2019-208
2019-208
Resolution Accepting Relocated Sergeant Palmateer Way Together With Maintenance
Agreement Secured By Cash Deposit
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
November 13, 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-2019-208
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Mover
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, T.L.A. Realty, Inc. (hereinafter “TLA”) owns a parcel of real property located on the west side
of Sergeant Palmateer Way and the north side of Old Hopewell Road, and
WHEREAS, TLA made application to the Town of Wappinger Planning Board to approve a
subdivision of lands more particularly shown on a subdivision plat entitled “T.L.A. Realty, Inc.
Subdivision Plat, Old Hopewell Commons” prepared by Chazen Engineering, Land Surveying &
Landscape Architecture, Co., D.P.C. dated January 18, 2018 and last revised September 30, 2019,
(the “Plat”) and
WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat
Approval by Resolution dated December 4, 2017, subject to, and conditioned upon, fulfillment of
the conditions set forth in the aforementioned Resolution, and subject to certain improvements
being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger
Subdivision Regulations; and
WHEREAS, upon the completion of construction of the relocated portion of Sergeant Palmateer
Way and its dedication to the Town of Wappinger, an existing section of Sergeant Palmateer from
Old Hopewell Road north for approximately 190 feet shall be closed as a public highway and
abandoned to TLA; and
WHEREAS, the Engineers to the Town have advised that the construction of the relocated section
of Sergeant Palmateer Way has been completed except for a small area of transition in the vicinity of
the right of way of the existing highway; and
WHEREAS, in order to insure the least disruption of traffic, the Town Board must accept the
dedication of the relocated portion of Sergeant Palmateer Way prior to the completion of all of the
work, however the Town Board’s acceptance is conditioned upon approval that the work in the
transition area has been completed to the satisfaction of the Superintendent of Town Highways and
the Engineers to the Town; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, TLA is required to post a
highway construction guaranty in the form of a bond or performance guarantee in an amount equal
to $32,352.00, which is 20% of the cost of construction, to be held for a period of two years to
guarantee that any defects of the type described in §214-76(B) shall be cured; and
WHEREAS, TLA tendered to the Town of Wappinger a deed for the right of way for the relocated
highway from T.L.A. Realty, Inc. together with the associated transfer documents all in recordable
form and approved by the Attorney to the Town, James P. Horan, Esq.; and
WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have
recommended that the Town Board accept relocated Sergeant Palmateer Way as a town highway
subject to their final approval of the work in the transition area; and
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that it is in the best interest of the residents of the
Town of Wappinger to accept the relocated section of Sergeant Palmateer Way together with
the drainage facilities and other public improvements located in the highway right of way,
except those specifically excepted by the subdivision plat.
2. The Town Board’s acceptance is expressly conditioned upon the Superintendent of Town
Highways and the Engineer to the Town approving in writing that the work in the transition
area has been completed to their satisfaction.
3. The Town Board hereby accepts a bank check in the amount of $32,352.00 which shall be
held in escrow as a highway construction guaranty in accordance with §214-43 of the Town
of Wappinger Code which shall be held for a period of two years to guarantee that any
defects of the type described in §214-76(B) shall be cured.
4. The Maintenance Agreement executed by TLA, as Obligor, in favor of the Town of
Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the
road and other public improvements will be free from defects in materials and workmanship
for a period of two years from the date of acceptance by the Town as required by §214-43.
5. This acceptance is expressly conditioned upon TLA delivering the right of way and the
public improvements to the Town free and clear of any liens or encumbrances, and upon
payment by TLA of all outstanding fees and escrow reimbursements due to the Town.
6. The Town Supervisor and the Attorney to the Town are authorized to execute any and all
documents necessary for the recording of the deed from TLA.
7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the
town highway in his files as required by Highway Law §171(1).
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
11/13/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK