2024-712024-71
Resolution Accepting Undertaking Secured By Decommissioning Bond In Connection With
Old Myers NY LLC
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 March 11,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-71
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
❑
❑
❑
Q
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, Old Myers NY, LLC ("Owner") is the owner of a 38.09 acre parcel of real property located at 22
Old Myers Corners Road in the Town of Wappinger designated as Tax Parcel 135689-6258-03-376432
(the "Property"), and
WHEREAS, the Owner has entered into an agreement with the Town of Wappinger whereby the owner
agrees to completed decommissioning in accordance with the Decomissioning and Site Restoration Plan
dated March 2023, and
WHEREAS, the Owner has delivered to the Town a surety bond from Harco National Insurance Company,
an Illinois corporation duly authorized under the laws of the State of New York, in the amount of
$81,030.00 as security for the restoration of the property and the decommissioning of the solar farm,
and
WHEREAS, the terms of the Undertaking and the bond authorize the Town of Wappinger to draw against
the aforementioned Decommissioning Bond in the event the Owner does not receive site plan approval
and the project site is not restored in accordance with the terms of the Undertaking.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that the Surety Bond of Harco National Insurance
Company in the amount of $81,030.00 (the "Bond") is acceptable and sufficient as a guarantee to secure
the obligation to restore the project site in the event the Owner does not fulfill its obligations as
provided in the Undertaking.
2. The Town Board hereby accepts (the "Bond") in the total sum of $81,030.00, as security for the
faithful performance for the completion of the obligations set forth in the Undertaking.
3. The Town Clerk is directed to file the bond in his office until such time as the Bond is called
upon or returned.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
3/11/2024
The Resolution is hereby duly -declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK