2002-10-28 RGMMonday, October 28, 2002
7:30pm
Wappinger Town Hall
AGENDA
Call to Order
Roll Call, Salute to the Flag
Receipt and Approval of Town Board Minutes:
June 19, 2002 Special Meeting
September 9, 2002 Workshop
September 23, 2002 Town Board Meeting
October 16,2002 Special Meeting
Suspension of Rules for Public Comment on Agenda Items
Discussions:
Robinson Lane Lighting
Chloride Contamination
Neshiawat Rezone
Phase 3A Litigation
Correspondence Log:
2002CL-0702 to 2002CL-0771
Resolutions:
2002-282 Resolution Authorizing Relocation of Water Line Easement on Lot No. 4
in the Parsons Subdivision
2002-286 Resolution Denying Refund of Late Fees for Water and Sewer Charges
2002-287 Resolution Authorizing Garg Escrow Refund
2002-288 Authorize Purchase Order for Clay for Recreation
2002-291 Resolution Authorizing Daneshvar Escrow Refund
2002-292 Resolution of Support for Youth Grant Application
2002-293 Resolution Authorizing MGD Escrow Refund
2002-294 Resolution Authorizing Talaber Escrow Refund
2002-295 Resolution Designating Dutchess County as Lead Agency for Empire
Zone
2002-296
Resolution Von Bergen Fire
2002-300
Resolution Authorizing Purchase Order for Benches for Recreation
2002-301
Resolution Authorizing Purchase Order for Projector for Recreation
2002-302
Resolution Authorizing Purchase Order for Bleachers for Recreation
2002-303
Resolution Accepting Correspondence Log
2002-304
Authorizing Public Hearings to Hear Objections to the Assessment Rolls
and Proposed Budgets for Improvement Areas
2002-305
Resolution Confirming the Water Restriction for the Tall Trees Water
Improvement Area
2002-306
Resolution to Authorize Bonding for Robinson Lane
New Business/Comments
Adjournment
10/28/2002.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held
on October 28, 2002 at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:30
p.m.
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent
Absent:
Vincent Bettina, Councilman
Supervisor Ruggiero announced Mr. Bettina was absent tonight due to an
illness in his family.
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
RECEIPT & APPROVAL OF MINUTES
The Minutes of the Special Meeting of June 19, 2002 Workshop Meeting of
September 9, 2002, Town Board Meeting of September 23, 2003 and Special
Meeting of October 16, 2002 having previously been forwarded to the Board
Members, were now placed before them for their consideration. Councilman
Valdati stated that there was an error on the last page of the September 23rd
meeting.
COUNCILMAN VALDATI moved to accept the above stated Minutes as
submitted by the Town Clerk be and they are hereby approved as corrected.
Seconded by Councilman Colsey
Motion Unanimously Carried
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA
ITEMS.
COUNCILMAN VALDATI moved to Suspend the Rules for Public Comment
on Agenda Items.
Seconded by Mr. Colsey
Motion Unanimously Carried
CORRESPONDENCE LOG 2002 -CL — 0702 TO 2002 -CL - 0771
( SEE ATTACHED SHEETS)
DISCUSSIONS:
• Robinson Lane Lighting:
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10/28/2002.RGM
Jay Paggi, Engineer to the Town announced that correspondence had been
received from Fellenzer Engineering in regard to the bids that were received
for the Robinson Lane Baseball Sports Lighting. The bids were open on
September 16, 2002 and the apparent low bidder was Stilsing Electric from
Rensselaer, New York with a Base bid of $358,580 and Alternates A and B
were $189,000 and $93,558, respectively. Mr. Paggi also recommended that a
5% contingency be added for unforeseen circumstances bringing the total bid
to approximately $673,000. On the first week of October, Mr. Paggi received
notification from Mr. Fellenzer that there may have been some discrepancies
in the bid, because the specifications were not drawn to current Little League
standards. Mr. Paggi then sent a 2002 Operating Manual for Little League
standards to Mr. Fellenzer for his review and to advise the town, if in fact
the bid document did meet those standards. He received a reply from Mr.
Fellenzer and he advised that the lighting specs that were put out to bid for
the base bid ( Senior League I plus the recreation area) do meet the Little
League requirements. Alternate B which is the girls field does not.
Alternate A which is the larger field in the southeast corner of the property
known as Memorial Field does. Mr. Paggi discussed this with Al Roberts,
Attorney to the Town and they felt it would be prudent to reject all bids and
order a rebid with different specifications specifically complying to the 2002
operating manual. Discussion followed.
Councilman Paoloni moved to reject all bids and rebid based on new
standards as recommended by Mr. Paggi.
