2010-1782010-178
Resolution Reconfirming Authorization for Commencement of Litigation Against Owner
of 2-4 Kent Road for Continuing Violations of Town Code
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 April 26,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 6:05 PM)
Vincent F. Bettina (departed at 9:13 PM)
Ismay Czarniecki
ABSENT: Joseph P. Paoloni
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, the Town Board adopted a Resolution on January 26, 2009, authorizing
enforcement proceedings against the owners of 2 - 4 Kent Road for continuing violations of the
Town Code; and
WHEREAS, the circumstances outlined in said Resolution remain the same based on a
report submitted by the Town Fire Inspector, Mark Liebermann, dated April 15, 2010.
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 reconfirms its authorization to the Attorney to the Town,
Albert P. Roberts, Esq., or any member of his firm, to commence and prosecute to
its conclusion an enforcement action or actions against the owner of the subject
Property, Kent Road Associates, LLC, or its successor, in Supreme Court,
Dutchess County, or Justice Court, Town of Wappinger, or any other court of
competent jurisdiction to bring the subject Property into compliance with the
Town of Wappinger Zoning Code, the New York State Uniform Code, and any
other rules and regulations of the Town of Wappinger, or any other regulatory
agency having jurisdiction over the Property.
3. Supervisor Christopher J. Colsey is also authorized to execute any and all
documents necessary for the commencement and continuation of said lawsuit and
to cooperate with the Attorney to the Town to facilitate this litigation.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
4/26/2010
The Resolution is hereby duly declared adopted.
JA C. �MASTERSON, TOWN CLERK