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2004-04-26 RGMMonday, April 26, 2004 7:30 p.m. Wappinger Town Hall AGENDA Call to Order Roll Call/Salute to Flag Receipt and Approval of Minutes March 8, 2004 Workshop March 22, 2004 Regular Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log: 2004-065 to 2004-079 DISCUSSIONS: • Water & Sewer Survey Results Presentation—Dan Wery • Fleetwood III • Wappinger Water Improvement 1999-211 Capacity Analysis • MacFarlane Road • Minutolo Hawker & Peddlers License • Drainage District Update—Jay Paggi, Martin • March Drainage Claim, 21 Losee Road Resolutions: 2004-152 Resolution Correction Salary of Dog Control Officer 2004-153 Postponed 2004-155 Resolution Authorizing Dunham Subdivision Escrow Refund 2004-157 Resolution Authorizing Budget Transfer 2004159 Resolution Appointing Board of Assessment Review Member— Tabled 2004-160 Resolution Appointing Chair of Board of Assessment Review 2004-161 Resolution Authorizing Minutolo Peddling License 2004-162 Resolution of Support for the Elimination of the Sunset Provisions of the LGRMIF & Cultural Education Fund 2004-163 Resolution Authorizing Justice Court Assistance Program Grant 2004-164 Resolution Accepting Correspondence Log New Business/Comments Adjournment 1 04/26/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on April 26, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 8:45 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Dan Wery, Town Planner Absent: Gloria J. Morse, Town Clerk Maureen McCarthy, Councilwoman RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop Meeting of March 8, 2004 and Regular Meeting of March 22, 2004 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Paoloni moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved, seconded by Councilman Bettina and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Valdati moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Bettina and unanimously carried. CORRESPONDENC LOG: 2004 -CL -065 TO 2004-CLO79 (See Attached Sheets) DISCUSSIONS: • MacFarlane Road. Jay Paggi, Engineer presented an aerial view of MacFarlane Road and explained that the first thing he looked at was an overall road improvement to MacFarlane to bring it geometrically into compliance with standards that we try to design our roads today, both horizontally and vertically. There are a series of horizontal curves and vertical curves. Those geometric deficiencies cause problems to the traveling public and those wishing to access MacFarlane Road be it existing driveways or Beechwood Circle. He looked at an overall roadway improvement about eighteen hundred foot in length along MacFarlane Road to bring in some type of compliance. There are several issues that must be addressed. The first issue is the cost of the road improvement. An estimated cost without 04/26/2004.RGM any land acquisition would be in excess of $300,000. One of the more significant impacts would be on the existing parcels on the south side of MacFarlane Road. In one area especially we would need to take fifty to seventy feet of land from the houses along the front of MacFarlane Road, which would greatly impact those front yards. Another alternative would be the placing of Stop Signs on MacFarlane Road traveling in an easterly direction and on Beechwood Circle as it intersects with MacFarlane Road in a southerly direction. He feels that stopping the traffic would provide gaps in the traffic to allow the residents to access MacFarlane Road more safely. Accelerating up the hill on MacFarlane from Beechwood you would be up to speed before you hit one of the driveways in question, which is Lazenka's driveway. The professionals felt this was an appropriate action. At the last meeting, the possibility of placing a Stop Sign on the intersection of MacFarlane and Beechwood going in an easterly direction was discussed. He and Mr. Foster went to look at the area. They had the opinion that the cut of the vertical curve on MacFarlane Road traveling in an easterly direction would impair the stopping site distance and would not be adequate or up to code today. They did not recommend the placing of a Stop Sign in the easterly direction. Mr. Roberts has a drafted Local Law for the Board's consideration with that Stop Sign in, but he recommends the Board take a look at it. The third and most practical solution to this problem that was discussed in staff meetings was that the Town pursue or orchestrate the connection of the Lazenka parcel along the rear of Lazenka and Couch parcel out to Beechwood Circle. Thus changing the access part of the driveway from MacFarlane Road to Beechwood Circle. This would remove the potential for danger at that driveway by reconstructing the driveway out to Beechwood Circle, relocating and reconstructing it. This would involve relocating the driveway and obtaining property from two parcels, the Couch parcel and the thin parcel that is along Beechwood Circle. These are the three alternatives before the Town Board this evening for their consideration. He would also recommend that a cautionary sign be placed under the Stop sign on Beechwood Circle facing out toward MacFarlane Road warning drivers this is only a two way Stop and there is no Stop Sign on the right hand side. Discussion followed. At this time Mr. Lazenka was recognized, and he felt there were two issues here. One is the speed, and the other is the limited site distance, which he thinks in conjunction with the Stop Signs was 04/26/2004.RGM the possibility of allowing an additional access for him on his property on the west side of MacFarlane Road. He submitted some photographs to the Board showing the general landscape of the front of MacFarlane Road. The town had recommended construction of the driveway to be on the easterly side. They had told him that this was the optimum site for both entering and exiting his driveway, provided that the bank was rr. shaved down. Unfortunately this is not an option at this point. The last photo taken while sitting in his car depicts the site distance from exiting down below on the westerly side. He feels in conjunction with the Stop signs, this is an alternative solution. Councilman Valdati wished to know why they were opposed to having the driveway located on a secondary road. Mr. Paggi responded that Mr. Foster felt the best place for the driveway was on the east side of the property. Mr. Lazenka said it was more of a danger exiting than entering his driveway. That is why Mr. Foster did not recommend placing the driveway down below because he felt it was more dangerous exiting than entering. Once he exits he has to get up to speed in order to be at a safe cushion zone. What he is proposing at this time is to enter at top because it is a safer zone, and exit from down below, and put up a sign as a deterrent as "Exit Only", down below. Mr. Paggi said if the Stop Sign is placed on MacFarlane Road traveling in a westerly direction, and the car comes to a Stop, then accelerates, the closer the exit point is to that Stop Sign he would think the slower that vehicle would be traveling. Mr. Paggi would have to concur with Graham Foster that the safest spot to exit that property would be on the east side of the property. They measured the site distance from both locations and they appeared to be about the same, but with the top one the further you inched out you could see the car. On the bottom one, the car is right on top of you giving you less time to react. Councilman Valdati felt that Mr. Lazenka's proposal seemed like a reasonable solution, but the Highway Superintendent does have the last say. Perhaps Mr. Foster should take a look at this to see if there is some merit to what Mr. Lazenka is suggesting. Supervisor Ruggiero explained that Mr. Foster is on vacation at this time, but when he returns we will sit down with him one more time to discuss this and see what his opinion is in conjunction with the Local Law Stop Signs. • Water and Sewer Survey Results Presentation. Town Planner, Dan Wery went over results of the Water Sewer Survey that was sent out last June. There was a 32% response rate which was considered 3 04/26/2004.RGM excellent. He explained that this survey has provided a base line for any future survey in order to see changes in trends. Mr. Wery also went over a map which hi -lighted results of the survey. • Fleetwood III. Jay Paggi, Engineer to the Town was requested to perform an informal "desktop" study of the feasibility of extending the existing Fleetwood II Water District from the Osborne Hill Restaurant just south of the Plant Depot property. The area would include 47 additional users, would consume an average daily flow of approximately 20,000 gallons per day, cost $1,338,000 to construct and approximately $1,828 per year per benefit unit to retire the capital debt for 20 years. The quarterly O&M costs would be apportioned similar to those of the existing Fleetwood II users. If Sunset Farms Mobile Home Park were included in the district, the yearly cost per benefit unit would decrease from $1,828 to $1,097. • Wappinger Water Improvement 1999-2R Capacity Analysis. Jay Paggi, Engineer to the Town went over the most recent updated Water Capacity list for the 1999-2R Water Improvement which was revised April 11, 2003. Councilman Valdati wished to address what a prospective tenant might pay on these proposed arrangements and the length of the capital bonds tenants have been paying. Supervisor Ruggiero replied that he would obtain an example on each of the water districts. • Minutola Hawker License- Supervisor Ruggiero moved to table the application to another meeting in order to discuss this with Mr. Minutola in person, seconded by Councilman Valdati and unanimously carried. • Drainage District Update. Jay Paggi, Engineer to the Town reported that he was looking at adjoining municipalities and their experience with storm water districts Some have been in effect in other towns for four years. He looked at one of our neighboring towns and they have about nine of these in existence ranging in size from ten lots to sixty lots. The average cost per house for these drainage districts is between $125 per house to $250, depending upon the complexity of the facilities they are maintaining. His office is preparing a generic map, plan and report which can be tailored to any new subdivision coming in. • March Drainage Claim, 21 Losee Road. Jay Paggi, Engineer to the Town explained the sewer district was installed on Losee Road in 2001. Because of all the rain the following winter Mr. March called 4 04/26/2004.RGM his office claiming that when they blasted on Losee Road his drainage pipes were