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2006-153em -%O' PY 2006-153 Resolution Authorizing Litigation against Cservak Construction Company, Joseph Cservak and Michael Cservak 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 June 12th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, on information and belief, the owner(s) of property on or near 148 Old Hopewell Road, owned by the members of the Cservak family, and are blatantly engaged in a trucking operation with storage and repair facilities on that property in the Town of Wappinger, New York, and continue to engage in practices found to be illegal by the Zoning Administrator under the applicable Town of Wappinger Code; and WHEREAS, these practices detrimentally affect the health, safety and welfare of the citizens of the Town of Wappinger; and WHEREAS, past efforts to have Joseph and Michael Cservak cease and desist from such practices have not been successful, and equitable relief from a Superior Court is needed in order to obtain such relief; 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. Town Supervisor, Joseph Ruggiero, Special Counsel to the Town, Marco Caviglia, Esq., and Zoning Administrator Tatiana Lukianoff, are hereby authorized to take all legal action necessary to commence litigation proceedings against Joseph and Michael Cservak and parties necessary for the cessation of the illegal practices being conducted at the aforesaid location or its immediate vicinity. -W The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 6/12/2006 The Resolution is hereby duly declared adopted. (2- - (<. 9L �� JOHN C. STERSON, TOWN CLERK