Seconded by Councilman Valdati
Motion Unanimously Carried
• Chloride Contamination:
At the September meeting, Mr. Paggi's office was authorized to contact the
towns consulting Hydrogeoligist to see if there were any types of testing or
protocol that had been set up to determine the causes of chloride
contamination of individual water supply wells. He sent the request to Tom
Cusack of Leggette, Brashears & Graham, Inc. on September 10, 2002 and
Mr. Cusack responded with a draft investigation Guidelines for Potential
Road Salt Contamination of Ground -Water Supply Sources. Mr. Paggi also
sent a copy of the report to the town board, Mrs. Morse's Office, Mr. Roberts,
and Mr. Tremper. The draft protocol gives a historical background of the
problems that have been cropping up in individual water supply wells with
chloride contamination. The protocol goes on to list the possible potential
sources of this contamination, including but not limiting to changing
chemistry and the ground water itself, road salt intrusion, and/or softener
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10/28/2002.RGM
backwash waste. It also speaks of the potable water supplies and how one
might go about testing or determining where the potential source is coming
from. Seasonal testing, logging of the wells, septic, and water softener data
would be necessary in order to make a determination as to the potential
sources of the chloride contamination. The report further determines that a
portion of the increase in the chlorides in the ground water is due to road
salt application. Mr. Cusack also informed Mr. Paggi that he would be more
than happy to come and present a more detailed presentation if the board is
so inclined. Discussion followed. Mr. Paggi announced he would contact
LGB to prepare a cost study for the next workshop with Mr. Foster also in
attendance.
• Nesheiwat Rezone
Al Roberts, Attorney to the Town announced we can not go forward until we
hear from Ed Rose, manager of the Dutchess County Airport with his
comments and recommendations. Supervisor Ruggiero will set up a meeting
with the applicant in attendance.
• Phase 3A Litigation -- Tabled to Executive Session
RESOLUTION NO. 2002-282
RESOLUTION AUTHORIZING RELOCATION OF WATER LINE
EASEMENT ON LOT 4 IN THE PARSONS SUBDIVISION
The following Resolution was introduced by Supervisor Ruggiero and
seconded by Councilman Valdati.
WHEREAS, Ultra -Craft Homes, Inc. is the owner of certain premises
commonly referred to as Lot No. 4 in the Parsons Subdivision on Map No.
7152 filed in the Dutchess County Clerk's Office, hereinafter referred to as
"Lot 4"; and
WHEREAS, said Lot is encumbered by a Water Line Easement more
particularly identified in Easements recorded in the Dutchess County Clerk's
Office at Liber 1395 cp 704 and assigned in Liber 1397 cp 73, hereinafter
referred to as "Original Easement"; and
WHEREAS, the Original Easement is located in the central part of the Lot
impeding the construction of a single family home on said Lot; and
WHEREAS, Ultra -Craft Homes, Inc. is desirous of relocating the Water Line
Easement to run parallel with the northerly boundary of said Lot, a more
particularly described in Schedule "A".
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.
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2. The Town Board hereby authorizes a relocation f the Water Line
Easement to the area of the lot more particularly described in the
Easement attached as Schedule "A" and also authorizes an abandonment
of the necessary portion of the Easement located on said Lot No. 4 on MP
No. 7152
3. The Town Board hereby further authorizes Joseph Ruggiero, Supervisor
to the Town of Wappinger, Joseph E. Paggi, Jr., P.E., Engineer to the
Town of Wappinger, and Albert P. Roberts, Attorney to the Town of
Wappinger, to take what ever steps are necessary to relocate the Water
Line Easement to the area of the lot more particularly described as
Schedule "A".
4. Supervisor Joseph Ruggiero is authorized to execute any and all
documents deemed necessary to establish the new Easement and abandon
the unneeded portion of the original Easement upon approving
recommendations from the Engineer to the Town, Joseph E. Paggi, Jr.,
P.E., and the Attorney to the Town, Albert P. Roberts, that the any and all
such documents are in proper legal form for recording.
5. The Town Board hereby accepts the new Easements as described in
Schedule "A".
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 Absent
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-286
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Colsey.
WHEREAS, Ms. Kathryn Leonard residing at 5 Wildwood Manor,
Wappingers Falls, New York, has requested that the $13.86 (10%) late charge
imposed on her unpaid water and sewer charges for last quarter be waived,
in her letter dated October 7, 2002 to Debbie Brown, Receiver of Taxes of the
Town of Wappinger.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
The request of Ms. Kathryn Leonard residing at 5 Wildwood Manor,
Wappingers Falls, New York, for the waiver of the $13.86 (10%) late charge
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10/28/2002.RGM
on her unpaid water and sewer charges for last quarter be waived, is hereby
denied.
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
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-287
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW
FUNDS FROM 30 CARMEL HEIGHTS
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Valdati.
WHEREAS, on or about December 4, 2001, Anil Garg deposited Five
Thousand, Five Hundred Dollars ($5,500.00) with the Town of Wappinger in
escrow to secure the completion of site work at 30 Carmel Heights,
Wappingers Falls, New York pursuant to Building Permit No. P00-644; and
WHEREAS, the required site work has now been satisfactorily completed and
the return of the escrow amount of Five Thousand, Five Hundred Dollars
($5,500.00) has been recommended by Mark Liebermann, Town of Wappinger
Fire Inspector, in his letter dated September 19, 2002 to the Town of
Wappinger Town Board.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
Payment is approved in the amount of Five Thousand, Five Hundred Dollars
($5,500.00) made payable to Anil Garg for the refund of the unused escrow
funds deposited for the required site work at 30 Carmel Heights, Wappingers
Falls, New York pursuant to Building Permit No. P00-644.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
CHRISTOPHER J. COLSEY, Councilman
The Resolution is hereby duly declared adopted
5
Voting
Aye
Voting
Aye
Voting
Absent
Voting
Aye
Voting
Aye
10/28/2002.RGM
RESOLUTION NO. 2002-288
RESOLUTION TO AUTHORIZE THE PURCHASE OF CLAY FOR
THE ROBINSON LANE RECREATION AREA
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Colsey.
