1998-01-30RESOLUTION
At a special 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 30th day of January, 1998, at 5:30 p.m.
The meeting was called to order by Constance O. Smith, Supervisor, and upon roll
being called, the following were:
PRESENT: Supervisor
Councilpersons
ABSENT:
Constance O. Smith
Robert L. Valdati
Joseph Ruggiero
Vincent Bettina
Joseph D. Paoloni
The following resolution was moved by Councilperson 1 �[��' n. r� and
seconded by Councilperson V jdXI
WHEREAS, on the 31 st 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
o:\common\wappinger\locallaw\resoltns\stateint. I
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 by 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
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
o:\common\wappinger\locallaw\resoltns\statemt. l
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 scheduled 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 this 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
o:\common\wappinger\locallaw\resoltns\statemt. l
WHEREAS, the Town Board of the Town of Wappinger has determined that it is in
the best interests 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 member 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.
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
rA
Falls, New York on the day of Fid)ev ie , 1998 at o'clock 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 O. SMITH, Supervisor
ROBERT L. VALDATI, Councilperson
o:\common\wappinger\locallaw\resoltns\statemt. l
voting `fie
voting Ile
Im
JOSEPH RUGGIERO, Councilperson
VINCENT BETTINA, Councilperson
JOSEPH D,. PAOLONI, Councilperson
The Resolution is hereby duly declared adopted.
Dated: January 30, 1998
Wappingers Falls, New York
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voting cim e
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ELAI E SNOWDEN, Town Clerk
Town of Wappinger
STATEMENT OF CHARGES FOR REMOVAL OF
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth
the forth the following charges against h 2 kc
1. Dereliction of his duty to act in a 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 Chairman.
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.
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: 1-11� �0) jggR
TOWN BOARD OF THE TOWN OF WAPPINGER
BY:
HON. CONSTANCE O. SMITH, Supervisor
Southern Dutchess News
914 2P7--3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12390
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
.... JOAN MILLER of the
................................................
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .Bookkeeper..........
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for one ...seeks
successively in each week, commencing on the
... 4th, day of .February 108 and on the
following dates thereafter, namely on
.................................................................
and ending on the ...4th ..... day o f Feb........
19.9A both days inclusive.
Subscribed and sworn to before me
this ....4th,,, day of ,Fe..uar ....., , f9 98
Notary Public
My commission expires .................................
RACHEL. WISHART
NOTARY PUBLIC, STATE OF NEW YORK
OUALIFIED IN DUTCHESS COUNTY
# 144&55902
COMMISSION EXPIRES MARCH 31.1
s
TOWN BOARD STATEMENT
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 appointpn.g a
Chairman of the Planning Board; and �`1��5
G
WHEREAS, on January 6, 1998, William ParsonsAsubmitted 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 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
s
Planning Board will serve as Chairman until such time as this
Town Board tenders the demanded apology.
NOW, THEREFORE, 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 reaffirms 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 obligation 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
under oath, to
obligation to
fulfil their
this Town, as sworn by each of them
obligation as
members of this Town's
Planning Board
by accepting
the appointment of a Chairman from
its membership
by this Town
Board.
TOWN BOARD STATEMENT
WHEREAS, this Town Board has previously urged any of the members of its
Planning Board to step forward and accept the nomination to serve as its Chairman; and
WHEREAS, each and every member of its Planning Board has previously failed and
refused to accept the nomination to serve as its Chairman; and
WHEREAS, as a consequence of the foregoing, this Board, in order to ensure the
orderly flow of the Town's business, adopted a Resolution directing a Public Hearing to be
had for the purpose of removing the Planning Board membership for cause; and
WHEREAS, a Planning Board member, PHILIP DINONNO, has presently advised
this Town Board that he will serve as Planning Board Chairman if nominated and 11a
and
WHEREAS, this Town Board is satisfied that it has established and affirmed its
unfettered right to appoint the Chairman of its Planning Board; and
WHEREAS, this Town Board is of the collective opinion that for the good of the
Town and the conduct of the Town's business will be best served by nominating and 1�11,
PHILIP DINONNO to serve as Chairman of the Town of Wappinger Planning Board.
NOW, THEREFORE, be it resolved that this Town Board does nominate and cl c tir
PHILIP DINONNO to serve as Chairman of the Town of Wappinger Planning Board; and
BE IT FURTHER RESOLVED, that all pending charges made against the existing
membership of the Town of Wappinger Planning Board shall be and hereby are deemed
withdrawn with prejudice.
I
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: ROBERT G. WALKER
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of his duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
STATEMENT OF CHARGES FOR REMOVAL OF ROBERT G. WALKER
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against ROBERT G. WALKER.
1. Dereliction of his duty to act in a 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 Chairman.
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.
A
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: MICHAEL FRANZE5E
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of his duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
STATEMENT OF CHARGES FOR REMOVAL OF MICHAEL FRANZESE
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against MICHAEL FRANZESE.
1. Dereliction of his duty to act in a 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 Chairman.
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.
t
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: PHILIP DINONNO
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of his duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
STATEMENT OF CHARGES FOR REMOVAL OF PHILIP DINONNO
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against PHILIP DINONNO.
1. Dereliction of his duty to act in a mariner 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 Chairman.
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.
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: HUGO MUSTO
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of his duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
STATEMENT OF CHARGES FOR REMOVAL OF HUGO MUSTO
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against HUGO MUSTO.
1. Dereliction of his duty to act in a 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 Chairman.
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.
STATEMENT OF CHARGES FOR REMOVAL OF GEORGE GRIMSHAW
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against GEORGE GRIMSHAW.
1. Dereliction of his duty to act in a 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 Chairman.
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.
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: GEORGE GRIMSHAW
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of his duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: WILLIAM PARSONS
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of his duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
Attached hereto and made a part hereof by reference and marked Exhibit A is a copy
of the Statement of Charges that have been filed against you.
You have eight (8) days to answer the charges in writing.
You have the right to be represented by counsel and have the right to be afforded a
reasonable period of time to obtain representation.
DATED: Wappingers Falls, New York
January 30, 1998
TOWN BOARD OF THE TOWN OF WAPPINGER
By:
ELAINE H. SNOWDEN, Town Clerk
STATEMENT OF CHARGES FOR REMOVAL OF WILLIAM PARSONS
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against WILLIAM PARSONS.
1. Dereliction of his duty to act in a 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 Chairman.
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.
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: Wappingers Falls, New York
January 30, 1998
TOWN BOARD OF THE TOWN OF WAPPINGER
IN
HON. CONSTANCE O. SMITH, Supervisor
NOTICE OF INTENTION TO REMOVE PLANNING BOARD MEMBER
TO: JUNE A. VISCONTI
You are hereby advised and given notice that on January 30, 1998 the Town Board of
the Town of Wappinger filed with the Town Clerk the following written and signed and
verified charges against you:
1. Dereliction of her duty to act in a 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 Chairman.
On the basis of said charges, the Town Board has adopted a Resolution to hold a
public hearing and thereafter an administrative hearing to determine the issue of your
removal from the Town of Wappinger Planning Board.
STATEMENT OF CHARGES FOR REMOVAL OF JUNE A. VISCONTI
AS A MEMBER OF THE PLANNING BOARD OF THE TOWN OF WAPPINGER
The Town Board of the Town of Wappinger hereby sets forth the forth the following
charges against JUNE A. VISCONTI.
1. Dereliction of her duty to act in a 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 Chairman.
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.