2012-057
2012-57
Resolution Authorizing Refund of Unused Escrow for BVM Builders, Inc. Site Plan
(Account 07-3136)
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 January
23,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale (Arrived at 7:32)
Ismay Czarniecki
Michael Kuzmicz
Vincent F. Bettina
ABSENT:
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, on or about April 12, 2007, John Mirabilio as President ofBVM Builders,
Inc. (hereinafter the "Applicant") filed an application for Site Plan Approval under Application
Number 07-3136; and
WHEREAS, on or about April 12, 2007, the Applicant deposited Three Thousand, Seven
Hundred Fifty Dollars ($3,750.00) 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 deposits in the amounts of One Thousand, Seven Hundred
Ninety-Five and 75/100 Dollars ($1,795.75), Three Thousand, Two Hundred Sixty Dollars
($3,260.00), Five Thousand, Eight Hundred Eleven and 10/100 Dollars ($5,811.10), Three
Thousand Thirty Dollars ($3,030.00), One Thousand Seven Hundred Seventy-Nine 20/100
Dollars ($1,779.20), and Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) were
respectively made on August 21,2007, August 8, 2008, January 9, 2009, November 5,2009,
January 19,2010, and June 10,2011; and
WHEREAS, the application was approved and the Resolution of Approval was signed
by the Planning Board Chairman on September 28, 2011; and
WHEREAS, all professional fees incurred during the review of the application have
been paid and a balance of One Thousand, Six Hundred Seventy-One and 20/1 00 Dollars
($1,671.20) remains in escrow account number 07-3136 and Applicant has requested a refund of
said unused escrow balances; and
WHEREAS, the Town Accountant has audited the escrow account and has verified the
amount 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 refund to the Applicant in the amount of
One Thousand, Six Hundred Seventy-One and 20/100 Dollars ($1,671.20) from
escrow account number 07-3136, representing the unused escrow balance for the
above project.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
ABSENT
AYE
AYE
Dated: Wappingers Falls, New York
1/23/2012
The Resolution is hereby duly declared adopted.
LJ~LU:ir;~
CHRISTINE FULTON, TOWN CLERK