WHEREAS, the Recreation Committee of the Town of Wappinger has
recommended the purchase of Twenty Five (25) tons of beam clay for use at
the Robinson Lane Recreation Area.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
Payment is approved in the amount of One Thousand, Eight Hundred and
Seventy Five Dollars ($1,875.00) made payable to Partec Peat Corporation
with an office at Kelsey Park, Great Meadows, New Jersey 07838 from
Recreation Account No. A-7110.4, for the purchase of twenty-five beam clay
for the Robinson Lane Recreation Area in accordance with the letter dated
September 25, 2002 from Ralph J. Holt, Chairman of the Recreation
Committee, to the Town Board Members.
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
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-291
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW
FUNDS FROM 24 CARMEL HEIGHTS
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Colsey.
WHEREAS, on or about June 30, 2000, Shahram Daneshvar deposited One
Thousand Five Hundred Dollars ($1,500.00) with the Town of Wappinger in
escrow to secure the completion of seeding at 24 Carmel Heights, Wappingers
Falls, New York pursuant to Building Permit No. P99387; and
WHEREAS, the required seeding has now been satisfactorily completed and
the return of the escrow amount of One Thousand and Five Hundred Dollars
($1,500.00) has been recommended by Karl H. Seebruch, Town of Wappinger
Building Inspector, in his letter dated October 1, 2002 to the Town of
Wappinger Town Board.
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NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
Payment is approved in the amount of One Thousand Five Hundred Dollars
($1,500.00) made payable to Shahram Daneshvar for the refund of the
unused escrow funds deposited for the required seeding at 24 Carmel
Heights, Wappingers Falls, New York pursuant to Building Permit No.
P99387.
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
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-292
RESOLUTION OF SUPPORT FOR YOUTH GRANT APPLICATION
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Valdati.
WHEREAS, the Town Board determines it is in the best interest of the Town
to make application to the Dutchess County Youth Board for a Youth
Development/Delinquency Prevention Grant for the calendar year 2003, a
copy of which application is appended to these minutes; and
WHEREAS, the Town Board agrees to disburse the grant funds and to
provide the services as itemized and identified in the application.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
The Town Supervisor is hereby authorized to make application to the
Dutchess County Youth Board in the form of application attached hereto.
The Town Board hereby adopts the representations, terms and conditions
contained in the application submitted to the Dutchess County Youth Board
(code number 03132710R033) and hereby approves the Projects described in
the Youth Development Delinquency Prevention application on file with the
New York State Division for Youth and the Dutchess County Youth Board.
By accepting the grant monies the Town hereby agrees to the following:
That the Town of Wappinger will abide by the OCFS as to the propriety of all
expenditures upon which state aid is requested;
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10/28/2002.RGM
The project will be operated in compliance with the laws, rules, regulations,
resolutions, and codes of the State of New York and pertinent political
subdivisions;
No youth will be denied the services or facilities of this project because of
race, creed, color or sex; and
No fee will be charged for the program supported by State funds.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT BETTINA, Councilman Voting Absent
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2002-293
RESOLUTION AUTHORIZING REFUND OF APPLICATION FEES
AND
UNUSED ESCROW FUNDS DEPOSITED BY MGD Development
GROUP, LLC
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Paoloni.
WHEREAS, on or about June 3, 2002, MGD Development Group, LLC
(hereinafter referred to as "MGD") made Application for both Subdivision
Approval and Site Plan Approval for properties located on Old Hopewell Road
in the Town of Wappinger, County of Dutchess, State of New York; and
WHEREAS, in connection with the Application for Subdivision Approval,
Application No. 02-5057, MGD deposited the sum of Eight Hundred Dollars
($800.00) representing the Application Fee and Three Thousand, Seven
Hundred and Fifty Dollars ($3,750.00) representing fees to be held in escrow
to ensure the Town would be reimbursed for review fees incurred by the
Town's professional consultants; and
WHEREAS, in connection with the Application for Site Plan Approval,
Application No. 02-3057, MGD deposited the sum of Thirty Five Thousand,
Two Hundred and Fifty Dollars ($35,250.00) representing the Application Fee
and Fifty Two Thousand, Five Hundred Dollars ($52,500.00) representing
fees to be held in escrow to ensure the Town would be reimbursed for review
fees incurred by the Town's professional consultants; and
WHEREAS, the Applications for both Subdivision Approval and Site Plan
Approval have been withdrawn and MGD requests the return of the
Application Fees together with the unused portions of the escrow fees
deposited to ensure payments to the Town's professional consultants.
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10/28/2002.RGM
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
In connection with the Application for Subdivision Approval, Application No.
02-5057, payment is hereby approved to MGD in the amount of Eight
Hundred Dollars ($800.00) representing the refund of the Application Fee
and the sum of Three Thousand, Seven Hundred and Fifty Dollars
($3,7500.00) representing the amount of the unused escrow deposit.
