2019-193
2019-193
Resolution Authorizing Use Of Cash Deposit Held In Escrow To Be Used For Top Course
Paving In All Angels Heights Subdivision
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
15, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2019-193
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Michael Kuzmicz Voter
The following Resolution was introduced by Councilman Phillips and seconded by
Councilman Beale.
WHEREAS, on November 17, 2014, the Town of Wappinger Planning Board conditionally
approved a final subdivision plat entitled “All Angels Heights Subdivision” prepared by Barger
& Miller, Engineering & Land Surveying, PC, dated September 15, 2008; and
WHEREAS, by Resolution 2016-265, the Town of Wappinger Town Board accepted a
performance agreement secured by a cash deposit of $107,427.60 to be held in escrow to ensure
the construction of all public improvements within the approved subdivision including the
roadway which have been offered for dedication to the Town; and
WHEREAS, road and drainage improvements have been made on the road in the All Angels
Subdivision known as Padasana Court, however, the final top course paving remains to be
completed as well as other items; and
WHEREAS, the lots on Padasana Court have been developed and the residents of the homes
have requested that the Town facilitate the completion of the road so that it may be dedicated to
the public; and
WHEREAS, R.J.A. HLD. INC has requested and consented that the escrow being held by the
Town may be released to the paving contractor for the expense of installing a top course of
paving on Padasana Court and making any necessary improvements to the road;
WHEREAS, the paving contractor has provided an estimate of $64,150.00 for the cost of the
work which is required and there are sufficient escrow funds available for the paving;
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Board hereby authorizes the release of sufficient escrow funds from the
account established for the All Angels Heights Subdivision, in an amount not to exceed
$80,000, for expenses related to the top course paving of Padasana Court, including
country curbing and catch basin risers as required by the approved construction plans.
2. Payment from the escrow account is contingent upon satisfactory completion of the work
evidenced by the inspection and approval of the Engineer to the Town and the
Superintendent of Town Highways.
3. R.J.A. HLD. INC and its paving contractor shall provide a voucher, an itemized invoice
of the work done, and a waiver and release to the Town, in a form acceptable to the Town
Attorney, for the paving work as a condition to payment.
4. After completing the necessary paving, R.J.A. HLD. INC. shall remain obligated to
complete all other requirements for dedicating the subdivision improvements to the
Town, including but not limited to providing as built drawings, a maintenance bond and
other necessary improvements identified in the approved construction documents.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
10/15/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK