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GERALD A. VERGILlS'
KENNETH M. STENGER
ALBERT P ROBERTS
THOMAS R. DAVIS
JOAN F. GARRETT"
VERGILlS, STENGER, ROBERTS & DAVIS, LLP
A TTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
W APP1NGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
LOUIS 1. VIGLOTTI
KAREN MacNISH
LEGAL ASSISTANTS
AMY E. DECARLO
MARIA L JONES
SANDRA A. OAKLEY
CLOSING COORDINATOR:
SUSAN E. CAFFlNE
www.vsrp.com
e-mail: info@vsrp.com
KEVIN 1. McDERMOTT
ANGEL L FALCON
ANTHONY M DEfAZIO'"
JAMES P. HORAN'"
LISA M. COBB
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452- i 046
'ADMITTED TO PRACTICE
IN NY & FLA
.. AUMJ J J t.JJ J 0 YKACi lCE
IN NY & CONN.
,.. ADMITTED TO PRACTICE
IN NY & NJ
NEWBURGH OFFICE
299 N. PLANK ROAD, SUITE 106
NEWBURGH. NY 12550
(845) 567-3783
August 1, 2008
Via Fax and Regular Mail
Keith Byron, Esq.
Dutchess County Attorney's Office
22 Market Street
Poughkeepsie, NY 12601
RE: Town of Wappinger
Acquisition of Tax Delinquent Parcel
File No. 12951.0703
RECE\\JEO
AUG 0 4 2008
TOWN CLERK
Dear Keith:
I am enclosing a photocopy of a Resolution 244 of 1997 of the Dutchess County
Legislature regarding the County's policy on the disposition of Tax Delinquent Parcels.
For your information, I was a member of the "Ad Hoc Committee" that drafted this
policy and made the recommendations to the Dutchess County Legislature. Be that as it
may, the information you provided me by telephone yesterday is inconsistent with the
County's stated policy. I am not aware of any amendments to this policy, but if there are
amendments I would like a copy. As I read the 1997 policy the Town of Wappinger is
not required to notify the County Commissioner of Finance of its interest in acquiring
the subject parcels until the day prior to the auction. Such notification must be by
resolution. Upon receipt of the Resolution the Commissioner of Finance will withdraw
the property from the auction. The Town then has 60 days to pay the Commissioner of
Finance.
I am also enclosing a copy of the resolution I prepared in 1999 when the Town acquired
a Tax Delinquent Parcel. I presume the format of the resolution remains the same.
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Please advise.
Very truly yours,
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
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ALBERT P. ROBERTS
APR:jrn
Enclosures
cc: Town Board File
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10/12/99.WS
The Workshop Meeting of the Town of Wappinger was held on October 12,
1999 at the Town Hall, 20 Middlebllsh Road, Wappingers Falls, New York.
Supervisor Smith opened the meeting at 7:30 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clcrk
Others Present:
Jay Paggi, Engineer to the TO'Nn
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Graham Foster, Highway Superintendent
The first order of business is to approve the acquisition of a tax delinquent
parcel (Lauffer Parcel).
The following resolution was moved by COUNCILMAN RUGGIERO and
seconded by Councilman Bettina.
WHEREAS the County of Dutchess has acquired a number of parcels of land
because the property owners have failed to pay real estate taxes thereon; and
WHEREAS, the County's practice has been to sell the various parcels it has
acquired through tax delinquency at a public auction; and
WHEREAS, pursuant to a policy and procedure duly adopted by the County,
it has offered these parcels to various municipalities who may have an
interest in acquiring same; and
WHEREAS, the Town Board, upon recommendation of the Engineer to the
Town, has an interest in acquiring one parcel, located on Myers Corner Road,
formerly owned by Elizabeth Lauffer, bearing tax grid parcel number 19-
6158-04-805120-00, hereinafter referred to as the "Parcel"; and
WHEREAS, said Parcel contain several "Federal Wetlands"; and
WHEREAS, acquisition of said Parcel will enable the Town to implement
storm water control measures in the future and/or utilizing same as "Green
Space"; and
WHEREAS, the Town Board has determined that the acquisition of said
parcel would be in the best interests of the public health, safety and welfare
of the residents of the Town of Wappinger; and
WHEREAS, Town Board has been advised that the County will sell said
Parcel to the Town for the sum of $49,348.56; and
WHEREAS, the Town Board has undertaken an environmental review of this
action (i.e., the intended purchase of the subject Parcels), and has determined
that there are no environmental impacts and intends to issue a Negative
Declaration thereon.
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u .1 1 2008
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3) Subsequent to the auction the Commissioner of Finance
may negotiate a private sal~ of property that was not
sold at auction. The ~conomic Development Corporation
shall no~ i fy the Commissioner of Finance and the
Clerk of the Legislature of any interest it may have
in marketing any property that may have economic
developmRnt: potential. The Corrunissione:r of Finance
shall inform the Clerk of the Legislature of all
reasonab.le and appropriate w:r-i t. t.p.n or fers for
county-o~Bed property along wlth the outstanding
liabilities of Lhp rGl..!nty Or!. said ;.:~a:::~'c}. Ar:y p:;:-:;"v'at:E
sale is suLje~t to the approval of the Legislature.
4) Notwithstanding the above policy, the county may
continue to retain parcels acquired through the in rem
procedure in order to further its legitimate municipal
purposes. The county may also transfer title
of acquired property to duly constituted public
authorities in order to further municipal purposes,
subject to the approval of the Legislature,
APPROVED
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WILLIAM R. STEINHAUS
COUNTY EXECUTIVE
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Date
A:RES. 121 6126/97 js
GTATE OF NEW YORk
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COUHTY OF DUTCHESS
llIis is 10 certif, lhal I. IIlc I/lldllllgned Clu. If the Legi.!lalll'r ollhr Collny 01 DIlldlRss. ...y~ rJll1ll~,el! l~' laTWgaing II3Il11..'iIln wiTh !Ill! tl!i~;n.!
NNlullon no.. lln fijr in t/Jc offICI " _ clerk. 3Ild wllieh WoIS 8CIll"td bV aid legbl.cure on the 14 th liar ,I July
111J7. 8IlCllhlt lhe IIlIII is I true .1Id CIl~~ lnUIX'ript oi $lid Drigllli lasohnion IIId 01 tilt whale thereol.
IN WITNESS WHEIIEOF. J MVC herour11D Sf' my hand atld sui of uid llgillllulfe lM 14 t h dty 01
July
. 1997.
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