit there and say that, more than once, at a couple of meetings, I met with the Town Supervisor of the Highway, and to hear it twice discredited his abilities, his integrity and who he is to stand for these people here." Sean Barry from 2486 Route 9D rose and said, "Any form of harassment or sexual harassment should not be allowed in the town. It shouldn't be allowed in any workplace. I don't care who you are or what kind of stand you have, especially an elected official. I mean, I just urge you guys to do the right thing." Shontae Swain from 10 Tuscarora Drive rose in her seat at the rear of the room and said that the town should keep the same process and that an appointed position was not a good idea. Gerald Vergillus, who represents Mr. Bettina,rose to address the board. Supervisor Jiava asked, Town of Wappinger Page 4 Printed 912212016 Special Meeting Minutes August 15, 2016 "Are you going to be speaking on behalf of your client or on ..." Mr. Vergillus replied, "Well, not only on behalf of my client, also on behalf of the thing called the Constitution and due process." He continued, "What has been lost in this entire proceeding that began I guess sometime in April with the Mr. Swain complaint and then evolved into the other gentlemen from the highway department's complaints is a very simple thing called due process. Due processes should be afforded to my client Mr. Bettina and it has not been afforded under the manner in which Mr. Bernstein because we all know much has been made of Mr. Bernstein's two reports. Mr. Bernstein's process, he called Mr. Bettina medieval, his process is medieval." Supervisor Jiava asked, "Is that your opinion". Mr. Vergillus replied, "Let me explain why it is my opinion. I believe that in this country every person,no matter what the accusation is, has a right to confront his or her accusers. I think that's appropriate. I also think it's appropriate that any person who is accused should have a right see what the accusatory instrument is or what the accusations are. I also think that the person who is accused should have a right to have an attorney or himself present to cross-examine. I also think that the person who is making the accusation should be put under oath so that we know that what he or she is saying is sworn to. None of that has occurred. Notwithstanding the times that I asked Mr. Bernstein to permit me to be present to permit me to be able to ask questions, to permit me to look at the accusatory instruments." Supervisor Jiava asked. "Were you present when Mr. Bettina was being interviewed?" Mr. Vergillus replied, "That was the only time I was present and I was told that I could not ask a question". Supervisor Jiava said that she was not present. Mr. Vergillus replied, "Then you'll have to believe what I am saying and that is what I am talking about when I'm talking about due process. So, what's happening is Mr. Bernstein decides that he is going to conduct his investigation in the manner that he sees is fit, not in the manner that abides by the due process provisions of our Constitution but he tells me, well this not a proceeding that I have to follow those rules but yet he gives a report in which he makes recommendation based upon evidence that he says is not controverted, but it is controverted and it couldn't be controverted if he wanted to controvert it because we weren't permitted to controvert it. How can we reach that point? And, now he's asking you to abolish an elected position when the people here should have a right to say, give Mr. Bettina an opportunity to be heard in a court of law or some other forum and we hadn't had that opportunity that's why I believe Mr. Ruggiero was quite correct when he says to you when there is a provision in the law in New York State law that's the public officers law and it says, if a town official is engaging in this kind of conduct then you as board or any citizen including those that claimed they were aggrieved they have a right to bring that action. And, if they were to bring that action then Mr. Bettina would then have due process because, trust me; a court of law would give him due process. Right now, he has not had that opportunity. So, when's the board going to give that opportunity? I don't think has that opportunity, because instead of advising these gentlemen that they can bring that action or you as a board bring the action yourselves, then he's stuck with Mr. Bernstein's report as the only accusation against him, unfounded, we say, it is what it is because it's been published, I don't even know how it got published or why it got published, but it did. So, that's the point here, the point is due process and I ask you to please consider that before you take this significant leap of stripping the people of this community of their right to vote on who they want to elect instead of making it a political appointment for another political position." The public portion was closed. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 5 Printed 912212016 Special Meeting Minutes August 15, 2016 2. Motion To: Close Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Resolutions Councilman Beale said, "I don't even know how this resolution got on my agenda, because the agenda that I received via the Town Clerk did not include this resolution." Supervisor Jiava said, "This agenda came to me when I came back into town this afternoon". Councilman Beale said, "Here's the issue. Everyone's coming in here assuming that this board is prepared to adopt a resolution because it's appearing on the agenda in the back of the room. The agenda that I received via email did not have this resolution on it, because this was not the purpose of this meeting". The Town Clerk responded, "The resolution that I received on Friday was to be put on this meeting that was what you called for at the last meeting." The Town Clerk addressed the Attorney who prepared the resolution per the direction of the town board at the last meeting as he asked the attorney about the resolution received from him on the Friday before this Monday's meeting saying, "Al, wasn't this supposed to be put on this meeting or not?" The Attorney responded, "There was a special meeting called for tonight and I was authorized and prepared the Local Law Introductory resolution for this meeting." The Town Clerk responded, "Based on what authority?" Supervisor Jiava interjected, "I returned home at one-o-clock this afternoon. This agenda was sitting here, but it's not fair to say or to deliberate in front of the public and make anybody think that anybody did anything that we didn't speak about in our last meeting, we set a special meeting, we're here tonight for a special meeting, this wasn't our regular meeting, and we had a conversation at that regular meeting that we may have to take some sort of legislative action, so we said it would be the possibility of restructuring the highway administration. So, it's not fair to point fingers at anybody, it's not like we're talking about anything we haven't spoken about before. So, I'd ask that we minimize any more of this conversation and I've asked for a motion to table this." RESOLUTION: 2016-226 Resolution Introducing Local Law No. 7 Of The Year 2016, "A Local Law Of The Town Of Wappinger, Dutchess County, New York To Abolish The Positions Of Elected Superintendent Of Highways And Appointed Position Of Deputy Highway Superintendent And Create The Positions Of Administrator Of Highways And Deputy Administrator Of Highways" WHEREAS,the Town Board of the Town of Wappinger has determined that it is in the best interests of the Town to submit to the voters of the Town a proposition to abolish the position of elected Superintendent of Highways and the position of appointed Deputy Highway Superintendent effective December 31, 2016 and to create an appointed position of Administrator of Highways and an appointed position of Deputy Administrator of Highways which is accountable to the Town Board for actions that are detrimental to the Town of Wappinger; and Town of Wappinger Page 6 Printed 912212016 Special Meeting Minutes August 15, 2016 WHEREAS, to create such accountability the position of elected Superintendent of Highways must be abolished; and WHEREAS, since the intent of the Town Board is to abolish the position of elected Superintendent of Highways, the Town Board also elects to eliminate the position of appointed Deputy Highway Superintendent and create an appointed position of Deputy Administrator of Highways; WHEREAS,the Town has the power to establish by Local Law the powers, duties, qualifications, mode of selection and removal, and the terms of office of its officers and employees pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1) and § 23.2.e.; and WHEREAS,the authority under Municipal Home Rule Law § 10 (1)(ii)(a)(1) specifically includes, but is not limited to, the creation or discontinuance of departments of its government and the prescription or modification of the powers and duties of Town Officers; and WHEREAS,pursuant to Municipal Home Rule Law § 23, this Local Law is subject to a mandatory referendum and must be approved by an affirmative vote of a majority of the qualified electors of the Town; and WHEREAS,the Town Board intends to fulfill the mandatory referendum requirement by placing the issue at the next general election of the Town to be held on November 8, 2016. 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. 7 of the Year 2016 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type 11 action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR(commonly known as"SEQRA") and pursuant to Chapter 117 of the Code of the Town of Wappinger(the Town's Environmental Quality Review Law)which establishes locally designated Type I actions. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No.7 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of August, 2016, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing 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: ✓Vote Record-Resolution RES-2016-226 ❑ Adopted Yes/Aye No/Nay Abstain Absent ............... ❑ Adopted as Amended Lori A.Jiava Voter... Q........,.......❑........,........❑...... ❑.... ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ Q Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton....................... .Voter... Q.........,........❑..... ❑........,.......❑..... Next: 12/21/20 12:00 AM Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 15, 2016 The Resolution is hereby duly declared Tabled. Town of Wappinger Page 7 Printed 912212016 Special Meeting Minutes August 15, 2016 V. Discussion On Introducing Local Law No. 7 Councilman Beale said, "I don't want people coming here with a pre-conceived notion that this town board is looking at re-structuring the town. This was an option that was presented in executive session, however, there was never any consensus gained whether it be in publicly or in executive session that we were going to re-organize the town based on the provision of this resolution. This is a drastic resolution which basically changes the position from elected to appointed. That to me is something that would be a worst case scenario at best. The last thing I want to see is someone not be given due process. And, I understand that we had an independent investigation done on two occasions for two separate reasons. And, some of the facts that were found within that investigation implicated a certain individual had made allegations against a certain individual. You can't use those independent investigations that were for a different purpose to make a decision like this. What I want to say is that I've spent a lot of time thinking about this from all different angles and I've had an opportunity to speak to a number of different residents and a number of different individuals that work in our highway department and I've basically had the opportunity to really hear for myself how things can be interpreted and mis- interpreted. The members of our highway department are some of the most loyal and dedicated employees we are lucky enough to have as part of our team here in the town of Wappinger government. With the decades of experience each and every one of these men has at one time or another, they had to make personal sacrifices to satisfy the needs of everyone in this room. When it's 100 degrees outside like yesterday, it's not uncommon to see these guys working on roads, culverts and storm drains; and, when it's 10 degrees outside like it's going to be in a few months, it's not uncommon to see these guys salting and sanding and plowing keeping our roads open at two o' clock in the morning. On holidays and weekends when most of us are enjoying our time with our families, it's not uncommon for these guys, are out there, outside their collective bargaining agreement, going above and beyond. I think this is important to point out and it kind of puts things in perspective here. I don't want to get off track because we can easily get off track here and lose the priorities. Based on the countless hours of executive session that I've sat in, I've learned that the laws in this state provide for minimal town board authority over an elected Highway Superintendent. Now that's good and that's bad. There are very few options when issues are brought forth to a town supervisor or a town board under New York State law. We are limited with the authority we have sitting on this dais. I don't necessarily agree with these layers of what I feel to be antiquated law; however, as an elected body we must comply with the laws of this state. If I could wave a magic wand and fix the problem, we would have done that already. And, it's not a simple process where we can take a vote and say, hey we're gonna do this now, because the electoral decided that this individual would be in a term for 4 years. These men deserve respect and these men need to be treated with dignity, but so does the accused, and we must remember that. The court of public opinion has been very animated when it comes to this situation. I don't agree with the process by which certain things were in the newspaper, I don't agree with the process by which certain things were on social media but thats the age we live in. So, I think it's our job as an elected board to separate the facts from all of the mis-facts that are out there, or the mis-truths that are out there and determine the best route to fix the problem because we need to have a functioning highway department and we need to make sure that our personnel that have upwards of 26 years of experience stay as part of our team. So, what I'm asking, again, is that you give this board patience so that we can determine the best process by which we move forward. I think former supervisor Ruggiero brings up some valid points with respect to other routes which involve due process. I certainly believe that anyone that's accused of anything deserves due process; however, I'm concerned with the immediate correction and solution to our town highway department. So, I would like for the board to work Town of Wappinger Page 8 Printed 912212016 Special Meeting Minutes August 15, 2016 together in executive session to develop some options that we can find an immediate solution to this issue because from what I hear from some of our longest serving employees whether things are taken out of context or not, there needs to be some change immediately within that department." Councilman Kuzmicz said that he felt that Councilman Beale pretty much summed it up. He said there are a number of issues that need to be addressed. He said the goal is to have a fully functioning and efficient highway department. He said that the current resolution is an extreme measure as there are other alternatives that need to be explored. Councilman Fenton said he agreed and that the former two supervisors shined a different like on this. Councilman Cicccarelli said, "We know that there are problems that exists across the board on both sides that have to be addressed, but this is a little bit of a hasty solution to a problem that could be examined and corrected in many other different ways than taking the right of the people away. I don't know if people are aware that before this could ever be get put into process, the people would have to vote on it. It's at the people's desire if they even would want to see this. It's not like the board passes this resolution and it goes into action. So, there's got to be a lot of changes made and it's not going to happen overnight." Supervisor Jiava said that she agrees with all her councilmen. She said that Town Law and Highway law are very separate entities and she is not one to take democracy away from the residents. She said, "although this resolution sits before us, that was something that had to be prepared if that was the measure that the board was willing to take we are looking for solutions to try to have a nice balance between all of our safety and our roads for our residents and our travelers. It's paramount. If you don't have a cohesive highway department working with the highway superintendent then we have to worry about the safety of our residents." She asked for a motion to go into executive session. VI. Executive Session 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session Town of Wappinger Page 9 Printed 912212016 Special Meeting Minutes August 15, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Adjournment 1. Motion To: Wappinger Adjournment& Signature The meeting adjourned at 9:45 PM. Joseph P. Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 10 Printed 912212016 4.1.a PROPOSED LOCAL LAW 7 OF THE YEAR 2016 A Local Law entitled "A LOCAL LAW OF THE TOWN OF WAPPINGER, Uj A DUTCHESS COUNTY, NEW YORK TO ABOLISH THE POSITIONS OF ELECTED 0 SUPERINTENDENT OF HIGHWAYS AND APPOINTED POSITION OF DEPUTY 0 HIGHWAY SUPERINTENDENT AND CREATE THE POSITIONS OF ADMINISTRATOR C4 OF HIGHWAYS AND DEPUTY ADMINISTRATOR OF HIGHWAYS" 0 I- 6 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section-L• LEGISLATIVE INTENT. 7@ U 0 It is the intent of the Town Board to submit to the voters of the Town a proposition to abolish the position of the elected Superintendent of Highways effective December 31, 2016 and 4343 to create the position of appointed Administrator of Highways. Since the intent of this Local Law W is to abolish the position of elected Superintendent of Highways, the Town Board also elects to eliminate the appointed position of Deputy Highway Superintendent and create the position of co Uj appointed Deputy Administrator of Highway. 7@ Section-II: STATUTORY AUTHORITY. e This Local Law is adopted pursuant to Municipal Home Rule Law §10(1)(ii)(a)(1) and § 23.2.e., as which gives the Town the power to establish by Local Law the powers, duties, qualifications, mode of selection and removal, and terms of office, of its officers and employees. The authority co under Municipal Home Rule Law 10 1 ii a 1 specifically includes but is not limited to the p § § O( )( )O p y � LM creation or discontinuance of departments of its government and the prescription or modification e of the powers and duties of Town Officers. 