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2002-10-16 SPM10/16/2002.SPM A Special Meeting of the town board of the Town of Wappinger was held on October 16, 2002 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. The purpose of the meeting was to discuss the Recreation Budget for the year 2003. SUPERVISOR RUGGIERO opened the meeting at 7:45 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman (arrived 7:52 p.m.) Vincent Bettina, Councilman (arrived 7:52 p.m.) Christopher Colsey, Councilman Joseph Paoloni, Councilman Other Present: Al Roberts, Attorney to the Town Ralph Holt, Chairman of Recreation Absent: Gloria J. Morse, Town Clerk Discussion was held with Mr. Holt on the Recreation Budget. At this time 9:01 p.m. Councilman Bettina moved to go into Executive Session to confer with attorney on a legal matter, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 10:00 p.m. with all board members present. RESOLUTION NO. 2002-289 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, in accordance with Resolution adopted in Executive Session on this evening, the Town Board hereby intends to commence disciplinary proceedings against an employee and officer of the Town identified in Executive Session, to appoint attorneys to represent the Town in connection therewith and to further appoint a Hearing Officer to preside over that the disciplinary hearing, make findings of fact and to recommend the penalty or punishment to be imposed thereon. NOW THEREFORE BE IT RESOLVED, as follows 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and authorizes disciplinary proceedings to be conducted against the individual named in certain Specifications discussed and adopted by the Town Board in Executive Session this evening, charging said individual with various acts of misconduct, malfeasance, misfeasance and maladministration of public office, and seeking said individual's dismissal and removal from office. 1 10/16/2002.SPM 3. The Town Board schedules a Hearing on the above Specifications; said Hearing is to be held on the 19th day of November, 2002 at 9:30 a.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590. 4. Stephen J. Wing, Esq., an attorney licensed to practice in the State of New York, with an address at 128 Academy Street, Poughkeepsie, New York is hereby appointed Hearing Officer to conduct and preside over the Hearing, who shall make findings of fact and recommend to the Town Board the penalty or punishment to be imposed thereon. 5. Stephen J. Wing, Esq. shall be paid for his services as Hearing Officer at the rate of $125 per hour. 6. The Law firm of Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP is hereby retained and authorized to represent the Town of Wappinger in this matter, to prosecute the charges set forth in the Specifications made against the individual identified in Executive Session and in the Specifications and to otherwise take whatever legal steps are necessary by and on behalf of the Town of Wappinger to conduct disciplinary proceedings against the individual named in the Specifications, ultimately seeking the removal of said individual from office and the termination of employment as an employee and Public Officer of the town, in accordance with applicable law. 7. The law firm of Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP shall be paid in accordance with the retainer arrangement presently in place between the Town of Wappinger and said law firm. 8. Supervisor of the Town of Wappinger, Joseph Ruggiero, and the law firm of Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP are hereby directed to take whatever steps are necessary to have the aforementioned Specifications served on the individual identified in said Specifications. 9. The Town Board further confirms that the Resolution adopted in Executive Session this evening and the contents of the specifications shall remain confidential until final disposition of this matter. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the board. 2 10/16/2002.SPM Councilman Paoloni moved to close the Special Meeting, seconded by Councilman Bettina and unanimously carried. The Special Meeting closed at 10:06 p.m By Sandra Kosakowski Deputy Town Clerk 3