2010-2732010-273
Resolution Authorizing the Attorney to the Town of Wappinger to Initiate an Action in the
Supreme Court of Dutchess County in Respect to Unsafe Structures at 18 Montfort 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
September 13, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (Departed 8:28 PM)
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czamiecki.
WHEREAS, the property at 18 Montfort Road, in the Town of Wappinger, incurred a
whole house fire in excess of three years ago; and
WHEREAS, representatives of the Code Enforcement Office of the Town of Wappinger
declared the structure as unsafe for habitation and structurally unstable; and
WHEREAS, the property and casualty insurance company covering the property located
at 18 Montfort Road has been investigating the cause and origin of the structure fire and has not
released any information in respect to its findings nor initiated any known civil or criminal
proceedings; and
WHEREAS, the property at 18 Montfort Road has been a source of numerous resident
concerns; and
WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of
the Town of Wappinger to initiate an action in Dutchess County Supreme Court, through its
attorney, ALBERT P. ROBERTS, or any attorney in the firm of VERGILIS, STENGER,
ROBERTS, DAVIS & DIAMOND, LLP., against the property owner or any other related
parties, and otherwise provide such legal services as are necessary to gain a judgment to the
favor of the residents of the Town of Wappinger for the demolition, de -construction and removal
of all structures on the site of 18 Montfort Road, and to gain strict compliance with the New
York State Uniform Building Code, New York State Residential Property Maintenance Code and
the Zoning Codes of the Town of Wappinger in connection with this matter.
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 hereby authorizes Albert P. Roberts and/or any attorney in the
firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to initiate an action on
behalf of the Town of Wappinger and to interpose an Answer, and any defenses
as well as any and all applicable Counterclaims against any appropriate parties in
furtherance of defending the Town's interests in this action.
3. The Town Board authorizes Albert P. Roberts and/or any attorney in the firm of
Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to utilize the services of the
Town Engineer.
4. Albert P. Roberts and/or the firm of Vergilis, Stenger, Roberts, Davis &
Diamond, LLP., shall be paid in accordance with the retainer agreement presently
in place between the Town of Wappinger and Albert P. Roberts.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
Dated: Wappingers Falls, New York
9/13/2010
The Resolution is hereby duly declared adopted.
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7N C. MASTERSON, TOWN CLERK