1991-11-12 SPMA Special Meeting of the Town Board of the Town of Wappinger was
held on November 12, 1991, at the Town Hall, 20 Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 7:00 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Emanuel Saris, Attorney
Graham Foster, Highway Superintendent
This Meeting was set at the Regular Meeting of October 28, 1991
for the purpose of acting on the Assessment of Costs and Expenses
incurred by the Town in relation to the removal of an unsafe structure
at the intersection of Route 9D and Middlebush Road, owned by Nicholas
Dagnone.
MR. INCORONATO moved to adjourn to Executive Session, seconded by
Mrs. Visconti and unanimously carried.
The Town Board went into Executive Session at 7:01 P.M.
The Meeting reconvened at 7:06 P.M. with all five Town Board Members
present.
The Meeting was then recessed at 7:06 P.M. for the purpose of opening
a Public Hearing on the Assessment of Costs and Expenses incurred by
the Town in relation to the removal of an unsafe structure at the
intersection of Route 9D and Middlebush Road, owned by Nicholas
Dagnone.
The Special Meeting was reconvened at 7:15 P.M. with all five Board
Members present.
The Public Hearing regarding the Assessment of Costs and Expenses
on the removal of an unsafe structure owned by Nicholas Dagnone,
having been duly held, the Board considered action on the Dagnone
subject.
The following Resolution was moved by COUNCILPERSON VISCONTI and
seconded by Councilperson Valdati:
WHEREAS, after notice of hearing and due deliberation, a
resolution was passed by this Town Board on October 28, 1991
authorizing demolition and removal of a structure located at the
northeast corner of the intersection of Route 9D and Middlebush
Road, identified as tax parcel number 6157-01-276805, owned by
Nicholas Dagnone; and
WHEREAS, Nicholas Dagnone did not appear for the hearing
scheduled for September 9, 1991, at 6:50 P.M. pursuant to the
"NOtice to Repair or Remove Unsafe Structure"; and
WHEREAS, Thomas Classey, Building Inspector, Town of
Wappinger, has advised the Town Board that the property owner,
Nicholas Dagnone, has begun the removal of the unsafe structure
despite his non-appearance as aforesaid; and
WHEREAS, such removal did not begin until after the
commencement of proceedings to effectuate same; and
WHEREAS, Town Law Section 130 and Local Law #8 of 1982 of the
Town of Wappinger authorizes 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 15 of the Town Law;
and
WHEREAS, the Town Board has received an affidavit of legal
services from the law firm of Gellert & Cutler, P.C. with respect
to these proceedings amounting to the sum of $3,156.50.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board directs the Town Supervisor, Town
Building Inspector and the Town Assessor to assess all costs,
fees and expenses incurred by the Town herein including the
aforementioned legal fees in the sum of $3,156.50 necessitated
by these proceedings, and to assess and levy such costs, fees and
expenses against the land on which the unsafe structure was
located, identified as tax grid #6157-01-276805, as provided by
law.
2. The Town Board hereby determines that Gellert & Cutler,
P.C. devoted in excess of 29 hours of attorneys' time in furtherance
of these proceedings and prosecution of this action, and will devote
at minimum an additional five (5) hours of attorneys' time thereto,
as set forth in the affidavit of Emanuel F. Saris sworn to on
November 8, 1991 and that such fair and reasonable legal fees amount
to $2,977.50 plus disbursements in the sum of $179.00, all totaling
$3,156.50.
3. The Town Board directs that the aforementioned legal
fees, costs and disbursements are a just and proper charge to be
levied upon the aforesaid property owned by Nicholas Dagnone
pursuant to Section 130 of the Town Law and Town of Wappinger Local
Law #8 of 1982, in the manner prescribed by Article 15 of the Town
Law.
4. The Town Board directs and authorizes that these fees,
costs and disbursements be assessed and levied against the real
property identified by tax parcel number 6157-01-276805.
The question of the adoption of the foregoing Resolution
was duly put to vote on roll call, which resulted as follows:
Constance 0. Smith
Victor Fanuele
Joseph Incoronato
Robert Valdati
June Visconti
voting
Aye
voting
Aye
voting
Aye
voting
Aye
voting
Aye
The Resolution was thereupon declared duly adopted.
COUNCILPERSON VISCONTI further moved that all publication fees of $19.20
incurred on the demolition of the unsafe structure, be added to
the expenses to be assessed to Mr. Dagnone.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Saris, Attorney, presented for the record, his Affidavit of
Legal Services in relation to the demolition of the unsafe
structure owned by Mr. Dagnone.
There was no other business to come before the Board.
MRS. VISCONTI moved to close the Special Meeting, seconded by
Mr. Incoronato and unanimously carried.
The Meeting closed at 7:20 P.M.
Spl. Mtg. 11/12/91
�1
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger
on November 12, 1991, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York, to determine the Assessment of
costs and expenses incurred by the Town in the removal and demolition
of property at the intersection of Route 9D and Middlebush Road.
Supervisor Smith opened the Public Hearing at 7:06 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Emanuel Saris, Attorney
Graham Foster, Highway Superintendent
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Smith explained, for the benefit of the public that the purpose
of the Public Hearing was, as stated in the Legal Notice to assess the
expenses incurred by the Town in their efforts for the past three or
more years to have the structure demolished for safety reasons.
