2011-296q
2011-296
Resolution Authorizing Purchase of 1 Wildwood Drive from County of Dutchess After in Rem Tax
Foreclosure
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 August 22, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara A. Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman Czamiecki and seconded by
Councilman Beale.
WHEREAS, the County of Dutchess has obtained title to a certain parcel of real property located
within the Town of Wappinger after In Rem Tax Foreclosure proceedings which property is commonly
known as 1 Wildwood Drive, Town of Wappinger, New York, bearing tax grid # 135689-6158-02-
870777-0000; and
WHEREAS, pursuant to Land Disposition Policy of the County of Dutchess adopted pursuant to
Resolution 244 of 1997 of the Dutchess County Legislature which allows municipalities within the
County of Dutchess to purchase parcels acquired by the County of Dutchess pursuant to In Rem Tax
Foreclosure proceedings by paying all back real estate taxes and other related expenses incurred by the
County; and .
WHEREAS, the subject parcel has been the subject of much litigation concerning the validity of
an "open space" designation placed on the parcel in consequence of a subdivision approval granted by the
Town of Wappinger Planning Board in 1963; and
WHEREAS, the United States Court of Appeals for the Second Circuit, as well as the New York
State Court of Appeals, have confirmed the validity of the "open space" designation on the parcel; and
WHEREAS, the "open space" designation requires that this parcel remain in an undeveloped
condition; and
WHEREAS, the Town Board has determined that the acquisition of the subject parcel would be
in the best interests of the residents of the Town of Wappinger as well as the general safety and welfare of
the Town; and
WHEREAS, the County of Dutchess has advised that the total amount due to acquire said parcel
is approximately $31,244.17 (exclusive of any taxes levied pursuant to the 2011 assessment rolls),
provided same is paid on or before September 1, 2011, otherwise additional interest and fees will be
imposed; and
WHEREAS, the County of Dutchess has scheduled a sale of all parcels acquired through In Rem
Tax Foreclosure proceedings for October 4, 2011; and
WHEREAS, the Town Board has undertaken an environmental review of this action and has
caused a Short Form Environmental Assessment Form to be prepared and has determined that there are no
negative environmental impacts associated with the acquisition of this parcel.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2.
4.
5.
7.
The Town Board determines that the Proposed Action is an Unlisted action pursuant to
Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known
as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review
Law); and
The Town Board determines that the Proposed Action is an action for which there are no
other Involved Agencies and the Town Board is therefore, by default, Lead Agency for
this action.
Based on its review of the Short Form EAF and the information contained therein, the
Town Board hereby determines that there are no negative environmental impacts
associated with the Proposed Action (the purchase of the above-mentioned parcel) and
the Town Board hereby makes a Negative Determination of Significance for the proposed
action.
The Town Board hereby determines that it is in the best interest of the Town to purchase
the parcel known as 1 Wildwood Drive bearing tax grid # 135689-6158-02-870777-0000
on or before September 1, 2011, in accordance with the Land Disposition Policy of the
County of Dutchess, on condition that title to said parcel is insurable by a title insurance
company licensed to do business in the State of New York, subject to standard
exceptions, and in accordance with the conditions of this Resolution.
The Town Board further directs the Attorney to the Town, Albert P. Roberts, to procure a
title insurance policy in the amount of $50,000.00 in favor of the Town of Wappinger
insuring title to the subject property subject to standard exceptions.
The Town Board hereby authorizes an amount not to exceed $37,000.00 to acquire the
subject parcel which sum is to include all sums due the County of Dutchess, related fees,
recording charges, title insurance and other costs and expenses associated with the
acquisition of this parcel; payment to be made to the County of Dutchess within sixty
(60) days of delivery of a certified copy of this Resolution to the Commissioner of
Finance.
The Town Board further authorizes the Town Supervisor, Barbara A. Gutzler, to execute
any and all documents necessary for the acquisition of the subject parcel and the
recording of deeds and related documents.
The foregoing was put to a vote which resulted as follows:
BARBARA A. GUTZLER, 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
8/22/2011
The Resolution is hereby duly declared adopted.
J C. MASTERSON, TOWN CLERK
GERALD A. VERGILIS*
KENNETH M.STENGER
ALBERT P. ROBERTS
THOMAS R DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
KEVINDMT c ERM07T
ANGEL L FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NE1LL
August 15, 2011
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attn: Barbara A. Gutzler, Supervisor
(845)298-2000
FAX (845) 298-2842
www.vsrp.com
e-mail: fiifoCvsrp.com
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)152-1046
Re: Resolution Authorizing Purchase of 1 Wildwood Drive
Dear Barbara and Board Members:
OF COUNSEL:
KAREN MacNISFI
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR
MARIA L JONES
*AISO ADMITTED IN FLA.
"ALSO ADMITTED IN CONN.
-ALSO ADNUMD IN NJ
•+"'ALSO ADNG=D IN FL & MA
'RECEIVED
AUG l,. 8 2011
TOWN OF WAPPINGER
TOWN CLERK
In connection with the Resolution to purchase the Absolute property, attached please find an
exchange of emails received from Donna Benedict of the Commissioner of Finance's office.
Since we did not acquire the property in June, additional taxes will be levied against this parcel
based on the 2011 assessment rolls.
I am copying this letter to Chris Harkins, Town Assessor, to determine if there is any way of
removing this parcel from the assessment rolls for 2011.
I am seeking a clarification of the statement "2009 County Town Tax (if applicable)". I will
hopefully have an answer on or before August 22, 2011.
Very truly yours,
ASTEN O RTS, DAVIS &DIAMOND, LLP
ROBERTS
APR/af
Enclosures
cc with enclosures: Chris Harkins, Town Assessor
Keith Byron, Esq.
0:\Wappinger\Town Board\AbsoluteProp\2011 Correspondence\081511 Letter to Town Board re Wildwood Reso. to
Purchase.doc
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION o be com letea Dy A
3pillcani or rroeui opwisavi
1. APPLICANT/SPONSOR
2. PROJECT NAME
TOWN OF WAPPINGER, DUTCHESS COUNTY
Purchase of In Rem Tax Parcel - Absolute Property Managment
3. PROJECT LOCATION:
Municipality TOWN OF WAPPINGER County DUTCHESS
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Parcel Location: 1 Wildwood Drive,
Parcel Grid # 135689-6158-02-870777-0000
5. PROPOSED ACTION IS:
[Z New F]Expansion Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
The Town of Wappinger intends to purchase the above noted parcel from the County of Dutchess after an In Rem Tax Foreclosure
proceeding.
7. AMOUNT OF LAND AFFECTED:
Initially 2.80 acres Ultimately 2.80 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
0 Yes No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[21 Residential El Industrial Commercial Agriculture R] Park/Forest/Open Space Other
Describe:
Surrounding land is residential in nature.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
Yes No If Yes, list agency(s) name and permlt/approvals:
The sale is subject to the approval of the Dutchess County Legislature.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
ElYes I n No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
E]Yes 0✓ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicantisponsor name: Town of Wappinger Date: August 22, 2011
Signature:
If the action is in the Coastal Area, and you area state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II - IMPACT ASSESSMENT 7o De corn ievea o — 6 �+
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 ifyes, coordinate the review process and use the FULL EAF.
Yes 2 N
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
DYes ✓0 No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None
C6. Longterm, short term, cumulative, or other effects not identified in C1-05? Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
n Yes 171 No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
Yes 0 No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
_ ___ •L. J�L�.-...i..wFir�n ..c �o...,,.�.,,.o M,,ct avall [ate the notential impact ofthe proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the
EAF and/or prepare a positive declaration.
