Loading...
2002-296RESOLUTION NO. 2002-;�0 RESOLUTION TO LEVY THE CHARGES INCURRED BY THE TOWN OF WAPPINGER FOR THE DEMOLITION OF 36 MIDDLEBUSH ROAD AGAINST THE PROPERTY AT 36 MIDDLEBUSH ROAD 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 the 28th day of October, 2002, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmen ABSENT: Joseph Ruggiero Robert L. Valdati A93=10XI�x Joseph P. Paoloni Christopher J. Colsey Vincent Bettina The following Resolution was introduced byMr. Valdati Mr. Paoloni and seconded by WHEREAS, a residential structure owned by Robert J. Von Bergen and Diana Von Bergen at 36 Middlebush Road, Wappingers Falls, New York was substantially damaged by a fire on January 28, 2002; and WHEREAS, the Von Bergens verbally agreed to have the Town of Wappinger pay for the costs of demolition and removal of the remains of the structure located at 36"Middlebush Road, Wappingers Falls, New York; and 0AWAPPINGE\Town Board\RESOLUTION\VonBergen-Levy,doc WHEREAS, Robert I Von Bergen consented in writing to allow the Town of Wappinger to demolish the remains of the structure located at 36 Middlebush Road, Wappingers Falls, New York; and WHEREAS, the Town Board by Resolution No. 2002-72 authorized the building inspector to order the immediate demolition of the remains of said residential structure; and WHEREAS, the Town of Wappinger by Resolution No. 2002-80 authorized the payment to Ben Ciccone, Inc. in the amount of Sixteen Thousand, One Hundred and Thirty Eight Dollars and Thirty Eight Cents (16,138.38) for the demolition and removal of the remains of said residential structure; and WHEREAS, the Town Board by Resolution No. 2002-_," approved the additional payment to Ben Ciccone, Inc. in the amount of Two Thousand, Four Hundred and Ninety Nine Dollars and 54/100 ($2,499.54) for additional unexpected disposal surcharge costs for the removal of the remains of said residential structure; and WHEREAS, the Town of Wappinger incurred and expended a total of Eighteen Thousand, Six Hundred and Thirty Seven Dollars and 92/100 ($18,637.92) for the costs of the demolition and removal of the remains of said residential structure; and WHEREAS, Town Law § 130 and Chapter 93 of the Town of Wappinger Code authorize the assessment and levy of all costs and expenses against the land upon which the unsafe structure is located incurred by the Town in connection with these proceedings pursuant to the procedures set forth in Article XV of the Town Law. 0AWAPPINGE\Town Board\RESOLUTION\VonBergen-Levy.doc NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes and directs that a public hearing be held on November 12 , 2002 at 7:30 Aav/p.m at 20 Middlebush Road Wappingers Falls, New York for the purposes of hearing any objections to: (a) The total costs and expenses incurred by the Town of Wappinger in connection with the proceedings to demolish and remove the building/structure located at 36 Middlebush Road, Wappingers Falls, New York, including the costs of actually demolishing and removing said building/structure; and (b) Assessing and levying all costs, fees and expenses incurred by the Town, including the aforementioned costs of demolition and removal of the remains of the residential structure located at 36 Middlebush Road, Wappingers Falls, New York against the land on which the unsafe structure was located identified by Tax Grid No. 6157-01-438825 as provided by law. 3. Town Clerk Gloria Morse is directed to cause a certified copy of this Resolution and Notice of Public Hearing to be mailed to Robert J. Von Bergen and Diana Von Bergen at their last known address at 36 Middlebush Road, Wappingers Falls, New York 12590, and a copy thereof to be mailed to their attorney, John Reed, Esq., with an office at 17 Collegeview Avenue, Poughkeepsie, New York 12603, attorney to Robert J. Von Bergen and Diana Von Bergen. 0AWAPPINGE\Town Board\RESOLUTION\VonBergen-Levy.doc f ����� �,�� /1 "�G,r.�c^ � f �-� � . The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting CHRISTOPHER J. COLSEY, Councilman Voting Dated: W r Falls, N w York , 2002 --Aye Aye Absent Aye Ave The Resolution is hereby . Morse, 0:\WAPPINGE\Town Board\RESOLUTION\VonBergen-Levy.doo adopted. COMPTROLLER GERALD TERWILLIGER TOWN OF WAPPINGER COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 October 17, 2002 Albert P. Roberts, Esq. Vergilis, Stenger, Roberts, Pergament & Viglotti 1136 Route 9 Wappingers Falls, N.Y. 12590 Dear Al: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI As per your request, I have enclosed payments made to Ben Ciccone, Inc. in regard to the demolition of the VonBergen house at 36 Middlebush Road, Wappingers Falls, N.Y., due to the fire on January 28, 2002. The following vouchers were paid: 1. Demolition of house $16,138.38 2. Cost incurred for Royal 2,499.54 Carting Services Total: $18,637.92 Trusting this is information you require, Very truly yours, Gerald A. Terwilliger Comptroller GAT:mb Encs. '16W'N OF WAPPINGER, NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER 7 Ben Ciccone, Inc. CLAIMANT'S 151 Daley Road NAME Poughkeepsie, NY 12603 AND ADDRESS TERMS Net 