In connection with the Application for Site Plan Approval, Application No.
02-3057, payment is hereby approved to MGD in the amount of Thirty Five
Thousand, Two Hundred and Fifty Dollars ($35,250.00) representing the
refund of the Application Fee and the sum of $51,753.75 ($52,500.00)
representing the amount of the unused escrow deposit.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilperson Voting Aye
VINCENT BETTINA, Councilperson Voting Absent
JOSEPH P. PAOLONI, Councilperson Voting Aye
CHRISTOPHER J. COLSEY, Councilperson Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2002-294
RESOLUTION AUTHORIZING PARTIAL REFUND OF UNUSED
ESCROW FUNDS FOR 9 MAPLE PATH
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Paoloni.
WHEREAS, on or about March 8, 2000, Linda Talaber deposited Six
Thousand, Seven Hundred, Fifty Dollars ($6,750.00) with the Town of
Wappinger in escrow to secure the completion of a driveway at 9 Maple Path,
Fishkill, New York pursuant to Building Permit No. P01125; and
WHEREAS, Linda Talaber has requested a partial refund of the escrow
deposit in the amount of Four Thousand, Seven Hundred, Fifty Dollars
($4,750.00) for her driveway at 9 Maple Path, Fishkill, New York pursuant
to Building Permit No. P01125; and
WHEREAS, Engineer to the Town, Joseph E. Paggi, Jr., of Paggi, Martin &
Del Bene, has recommended in his letter dated September 27, 2002
addressed to the Building Inspector, Salvatore Morello, that Four Thousand,
Seven Hundred, Fifty Dollars ($4,750.00) of the escrow could be returned to
Linda Talaber, leaving Two Thousand Dollars ($2,000.00) in escrow to secure
the repaving of the approximately 100 foot of driveway.
NOW, THEREFORE, BE IT RESOLVED, as follows:
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10/28/2002.RGM
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
Payment is approved in the amount of Four Thousand, Seven Hundred, Fifty
Dollars ($4,750.00) made payable to Linda Talaber for the partial refund of
the unused escrow funds deposited for the driveway at 9 Maple Path,
Fishkill, New York pursuant to Building Permit No. P01125.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT BETTINA, Councilman Voting Absent
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO.2002-295
RESOLUTION DESIGNATING DUTCHESS COUNTY AS LEAD
AGENCY WITH RESPECT TO THE PROPOSED EMPIRE ZONE
BOUNDARY REVISION
The following resolution was moved by Councilman Paoloni and seconded by
Councilman Colsey.
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County,
New York has received a request from Dutchess County to assume the status
of Lead Agency for the sixth revision to the boundary of the
Poughkeepsie/Dutchess Empire Zone (the "Project"); and
WHEREAS, the proposed changes to the boundary will make it possible to
add certain properties and extend to such properties incentives available
through the zone, thereby stimulating economic development; and
WHEREAS, the proposed changes will also make it possible to remove
properties from the zone where such properties are not longer suitable for
zone benefits; and
WHEREAS, the total acreage included in the Poughkeepsie/Dutchess Empire
Zone is 1,280 acres, which acreage is not contiguous and is located in various
municipalities, each with their own local land use controls; and
WHEREAS, the effected lands total 332 acres — 116 acres of land to be added
and 116 acres of land to be removed; and
WHEREAS the Project would involve approximately 14.07 acres of land in
the Town of Wappinger distributed between property on Airport Drive and
property on Myers Corners Road; and
WHEREAS, more specifically portions of the following tax parcels (and one
right-of-way) would be added to the Poughkeepsie/Dutchess Empire Zone in
the Town of Wappinger:
Tax Lot ID Empire Zone Acreage
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5689-02-841683 (partial) 9.00
6259-04-815490 0.94
6259-04-870494 0.53
Airport Drive ROW 1.04
6258-03-278358 2.57
WHEREAS, the Project does not involve any construction and will in no way
affect locally adopted land use controls; and
WHEREAS, any development of the properties involved in this Project must
be consistent with community planning objectives and subject to individual
site plan review; and
WHEREAS, in a letter from the Chief Assistant County Attorney for
Dutchess County to Supervisor Joseph Ruggiero, dated 10/25/02, the County
Attorney requested that the Town of Wappinger consent to Dutchess County
assuming the role of Lead Agency for the purposes of the State
Environmental Quality Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations an
statements set forth above as if fully set forth and resolved herein.
2. The Town Board hereby consents to Dutchess County assuming the role of
Lead Agency for the Project for the purposes of SEQRA.
The question of the adoption of the foregoing resolution was duly put to a roll
call vote, which resulted as follows:
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT BETTINA, Councilman
Voting
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2002-296
RESOLUTION TO LEVY THE CHARGES INCURRED BY THE TOWN
OF WAPPINGER FOR THE DEMOLITION OF 36 MIDDLEBUSH
ROAD AGAINST THE PROPERTY AT 36 MIDDLEBUSH ROAD
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Paoloni.
WHEREAS, a residential structure owned by Robert J. Von Bergen and
Diana Von Bergen at 36 Middlebush Road, Wappingers Falls, New York was
substantially damaged by a fire on January 28, 2002; and
WHEREAS, the Von Bergens verbally agreed to have the Town of Wappinger
pay for the costs of demolition and removal of the remains of the structure
located at 36 Middlebush Road, Wappingers Falls, New York; and
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WHEREAS, Robert J. Von Bergen consented in writing to allow the Town of
Wappinger to demolish the remains of the structure located at 36 Middlebush
Road, Wappingers Falls, New York; and
WHEREAS, the Town Board by Resolution No. 2002-72 authorized the
building inspector to order the immediate demolition of the remains of said
residential structure; and
WHEREAS, the Town of Wappinger by Resolution No. 2002-80 authorized
the payment to Ben Ciccone, Inc. in the amount of Sixteen Thousand, One
Hundred and Thirty Eight Dollars and Thirty Eight Cents (16,138.38) for the
demolition and removal of the remains of said residential structure; and
WHEREAS, the Town Board by Resolution No. 2002- 111 approved the
additional payment to Ben Ciccone, Inc. in the amount of Two Thousand,
Four Hundred and Ninety Nine Dollars and 54/100 ($2,499.54) for additional
unexpected disposal surcharge costs for the removal of the remains of said
residential structure; and
WHEREAS, the Town of Wappinger incurred and expended a total of
Eighteen Thousand, Six Hundred and Thirty Seven Dollars and 92/100
($18,637.92) for the costs of the demolition and removal of the remains of said
residential structure; and
WHEREAS, Town Law §130 and Chapter 93 of the Town of Wappinger Code
authorize the assessment and levy of all costs and expenses against the land
upon which the unsafe structure is located incurred by the Town in
connection with these proceedings pursuant to the procedures set forth in
Article XV of the Town Law.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
The Town Board hereby authorizes and directs that a public hearing be held
on November 12, 2002 at 7:30 p.m. at 20 Middlebush Road, Wappingers
Falls, New York for the purposes of hearing any objections to:
The total costs and expenses incurred by the Town of Wappinger in
connection with the proceedings to demolish and remove the
building/structure located at 36 Middlebush Road, Wappingers Falls, New
York, including the costs of actually demolishing and removing said
building/structure; and
Assessing and levying all costs, fees and expenses incurred by the Town,
including the aforementioned costs of demolition and removal of the remains
of the residential structure located at 36 Middlebush Road, Wappingers Falls,
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New York against the land on which the unsafe structure was located
identified by Tax Grid No. 6157-01-438825 as provided by law.
Town Clerk Gloria Morse is directed to cause a certified copy of this
Resolution and Notice of Public Hearing to be mailed to Robert J. Von Bergen
and Diana Von Bergen at their last known address at 36 Middlebush Road,
Wappingers Falls, New York 12590, and a copy thereof to be mailed to their
attorney, John Reed, Esq., with an office at 17 Collegeview Avenue,
Poughkeepsie, New York 12603, attorney to Robert J. Von Bergen and Diana
Von Bergen.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilperson
Voting
Aye
VINCENT BETTINA, Councilperson
Voting
Absent
JOSEPH P. PAOLONI, Councilperson
Voting
Aye
CHRISTOPHER J. COLSEY, Councilperson
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO.2002-300
RESOLUTION TO AUTHORIZE THE PURCHASE OF BENCHES FOR
PARKS
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Colsey.
WHEREAS, the Recreation Committee has recommended the purchase of 4 to
6 foot inground PVC Coated Expandable Metal Benches for placement in
various parks; and
WHEREAS, the Recreation Committee has received quotes for this project in
which the lowest was given by Game Time; and
WHEREAS, the Recreation Committee has requested a purchase order in the
amount of One Thousand, Two Hundred, Fifty Dollars ($1,250.00) payable to
Game Time.
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. A purchase order is hereby authorized in the amount of One Thousand
Two Hundred Fifty Dollars from Recreation Account No. B-7310.2, in
accordance with a letter dated October 18, 2002 from Ralph Holt,
Recreation Chairman, to the Town Board..
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilperson Voting Aye
VINCENT BETTINA, Councilperson Voting Absent
JOSEPH P. PAOLONI, Councilperson Voting Aye
CHRISTOPHER J. COLSEY, Councilperson Voting Aye
13
10/28/2002.RGM
The Resolution is hereby duly declared adopted.
RESOLUTION NO.2002-301
RESOLUTION TO AUTHORIZE THE PURCHASE OF A PROJECTOR
FOR VARIOUS RECREATION EVENTS
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Valdati
WHEREAS, the Recreation Committee has recommended the purchase of a
Hitachi CP -S 225 SVGA Projector to be used at various recreation events;
and
WHEREAS, the Recreation Committee has received quotes for this project in
which the lowest was given by Ballantine Communications; and
WHEREAS, the Recreation Committee has requested a purchase order in the
amount of One Thousand, Eight Hundred, Ninety -Nine Dollars ($1,899.00)
payable to Ballantine Communications.
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. A purchase order is hereby authorized in the amount of One Thousand
Eight Hundred Ninety -Nine Dollars to Ballantine Communications from
Recreation Account No. B-7140.4, in accordance with a letter dated
October 18, 2002 from Ralph Holt, Recreation Chairman, to the Town
Board..