The total amount determined at this time represents expenses for the
past year, nothing previous to that even though monies were expended
by the Town for several years.
Mr. Valdati added that they started several years ago to have the
owner put the structure in proper repair to make it safe, however
he did not comply or even respond to the Town's communications.
Then the Building Inspector was requested to send official Notices
to Repair or Remove the structure; this too failed and then the Town
resorted to the authority given under Local Law #8 of 1982 that gives
the Town the right to demolish the structure at the owner's expense
if it is determined that it is an unsafe building. The Engineers
that Mr. Dagnone hired found many many areas in the building that
were unsafe.
Mr. Dagnone arrived at the Hearing and was recognized by Mrs. Smith
who asked him if he had any comments to make. She then explained that
the Board had a resolution in front of them determining the expenses
that were incurred by the Town in the process required to demolish
his building.
He stated that he was not happy that he was told to take his house
down especially when he knew it was a very safe and sound structure
It's been here in the Town: for over 150 years and he has timbers
that have been removed that are very solid. There are no indications
of infestation or any rotten sections and he has taken them to his
daughter and son to use in their homes. He repeated that he was not
happy but he was willing to take it down; he went out and got
engineering reports and they said it was a solid structure, but he
was still told to take it down. He tried to donate the house and
the property to the Town and called historians relating to this
donation but was told that because of cost factors they could not
accept. Mrs. Smith interrupted to say it was her understanding that
he wanted to donate just the house. He continued his comments and
stated that he was forced into this action with no notification.
The Attorney pointed out that Mr. Dagnone was notified of the Hearing
on September 9, 1991 and several communications and Notices to Remedy
were sent to him but he never responded. Mr. Dagnone replied that
he was unable to come to the meeting, he was unaware of it and there-
fore did not respond; he was in Minnesota so he did not know about
it. He asked the Attorney if he had served him and the response
was affirmative, by mail. He repeated that he was away and was
unaware of the meeting so how could he respond to the notifications.
Mrs. Smith interrupted again to inform him that this was not the
subject of the public hearing.
She asked if anyone wished to make comments on the subject matter
of the Public Hearing. No one else spoke either for or against the
matter of determining the assessment of the costs incurred by the
Town on the demolition of the Dagnone structure.
MRS. VISCONTI moved to close the Public Hearing, seconded by Mr.
Incoronato and unanimously carried.
The Hearing closed at 7:14 P.M.
, �AS�,,
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
ASSESSMENT OF EXPENSES INCURRED
BY TOWN RE REMOVAL AND DEMOLITION
OF REAL PROPERTY LOCATED AT THE
INTERSECTION OF ROUTE 9DAAND
MIDDLEBUSH ROAD, TOWN OF WAPPINGER
STATE OF NEW YORK )
) ss
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on October 30, 1991, your deponent posted a copy
of the attached Notice of Public Hearing on the Assessment
of Expenses Incurred by Town regarding the removal and
demolition of property located at Route 9D and Middlebush
Road, on the signboard maintained by your deponent in her
office in the Town Hall of the Town of Wappinger, Middlebush
Road, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
0
Sworn to before me this
day of /Y �C�G1991.
NOTARY BLIC
VI
J.VOWN NJ of rjow York
Qto putnsm county
p�{pp ftplrss Apro 3l),/4f-3
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
...............7Az�..N�.t�,7.�x.................... of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
r° times hereinafter was, the ...$.QOkX-een-ex........
,vinTerwil condducctapumicH WrkV of the SOUTHERN DUTCHESS NEWS, a
S n t 05 P M si he Town Hall. 20
MiddlabushRead, Wappingers Falls. 1 newspaper printed and published every Wednesday
Dutchgss wwWh time aNlp:nies I York,
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have anopporWr"tobeheardwitht in the Town of Wappinger, Dutchess County,
�respetl to the determination and,
assessW*"
incum°"' of all y the Town Gaeta and ex
peraes ` York, and that the annexed NOTICE was duly
urof Wei
proper in their removal and
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by
.theTowndW published in the said newspaper for ..R1 4'..weeks
'Tax Grid '"15?
815 -01.278808, at the.
I northeastcorner of M�eboh Road
at Route 9D. successively in each week, commencing, on the
By ORDER OF THE TOWN BOARD
ELAINE H. SNOWDEN,
TOWN CLERK, ,30th„ day of ... 19.9 and on the
I ""' `'"' TOWN OF WWINOER
Dated! Oct. 29` 1591"`'"" ``` `"` following dates thereafter, namely on
.................................................................
and ending on the ..30th,,,, day of 4�ok�r
1991.. both days inclusive.
Subscribed and sworn to before me
this .3ath.... day of ...yto a. 9...9. .
....... ..
Notary Public
My commission expires .................................
RACHEL WISHART
NOTARY PUBLIC,, STATE OF NEW YORIf
QUALIFIED III OU -11 -HESS COUNTY
N 14-4=902
COMMISSION EXPIRES MARCH 31. 19-4t
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