2004-226RESOLUTION NO. 2004- 226
RESOLUTION TO AUTHORIZE THE DEMOLITION OF REMAINS OF A BUILDING
DAMAGED BY FIRE AND LOCATED AT 80 EASTER ROAD
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 291h day of June, 2004, at 6:00 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
Council Member - Maureen McCarthy
The following Resolution was introduced by m,- Bettina and seconded by
Mr. 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
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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
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
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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.
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
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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
JOSEPH P. PAOLONI, Deputy Supervisor
ROBERT L. VALDATI, Council Member
VINCENT F. BETTINA, Council Member
MAUREEN McCARTHY, Council Member
Dated: Wappingers Falls, New York
June 29, 2004
Consent to Special Emergency Meeting:
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f4)SEP_H]VG_G&R0-VD&visor
Voting Absent
Voting Aye
Voting Aye
Voting Aye
Voting Absent
The Resolution is hereby duly declared adopted.
�11Z_4,4
G OR MOR CLERK
Date:
Deputy Supervisor Date: "2q
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ROBERT L. VALDE=.: ncil Mem 5 er
VINCENT F. BETTINA, Council Member
6� edww
MAUREEN McCARTHY, Council gG ember
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Date:
Date:�we
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Date: Z /
FIRE INSPECTOR
MARK J. LIEBERMANN
Date:
From:
To:
Copy:
Subject:
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
FAX: (845) 297-4558
E-MAIL: wappfire@bestweb.net
MEMORANDUM
Tuesday, June 29, 2004
Mark Liebermann - Fire 1
Town Board
Albert P. Roberts - Attorney to the Town of Wappinger
George Kolb - Building Inspector
Structure Fire - 80 Easter Road
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH R PAOLONI
ROBERT L. VALDATI
Attached herewith please find my report and letter to the owner of 80 Easter Road, Mr. Aaron
K er in regards to the unsafe condition of his house, which was destroyed by fire this date.
Prior to being transported to the hospital, Mr. Kellner stated that he has no insurance on the
structure .Mr. Kellner was admitted to St. Francis Hospital on this date.
As stated, the current state of the structure constitutes an immediate hazard to the life, safety
and welfare of persons in the vicinity of said structure in that at anytime, the remainder of the
structure could collapse.
Building Inspector George Kolb contacted Ed Baisley of ER Baisley landscaping and Mr. Baisley
states that he can level the remainder of the structure this afternoon at a cost of $1500.00 to
$1600.00
The site would be safe with the remainder of the structure razed.
Pursuant to Town Code Section 93-11 this falls under the emergency clause for immediate
action.
I and Building Inspector George Kolb both agree that the above must be done immediately.
Thank you for your attention to this matter.
FIRE INSPECTOR
MARK J. LIEBERMANN
Tuesday, June 29, 2004
Aaron Kellner
PO Box 33
Chelsea, New York 12512
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
FAX: (845) 297-4558
E-MAIL: wappfire@bestweb.net
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
RE: 80 EASTER ROAD GRID* 6056,01-326668 - STRUCTURE FIRE
Dear Mr. Kellner:
On this date at about 5:10 Am I responded to your residence for a report of a structure on
fire.
Upon arrival the structure, a single family residence, was fully involved in heavy fire.
At this time,10:00 AM, the fire has been extinguished and the structure is hereby posted as
unsafe and ordered demolished pursuant to Town of Wappinger Code Section 93-1
The front portion of the structure is completely gutted, the wall to the south side of the house
and the rear south portion has collapsed. The roof rafters have been burned and the roof is
partially collapsed. The remainder of the structure is not safe and in danger of collapse.
As you stated at the fire scene, you have no insurance, homeowners or fire.
Pursuant to Town Code Section 93-11, Emergency Cases, the structure in its current state
of partial collapse due to the fire presents a clear and imminent danger to the life, safety and
health of any person. The structure that remains is hereby ordered demolished immediately
and the cost will be a charge against the land on which it is located and shall be assessed,
levied and collected pursuant to Town of Wappinger Code Section 93-10
Pursuant to Town of Wappinger Code Section 93-4, this investigative report is forwarded to
the Town of Wappinger Town Board.
Yours tr ,
0 1)
l
Mark Liebermann - Fire Inspector
NYS/CEO# 0189-7193B
Cc: Town of Wappinger Town Board>Town Assessor'>Town Clerk
Albert P. Roberts - Attorney to the Town of Wappinger
George Kolb - Building Inspector
Robert Van Tassel-Chief,Chelsea Fire district
BUILDING INSPECTOR
GEORGE A. KOLB JR.
DEPUTY BUILDING INSPECTOR
SALVATORE MORELLO III
TOWN OF WAPPINGER
BUILDING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-6256
FAX: (845) 297-4558
MEMORANDUM
TO: SUPERVISOR J. RUGGIERO & TOWN BOARD MEMBERS
FROM: GEORGE A. KOLB JR. — BUILDING INSPECTOR
RE: STRUCTURE FIRE — 80 EASTER ROAD
GRID# 6056-01-326668
DATE: 6/29/2004
cc: Albert P. Roberts, Esquire
Town Assessor Office
Building Department Grid File
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
As a result of the fire of today at 80 Easter Road, Town of Wappinger, owner Mr. Aaron
Kellner, Grid # 6056-01-326668, I have preformed an on site inspection and it is my
professional opinion that the building was so severely damage that the structure was
unsafe and in danger of collapse.
Therefore it is my position that the building needs to be demolished immediately because
the structure as is poses a safety issue for any persons that may go on the premises.
Thank you for your cooperation in this matter.
r°
G e A. Kolb Jr.
Bellding Inspector