7@ In accordance with the decision of Kesler v. Nolan, 48 A.D.3d 1113, 851 N.Y.S.2d 785 (4th 0 Dep't 2008) and the Opinion of the New York State Comptroller 78-510, the Town Board is 0 0 L- authorized to shorten the term of the incumbent elected Highway Superintendent whose term of 0. office currently expires on December 31, 2019. Packet Pg. 11 4.1.a Section-III: REPEAL OF ARTICLE I, CHAPTER 35. co Article I, Chapter 35 of the Town of Wappinger Code as enacted by Local Law 3 of 1971 is hereby repealed, and shall be replaced by a new Article I, Chapter 35. 0 0 Section-IV: ABOLITION OF ELECTED TOWN SUPERINTENDENT OF HIGHWAYS AND DEPUTY HIGHWAY SUPERINTENDENT. 4- 0 A. The position of elected Town Superintendent of Highways established pursuant to Town Law § 20(1)(a)is hereby abolished. z 3 B. The Town Board also elects to abolish the position of Deputy Highway Superintendent authorized by Town Law § 32.2. and created by motion of the Town Board at a February U 21, 1963 special meeting of the Town Board. as Section-V: CREATION OF NEW ARTICLE I, CHAPTER 35. 4343 A new Article I, Chapter 35 of the Town of Wappinger Code is hereby adopted to read as E follows: "ARTICLE L• ADMINISTRATOR OF HIGHWAYS § 35-1. Legislative Intent and Purpose. co Ui A. The Town Board of the Town of Wappinger has determined that it is in the best interests W of the Town to create an appointed position of Administrator of Highways to replace an elected Superintendent of Highways. Such Administrator of Highways shall report to and U. be accountable to the Town Board for all actions that are deemed detrimental to the proper operation and administration of the Town of Wappinger Highway Department. B. The elective office of Superintendent of Highways of the Town of Wappinger required by Town Law § 20(1)(a) is hereby abolished as of December 31, 2016, at which time the term of the current elected Superintendent of Highways shall terminate. co C. The appointed office of Deputy Highway Superintendent authorized by Town Law § 32.2. and created by motion of the Town Board on February 21, 1963 is hereby LM abolished. 3 § 35-2. Office of Administrator and Deputy Administrator of Highways Established & Effective Date. 0 A. Upon adoption of this Local Law after approval at a mandatory referendum, the Office of Administrator of Highways is hereby created and shall become effective January 1, 2017. a 0 B. Upon adoption of this Local Law after approval at a mandatory referendum, the position of Deputy Highway Administrator is hereby created and shall become effective January E 1, 2017. 2 Packet Pg. 12 4.1.a § 35-3. Term of Office and Compensation of Administrator of Highways and Deputy co Administrator of Highways. A. The Administrator of Highways shall be appointed by and serve at the pleasure of the Town Board. 0 B. The Deputy Administrator of Highways shall be appointed by and serve at the pleasure of the Town Board. cm C. The Town Board shall fix the compensation to be received by the Administrator of 4- Highways and the Deputy Administrator of Highways. ,- d § 35-4. Residency. A. The Administrator of Highways and the Deputy Administrator of Highways shall both be an elector of the Town of Wappinger. 0 as § 35-5. Duties of Administrator of Highways and Deputy Administrator of Highways. 0 A. Except as hereinafter set forth, all duties, authority and power previously vested in the elected Superintendent of Highways by NY Town Law, NY Highway Law, the Local Laws and Ordinances of the Town of Wappinger or conveyed by any statute, local law, cm e rule or regulation shall be vested in the appointed Administrator of Highways, except that the employment and dismissal of all personnel in the Highway Department, subject to cm co Civil Service Rules and/or any Collective Bargaining Agreement, shall be made by the Town Board upon advisory recommendation of the Administrator of Highways. The advisory recommendation of the Administrator of Highways shall not be binding on the Town Board, and the Town Board may appoint or dismiss all Highway Department personnel independently of such advisory recommendation. as B. Except as hereinafter set forth, the appointed Administrator of Highways shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed by law for a Superintendent of Highways, and such further duties as the Town Board may determine not inconsistent with law. Any references contained in the Code of the Town co of Wappinger to the Superintendent of Highways shall be construed as applying to the duly appointed Administrator of Highways. LM C. During the absence of or inability of the Administrator of Highways to act, the Deputy Administrator of Highways shall act and be vested with all the powers and duties of the Administrator of Highways as provided above, and with such other powers and duties as may be assigned by the Town Board. 0 D. Before the Administrator of Highways or the Deputy Administrator of Highways shall perform any power or duty as set forth above, such Administrator and such Deputy a Administrator shall comply with the provisions of§ 25 of New York State Town Law. a. 3 Packet Pg. 13 4.1.a Section VI: SUPERSESSION OF THE TOWN LAW. This Local Law is hereby adopted pursuant to Municipal Home Rule Law §10(1)(i), a Baa §10(1)(ii)(a)(1), § 23.2.e. and Statute of Local Governments §10(6) of the State of New York. It A 0 is the intent of the Town Board, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) to 0 supersede New York State Town Law §20(1)(a) which requires that a Town of the First Class shall have a Town Superintendent of Highways as well as all other provisions of New York State - Law referring to the Office of Town Superintendent of Highways. d Section VII: MANDATORY REFERENDUM. U This Local Law is subject to a mandatory referendum and it shall be submitted to the 0 as qualified electors of the Town of Wappinger at the next general election of the Town to be held 0 on November 8, 2016 in accordance with the provisions of Municipal Home Rule Law § 23. Section VIII: NUMBERING OF CHAPTER 35. e CD The remaining provisions of Chapter 35 are hereby reconfirmed and shall be renumbered co to continue consecutively following the above amendments. 7@ Section IX: NUMBERING FOR CODIFICATION. e It is the intention of the Town of Wappinger and it is hereby enacted that the provisions as of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; co the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be 3 changed to "Chapter," "Section" or other appropriate word as required for codification; and any LM such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code effected thereby. U 0 Section X: SEPARABILITY. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, 0 0 word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or 0. circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect 4 Packet Pg. 14 4.1.a CO or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the Ui as legislative intent of the Town Board of the Town of Wappinger that this Local Law would have A 0 been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, < word or part had not been included therein, and if such person or circumstance to which the CD Cm Local Law or part thereof is held inapplicable had been specifically exempt therefrom. 0 I- Section XI: EFFECTIVE DATE. z 3 This Local Law shall take effect on December 31, 2016 after its approval by an U affirmative vote of a majority of the qualified electors of the Town and upon the filing of the as Local Law with the Secretary of State showing the approval by the majority of electors in 0 4343 accordance with the provisions of Section 27 of the Municipal Home Rule Law. E Cm Cme Cm Ui U. e e C C LM e cc U 0 8!i 0 0 C 4) 5 Packet Pg. 15 4.1.b NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a as PUBLIC HEARING on the day of August, 2016, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls,New York, at which time all parties in interest and x citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger 0 shall adopt a proposed Local Law, entitled "A Local Law of the Town of Wappinger, Dutchess County, co New York to Abolish the Positions of Elected Superintendent of Highways and Appointed Position of Deputy Highway Superintendent and Create the Positions of Administrator of Highways and Deputy Baa Administrator of Highways". PLEASE TAKE FURTHER NOTICE that the Local Law is to abolish the position of elected M Superintendent of Highways effective December 31, 2016 and to create the position of appointed 0 Administrator of Highways. Since the intent of this Local Law is to abolish the position of elected W CD Superintendent of Highways, the Town Board also elects to eliminate the position of Deputy Highway - Superintendent and create the position of Deputy Administrator of Highways. Z PLEASE TAKE FURTHER NOTICE this Local Law is subject to a mandatory referendum M and it shall be submitted to the qualified electors of the Town of Wappinger for approval at the next 7@ general election of the Town to be held on November 8, 2016 in accordance with the provisions of 0 Municipal Home Rule Law § 23. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 0- NYCRR 617.5 (c) (27) the proposed adoption of the aforementioned Local Law is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act(SEQRA) or e pursuant to Local Law# 6 of 1992 and, accordingly,no environmental review has been undertaken. CD C4 PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law#7 of the Year co Baa 2016 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall,20 Middlebush Road, Wappingers Falls,New York. S Dated: August 17th, 2016 BY ORDER OF THE TOWN BOARD 2 OF THE TOWN OF WAPPINGER 0 JOSEPH P.PAOLONI, TOWN CLERK Z Packet Pg. 16