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilperson Voting Aye
VINCENT BETTINA, Councilperson Voting Absent
JOSEPH P. PAOLONI, Councilperson Voting Aye
CHRISTOPHER J. COLSEY, Councilperson Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO.2002-302
RESOLUTION TO AUTHORIZE THE PURCHASE OF BLEACHERS
FOR THE RECREATION DEPARTMENT
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Paoloni
WHEREAS, the Recreation Committee has recommended the purchase of
one, five row fifteen foot bleacher with side rails; and
WHEREAS, the Recreation Committee has received quotes for this project in
which the lowest was given by BSN Sports; and
WHEREAS, the Recreation Committee has requested a purchase order in the
amount of Two Thousand, Six Hundred, Thirty -Four Dollars ($2,634.00)
payable to BSN Sports.
14
10/28/2002.RGM
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. A purchase order is hereby authorized in the amount of Two Thousand,
Six Hundred, Thirty -Four Dollars ($2,634.00) payable to BSN Sports
from Recreation Account No. B-7310.2, in accordance with a letter dated
October 16, 2002 from Ralph Holt, Recreation Chairman, to the Town
Board..
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilperson
Voting
Aye
VINCENT BETTINA, Councilperson
Voting
Absent
JOSEPH P. PAOLONI, Councilperson
Voting
Aye
CHRISTOPHER J. COLSEY, Councilperson
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 303 2002
RESOLUTION AUTHORIZING PLACEMENT OF
CORRESPONDENCE ON FILE
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Colsey.
BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the
Office of the Town Clerk.
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
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-304
RESOLUTION AUTHORIZING PUBLIC HEARINGS TO HEAR
OBJECTIONS TO THE ASSESSMENT ROLLS AND PROPOSED
BUDGETS FOR IMPROVEMENT AREAS OR IMPROVEMENT
DISTRICTS FOR CALENDAR YEAR 2003
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Colsey.
WHEREAS, the Town Board has completed the assessment rolls and has
prepared proposed budgets for all Improvement Areas and Improvement
Districts in the Town of Wappinger; and
15
10/28/2002.RGM
WHEREAS, the Town Board wishes to schedule Public Hearings for the
purpose of hearing and considering any objections which may be made to said
assessment rolls or proposed budgets for the purposes of establishing Benefit
Assessments and proposed Quarterly Operation and Maintenance Charges
for the properties located within the following Improvement Areas and
Improvement Districts hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
The Town Board hereby confirms that it has prepared the assessment rolls
and prepared proposed budgets for all Improvement Areas and Improvement
Districts in the Town of Wappinger.
The Town Board hereby schedules Public Hearings for the purposes of
hearing and considering any objections which may be made to said
assessment rolls or the proposed budgets for the purposes of establishing
Benefit Assessments and proposed Quarterly Operation and Maintenance
Charges for the properties located within the following Improvement Areas
and Improvement Districts, said Public Hearings to be held at Town Hall, 20
Middlebush Road, Wappingers Falls, New York, at the date and times
hereinafter set forth:
Improvement Area/ District
Date
Time -pm
Wappinger Sewer Improvement Area No. 1
11-14-2002
7:30
Rockingham Farms Sewer District
11-14-2002
7:30
Wappinger Sewer Transmission/ Treatment
11-14-2002
7:30
Improvement Area — Phase 1
11-14-2002
7:30
Wappinger Sewer Transmission/ Treatment
Improvement Area — Phase 2
11-14-2002
7:30
Wappinger Sewer Transmission/ Treatment
Improvement Area — Phase 3A
11-14-2002
7:30
Central Wappinger Water Improvement Area
11-14-2002
7:30
Wappinger - Cranberry Water Improvement Area
11-14-2002
7:30
Wappinger Park Water District
11-14-2002
7:30
Ardmore Hills Water Improvement Area
11-14-2002
7:30
Central Wappinger Emergency Improvement
Area
11-14-2002
7:30
Wappinger Water Improvement Area
1999-2(R)
11-14-2002
7:30
Mid -Point Park Sewer District
11-14-2002
7:30
Fleetwood Sewer District
11-13-2002
7:30
Wildwood Sewer District
11-13-2002
7:30
Watchhill Sewer District
11-13-2002
7:30
North Wappinger Water District
11-14-2002
7:30
Myers Corners II Water District
11-14-2002
7:30
Oakwood Knolls Water District
11-14-2002
7:30
Tall Trees Water Improvement Area
11-13-2002
7:30
Fleetwood Water District
11-13-2002
7:30
Town -wide Ambulance District
11-13 &11-14
7:30
2002
16
F_
F�
10/28/2002.RGM
The Town Clerk is hereby directed to post and publish the Notices of the
Public Hearing in the forms annexed hereto. Said publications are to be
made in the Southern Dutchess News and the Poughkeepsie Journal at least
ten (10) days prior to the scheduled Public Hearing.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
ROBERT L. VALDATI, Councilman
Voting
Voting
Aye
Aye
VINCENT F. BETTINA, Councilman
Voting
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-305
RESOLUTION CONFIRMING THE WATER RESTRICTIONS FOR
TALL TREES WATER IMPROVEMENT AREA
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Colsey.
