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2004-023RESOLUTION NO. 2004-023 RESOLUTION EMPLOYING LEGAL SERVICES FOR THE TOWN OF WAPPINGER At the 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 5th day of January, 2004, 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 - Councilmember- ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Mr. Paoloni and seconded by BE IT RESOLVED, that Albert Roberts be and he hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such legal advice and services as may be required and he shall receive compensation therefore in accordance with a proposal to this Board, and BE IT FURTHER RESOLVED, that Marco Caviglia be and he herby is appointed Special Council. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Acme ROBERT L. VALDATI, Councilmember Voting Aye VINCENT F. BETTINA, Councilmember Voting Ayp JOSEPH P. PAOLONI, Councilmember Voting Aye MAUREEN MCCARTHY, Councilmember Voting A YP Dated: Wappingers Falls, New York January 5, 2004 The Resolution is hereby duly declared adopted. a GLO . O , TOWN CLERK VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS LOUIS J. VIGLOTTI JOAN R GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K.PATTERSON JAY B. RENFRO *ADM1TrED TO PRACTICE IN NY & FLA. **ADMr1TED TO PRACTICE IN NY & CONN. Personal and Confidential December 15, 2003 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: (845) 298-2000 IRA A. PERGAMENT LEGAL ASSISTANT: FAX (845) 298-2842 AMY E. DECARLO e-mail: VSRP®BestWeb.net POUGMMUSIE OFFICE " ^$ ,( ^$,. �J 276 MAIN MALL , r ,�ED . ,._ . PO UGHKEEPSIE, NY 12601 (845) 452-1046 ` 2003 D, PINE PLAINS OFFICE SUPERVISOR'S OFFICE 2990 C14URCH ST. P.O. BOX 21 WAPPINGER TOWN OF PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS Hon. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Dear Joe: I respectfully request to be considered for the position of Attorney to the Town Board for the period 2004-2005. As you know, I have been Attorney to the Town of Wappinger continuously since January 1990. I believe my work product speaks for itself. I have been an Attorney for almost 33 years with a concentration in municipal, land use, land development, commercial and residential real estate and banking. My past clients have included the Wappinger Central School District, New Paltz Central School District, Town of Unionvale, Town of Dover, Village of Fishkill as well as the Town of Wappinger. I have also been appointed Special Counsel to the County of Dutchess concerning the appointment of the Commissioner of Elections for the Democratic Party. My fee arrangement will be at a rate mutually agreeable between the Board and me. Thank you for your consideration. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT ALBEItT P. ROBERTS APR/bg 0:\Wappinger\Town Board\1-GeneralTB\121503-TB2.doc & VIGLOTTI, LLP RESUME OF MARCO CAVIGLIA LAW FIRM OF MARCO CAVIGLIA 2610 South Avenue Wappingers Falls, New York 12590 (845) 297-0044 LEGAL LAW FIRM OF MARCO CAVIGLIA - (1995 to Present) Litigation of Civil and Criminal cases; general practice, areas include real estate, probate, corporate law, tax assessment review, municipal tort law, contract, and intellectual property law; matrimonial and family law; personal injury and negligence practice DEPUTY TOWN ATTORNEY - Town of Poughkeepsie - (1/00 to 12/01) Duties included tax certiorari litigation, federal litigation regarding labor practices; personnel grievance arbitrations; creation of sewer and special districts, special elections, eminent domain, disciplinary matters; negotiations for collective bargaining agreements; zoning board attorney; prosecutions for all violations of the municipal codes in Town Justice Court. CAVIGLIA & KOLB - Partner (1989 to 1995) Co-founder and principal in law firm handling all forms of litigation, municipal litigation, criminal practice, software licensing agreements and computer law; real estate, probate and trusts, and contract law, matrimonial and family law, personal injury and negligence. SENIOR ASSOCIATE - Law Offices of James Steinberg (10/97 to 1/89) All phases of civil and criminal litigation; concentrations included medical malpractice and personal injury, computer law, criminal law, and certain areas of general practice. CHIEF ASSISTANT PUBLIC DEFENDER - County of Dutchess (1/86 to10/87) Overall management and supervision of 12 attorney and 11 support staff office; managed $650,000 annual budget; chief advisor on planning and policy development; major felony trial responsibility. ASSOCIATE ATTORNEY - Meiselman, Farber, Stella and Eberz, P.C. (11/84 tot /86) Overall management of assigned medical malpractice litigation, including all phases through verdict; pleadings, discovery; case valuations, negotiations and settlement, medical malpractice panel submissions and presentations; selected litigation in other negligence/intentional tort areas. SENIOR ASSISTANT PUBLIC DEFENDER - County of Dutchess (4/82 to11/84) Full responsibility of major felony cases: trials and dispositions and all related motion practice and calendar practice; case coordination with investigators, extradition/detainer, calendar practice; responsible for Green Haven Correctional Facility cases; LEXIS use coordinator. ASSISTANT DISTRICT ATTORNEY - County of Dutchess (10/80 to 4/82) Primary felony and misdemeanor responsibility through verdict for 400 average caseload/120 monthly dispositions; grand jury and calendar practice; motion practice; indictments; pre/post-trial hearings; responsible for Fishkill Correctional Facility and Downstate Correctional Facility cases; conducted municipal training police training for police officers regarding substantive criminal law and procedures. LEGAL AIDE - Office of Real Property Services (formerly NYS Board of Equalization and Assessment), Albany, New York (9/78 to10/80) - Concerned with substantive law in areas of real estate, real property tax law, and administrative law; responsibilities included legal research regarding past and current property tax legislation and prospective legislation; assisted in bill drafting and memoranda; drafted Opinions of Counsel; concentrated in area of real property tax exemptions for not-for-profit corporations as well as other Article 4 Real Property Tax Law exemptions. LAW CLERK - for G. Serino, Esq., Town Attorney, Town of Poughkeepsie, New York (9/76 to 2/77) Performed legal research for private and municipal practice NON -LEGAL ADJUNCT PROFESSOR - State University of New York at New Paltz, New Paltz, New York - Dept. of Sociology ( 2001 to present) ADJUNCT PROFESSOR - Dutchess County Community College, Poughkeepsie, New York - Criminal Justice Program (2000) ADJUNCT PROFESSOR - Marist College, Poughkeepsie, New York - Criminal Justice (1993) P) ADJUNCT PROFESSOR - Marist College, Poughkeepsie, New York - Paralegal program (circa 1989-1990) MARKETING REPRESENTATIVE - International Business Machines, Inc. (5/73 to 7/76) Marketed hardware and software systems to vertical territories in areas of manufacturing, education, government, wholesale food distribution, oil distributors, and general territory as well; scope was technical and marketing; responsibility for total business relations between IBM and accounts, corporate studies, presentations and written proposals, conducting seminars, and developing system requirements; member of '100% (of quota) club" each year. Formal training included Computer Concepts and Design Techniques, Business Information Systems, Disc Operating Systems/Virtual Storage Facilities, Communications System Design, and Advanced Marketing Techniques. COUNTY LEGISLATOR - County of Dutchess (1/75-1/77) Elected office concerned with legislation and impact upon constituents; as member was responsible for $78,000,000 budget; member of the following standing committees: Personnel, Educational Services, and Human Services; also member of the Board of Directors of the County Committee of Economic Opportunity. EDUCATION ALBANY LAW SCHOOL at Union University, Albany, New York Jur. D. (1980) Earned 100% tuition/expenses COLGATE UNIVERSITY, Hamilton, New York B.A. Political Science (1973) Dean's List; 100 % scholarships ADMISSIONS New York State Bar Federal Court (Southern and Eastern Districts) MEMBERSHIPS Present memberships in New York State Bar Association, New York State Trial Lawyers' Association, New York State Association of Criminal Defense Lawyers, New York State Defenders' Association, and Dutchess County Bar Association. PUBLICATIONS Weekly column in the Dutchess Tribune entitled "Legal Brief' (1994-1995) Weekly radio show entitled "Legal Brief' on WKIP radio (1989-1990) "Civil Liabilities in the Martial Arts," Black Belt Magazine, October, 1981, O'Hara Publications, California. (author) Property Tax Exemption Codes for County City and Town Assessing Units, January 1981, Division of Equalization and Assessment, Albany, New York. (contributor) PANELS 35-B Panel Member (Capital Punishment) of the Appellate Division, Second Department Member of Matrimonial Fee Dispute Arbitrators, Appellate Division, Ninth Judicial District. OTHER - Legal Counsel to Hudson River Psychiatric Center Advisory Council, Poughkeepsie, New York Lecturer - Center for Lifetime Studies (1996) Computer Law presentations to the Data Processing Management Association (1988-90) Languages: Italian and knowledge of Spanish CADocuments and Settings\All Users\Documents\WPDOCS\Misc\MCRESUME2002 4 TOWN OF WAPPINGER TOWN CLERK GLORIA J. MORSE January 6, 2004 Albert P. Roberts, Esq. Vergilis, Stenger & Roberts 1136 Route 9 Wappingers Falls, NY 12590 Dear Al: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI At the Reorganization Meeting of the Town Board of the Town of Wappinger held on January 5, 2004, you were appointed as Attorney to the Town for the purpose of furnishing to the Town Board, its Officers and Agencies, such legal advice and services as may be required for the Year 2004. We look forward to the another good year. Sincerely, Gloria J. orse Town Clerk GJM/fh TOWN OF WAPPINGER TOWN CLERK GLORIA J. MORSE January 6, 2004 Marco Caviglia, Esq 2610 South Avenue Wappingers Falls, NY 12590 Dear Marco: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI At the Reorganization Meeting of the Town Board of the Town of Wappinger held on January 5, 2004, you were appointed to serve as Special Council for the purpose of furnishing to the Town Board, it Officers and Agencies, such legal advice and services as may be required for the year 2004. Welcome aboard. Sincerely, F � Gloria J. orse Town Clerk GJM/fh