disturbed causing water to enter his basement. The blasting logs were inspected, and they found out that there was no blasting in front his house. Mr. March obtained the services of Badey & Watson, Surveying & engineering to conduct an investigation into the flooding problem. Their report concluded that during the installation of the sewer lateral for 19 Losee Road, the drain line was i.. disturbed and now prohibits free discharge of this drain line. During the lateral installation, no one from Grant Street Construction or his office saw the drain pipe, and it is possible that they missed seeing the pipe. At this time, Mr. Paggi would like permission to allow Grant Street Construction excavate near the lateral of 19 Losee Road to find the drain line and make any necessary repairs if found to be damaged by the installation of the sewer lateral. Councilman Valdati moved to authorize Grant Street Construction to investigate/repair drain line, seconded by Councilman Paoloni and unanimously carried. RESOLUTION NO. 2004-152 RESOLUTION ESTABLISHING THE SALARY OF THE DOG CONTROL OFFICER IN THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, at the Reorganization meeting on January 5, 2004, the Town Board of the Town of Wappinger adopted Resolution 2004-027 Establishing the Salaries of the Dog Control Officer in the Town of Wappinger, and WHEREAS, Resolution 2004-027 was drafted in error, establishing the salary for the Dog control Officer, Gerald Owen to be $17,510, and WHEREAS, the 2004 budget adopted by the Town Board established said salary to be $18,510. THEREFORE, BE IT RESOLVED, that the salary for the Dog control Officer is hereby set and established to be $18,510 for the year 2004, and BE IT FURTHER RESOLVED, that Gerald Owen shall be paid retroactively to January 1, 2004 for lost wages at a rate of $19.23 for 16 weeks. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye k, 04/26/2004.RGM The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-155 RESOLUTION AUTHORIZING ESCROW REFUND FOR DUNHAM SUBDIVISION The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, on or about December 16, 2003 Marlow and Tonya Dunham deposited Three Thousand Seven Hundred fifty Dollars and 00/100 ($3,750.00) to the Town of Wappinger for a subdivision escrow for the property located on Old Hopewell Road; and WHEREAS, Marlow and Tonya Dunham have requested a refund in the amount of Three Thousand four Hundred -Twenty Three Dollars and 25/100 ($3,423.25) 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. Payment is approved in the amount of Three Thousand Four Hundred Twenty Three and 25/100 ($3,423.25) made payable to Marlow and Tonya Dunham, Account Number 03-5082, for the refund o unused escrow for the property located on Old Hopewell Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-157 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati WHEREAS the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated April 19, 2004 from Gerald A. Terwilliger, Comptroller, to the Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget transfers hereby 0 04/26/2004.RGM amending the Town of Wappinger Budget adopted for the calendar year of 2004: 1. General Fund -Budget Amendments/Transfer Increase A9950-900 Transfer to Capital Projects $10,000.00 Increase A0599 Appropriated Fund Balance 10,000.00 To cover expenses/repairs to the Town Hall canopy. Claim to be made to prior contractor Bond once repairs are completed. it 2. Request that $30,000 be loaned from B Fund to Tri -Municipal Sewer Project 3B to cover preliminary costs until financing is done in August, 2004. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-159 RESOLUTION APPOINTING BOARD OF ASSESSMENT REVIEW MEMBER Councilman Paoloni moved to table Resolution No. 2004-150 Appointing a Board of Assessment Review Member, seconded by Councilman Bettina and unanimously carried RESOLUTION NO. 2004- 160 RESOLUTION APPOINTING CHAR, OF BOARD OF ASSESSMENT REVIEW MEMBER The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, Keith Carlson has resigned as a Member and Chairman of Assessment Review Board, WHEREAS, Town Board of the Town of Wappinger has found Paul Pilon to be the individual capable of performing the duties of Chair of the Assessment Review Board. NOW, THEREFORE, BE IT RESOLVED, that Paul Pilon is hereby appointed as the Town of Wappinger Chair Person of Assessment Review Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. 7 04/26/2004.RGM RESOLUTION NO. 2004- 161 RESOLUTION AUTHORIZING PERMIT FOR PEDDLING AND SOLICITING Councilman Valdati moved to table Resolution No. 2004-161 Authorizing a Permit for Peddling and Soliciting, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2004-162 RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE CULTURAL EDUCATION FUND(CEF) The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature in 1995 twice has extended the sunset date, most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments tat no cost to the taxpayers, and WHEREAS, Town of Wappinger has benefited from technical assistance, training, publications and 2 grants totaling $25, 773 supported by the LGRMIF, and WHEREAS the State Legislature created the closely -related Cultural g Y Education Fund (CEF to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with and identical sunset date, and 04/26/2004.RGM WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of Town of Wappinger, and to the cultural and scientific needs of the people of New York State, therefore NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger supports the elimination of said sunset provision in order to make the LGRMIF and the CEF permanent. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 163 RESOLUTION AUTHORIZING JUSTICE COURT ASSISTANCE PROGRAM GRANT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and the Town of Wappinger Justice Court Chief Clerk, Cheryl Hait, have recommended an application for such grant be made; and WHEREAS, Justice Carl S. Wolfson and Heather L. Kitchen, and the Town of Wappinger Justice Court Chief Clerk, Cheryl Hait, have prepared an application to the Justice Court Assistance Program Grant in the form attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows; 1. The recitation above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board hereby authorizes to be made on behalf of the Town of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant in the amount of One Thousand Six Hundred - Twenty One Dollars and 87/100 ($1,621.87). 3. The Town Board authorizes said application to be signed by supervisor Joseph Ruggiero as well as Town Justices Carl S. Wolfson and Heather L. Kitchen and further authorizes and ratifies the actions of Supervisor 9 04/26/2004.RGM Joseph Ruggiero who signed the certification attached to the application dated April 26, 2004. Aye The foregoing was put to a vote which resulted as follows:, Voting Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 164 NEW BUSINESS/COMMENTS RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. 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 Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Absent Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS Councilman Valdati noticed that Inter -City Tire was piling more and more tires on their site. The Zoning Administrator replied that they are being sited weekly and there will be a court hearing in June. Councilman Valdati wished to know about the old Rafters Building. The Zoning Administrator replied that she has received correspondence from the owner, who was unhappy with the response from the Planning Board. He has filed a FOIL request asking for information on other properties in the town that are closer to 9D than they should be because that was one of the issues that was being raised as to why he could not develop his property because he was so close to Route 9. He felt the town was precluding the development of his property. He did remove some of the vines and vegetation which now show the building. He is in violation and we have cited him. ..,, Councilman Bettina wished to know the status of the Gas Station on the Corner of Old Hopewell Road and Route 9. Attorney, Karen McNish replied that it is in the Court of Appeals and they are expecting a decision in several weeks. 10 04/26/2004.RGM At this time, 10:05 p.m. Councilman Bettina moved to go into Executive Session to discuss pending litigation with Attorneys, and a personnel matter, seconded by Supervisor Ruggiero and unanimously carried.. The meeting reconvened at 10:37 p.m. with all Board members in attendance except Councilwoman McCarthy. Councilman Bettina moved to close the meeting seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 10:38 p.m. By Florence Hannon Deputy Town Clerk 11 Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0065 Maurice Salem Esq. Emanuel Saris 3/2404 3/26/04 Absolute Property Management, Inc. 4/26/2004 2004CL - 0066 Supervisor Ruggiero, and Judge Heather Kitchen 2/4/04 3/08/04 Town Justice Report for the month of January 200 4/26/2004 2004CL - 0067 Supervisor Ruggiero, and Judge Heather Kitchen 3/8/04 3/11/04 Town Justice Report for the month of February 20 4/26/2004 2004CL - 0068 Ron Gehrig, New York St Jay Paggi, Town Enginee 3/9/04 3/11/04 Route 9D/Old Hopewell Road Intersection 4/26/2004 2004CL - 0069 Thomas Logan, Acting A Albert Roberts 3/15/04 3/17/04 Benefit Assessments 4/26/2004 2004CL - 0070 Friendly Motor Can Tatiana Lukianoff, Zonin 2/11/04 2/12/04 Friendly Motor Cars -stop work order 4/26/2004 2004CL - 0071 Supervisor Ruggiero Jay Paggi, Town Enginee 4/14/04 4/19/04 Keenan Acres Drainage District 4/26/2004 2004CL - 0072 Salvatore Pennini Albert Roberts, Town Aft 4/15/04 4/19/04 Wappinger Water Improvement Area 1999-2 ® 4/26/2004 2004CL - 0073 Hon. Mark Fox, United St Emanuel Saris 4/9/04 4/19/04 Absolute Property Management, Inc. v. Town of W 4/26/2004 2004CL - 0074 Supervisor Joseph Ruggie Patricia Maupin 4/14/04 Monthly Report of Taxes 4/26/2004 2004CL - 0075 Supervisor Ruggiero, and Judge Carl Wolfson 4/14/04 4/19/04 Town Justice Report for the month of March 2004 4/26/2004 2004CL - 0076 Supervisor Joseph Ruggie Jay Paggi, Town Engine 4/05/04 4/07/04 Building Meeting Minutes 4/26/2004 2004CL - 0077 Supervisor Ruggiero, and Judge Heather Kitchen 4/07/04 4/12/04 Town Justice Report for the month of March 2004 4/26/2004 2004CL - 0078 Supervisor Ruggiero George Kolb, Building In 4/01/04 4/17/04 Building Inspector's Report for the Month of Marc 4/26/2004 2004CL - 0079 Maurice J. Salem, Esq. Emanuel Saris 4/8/04 4/08/04 Absolute Property Management, Inc, et al v. Town 4/26/2004 Wednesday, April 21, 2004 Page 1 of 1