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2019-129 2019-129 Resolution Accepting Undertaking Secured By Restoration Bond In Connection With Soil Disturbance 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 May 28, 2019. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2019-129 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Mover      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Voter     Withdrawn  Michael Kuzmicz Seconder     The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz. WHEREAS, E&C Espicoz Properties LLC (“Owner”) is the owner of a 2.275 acre parcel of real property located at 20 Mac Farlane Road in the Town of Wappinger designated as Tax Parcel 6157- 04-720271 (the “Property”) which is being reviewed for conditional Site Plan Approval by the Town of Wappinger Planning Board; and WHEREAS, the Owner has undertaken certain grading activities on the property without obtaining site plan approval from the Planning Board, but the Owner has since made application for the work; and WHEREAS, the Owner has delivered to the Town a cash Deposit of $25,000.00 as security for the restoration of the property and maintenance of erosion and sediment controls; and WHEREAS, the Owner has delivered to the Town a surety bond from THE SERVICE INSURANCE COMPANY, INC in the amount of $25,000.00 under Bond No. 8559N to replace the cash deposit as security for the restoration of the property and maintenance of erosion and sediment controls; and WHEREAS, the terms of the Undertaking and the bond authorize the Town of Wappinger to draw against the aforementioned Restoration 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 THE SERVICE INSURANCE COMPANY, INC in the amount of $25,000.00 under Bond No. 8559N (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 $25,000.00, 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: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Dated: Wappingers Falls, New York 5/28/2019 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK