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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