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2007-2142007-214 Resolution Authorizing Recreation Fees Refund Due to Overpayment 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 October 9th, 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - William H. Beale Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Richard Barger paid the Town of Wappinger Thirty Thousand Dollars and 00/100 ($30,000.00) on June 15th, 2006, toward recreation fees for an approved but never filed seven (7) lot subdivision; and WHEREAS, Mr. Barger decided to reduce the lot count to three (3) lots instead of the original seven (7) lots; and WHEREAS, Final subdivision approval was given on September 5th, 2007, for the three (3) lot subdivision; and WHEREAS, Barbara Roberti, Planning Board Secretary, has written a letter on behalf of the Planning Board, attached hitherto, detailing that there was consensus among the Planning Board that Mr. Barger is indeed entitled to be reimbursed for the fees paid for the four (4) uncreated lots which totals Twenty Thousand Dollars and 00/100 ($20,000.00); and WHEREAS, Richard Barger has requested a refund in the amount of Twenty Thousand Dollars and 00/100 ($20,000.00) due to overpayment of recreation fees. 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. Payment is approved in the amount of Twenty Thousand Dollars and 00/100 ($20,000.00), made payable to Paul Beretta, for overpayment on a building permit. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 10/9/2007 The Resolution is hereby duly declared adopted. JOHN C. MASItERSON, TOWN CLERK COMPTROLLER JEAN GALLUCCI TOWN OF WAPPINGER COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-0060 FAX: (845) 297-7214 To: Supervisor Ruggiero Town Board From: Jean Gallucci Date: October 3, 200 01f Re: Planning Board Secretary Request SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BET 1NA MAUREEN McCARTHY JOSEPH P. PAOLONI I would to request that the Town Board review and consider the attached request for the return of recreation fees to BRH Realty Corporation as discussed by the Planning Board. On June 15, 2006, the Comptroller's Office collected $30,000.00 from Richard Barger for recreation fees on his project. Currently, this same project has been reduced to 3 lots and Mr. Barger and the Planning Board would like the Town to return $20,000.00 to him based on his new subdivision specs. Please inform me of your decision on this matter. v ,+ �+ 7. .. DATE APPLICATION/ACCOUNT NO. -C PROJECT NAME LOCATION/ADDRESS + GRID NO. APPLICANT d0 ADDRESS (o n Ln AkTY_7 .NNER (If different from. applicant) _ XNER'S ADDRESS & PHONE NO. )NCEPTUAL REVIEW RECEIPT NO. (BDIVISION APP: FEE BDIVISION ESCROW TE PLAN APP, FEE TE .PLAN ESCROW RECEIPT NO. RECEIPT. NO. RECEIPT NO. RECEIPT NO. 01 PLANNING BOARD CHAIRMAN PHIL DINONNO TOWN OF WAPPINGER PLANNING BOARD 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 FAX: (845) 297-0579 MEMORANDUM SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI To: Ms. Jean Gallucci, Comptroller Cc: Mr. Phil DiNonno, Planning Board Chairman Mr. Al Roberts File From: Barbara Roberti, Planning Board Secretary Date: September 6, 2007 Re: Return of overpayment of Recreation fees for: BRH Realty Corp. AJC 03-5071 On June 14, 2006, Mr. Richard Barger paid $30,000.00 (Planning Board receipt #1008) toward his recreation fees for an approved but never filed 7 -lot subdivision in the name of BRH Realty. This reflected fee payment was for the 6 new lots he was proposing to create. Later Mr. Barger decided to reduce the lot count to only 3 lots instead of the original 7 lots. On September 5, 2007 he did receive final subdivision approval for the new count of three lots. During the meeting the overpayment of the recreation fees came up for discussion and the consensus of the planning board was that he was indeed entitled to be reimbursed for fees relating to the 4 uncreated lots. This amounts to $20,000.00 to be refunded to Mr. Barger. Attached is a voucher for the return of the overpayment of $20,000.00. TOWN OF WAPPINGER, NY r P.O. BOX 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER 1r. Richard Barger .O. Box 1781 Jappinger Falls, NY 12590 Purchase Order Do Not Write In This Box Date Voucher Received I I AMOUNT FUND - APPROPRIATION TOTAL ABSTRACT NO. 1 1 $20, 1 000 1 00 Date Quantity Description of Materials or Services UNIT PRICE AMOUNT 9-6-07 Reimbursement of overpayment for four lots: 20,000 00 20,000 00 Recreation Fee. Four lots no longer to be created from project BRH Realty, a/c #03-5071 @$5,000.00 each. Originally paid on planning board receipt #1008 June 14, 2006. TOTAL $20,000 00 t the above account in the amount of $20.000.00 is true and correct; that the items, services, and disbursements charged were rendered to or for the munici at's stated th no part has been paid or satisfied; that taxes, from W��Q which the municipality is exempt, are not inclu he a t i is actually due. 7 Date igna ure Title (Space Below for Municipal Use) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER