2008-3452008-345
Resolution Authorizing Refund of Unused Escrow for Obercreek/Reese Property (Account
06-5121)
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 24, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, ALEX REESE (hereinafter the "APPLICANT") filed an application
requesting that his property, known as "Obercreek", located on or near Route 9D, be studied in
the Town's new Master Plan under Application Number 06-5121 (hereinafter the
"APPLICATION"); and
WHEREAS, on or about June 15, 2006, the APPLICANT deposited Fifty -Two
Thousand, Five Hundred Dollars ($52,500.00) into an escrow account with the Town of
Wappinger for payment of the fees of the Town's professionals to review the APPLICATION;
and
WHEREAS, additional escrow deposits of Five Thousand, Eight Hundred Dollars
($5,800.00), Two Thousand, Five Hundred Dollars ($2,500.00) and Two Thousand, Four
Hundred Fifty -Seven Dollars and 05/100 ($2,457.05) were made on December 12, 2007, March
6, 2008, and June 19, 2008, respectively; and
WHEREAS, the APPLICATION has been withdrawn by the APPLICANT and a request
by letter dated November 10, 2008, from Jennifer L. Van Tuyl, Esq. of Cuddy & Feder, LLP, the
Applicant's attorney, has been received requesting that all amounts remaining in the escrow
account be refunded to the APPLICANT, a copy of which is affixed hereto; and
WHEREAS, all professional fees incurred during the review of the APPLICATION have
been paid and a balance of Forty -Six Thousand, Two Hundred Thirty -Eight Dollars and 40/100
($46,238.40) remains in the escrow account; and
WHEREAS, Supervisor, Christopher J. Colsey, and Town Accountant, Frederick
Awino, have reviewed the APPLICATION and the escrow account and have determined that a
refund is due to the APPLICANT.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes a payment in the total amount of Forty -Six
Thousand, Two Hundred Thirty -Eight Dollars and 40/100 ($46,238.40), shall be made to ALEX
REESE representing a refund of the remaining escrow balance for the above referenced
APPLICATION.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
11/24/2008
The Resolution is hereby duly declared adopted.
4HN4C'J�ASTECRSON, TOWN CLERK