2012-275
2012-275
Resolution Authorizing a Civil Compromise and So-Ordered Stipulation of Settlement and
Execution of Same in Connection with an Action Pending Against Sean McElduff
At a 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 October
9,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki (arrived at 7:39 PM)
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Bettina.
WHEREAS, Defendant, Sean Mc Elduff, was served with various violations of the
Town of Wappinger Code including, but not limited to, placing large amount offill material onto
Town owned property, as well as grading without a permit and non-compliance of a stop work
order; and
WHEREAS, in lieu of removing the fill, Defendant, Sean Mc Elduff, has volunteered to
make certain improvements to the Town of Wappinger Robinson Lane Recreation Field,
specifically constructing a 30 foot baseball dugout, as community service and in furtherance of a
Civil Compromise of the above mentioned charges; and
WHEREAS, the baseball dugout has been inspected and approved, and a Certificate of
Compliance has been issued by the Town of Wappinger Code Enforcement Officer, Salvatore
Morello; and
WHEREAS, the parties desire to enter into a Civil Compromise to resolve the pending
charges upon the terms and conditions as set forth in the Civil Compromise and So-Ordered
Stipulation of Settlement, a copy of which is affixed hereto; and
WHEREAS, the Town hereby authorizes the Attorney to the Town, Albert P. Roberts, to
enter into a Civil Compromise to resolve the pending charges against Sean Mc Elduff upon the
terms and conditions set forth in the above referenced Civil Compromise.
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 approves the terms and conditions of the Civil
Compromise and So-Ordered Stipulation of Settlement and hereby authorizes the
Attorney to the Town to execute same in full satisfaction of all charges against
Sean Mc Elduff.
3. The Town Board also acknowledges that Code Enforcement Officer, Salvatore
Morello, has confirmed that all Building and Zoning Code violations at the
Defendant's residence have been remedied and agree to request the Justice Court
to dismiss all charges against the Defendant, with prejudice, upon the execution of
this Civil Compromise and So-Ordered Stipulation of Settlement.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
10/9/2012
The Resolution is hereby duly declared adopted.
;1\....
CHRISTINE FULTON, TOWN CLERK
JUSTICE COURT: TOWN OF WAPPINGER
STATE OF NEW YORK
[R1~~~~~~~
Plaintiff,
NOV 91 2012
TOWN OF WAPPINGER \
TOWN CLERK
------------------------------------------------------------------------)C
PEOPLE OF THE STATE OF NEW YORK,
-against -
CIVIL COMPROMISE AND
SO-ORDERED STIPULATION
OF SETTLEMENT
SEAN MC ELDUFF,
Defendant.
------------------------------------------------------------------------)C
WHEREAS, the Defendant, Sean McElduff, with an address at 1 Bailey's Run,
Wappingers Falls, New York 12590, was served with various violations of the TO\\TI of
Wappinger Code including, but not limited to, placing large amounts of fill material onto Town
o~ed property; and
WHEREAS, the following appearance ticket numbers: 01397 and 01399, dated
respectively June 2, 2009 and June 8, 2009, were issued charging the Defendant with alleged
violations of the To~ of Wappinger Code concerning improperly placed fill on To~ of
Wappinger property, as well as grading without a permit and non-compliance of a stop work
order; and
WHEREAS, the Defendant has appeared to answer these charges by his attorney, Arnis
Zilgme, Esq., and the To~ of Wappinger has appeared in these proceedings by Albert P.
Roberts, Esq., Attorney to the To~; and
WHEREAS, the To~ Board has determined that the removal of the improperly placed
fill would have a far greater impact to the Town and the surrounding neighbors than leaving the
improperly placed fill in place;
1
C:\Documents and Settings\CFulton\Local Settings\Ternporary Internet Files\Content.Outlook\4SQ2T8A4\Stipulation.doc
WHEREAS, in lieu of removing the fill, Sean McElduff had volunteered to make certain
improvements to the Town of Wappinger Robinson Lane Recreation Field, specifically
constructing a 30 foot baseball dugout in furtherance of a Civil Compromise of the above
referenced charges; and
WHEREAS, the dugout has been constructed, inspected, approved and a Certificate of
Compliance has been issued by the Town of Wappinger Code Enforcement Officer, Salvatore
Morello; and
WHEREAS, Code Enforcement Officer, Salvatore Morello has confirmed that all
outstanding violations of the Town Building and Zoning Code at the Defendants residence, as of
the date hereof, have been addressed and satisfactorily resolved; and
WHEREAS, the parties desire to enter into a Civil Compromise to resolve the pending
charges against Defendant; and
WHEREAS, the Town Board has heretofore authorized the Attorney to the Town, Albert
P. Roberts, to enter into a Civil Compromise to resolve the pending charges against Sean
McElduff upon the terms and conditions set forth in.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the parties as follows:
1. The recitations above set forth are incorporated in this Civil Compromise and So-
Ordered Stipulation of Settlement as if fully set forth and adopted herein.
2. The People hereby acknowledge the satisfactory construction of a 30 foot baseball
dugout, in accordance with the plans and specifications provided to the Defendant and that a
Certificate of Compliance has been issued therefore.
2
C:\Documents and Scttings\CFulton\Local Scttings\Temporary Internet Files\ContenLOutlook\4SQ2T8A4\Stipulation.doc
3. The People also acknowldge that Town of Wappinger Code Enforcement Officer,
Salvatore Morello, has confirmed that all Zoning Code/Building Code violations at the
Defendant's residence have been satisfactorily remedied by defendant.
4. The parties also acknowledge that the Town Board has authorized the Attorney to the
Town to accept the construction of the above referenced dugout, as a Civil Compromise, in full
satisfaction of any fines or penalties that may be due by the Defendant in consequence of the
above referenced appearance tickets.
5. The parties agree to request the Justice Court to dismiss all charges set forth above
against the Defendant, with prejudice, upon the execution of this Stipulation.
Dated:
,2012
ARNIS ZILGME, ESQ.
Attorney for Defendant
P.O. Box 13263
Albany, New York 12212
Dated:
,2012
TOWN OF WAPPINGER
By:
ALBERT P. ROBERTS, ESQ.
Attorney to the Town of Wappinger
acting by and on behalf of the
People of the State of New York and
the Town Board of the Town of Wappinger
Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
Wappingers Falls, New York 12590
SO ORDERED, this day of
,2012 at Wappingers Falls, New York.
, Town Justice
3
C:\Documents and Settings\CFulton\Local Settings\Temporary lntemet Files\Content.Outlook\4SQ2T8A4\Stipulation.doc