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2021-52 2021-52 Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Hudson Valley Lighting 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 March 8, 2021. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2021-52 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Voter      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Mover     Withdrawn  Al Casella Seconder     The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, Jaleli, LLC (“Applicant” and “Owner”) is the owner of a 67-area parcel of real property located at 151 Airport Drive in the Town of Wappinger designated as Tax Parcel 6259-02- 841673 (the “Property”), which is being reviewed for Site Plan and Wetland Permit Approvals by the Town of Wappinger Planning Board; and WHEREAS, the Applicant/Owner has made a request to allow for limited tree clearing and grading on the Property, prior to the signing of the Final Site Plan, in order to have the trees cut within the allowable season to avoid impacts to Indiana Bats; and WHEREAS, the Applicant/Owner has agreed to deliver to the Town a Cash Deposit in the form of a Bank Check(s) in the amount of $7,200.00 as security for the restoration of the property in the event that Final Approval is not granted; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Cash Deposit in the event the Applicant/Owner does not receive Final Approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Cash Deposit in the form of a Bank Check(s) in the amount of $7,200.00 is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Cash Deposit in the total sum of $7,200.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 3/8/2021 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK