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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. qk CIA�� 7N C. MASTERSON, TOWN CLERK