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2010-2952010-295 Resolution Authorizing the Commencement of Litigation to Collect Outstanding Escrow Account Fees 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 September 27, 2010. 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 Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Supervisor Colsey. WHEREAS, the Meadowood Subdivision project was the subject of an application submitted to the Town of Wappinger Planning Board for subdivision and/or site plan approval; and WHEREAS, as part of the review process and pursuant to Town Code, the Town of Wappinger provided professional consultant review of such applications, which were intended to be funded by an escrow account to be established by a Developer; and WHEREAS, the Developer did not maintain sufficient funds in the escrow account to pay the fees incurred by the Town of Wappinger with respect to the above -referenced project; and WHEREAS, the Town of Wappinger demanded payment of the past due escrow amount, which has been refused; and WHEREAS, the Developer was justly indebted to the Town of Wappinger for the professional consultant services provided on behalf of the above -referenced project 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. The Town Board hereby authorizes Gellert & Klein, P.C., as special counsel to the Town of Wappinger, to initiate and commence an action and prosecute to its conclusion an action for the collection of the past due escrow charges as set forth above against Meadowood Industries, LLC, Meadowood Industries Inc., Meadowood Development Corp., Meadowood Investment Corp., Steven Domber and/or any other related or necessary party, in the Supreme Court of Dutchess County or any other such Court of competent jurisdiction. Gellert & Klein, P.C., as special counsel shall be paid in accordance with the Retainer Agreement presently in place between Town of Wappinger and Gellert & Klein, P.C. 4. The Town Supervisor being and is hereby authorized to execute on behalf of the Town any documents necessary for the commencement of said action. 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 ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 9/27/2010 The Resolution is hereby duly declared adopted. J N C. MASTERSON, TOWN CLERK