1991-11-12 (2)I
RESOLUTION
At a Special meeting of the Town Board of the Town of
Wappinger, County of Dutchess, New York, held at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York, on the 12th day
of November, 1991, at 7:05 p.m.
The meeting was called to order by Supervisor, Constance 0.
Smith, and upon roll being called, the following were:
PRESENT: Supervisor Constance 0. Smith
Councilpersons Victor Fanuele
Robert Valdati
Joseph Incoronato
June Visconti
ABSENT:
The following Resolution was moved by Councilperson
June Visconti and seconded by Councilperson Robert 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 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 $3,156.50 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 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 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 voting Aye—
Victor Fanuele voting
Robert Valdati voting Ayre
Joseph Incoronato voting --Aye-
June
AyP-June Visconti voting --Aye
—
The Resolution was thereupon declared duly adopted.
DATED: November 12, 1991
Wappingers Falls, New York
ELAINE SNOWDEN, Town Clerk