2016-119 2016-119
Resolution Authorizing Attorney To The Town To Commence Proceedings To Terminate Holdover
Tenancy
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 March 28, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2016-119
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder, Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz.
WHEREAS, the Town of Wappinger entered into a lease agreement with TC Hudson Valley, Inc. d/b/a
Transcare ("TCHVI") dated the 28th day of July 2006 (the "Lease") which granted to TCHVI a leasehold
interest in a certain portion of the Emergency Services Building; and
WHEREAS, the Lease expired on December 31, 2014 and has not been renewed; and under the terms
of the Lease TCHVI has continued as a holdover tenant in the premises; and
WHEREAS, TCHVI has ceased providing Ambulance Services to the Town of Wappinger under the
original agreement dated January 25, 2005 and has moved its ambulances out of the premises; and
WHEREAS, TCHVI, has not paid rent; and
WHEREAS, the Town seeks to recover possession of the premises; and
WHEREAS, the Town Board of the Town of Wappinger authorized the transmission of a 30 day notice
to TCHVI evidencing the Town's desire to terminate the month to month holdover tenancy at the end of March
2016, and such notice was duly served.
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 of the Town of Wappinger hereby authorizes the Attorney to the Town to proceed with
all necessary legal actions and proceedings to recover possession of the property, in either Justice Court or
Supreme Court having jurisdiction of the premises.
3. The Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to sign all
necessary documentation, including but not limited to, any required legal notices, the Notice of Petition and
Petition, to recover possession of the premises in any legal proceedings, as prepared by the Attorney to the
Town.
This Resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
3/28/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK
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