1991-11-12WHEREAS, such removal did not begin until after the
commencement of proceedings to effectuate same; and
WHEREAS, Town Law S 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 $3,1 6.50 necessitated by
AIL15 1005AIe,�i" COST -S o� >/?,WO q
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
'3)
in the sum of $%9-9-g-0, all totaling $1—,1-5-=
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 S 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 th6se 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 voting
Victor Fanuele --Aye
voting ��
Robert Valdati voting -�Ap _
Joseph Incoronatovoting - AA-- y -e -
June Visconti voting y
— A—r—
The Resolution was thereupon declared duly adopted.._
DATED: November 12, 1991
Wappingers Falls, New York
STATE OF NEW YORK;
COUNTY OF DUTCHESS,
TOWN OF WAPPINGER
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger, N. Y., do het�eby certify that I have com-
pared the foregoing copy of Resolution of Assessment of Costs, Fees & Expenses
Incurred by Town Re Removal of Unsafe Structure at
Intersection of Route 9D & Middlebush Road, owned
by Dagnone. Adopted at Special I?etipg 1j/122 g7
with the original record thereof now remaining
such original record. on a or o recur In t1i� -office
and have found the same to be a correct transcript therefrom and the whole of
IN TESTIMONY REOF, I have hereunto set my hand, and affixed my
seal of office, this J - of _N
---- -- 199 1-
-_ Town Clerk
ByDeputy Clerk