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1998-01-30 SPM013098.SPM ! A Special Meeting of the Town Board of the Town of Wappinger was held on January 30, 1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 5:30 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Gerald Vergilis, Acting Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Al Roberts, Attorney to the Town The Supervisor scheduled the Meeting for January 30, 1998 for the purpose of appointing a chairman for the Planning Board. At this time 5:32 P.M. COUNCILMAN RUGGIERO moved to go into Executive Session with council in order to review research. Seconded by Mr. Bettina Motion Unanimously Carried The meeting reconvened at 6:24 P.M. with all Board Members present. COUNCILMAN VALDATI read the following resolution. WHEREAS, this Town Board has the lawful right and obligation to appoint members to the Town of Wappinger Planning Board and to designate a member of that Board as Chairman; and WHEREAS, on December 31, 1997, a vacancy occurred in the Planning Board membership as a consequence of the expiration of the term of Chris Simonetty; and WHEREAS, on January 5, 1998, this Town Board acted in furtherance of its governmental responsibility by appointing June Visconti to fill the vacancy created by the expiration of the Simonetty term; and WHEREAS, on January 5, 1998, this Town Board acted in furtherance of its governmental responsibility by appointing a Chairman of the Planning Board; and WHEREAS, on January 6, 1998, William Parsons, the Chairman submitted his resignation as Chairman of the Planning Board in protest of this Town Board's failure to reappoint Chris Simonetty; and WHEREAS, on January 26, 1998, at a public meeting of this Town Board, William Parsons, supported by the present members of the Planning 1 1� 013098.SPM Board, except June Visconti, demanded that this Town Board apologize for its failure to reappoint Chris Simonetty; and WHEREAS, on January 26, 1998, every present Planning Board member declined to accept the appointment of Chairman in the stead of William Parsons; and WHEREAS, in public and in private, members of this Planning Board have communicated to this Town Board that no member of the Planning Board will serve as Chairman until such time as this Town Board Tenders the demanded apology. NOW THEREFOR BE IT RESOLVED, that this Town Board reaffirms its right and obligation, and the right and obligation of every Town Board which succeeds it, to exercise its appointive powers as it deems fit, in its sole discretion, and answerable only to those constituencies which have duly elected them; and further BE IT RESOLVED, that this Town Board reaffirm that it is essential to its governmental function that it, and every Town Board which succeeds it, be free to exercise its appointive powers without the interference of any undue pressure or influence of any special interest group, be that group an appointive body or otherwise; and further, BE IT RESOLVED, that the position of the members of the Planning Board is frustrating this Town Board in the exercise of its obligation to appoint a Planning Board Chairman as such obligation is established by Town Law 272 (1); and further BE IT RESOLVED, that this Town Board will not have its appointive powers held hostage by the demand of its Planning Board for an apology; and further BE IT RESOLVED, that this Town Board shall not now, nor ever, apologize to this Town's Planning Board, or any other appointive body, for the lawful performance of its obligations to govern; and further BE IT RESOLVED, that this Town Board now demands that the members of the Planning Board, put aside any personal opinion in favor of their obligation to this Town, as sworn by each of them under oath, to fulfill their obligation as members of the Town's Planning Board by accepting the appointment of a Chairman from its membership by this Town Board. COUNCILMAN RUGGIERO moved to accept the above resolution, as the official statement of the Town Board. Seconded by Mr. Paoloni Motion Unanimously Carried 2 013098.SPM COUNCILMAN VALDATI spoke and reminded the members of the Planning Board he had contacted each one of them individually, by phone, asking them to come forward to chair this Planning Board, so the Town may continue Business. Would anyone come forward, and do what's necessary to do the business that we have sworn to uphold? He will now appoint someone, in the hopes that some one will pick up the challenge of helping this Town when we need you. The following Resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Ruggiero. RESOLVED, that Hugo Musto be appointed to serve as Chairman of the Planning Board for the Town of Wappinger. Mr. Musto said he could not accept the position, of Chairman for the Planning Board, because has neither the time nor the qualifications needed. He enjoys being a member, and spends a great deal of time preparing for meetings. ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni VOTE Nay Nay Nay Nay Nay Motion Defeated The following Resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Ruggiero. RESOLVED, that Michael Franzese be appointed to serve as Chairman of the Planning Board for the Town of Wappinger. Mr. Franzese also had to decline the appointment to serve as Chairman, stating that he worked an hour away and could not devote the time required for the job. ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni VOTE Nay Nay Nay Nay Nay Motion Defeated The following Resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Ruggiero. RESOLVED, that Robert Walker be appointed to serve as Chairman of the Planning Board for the Town of Wappinger. 3 013098.SPM Mr. Walker also had to decline the appointment to serve as Chairman of the Planning Board, on the grounds that he was the newest member on the Board. He wants to be on the Planning Board. He wishes to serve the community and thinks we should have responsible people serving the community. In reading your proclamation, you say we are protesting, I am not protesting. We were all very upset that Mr. Simmonety was not re- appointed. ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni VOTE Nay Nay Nay Nay Nay Motion Defeated The following Resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Ruggiero. RESOLVED, that June Visconti be appointed to serve as Chairman of the Planning Board for the Town of Wappinger. Mrs. Visconti said she appreciates the invitation to chair the Planning Board, but at this time I do not believe I can serve in that capacity. ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni VOTE Nay Nay Nay Nay Nay Motion Defeated There were two members that were not in attendance at tonight's meeting. Mr. DiNonno, and Mr. Grimshaw. Mr. Bettina had spoken to Mr. DiNonno and was informed that he wished to remain on the Planning Board, but could not make the commitment to be chairman at this time. Mr. Bettina also spoke to Mr. Grimshaw, who informed Mr. Bettina that he did wish to remain as a member of the Planning Board, but was not interested in being chairman. Mr. Grimshaw also sent the following letter to Mr. Bettina which was read by Mrs. Snowden. Dear Vincent: Please accept this confirmation to the Board of my intentions of remaining on the Planning Board, and continuing its work on behalf of the people of Wappinger Falls. I look forward to working with everyone to serve the town. At this time, I am not interested in being chairman, due to my work load. 4 I I' I 013098.SPM Best regards, George K. Grimshaw SUPERVISOR SMITH asked Mr. Parsons if he would serve as the chairman of the Planning Board with out offering an apology to Mr. Simonnety, and Mr. Parsons refused. At this time 6:40 P.M. COUNCILMAN VALDATI moved to go into Executive Session to confer with council. Seconded by Mr. Bettina Motion Unanimously Carried The Town Board returned from Executive Session at 7:52 P.M. with all Board members present. At this time Elaine H. Snowden, Town Clerk read the following Statement: STATEMENT OF CHARGES FOR REMOVAL OF EACH MEMBER AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER The Town Board of the Town of Wappinger hereby sets forth the following charges against the Members of the Planning Board. 1. Dereliction of his duty to act in manner consistent with the purpose of the Planning Board and in the best interests of the residents of the Town of Wappinger. 2. Insubordination in failing to accept the Town Board's appointment of a Planning Board member. 3. Insubordination in attempting to force the Town Board to reappoint a member of the Planning Board. 4. Insubordination in failing to accept an appointment by the Town Board to assume the duties of the chairperson of the Planning Board. 5. Malfeasance of duty in failing to accept a nomination to act as chairperson of the Planning Board of the Town of Wappinger acting in concert with other members of the Planning Board so as to render the Planning Board incapable of acting in the absence of a chairperson. 6. Misconduct and insubordination in attempting to usurp the power of the Town Board pursuant to Town Law 271 to appoint a Planning Board member and a Planning Board Chairmen. On the basis of said charges, the Town Board of the Town of Wappinger will hold a public hearing and an administrative hearing to consider and determine the issue of your removal from the Town of Wappinger Planning Board. You will be provided with separate notice of these hearings. 5 d,0ra-. 013098.SPM Pursuant to the Resolution adopted by the Town Board of the Town of Wappinger on January 30, 1998, this Statement of Charges is being signed by the Hon. Constance O. Smith, Supervisor, on behalf of the Town of Wappinger. Dated January 30, 1998 Town Board of the Town of Wappinger COUNCILMAN RUGGIERO moved to accept the Statement and authorize the Supervisor to sign Seconded by Mr. Valdati Motion Unanimously Carried The following resolution was moved by COUNCILPERSON PAOLONI and seconded by Councilperson Valdati. WHEREAS, on the 31st day of December, 1997, a vacancy was created on the Town of Wappinger Planning Board by virtue of the expiration of the term of one of its members; and WHEREAS, on the 5th day of January, 1998, the Town Board of the town of Wappinger, pursuant to its authority under Town Law 271, filled said vacancy by the appointment of a person it felt to be capable of fulfilling the duties of a Planning Board member, and, in addition, on the same day the Town Board appointed a Chairman to the Planning Board; and WHEREAS, immediately thereafter on January 6, 1998 the appointed Chairman submitted his resignation as Chairman in protest of the Town Board's appointment of the successor Planning Board member; and WHEREAS, a Planning Board meeting scheduled for January 19, 1998, at which time six matters were on the agenda, was canceled; and WHEREAS, at a Town Board meeting held on January 26, 1998 the Planning Board members in attendance demanded that the Town Board publicly apologize for its conduct and the manner in which it failed to reappoint the Planning Board member whose term had previously expired; and WHEREAS, at the Town Board meeting held on January 26, 1998, the resignation of the former Planning Board Chairman was accepted by the Town Board of the Town of Wappinger after he stated that he would not rescind this resignation unless there was a public apology made be the Town Board apologizing for the manner in which it appointed the successor Planning Board member; and WHEREAS, by virtue of the resignation of the Planning Board Chairman, there was no Planning Board member then acting as Chairman; and L•! 013098.SPM WHEREAS, the rules and procedures adopted by the Planning Board on September 14, 1987 require the Planning Board to have a Chairman and designate certain responsibilities to said Chairman; and WHEREAS, at the Town Board meeting on January 26, 1998, the Town Board inquired of each member of the Planning Board whether they were willing to accept the position of Chairman and each member in turn refused for various reasons to accept this position in what appears to the Town Board to be in apparent protest of the Town Board's failure to reappoint the former Planning Board member; and WHEREAS, the next schedule meeting of the Planning Board is February 2, 1998 at which time there are scheduled ten matters on the agenda, including those matters which were adjourned from the January 19, 1998 canceled meeting; and WHEREAS, the Town Board is concerned that there are matters scheduled for action by the Planning Board that are being unduly and unnecessarily delayed as a result of the conduct of the Planning Board; and WHEREAS, there are a number of matters on the Planning Board agenda which require the immediate attention of this Board, including, but not limited to, the Planning Board's input on the Cell Tower Legislation which is presently being considered during the currently imposed moratorium which is scheduled to expire in approximately sixty days; and WHEREAS, on January 30, 1998 the Town Board attempted to designate a Chairman from among the members of the Planning Board but each designated member in turn refused to accept the position; and WHEREAS, it is apparent to the Town Board that the actions of each member of the Planning Board are in direct protest to the Town Board's failure to reappoint the former Planning Board member despite the Town Board's power to fill any vacancies as the Town Board deems appropriate; and WHEREAS, the Town Board of the Town of Wappinger has determined that it is in the best interest of the Town of Wappinger to remove each and every member of the Planning Board for cause. NOW THEREFORE, be it resolved as follows: 1. The Town Board hereby approves the Statement of Charges against each and every members of the Town of Wappinger Planning Board in the form annexed hereto. 2. The Town Board hereby directs the Supervisor of the Town of Wappinger, Constance O. Smith, to sign said Statement of Charges on behalf of the Town Board. el 013098.SPM 3. The Town Board hereby schedules a Public Hearing, to be immediately followed by an Administrative Hearing, to consider and determine the proposed removal of the Planning Board members to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 20th day of February, 1998 at 7:00 P.M., and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. 4. The Town Board hereby directs the Town Clerk to send a copy of the Statement of Charges and a Notice of Intention to Remove to each member of the Town of Wappinger Planning Board by certified mail, return receipt requested. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE SMITH, Supervisor voting Aye ROBERT VALDATI, Councilperson voting Aye VINCENT BETTINA, Councilperson voting Aye JOSEPH RUGGIERO, Councilperson voting Aye JOSEPH PAOLONI, Councilperson voting Aye The Resolution is hereby duly declared adopted. COUNCILMAN RUGGIERO moved to close the Town Board Meeting, seconded by Mr. Bettina and Unanimously Carried. The Special Meeting closed at 8:05 P.M. Elaine H. Snowden Town Clerk