30 a� / 7 Dates Quantity Description of Materials or Services 03go Purchase Order No. DO NOT WRITE IN THIS BOX Date Voucher Received FUND - APPROPRIATION II AMOUNT TOTAL (p Abstract No. Vendor's / Ref. No. Unit Price Amount 1/28-1/30 Middlebush Road Demolition (see attached) L6,138 38 TOTAL 6 138.38 CLAIMANT'S CERTIFICATION I Lenore A. Ciccone , certify that the above account in the amount of $ 16,138.38 is true and correct; that the items, services and disbursements charged were rendered to or for the municipality on the dates stated; that no part has been paid or satisfied; that taxes from which the municipality is exempt; are not included* and t the amount cl ed ' actually due. 1-31-02 Secretary -Treasurer Date Signature Title (Space Below for Municip2se) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to 1001A Lt� V unicipality on the dates stated and the ch"s are correct. 7b AUTHORIZED I AL APPROVAL FOR PAYMENT This claim is approved and ordered paid `-om the appropriation indicated. ATE AUDITING BOARD r_____TOWN OF WAPPINGER, NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER F BEN Ciccone, Inc. CLAIMANT's 151 Daley Road NAMEAN S ADDRESS Poughkeepsie, NY 12603 ADDRES L- Purchase Order No. . a DO NOT WRITE IN THIS BOX Date Voucher Received FUND - APPROPRIATION AMOUNT UNIT PRICE O 3 ,Wt qqq 1/28 1/30 Middlebush Road Demolition -Royal Carting Services (see attachments) 2,499.54 2,499 .54 TOTAL ABSTRACT NO. Net 30 qL q VENDOR'S 36�,15 TERMS REF.NO. DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT 1/28 1/30 Middlebush Road Demolition -Royal Carting Services (see attachments) 2,499.54 2,499 .54 TOTAL 2,499.54 cert Lenore A. Ciccone 2 499.54 I, certify that the above account In the amount of $ � is true and correct; that the items, services, and disbursements charged were rendered to or for the municipality on the dates stated; that no pert has been paid or satisfied; that taxes, from which the municipality is exempted, are not Included; and that the amount claimed Is actually due f 3-5-02 Secretary -Treasurer DATE SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the ,1 arges are correct ,4 2 f ATE A THORIZED OFFICI APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above 3111 d -� DATE COMPTROLLER Town of Wappingers 20 Middlebush Road Wappinger Falls, N.Y. 12590 Attn: Mr. Joseph Ruggiero, Supervisor Gentlemen: February 18, 2002 Re: House Demolition Middlebush Road We are writing.you this letter to.notify you of costs inc.urred.byRoyal Carting that were riot included in our billing to you for the above referenced project. Attached you will find a copy of a letter from Mr. Vince M. Nunziato, Sales Manager for Royal. Carting to me stating their position and the unexpected surcharge costs in which he is expecting reimbursement of from our company. Also attached is the copy of the billing invoice we received from Royal for the 2 -days of hauling. You'll notice the overloaded dumpsters for the I" day were accurately reported and properly billed. for and that none of the surcharges for the 2"d day we properly addressed. It is not our normal operating procedure and we feel somewhat uncomfortable making this request but in light of the above, we are requesting an additional $2,499.54 in payment to satisfy Royal Carting's bill to us.. Obviously we're not looking for any markup for overhead and profit on this, just the direct costs associated with Royal's bill to us. If you have any issues with the above, please call me at our otflice at any time or you would like for me to come and see you please let me know. Thank-ycu for your time in this matter. V Brandori A. Ciccone. President V. Nunziato, Royal Carting—f&d D file 151 DALEY ROAD - POUGHKEEPSIE, NY 12603 (845) 462-2800 - FAX (845) 462-0358 www.benciccone.com An Equal Opportunity Employer TOWN CLERK GLORIA J. MORSE October 29. 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 John Reed, Esq. Attorney at Law 17 Collegeview Ave. Poughkeepsie New York 12590 Dear Counsellor: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Our records indicate that you are the attorney for Diana and Robert J. Von Bergen. Enclosed please find a copy of RESOLUTION NO. 2002-296, " RESOLUTION TO LEVY THE CHARGES INCURRED BY THE TOWN OF WAPPINGER FOR THE DEMOLITION OF 36 MIDDLEBUSH ROAD AGAINST THE PROPERTY AT 36 MIDDLEBUSH ROAD", and a copy of "NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER" setting a Public Hearing for November 12th, 2002 at 7:30 P.M. Very truly yours, d VA K L�/� - c - Gloria �. orse Town erk Very truly yours, r1oP�I TOWN CLERK GLORIA J. MORSE October 29. 