WHEREAS, by memos dated April 18, 2002 and May 10, 2002, Michael
Tremper of CAMO Pollution Control, Inc., the operator of the Tall Trees
Water Improvement Area, has indicated that the well production at the Tall
Trees well has been declining over the years and without water conservation,
water production will soon drop below customer demands; and
WHEREAS, Michael Tremper has advised the Town that well production of
the Tall Trees water system is currently thirty percent (30%) below normal;
and
WHEREAS, in any effort to obviate the necessity of trucking water to the
water system, Michael Tremper had recommended that he Town declare a
Water Emergency restricting the use of water by the customers of the Tall
Trees Water Imp4rovement Area; and
WHEREAS, in consequence of the decline in water production, Supervisor
Joseph Ruggiero has issued Executive Orders commencing 04-17-02
restricting the water usage by customers of the Tall Trees Water
Improvement Area
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 determines and confirms that a water emergency
exists in the Tall Trees Water Improvement Area and has existed for
many months prior hereto.
17
10/28/2002.RGM
3. The Town Board hereby confirms the action of the Supervisor in issuing
Executive Orders limiting the use of water by the customers of the Tall
Trees Water Improvement Area.
4. The Town Board further confirms that the water emergency will continue
for an unspecified time and hereby determines to impose water
restrictions on the use of water by customers of the Tall Trees Water
Improvement Area.
5. Effective immediately, all Tall Trees Water Improvement Area customers
are prohibited from watering lawns, shrubbery and landscaping, washing
cars, home siding, sidewalks, driveways, streets or roads, and filling of
swimming pools, outdoor spas or tubs.
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
Absent
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
At this time, 8:35 p.m., Councilman Colsey moved to go into Executive
Session to discuss pending litigation seconded by Councilman Valdati and
unanimously carried.
The meeting reconvened at 9:55 p.m. with all board members present with
the exception of Councilman Bettina.
There was no action taken at the Executive Session.
Councilman Paoloni moved to close the meeting, seconded by Councilman
Valdati and unanimously carried.
The meeting adjourned at 9:56 p.m.
Gloria J. orse
Town C rk
im
F-1
Town Board Correspondence Log
Document # To
From
Date
Received
Re
2002CL - 0702
Kathy Pagan
9/17/02
Confirmation Letter
2002CL - 0703 Antonio & Rosalie Licari
Chazen Companies
8/8/02
8/26/02
Well Sampling
2002CL - 0704
William Steinhaus
9/17/02
West Nile
2002CL - 0705 Mark Liebermann
Al Roberts
9/16/02
VonBurgen Fire
2002CL - 0706 Tatiana Lukianoff
Joseph Paggi
9/16/02
9/16/02
Kablaoui Variance Appeal
2002CL - 0707 Supervisor Ruggiero
Gerald Richardson
9/16/02
9/18/02
Group Workcamp of Dutchess Cot
2002CL - 0708 Harry Sarviss
Joseph Paggi
9/18/02
9/18/02
Wapinger Water Contract 6
2002CL - 0709 Harry Sarviss
Charles DelBene
9/12/02
9/16/02
99-2R Contract 6
2002CL - 0710 Harry Sarviss
Joseph Paggi
9/12/02
9/16/02
99-211 Contract 6
2002CL-0711 Gerald Terwilliger
Joseph Stankavage
9/12/02
9/13/02
99-2R-4
2002CL - 0712 Harry Serviss
Charles DelBene
9/11/02
9/13/02
99-2R-6
2002CL - 0713 Community Organization
Howland Public Library
9/12/02
9/13/02
Grant Funding
2002CL - 0714 Al Roberts
Frank Nicodemus
9/11/02
9/13/02
Mid Hudson Castle
2002CL - 0715 Harry Serviss
Joseph Paggi
9/10/02
9/13/02
99-2R Contract 6
2002CL - 0716
Receiver of Taxes
8/02
9/13/02
August Monthly Report
2002CL - 0717 Joseph Ruggiero
Robert Walker and Chart
8/30/02
9/13/02
Thank you
2002CL - 0718 Thomas Cusack
Joseph Paggi
9/10/02
9/13/02
Chloride Contamination
2002CL - 0719 Joseph Ruggiero
Barbara Good
9/11/02
9/13/02
Immunization Program
2002CL - 0720 Town of Wappinger
Jack & Jean Vitulli
10/2102
Notice of Claim
Friday, October 25, 2002
1
Document # To
From
Date
Received
Re
2002CL - 0721 Cheryl Macri
Joseph Paggi
10/1/02
10/2/02
Cider Mill Loop
2002CL - 0722 Harry Serviss
Joseph Paggi
9/30/02
10/3/02
99-211 Contract 6
2002CL - 0723 Town Clerk
Kathleen Williams
10/3/G2
Public Hearing Notice
2002CL - 0724 Town Board
Building Inspector
10/2/02
10/2/02
Monthly Report
2002CL - 0725 Harry Serviss
Joseph Paggi
9/30/02
10/3/02
99-2R Contract 6
2002CL - 0726 Town Clerk
Michael Leonard
10/3/02
Liquor License
2002CL - 0727 Town of W appinger
Edward Pietrowski and
Ja 9/27/02
10/3/02
Town Community Center
2002CL - 0728 Al Roberts
Joseph Paggi
9/30/02
10/1/02
Lot 4 Parsons
2002CL - 0729 Joseph Ruggiero
Joseph Paggi
9/12/02
9/16/02
99-2R Contract 6
2002CL - 0730 Harry Serviss
Joseph Paggi
9/25/02
9/27/02
99-2R Contract 6
2002CL - 0731 Harry Serviss
Joseph Paggi
9/18/02
9/23/02
99-2R Contract 6
2002CL - 0732 Gerald Terwilliger
Joseph Stankavage
9/18/02
9/24/02
3A Contract 6
2002CL - 0733 Town Clerk
Kathleen Williams
9/23/02.