0✓ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determin
Town of Wappinger, Town Board August 22, 2011
Name of Lead Agency ate
Barbara A. Gutzler
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Supervisor
Title of Responsible Officer
Signature of Preparer If different from responsible officer)
MEMO
To: FILE
From: APR
Date: August 15, 2011
Re: Absolute Property (1 Wildwood)
Phone call received on voicemail of Albert P. Roberts from Donna Benedict of the
Commissioner of Finance Office on August 15, 2011 at 5:12 p.m. as follows:
"Al, its Donna Benedict. I see what your question is, it's on our littlespread sheet at the
bottom under Quit Claim Deed Calculation that should say 2010 County Town. We just
never have changed it from last year and hopefully that clears up your confusion."
End of Message.
O:\Wappinger\Town Board\AbsoluteProp\2011 Correspondence\081511 Phone Message Memo from Donna Benedictdoc
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FW: Absolute Prop
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- --o- - -- -
Al R <aroberts@vsrP.com>
Mon, Aug 1 b, 2011 at 344 PM
Benedict, Donna <dbenedict@co.dutchess.ny.us>
To: Al R <aroberls@vsrp.com>
Does this make more sense?
72 ---�----
73 _Forms ComOletetl TO AcctgiPlvt Sales —
at.' ,ra
N; +" ►' ►rl, bid calmlation hxm memd. maul
REEMWARa
O
From: AIR [mailto:�robe vsro court
Sent: Monday, August 15, 20113:33 PM
To: Benedict, Donna
Cc: Chris Masterson; Hon. Barbara Gutzler; Ismay Czamiedd; Joseph Paolonr; Mary Lou DeForest; Vincent Bettina; William Beale; William Beale; Byron, Keith
Subject: Re: FW: Absolute Prop
r0o.ted text hidden)
B60
2010 Property Tsx.w int
F G' H I
J K r
A C p E
I
40
I
I
JQUIT,CLAIM DEED CALCULATION
44
45
46
--�----
Curry If not on UPTS I
46
UPTS Amourrt $22 934_85 7464.64 13as e
150_00 _746 46 1neexst —172 the Interest%
r,
4g
50
Less_5150:00^. _,__
Less Count. Clerk fee's 11.00 .4.00,Dol 1•ar; Fees
51
I?OtO.Cou-n Town Tax fU applicable 8-215.32 .6215:32 TOTkl
530989.17( _—
t;
52
BID AMT:
55tPlus
$150.00'IrrRem fee 15000
Resolution Fee: I 100`00 I —---
—
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56
57
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53
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-
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Buyers, Premluhi after 6(1
V
—10%
jTOTAL.DUE
WYSIGrNtD1 $11, 2
63
—
-584 & RP -5217 FORMS .& LETTERS TESTAMENTARY (if a
64
—ITP
^IMUST
INCLUDE ALL ASSESSED OWNERS NAME5
AND SOCIAL SECURITY NUMBERS.
MUST BE SIGNED BY. AN ASSESSED OWNER OR. BY EXECUTOR/TRI .HEIR A INCLUDE COPIES'OF`
F
65°
_
66
67
RECENT LETTERS TESTAMENTARY IF APPLICABLE.
68
_IFORMS
E-mall_CheM Sharon Ha�off Absolute -- --
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69
Gail, Carmella' Donna Fldr OCC HarofY
Deed $ Forms Flletl
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7}
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72 ---�----
73 _Forms ComOletetl TO AcctgiPlvt Sales —
at.' ,ra
N; +" ►' ►rl, bid calmlation hxm memd. maul
REEMWARa
O
From: AIR [mailto:�robe vsro court
Sent: Monday, August 15, 20113:33 PM
To: Benedict, Donna
Cc: Chris Masterson; Hon. Barbara Gutzler; Ismay Czamiedd; Joseph Paolonr; Mary Lou DeForest; Vincent Bettina; William Beale; William Beale; Byron, Keith
Subject: Re: FW: Absolute Prop
r0o.ted text hidden)
•
�` pail -
FW: Absolute Prop
Al R <aroberts,—ftsrp.com>
Mon, Aug 15, 2011 at 3:32 PM
Al R <aroberts@vsrp.com>
To: "Benedict, Donna" <dbenedict@co.dutchess.ny.us>
Cc: Chris Masterson <CMasterson@townofwappinger.us>, "Hon. Barbara Gutzlee' <bgutzier@townofwappinger.us>, Ismay Czamiecki
<fsmey.czamiecki®martstedu>, Joseph Paoloni <ward4@optonI1ne.net>, Mary Lou DeForest <townolerk@unionvaleny.us>, Vincent Bettina
<ward2tow(cj380l.c0m>, William Beale <wbeale®townofwappinger.us>, William Beale <billbeale@aol.com>, kbyron@oo.dutchess.ny.us
Donna,
Thank you for your email, but I do understand everything that you said. Which is precisely why I asked the questions. It is not clear if your reference to
112009 County Town Tax (if applicable)" is the tax bill that was sent in January 2010.
'I am trying to determine precisely how much the Town Board will have to pay for this parcel.
I tried to get you several times, but your phone line was busy.
Regards,
Albert P. Roberts
On Mon, Aug 15, 2011 at 12:34 PM, Benedict, Donna <ril -nPdict co dufchess.nv.us> wrote:
The 2009 County Town are the taxes based on the March 2009 assessed value. The first tax that comes out Is the 2009110 school and then the 2010
(calendar year) property taxes. We use Levy year, not calendar year. The 2010 Levy is payable in Jan 2011 and we are not collecting that tax until 911.
Because you asked for figure after that date, I included the number on your quote. it is not on the screen print, properly. 488-2073 if you have questions.
From: Al R [mallto:aroberts0vsro coml
Sent: Monday, August 15, 201111:39 AM
To: Benedict, Donna
Subject: Fwd: FW: Absolute Prop
Donna,
I do not understand the term "2009 County Town Tax (if applicable)". You indicate that the 2010 Levy of Property Taxes are included,
which I assume would be the 2009 County and Town taxes. Please confirm.
Very truly yours,
Albert P. Roberts, Esq.
Vergilis, Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
Wappingers Falls, New York 12590
845-298-2000
From: Benedict, Donna [maiito:dbenedictkDco dutchess nv LW
Sent: Friday, August 12, 2011 2:58 PM
To: afranconicQvsro.com
Cc: Byron, Keith
Subject: Absolute Prop
To whom it may concern:
Below is the quote for the property you requested. Please forward a check for the amount due as well as an executed TP -584 and RPS 5217.
PLEASE NOTE, the 2010 levy property taxes are included in this figure however the 2011-2012 school taxes would be the Town's responsibility.
QUIT CLAIM DEED CALCULATION
UPTS Amount $22,934.85
Less $150.00 150.00
Less County Clerk fees 11.00
2009 County Town Tax (if applicable) 8.215.32
BID AMT: $30,989.17
Curr Yr(if not on OPTS)
7464.84 Base
746.48 Interest ***F2 the interest %
4.00 Dollar Fees
8215.32 TOTAL
Plus $150.00 In Rem
fee 150.00
Resolution Fee: 100.00
E & A for County Clerk 5.00
Red Hook
E&A for property in +5.
2010/2011 School Tax 0.00
2010 -Property Tax w int 0.00
10% Buyers Premium after 8/1 (=D52*0.10)
TOTAL DUE W/SIGNED $31.244.17GUARANTEED FUNDS
TP -584 & RP -5217 FORMS & LETTERS TESTAMENTARY (if applicable)
Albert P. Roberts
Vergilis, Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
Wappingers Falls, Newyork 12590
(84S) 20-2000
Albert P. Roberts
Vergilis, Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
Wappingers Falls, New York 12590
MA51 2QS-2000