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 Diana and Robert J. Von Bergen 36 Middlebush Road Wappingers Falls, New York 12590 Dear Diana and Robert J. Von Bergen: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed please find a copy of RESOLUTION NO. 2002-296, " RESOLUTION TO LEVY THE CHARGES INCURRED BY THE TOWN OF WAPPINGER FOR THE DEMOLITION OF 36 MIDDLEBUSH ROAD AGAINST THE PROPERTY AT 36 MIDDLEBUSH ROAD", and a copy of "NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER" setting a Public Hearing for November 12th, 2002 at 7:30 P.M. Very truly yours, 0 Gloria J. rse, Town Cl NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 1 rh day ofNovember , 2002, at 1� p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Resolution which will authorize the Town Board to determine the total costs and expenses incurred by the Town of Wappinger in connection with the proceedings to demolish and remove the building located at 36 Middlebush Road, Wappingers Falls, New York, including the costs of the demolition and removal of said building, and assessing and levying all costs, fees and expenses incurred by the Town of Wappinger for the aforesaid demolition and removal of said structure at 36 Middlebush Road, Wappingers Falls, New York against the land on which the unsafe structure was located. PLEASE TAKE FURTHER NOTICE that the text of the proposed Resolution is summarized as follows: 1. A residential structure owned by Robert J. Von Bergen and Diana Von Bergen at 36 Middlebush Road, Wappingers Falls, New York was substantially damaged by a fire on January 28, 2002 requiring the immediate demolition and removal of the structure; and 2. The Von Bergens consented to have the Town of Wappinger demolish and remove the remains of the structure located at 36 Middlebush Road, Wappingers Falls, New York; and 3. The Town of Wappinger incurred and expended a total of Eighteen Thousand, Six Hundred and Thirty Seven Dollars and 92/100 ($18,637.92) for the costs of the demolition and removal of the remains of said residential structure; and 0AWAPPINGMTown BoardWonBurgenTublic Hearing.doc 4. Town Law § 130 and Chapter 93 of the Town of Wappinger Code authorize the assessment and levy of all costs and expenses against the land upon which the unsafe structure is located incurred by the Town in connection with these proceedings pursuant to the procedures set forth in Article XV of the Town Law; and 5. The Public Hearing is authorized to be held on jZ— day of NOV - , 2002 at 7:30 p.m. for the purposes of determining the total costs and expenses incurred by the Town of Wappinger in connection with the aforementioned proceedings and to assess and levy all costs and fees expended by the Town of Wappinger for the aforesaid demolition and removal of the remains of the residential structure located at 36 Middlebush Road, Wappingers Falls, New York. PLEASE TAKE FURTHER NOTICE that copies of the proposed Resolution are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: , 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GL RIA J. MO S CLERk I 0AWAPPINGE\Town BoardWonBurgenTublic Hearing.doc NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 17th day ofNoVemher , 2002, at 7 : -0 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Resolution which will authorize the Town Board to determine the total costs and expenses incurred by the Town of Wappinger in connection with the proceedings to demolish and. remove the building located at 36 Middlebush Road, Wappingers Falls, New York, including the costs of the demolition and removal of said building, and assessing and levying all costs, fees and expenses incurred by the Town of Wappinger for the aforesaid demolition and removal of said structure at 36 Middlebush Road, Wappingers Falls, New York against the land on which the unsafe structure was located. PLEASE TAKE FURTHER NOTICE that the text of the proposed Resolution is summarized as follows: 1. A residential structure owned by Robert J. Von Bergen and Diana Von Bergen at 36 Middlebush Road, Wappingers Falls, New York was substantially damaged by a fire on January 28, 2002 requiring the immediate demolition and removal of the structure; and 2. The Von Bergens consented to have the Town of Wappinger demolish and remove the remains of the structure located at 36 Middlebush Road, Wappingers Falls, New York; and 3. The Town of Wappinger incurred and expended a total of Eighteen Thousand, Six Hundred and Thirty Seven Dollars and 92/100 ($18,637.92) for the costs of the demolition and removal of the remains of said residential structure; and 0AWAPPINGMTown BoardWonBurgenTublic Hearing.doc 4. Town Law §130 and Chapter 93 of the Town of Wappinger Code authorize the assessment and levy of all costs and expenses against the land upon which the unsafe structure is located incurred by the Town in connection with these proceedings pursuant to the procedures set forth in Article XV of the Town Law; and 5. The Public Hearing is authorized to be held on 4-- day of Nov. , 2002 at 7 : 30 p.m. for the purposes of determining the total costs and expenses incurred by the Town of Wappinger in connection with the aforementioned proceedings and to assess and levy all costs and fees expended by the Town of Wappinger for the aforesaid demolition and removal of the remains of the residential structure located at 36 Middlebush Road, Wappingers Falls, New York. PLEASE TAKE FURTHER NOTICE that copies of the proposed Resolution are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: , 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GL RIA J. MO S CLERk 0AWAPPINGE\Town BoardWonBurgen\Public Hearing.doc