2014-241
2014-241
Resolution Authorizing Release Of Municipal Search Without Personal Inspection
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 October 2, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, & upon roll being called, the following was
recorded:
Vote Record - Resolution RES-2014-241
Yes/Aye No/Nay Abstain Absent
Adopted
Barbara Gutzler Voter
Adopted as Amended
William H. Beale Voter
Defeated
Vincent Bettina Mover
Tabled
Ismay Czarniecki Seconder
Withdrawn
Michael Kuzmicz Voter
The following Resolution was introduced by Councilman Bettina and seconded by Councilman Czarniecki.
WHEREAS,
Carl Barone, the attorney representing Izette Santiago Mendez, the purchaser of a single-family
residence located on 17 Quarry Drive in the Town of Wappinger, has requested the release of a municipal department
search without the requisite personal inspection; and
WHEREAS,
pursuant to Resolution dated February 8, 2010, the Town Board required a personal inspection of
any property for which a municipal department search has been requested, to determine whether or not there were any
illicit discharges to the sewer system; and
WHEREAS,
the purchaser is obtaining a mortgage from Wells Fargo Bank which requires a municipal search
before closing; and
WHEREAS,
the seller’s listing agent will not permit a personal inspection by the Town; and
WHEREAS,
the purchaser has agreed to post a $500.00 security deposit with the Town of Wappinger provided
that a municipal department search is released by the Town’s Code Enforcement official based only on internal Town of
Wappinger files; and
WHEREAS,
the purchaser has agreed to allow the Town’s Code Enforcement official to do a personal inspection
within 5 days of closing and to remedy any discovered violations as soon as practicable but no later than 60 days from
date of closing; and
WHEREAS,
the purchaser will post the sum of $500.00 with the Town of Wappinger as security to insure that all
violations will be remedied as above stated.
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.
The Town Board hereby authorizes the Town of Wappinger Code Enforcement official to issue a
municipal department search based only on internal Town of Wappinger files without a personal
inspection as subject to the conditions above set forth
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER:
Vincent Bettina, Councilman
SECONDER:
Ismay Czarniecki, Councilwoman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Dated: Wappingers Falls, New York
10/2/2014
The Resolution is hereby duly declared adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK