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2006-1322006-132 Resolution Authorizing Refund of Unused Escrow Funds for Evergreen Estates, Lot No. 7 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 May 8th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, Andlyn Associates has previously posted Six Thousand Dollars ($6,000.00) in connection with the planting of trees on Lot No. 7 in Evergreen Estates; and WHEREAS, the Six Thousand Dollar ($6,000.00) escrow was a result of an agreement reached with the New York State Department of Environmental Conservation to plant trees into the Wetlands Buffer in the fall of 1999; and WHEREAS, Andlyn Associates has stated that the New York State Department of Environmental Conservation is not taking any action with regards to the planting of these trees; and WHEREAS, Joseph E. Paggi, Jr., P.E., Engineer to the Town, by letter dated March 23, 2006, has stated that the builder has requested the return of the Six Thousand Dollars ($6,000.00) escrow and has agreed that the escrow monies should be returned to the builder. ( A copy of the letter is annexed hereto as Exhibit "A".) 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. That payment is approved in the amount of Six Thousand Dollars ($6,000.00) made payable to Andlyn Associates in connection with the return of escrowed monies for Lot No. 7, Evergreen Estates. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, 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 5/8/2006 The Resolution is hereby duly declared adopted. or WO. rJOHN C. TER OVIN CLERK