2004-06-29 SPM06/29/2004.SPM
At a Special Emergency 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 the 29th day of June, 2004, at 6:20 P.M.
The meeting was called to order by Joseph P. Paoloni, Deputy Supervisor, and upon
roll being called, the following were present:
PRESENT: Deputy Supervisor - Joseph P. Paoloni
Council Members - Robert L. Valdati
Vincent F. Bettina
ABSENT: Supervisor - Joseph Ruggiero
Councilmember - Maureen McCarthy
Town Clerk Gloria J. Morse
RESOLUTION NO. 2004-226
RESOLUTION TO AUTHORIZE THE DEMOLITION OF REMAINS OF A
BUILDING DAMAGED BY FIRE AND LOCATED AT 80 EASTER ROAD
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Valdati
WHEREAS, Aaron Kellner is the owner of a certain premises containing a
residential structure located at 80 Easter Road in the Town of Wappinger, Dutchess
County, New York;
WHEREAS, the residential structure owned by Mr. Kellner was destroyed by fire
on Tuesday, June 29, 2004; and
WHEREAS, Mr. Kellner was transported to St. Francis Hospital apparently as a
result of injuries from said fire; and
WHEREAS, it is reported that Mr. Kellner has no fire insurance on the structure
that was destroyed; and
WHEREAS, although the structure was destroyed by fire, portions of the building
remain standing; and
WHEREAS, the extent of the fire damage to the residential structure was such that
the structure was in imminent danger of collapse, and there was a clear and
imminent danger to the life, safety and health of persons and property in the
immediate vicinity; and
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06/29/2004.SPM
WHEREAS, George Kolb, Building Inspector, and Mark Liebermann, Fire
Inspector, of the Town of Wappinger both declare that the structure is unsafe and in
danger of collapse, and both have directed that the structure be demolished for the
safety, health and protection of persons and property in the immediate vicinity (see
attached memorandum of Mark Liebermann dated June 29, 2004, letter dated June
29, 2004 from Mark Liebermann to Aaron Kellner, memorandum dated June 29,
2004 from George Kolb to the Town Board) and
WHEREAS, Ed Baisley of E.R. Baisley Landscaping has given a verbal estimate of
approximately $1,500-$1,600 to level the remainder of the structure; and
WHEREAS, the Town of Wappinger Code §93-11 authorizes the Town Board, by
Resolution, to authorize the building Inspector to immediately cause the demolition
of any unsafe building; and
WHEREAS, pursuant to §93-11, the expenses of such demolition shall be a charge
against the land upon which it is located and shall be assessed, levied and collected
as provided in Article XV of the Town Law for the assessment, levy and collection of
a special ad valorem levy; and
WHEREAS, Joseph P. Paoloni, Deputy Supervisor of the Town, is the Chief
Executive Officer and has determined this is an emergency requiring immediate
action by the Town Board and all the Town Board Members concur; and
WHEREAS, the Town Board wishes to call a special emergency Board Meeting for
the purposes of authorizing the Building Inspector to immediately cause the
demolition of the unsafe structure located at 80 Easter Road; and
WHEREAS, the Town Board Members attending this special emergency meeting
hereby agree to waive advance notice of said meeting and hereby confirm that an
emergency exists requiring the immediate authorization to demolish the remnants -
of the building located at 80 Easter Road; and
WHEREAS, Council Member, Maureen McCarthy, and Supervisor, Joseph
Ruggiero, are unable to attend this meeting but have verbally consented that this
special emergency meeting be conducted this evening.
06/29/2004.SPM
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. Pursuant to the authority set forth in §93-11 of the Town Code of the
Town of Wappinger, the Town Board hereby confirms that the fire at the residence
owned by Aaron Kellner at 80 Easter Road in the Town of Wappinger constitutes an
emergency and the Town Board hereby waives and suspends the procedures of the
Town Board to provide advance notice of a special meeting and authorizes this
special emergency meeting of the Town Board to be conducted.
3. The Building Inspector, George Kolb, is hereby authorized to order the
immediate demolition of the remains of the structure destroyed by fire at 80 Easter
Road, Town of Wappinger, Dutchess County, New York, owned by Aaron Kellner
and identified as Tax Grid No. 6056-01-326668 at an estimated cost of
approximately Sixteen Hundred Dollars ($1,600.00±), for the demolition of the
building.
4. The Town Board hereby suspends the Town Procurement Policy for the
purpose of hiring E.R. Baisley Landscaping to conduct the demolition.
5. The expenses of such demolition shall be a charge against the above -
referenced land and shall be assessed, levied and collected as provided in Article XV
of the Town Law for the assessment and collection of a special ad valorem levy.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Absent
JOSEPH P. PAOLONI, Deputy Supervisor Voting Aye
ROBERT L. VALDATI, Council Member Voting Aye
VINCENT F. BETTINA, Council Member Voting Aye
MAUREEN MCCARTHY, Council Member Voting Absent
The Resolution is hereby duly declared adopted
Gloria J. M, se
Town Cler
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Consent to Special Emergency Meeting:
JOSEPH RUGGIERO, Supervisor
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Date:
JOSEPH P. PAOLONI, Deputy Supervisor Date:
ROBERT L. VALDATI, Council Member Date:
VINCENT F. BETTINA, Council Member Date:
MAUREEN McCARTHY, Council Member Date:
El
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Consent to Special Emergency Meeting:
Tllf1TTTT TI YT/1 !'1 TTZT� n
. ?-AOL-ONI, Deputy Supervisor
ROBERT L. VALDA'T1, (�' ncii Member
VINCENT F. BETTIN , Council Member
1vIAUREEN McCARTHY, Council Member
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