9/25/02
Public Hearing
2002CL - 0734 Andrew Lent
Joseph Davis
9/20/02
9/24/02
DC Landfill
2002CL - 0735 Frank Nicodemus
Al Roberts
9/16/02
9/18/02
New Horizons
2002CL - 0736 Ziggy Rutan
Gena Rudikoff
9/23/02
9/25/02
Executive Square
2002CL - 0737 Joseph Ruggiero
Lawrence Paggi
9/24/02
9/26/02
Milea HV Truck Center
2002CL - 0738 Supervisor and Town Bo
Craig Diglio
9/25/02
9/26/02
Old Hopewell Acres
2002CL - 0739 Mark Liebermann
Sandra Ireland
9/19/02
9/24/02
New Horizons
2002CL - 0740 Philip DiNonno
Richard O Rourke
9/18/02
Cranberry
2002CL - 0741 Tatiana Lukianoff
Al Roberts
9/25/02
9/26/02
Performance Motors
Friday, October 25, 2002
1
Document # To
From
Date
Received
Re
2002CL - 0742 Clay Hiles
Sen. Saland
9/26/02
Grant Application
2002CL - 0743 Don Swarts
Audra Capogna
9/24/02
9/25/02
Martz Field
2002CL - 0744 Supervisor and Board
Carl Wolfson
9/19/02
9/24102
August Report
2002CL - 0745 Peter Cherneff
Al Roberts
9/20/02
9/28/02
99-2R
2002CL - 0746
Jerry Owen
9123/02
March Report
2002CL - 0747 Jon Adams
Al Roberts
9/20/02
9/24/02
MVK
2002CL - 0748
DCEDC
Affordable Housing
2002CL - 0749 Joseph Ruggiero
Angela Aiello
9/19/02
9/24/02
Records Request
2002CL - 0750 Joseph Ruggiero
Mike Tremper
9/18/02
9/24/02
Chelsea Water Sample
2002CL - 0751 Joseph Ruggiero
Mike Galente
9/25102
9/27/02
Laerdal Traffic Light
2002CL - 0752 Tatiana Lukianoff
Peter Paggi
10/8/02
10/9/02
Lee Knolls
2002CL - 0753 Supervisor & Town Boar
Heather Kitchen
10/7/02
10/9/02
September Reprot
2002CL - 0754
TOW Planning Board
10/14/02
Cranberry Meeting
2002CL - 0755
William Steinhaus
10/4/02
10/9/02
New Release
2002CL - 0756 Joseph Ruggiero
Graham Foster
10/9/02
10/10/02
Fuel Usage
2002CL - 0757 Al Roberts
Joseph Paggi
10/4/02
10/8/02
Phase 3A
2002CL - 0758 TOW Planning Board
Joseph and Peter Paggi
10/5/02
10/8/02
Keenan Acres
2002CL - 0759 Joseph Ruggiero
Mike Tremper
10/8/02
10/9/02
Illegal Hydrant Use
2002CL - 0760 Michael Tremper
Joseph Ruggiero
10/4/02
10/7/02
Benjamin Construction
2002CL - 0761 Tim Middlebrook
Charles DelBene
10/1/01
10/7102
March v. TOW
2002CL - 0762 Joseph Ruggiero
Beth Doyle
9/30/02
10/7/02
CDBG
Friday, October 25, 2002
Friday, October 25, 2002
Document # To
From
Date
Received
Re
2002CL - 0763 Supervisor Ruggiero
Michael Tremper
10/3/02
10/7/02
Illegal Hydrant Use
2002CL - 0764 Planning Board
Joseph Paggi
10/4/02'
Keenan Acres
2002CL - 0765 Peter Cherneff
Philip Giamportone
9130/02
.10/7102
Cranberry Hills
2002CL - 0766 Town Board
Graham Foster
10/8/02
10/9/02
Property Damage Auto Accident
2002CL - 0767 Supervisor
STAR Unit Staff
10/8/02
Ditribution of STAR Aid
2002CL - 0768 Peter Marlow
Keenan Acres
10/11/02
10/18/02
Keenan Acres
2002CL - 0769 Al Roberts
Mark Liebermann
10/16/02
10/8/02
Von Bergen
2002CL - 0770 Joseph Ruggiero
Charles DelBene
10/16/02
10/18/02
Phase 3A
2002CL - 0771 Joseph Ruggiero
George Grimshaw
10/7102
10/9102
Resignation
Friday, October 25, 2002