2020-39
2020-39
Resolution Accepting Maintenance Bond For Sergeant Palmateer Way And Releasing Cash
Deposit Held As Surety
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 13, 2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being
called, the following was recorded:
Vote Record - Resolution RES-2020-39
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Beale and seconded by Councilman
Phillips.
WHEREAS, on November 13, 2019, the Town Board adopted Resolution 2019-208 which accepted a
relocated section of Sergeant Palmateer Way together with a highway construction guaranty in the form of a
bank check in the amount of $32,352.00 payable to the Town of Wappinger; and
WHEREAS, construction of the relocated section of Sergeant Palmateer Way has been satisfactorily
completed, deeds have been delivered to the Town and the highway has been opened for public use; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, the Developer is required to guarantee
that the highway is free from defects for a period of two years from the date of its acceptance so as to insure
that any defects in the highway of the type described in §214-76(B) shall be cured; and
WHEREAS, T.L.A. Realty, Inc. has tendered to the Town of Wappinger a Maintenance Bond issued by
Travelers Casualty and Surety Company of America to the Town of Wappinger in the amount of $32,352
and has requested that this bond be held to replace the cash deposit previously given to the Town to secure
its maintenance obligations; and
WHEREAS, T.L.A. Realty, Inc. has requested that the cash deposit of $32,352 be released from surety for
the road maintenance and credited toward the recreation fees due for the Old Hopewell Commons Site
Plan;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby accepts Maintenance Bond bearing Bond No. 107146312 issued by
Travelers Casualty and Surety Company of America to the Town of Wappinger in the amount of
Thirty-two Thousand Three Hundred Fifty-two & 00/100 ($32,352.00) as a highway construction
guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a
period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured.
2. The bank check in the amount of Thirty-two Thousand Three Hundred Fifty-two & 00/100
($32,352.00) shall be given to the Town Comptroller for deposit in the Recreation Trust Account
and credited against the recreation fees due for the Old Hopewell Commons project.
3. The Town Clerk is directed to file the bond for relocated Sergeant Palmateer Way in his records
until such time as it is released.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
1/13/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK