2008-2392008-239
Resolution Authorizing Refund of Unused Escrow for Barger Family Trust (Account 06-
3120)
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 August
11, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (arrived at 7:07 PM)
Vincent F. Bettina (departed at 9:32 PM)
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Beale and seconded by
Supervisor Colsey.
WHEREAS, on or about July 6, 2005, BARGER FAMILY TRUST (hereinafter the
"APPLICANT") filed an application for approval of a Site Development Plan under Application
Number 05-4023 (hereinafter the "APPLICATION"); and
WHEREAS, on or about, June 22, 2005, the APPLICANT deposited Three Thousand,
Seven Hundred Fifty Dollars and 00/100 ($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 escrow deposits of Three Hundred Fifty -Five Dollars and 00/100
($355.00) and One Thousand, Six Hundred Twenty -Three Dollars and 10/100 ($1,623.10) were
made on March 8, 2006 and June 21, 2006, respectively; and
WHEREAS, the APPLICATION was approved and a Site Plan was signed on June 27,
2006; and
WHEREAS, all professional fees incurred during the review of the APPLICATION have
been paid and a balance of Seventy -Seven Dollars and 75/100 ($77.75) remains in the escrow
account and the APPLICANT has requested a refund of said escrow balance; and
WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the
Escrow Account Clerk have reviewed the application and the escrow account and have
determined that a refund is due to the APPLICANT.
NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of
Seventy -Seven Dollars and 75/100 ($77.75), shall be made to BARGER FAMILY TRUST
representing a refund of the remaining escrow balance for the APPLICATION.
0
The foregoing was put to a vote which resulted as follows:
14AW CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/11/2008
Cm
The Resolution is hereby duly declared adopted.
q-tehu'
HN C. MASTERSON, TOWN CLERK
Zoning Administrator
Office: 845-297-6257
Fax: 845-297-0579
www.townofwappinger. Us
,� 6�6 S - )
TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Supervisor Office
Building Inspector
Office: 845-297-6256
Fax: 845-297-0579
RELEASE OF ESCROW FUNDS
Date: July 16, 2008 Project Account Number: 06-3120
Name of Project: Barger Family Trust
Grid Number: 6259-03-424153
Location: New Hackensack Road
Start date of project: July 6 2005
Date of last PB / ZBA appearance: March 3 2006
Original Escrow Deposit: $__3,750.00 Date: 6-22-05 Receipt# 0911
Total deposits on account $5.728.10
Reason for escrow return:
JUL 16 2008
Received
XProject ( original escrow) completed with signed maps with the Planning Board / ZBA on
(date) June 27. 2006
nProject withdrawn by applicant on (date)
IIProject ( Post Planning Escrow) completed with CO issued by building department on
(date)
❑Road Escrow: Project completed on (date)
This project has been completed / withdrawn and the return of escrow has been
requested by:
Cindy Miller Trustee
Print Name Company
*Please note that this project has been verified as complete or withdrawn by the following as
applicable: J Z---) , /
Barbara Roberti, PB Secretary
Tatiana Lukianoff, Zoning Ad
George Kolb, Director of Codi
Graham Foster, Highway Sup(
Robert Gray, Town Engineer:
Amount to be returned is to be verified by the
Comptroller's Department.
COMPTROLLER
JEAN GALLUCCI
TOWN OF WAPPINGER
COMPTROLLER'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845)297-0060
FAX: (845) 297-7214
Tatiana Lukianoff, Zoning Administrator
Zoning Department
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Tatiana.'Lukianoff:
I am requesting the return of the escrow balance for the Barger Family Trust
Application # 06-3120 in the amount of $77.75
lr
Sign re/17 ! N��
Print .
Date
ri..r.rrrrrrr
SUPERVISOR
CHRISTOPHER J. COLSEY
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH R PAOLONI
TOWN OF WAPPINOLRo NY
P,O. Box 324, Middlebush Road
Wappingers Falls, N.Y. 12590
PURCHASE ORDER & VOUCHER
7Barger Family Trust
CLAIMANT'S c/o Barger Engineering
NAME AND PO BOX 1781
ADDRESS Wappinger Falls, NY 12590
Purchase
Order No.
nn unT WRITE IN THIS BOX
Data Voucher Received
FUND . APPROPRIATION AMOUNT
TOTAL 77 75
ABSTRACT NO,.
VENDOR'S
REFNO.
TERMS
DATES
7-7-08
QUANTITY DESCRIPTION OF MATERIALS OR SERVICES
Return of.Escrow:
Barger Family Trust
06-3120
UNIT PRICE
77
TOTAL
AMOUNT
5 77 75
$ 77.75
f 7du A Ce" that the abaft aeeount in the amount or s $77.75
is We and correct: that the items. services and dislwnaments cherped were rendered to a for the municipality on the dales staled: that no part has been paid or wgsMd: that taxes, from t
he
municipality is exempted, are not included: and that the amount claimedis �aactually due
/D o
/ + D x U SIGNATURE TITLE
(SPACE BELOW FOR MUNICIPAL USE)
DEPARTMENT APPROVAL
The above services or materials were rendered or
furnished to the municipality on the dates stated and the
charges are correct
DATE AUTHORIZED OFFICIAL
APPROVAL FOR PAYMENT
This claim is approved paid from the appropriations indicated above
DATE COMPTROLLER
2005
6/22/2005 APPL FEE
6/22/2005 ESCROW FEE
7/14/2005 ROBERTS-JUNE
8/9/2005 ROBERTS-JULY
8/2/2005 CLARK -JUNE
9/8/2005 CLARK -JULY
200
318/2006 ESCROW PMT
4/12/2006 ROBERTS-MAR
4/28/2006 PAGGI-APR
5/5/2006 ROBERTS-APR
5/1/2006 CLARK -MAR
5/24/2006 CLARK -APR
5/26/2006 PAGGI-MAY
6/21/2006 ESCROW PMT
6/9/2006 ROBERTS-MAY
6/23/2006 PAGGI-JUN
6/27/2006 CLARK -MAY
7/10/2006 ROBERTS-JUN
7/2912006 PAGGI-JUL
8/8/2006 ROBERTS-JUL
8/21/2006 CLARK -JUN
#06-3120 BARGER FAMILY TRUST
FEE'S ESCROW ESCROW ESCROW
REC'D REC'D CHARGES BALANCE
1344.20
9-28-06 CO to be issued today
Bal as of 12/31/06
Audit 4/2/07 JPG
3750.00
3750.00
60.00
3690.00
90.00
3600.00
222.20
3377.80
18.00
3359.80
3359.80
3359.80
355.00
3714.80
150.00
3564.80
372.50
3192.30
75.00
3117.30
220.00
2897.30
445.40
2451.90
325.00
2126.90
1623.10
3750.00
315.00
3435.00
443.75
2991.25
1718.00
1273.25
285.00
988.25
202.50
785.75
45.00
740.75
663.00
77.75
Closing on escrow to be 6 months from today.
BR
Barger & Miller
LICENSED
Engineering & Land Surveying
280 New Hackensack Road
P.O. Box 1781
Wappingers Falls, NY 12590
Phone (845) 463-6555
July 10, 2008" Fax # (845) 463-6922
.............................................................
Town Supervisor
Town of Wappinger
Town Hall
Middlebush Road
Wappingers Falls, New York 12590
RE: Barger Family Trust Office
Building - New Hackensack Road
Attn: Supervisor:
Dear Mr. Colsey:
°1-]LS�tll
JUL 1 1 2-008
ZONING ADMINIST8ATOA
TOWN or- WAPPD]GE 3
I enclose the final billing for a 1.0 acre site., my -office, located
at 280 New Hackensack Road and take great exception to the billings
of Frederick Clark. I paid into the escrow some 5728.10 dollars and
the office of Frederick Clark billed some $3286.70 for review fees,
which is absurd. Some two years after the job is completed we receive -
a final billing indicating a balance of some $77.75 dollars left in
the Escrow out of $5728.10. No account of what or how they arrived
at the figures they billed. Example the 6/27/06 billing of $1718.00
and the billing of 8/21/06 of $663.00
I have submitted numerous maps to the Planning Board for site plans
and/or subdivisions and find that all clients are being overbilled with
no recourse. It has been nearly two years since my office has been
constructed and only now I receive a copy of where and who utilized
the Escrow account. STILL NO EXPLANATION OF WHAT SERVICES THEY DID
FOR THE AMOUNTS CHARGED.
This office site consists of an office building, 30 x 40, a parking
lot for 7 cars and some landscapping.
cc: Town Planning Board
Town Zoning Administrator
Town Building Dept.
2005
6/22/2005 APPL FEE
6/22/2005 ESCROW FEE
7/14/2005 ROBERTS-JUNE
8/9/2005 ROBERTS-JULY
8/2/2005 CLARK -JUNE
9/8/2005 CLARK -JULY
#06-3120 BARGER FAMILY TRUST
FEE'S ESCROW
REC'D RECD
1344.20
3750.00
ESCROW ESCROW
CHARGES BALANCE
60.00
90.00
222.20
18.00
2006
3/8/2006 ESCROW PMT
355.00
4/12/2006 ROBERTS-MAR
150.00
4/28/2006 PAGGI-APR
372.50
5/5/2006 ROBERTS-APR
75.00
5/1/2006 CLARK -MAR
220.00
5/24/2006 CLARK -APR
445.40
5/26/2006 PAGGI-MAY
325.00
6/21/2006 ESCROW PMT
1623.10
6/9/2006 ROBERTS-MAY
315.00
6/23/2006 PAGGI-JUN
443.75
6/27/2006 CLARK -MAY
1718.00
7/10/2006 ROBERTS-JUN
285.00
7/23/2006 PAGGI-JUL
202.50
8/8/2006 ROBERTS-JUL
45.00
8/21/2006 CLARK -JUN
663.00
9-28-06 CO to be issued today.
Closing on escrow to be 6 months from today
Bal as of 12/31/06
Audit 4/2/07 JPG
3750.00
3690.00
3600.00
3377.80
3359.80
3359.80
3359.80
3714.80
3564.80
3192.30
3117.30
2897.30
2451.90
2126.90
3750.00
3435.00
2991.25
1273.25
988.25
785.75
740.75
77.75
BR
TOWN OF WAPPINGER
SUPERVISOR
CHRISTOPHER J. COLSEY
Faxed to: (845) 463-6922
August 2, 2008
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-2744
FAX: (845) 297-4558
Richard G. Barger
Barger & Miller Engineering & Land Surveying
280 New Hackensack Road
PO Box 1781
Wappingers Falls NY 12590
RE: Barger Family Trust Office
New Hackensack Road
Dear Mr. Barger:
Your letter of July 10, 2008 is acknowledged.
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
Under separate cover and prior to the issuance of this response, a copy of all of the invoices relative
to this project were mailed to your attention for review.
You note on an attachment to your letter that the expenses related to the review of your project by
Frederick Clark Associates is "a license to steal," and while you have a right to express your opinion
on the service provided and expense related thereto, you are addressing costs associated with
reviews completed in 2006. From my professional experience, it is recognized that the cost to review
Planning Board applications is related to circumstances of complexity, scope, frequency of
amendment and the quality of the supporting documentation and plans.
In the case of your project, I am not able to reasonably recreate all of the circumstances surrounding
your application.
It is recognized that there was a shortfall in supplying expense proofs to some developers in recent
years, and this matter is being actively rectified through an extensive process of internal
reconciliation and the appointment of an Account Clerk to oversee the escrow accounts.
A resolution is being prepared as of this writing in conjunction with your request for an escrow
refund. It is expected that such will be considered by the Town Board at the August 11, 2008
meeting.
Thank you.
Christopher Colsey, Supervisor
Town of Wappinger
Cc: Town Board
Planning Board
July 10, 2008
Town Supervisor
Town of Wappinger
Town Hail
Middlebush Road
Wappingers Falls,
Barger & Miller
LICENSED
Engineering & Land Surveying
280 New Hackensack Road
P.O. Box 1781
Wappingers Falls, NY 12590
Phone (845) 463-6555
Fax # (845) 463-6922
New York 12590
RE: Barger Family Trust Office
Building - New Hackensack Road
Attn: Supervisor:
Dear Mr. Colsey:
Supervisor Office
JUL 112008
Received
I enclose the final billing for a 1.0 acre site, my office, located
at 280 New Hackensack Road and take great exception to the billings
of Frederick Clark. I paid into the escrow some 5728.10 dollars and
the office of Frederick Clark billed some $3286.70 for review fees,
which is absurd. Some two years after the job is completed we receive -
a final billing indicating a balance of some $77.75 dollars left in
the Escrow out of $5728.10. No account of what or how they arrived
at the figures they billed. Example the 6/27/06 billing of $1718.00
and the billing of 8/21/06 of $663.00
I have submitted numerous maps to the Planning Board for site plans
and/or subdivisions and find that all clients are being overbilled with
no recourse. It has been nearly two years since my office has been
constructed and only now I receive a copy of where and who utilized
the Escrow account. STILL NO EXPLANATION OF WHAT SERVICES THEY DID
FOR THE AMOUNTS CHARGED.
This office site consists of an office building, 30 x 40, a parking
lot for 7 cars and some landscapping.
cc: Town Planning Board
Town Zoning Administrator
Town Building Dept.
6/22/2005 APPL FEE
6/22/2005 ESCROW FEE
7/14/2005 ROBERTS-JUNE
8/9/2005 ROBERTS-JULY
�- ` 8/2/2005 CLARK U E
8/2005 CLARK -JULY''
#06-3120 BARGER FAMILY TRUST
FEE'S ESCROW ESCROW ESCROW
RECD 1344.20 RECD CHARGES BALANCE
2006
3/8/2006 ESCROW PMT
4/12/2006 ROBERTS-MAR
4/28/2006 PAGGI-APR
5/2006 ROBERTS-APR
(5/1=CLARK-
5/24/2006
5/26/2006 PAGGI-MAY
6/21/2006 ESCROW PMT
6/9/2006 ROBERTS-MAY
6/23/2006 PAGGI-JUN
C 27/2006 CLARK -MA
7/10/2006 ROBERTS-JUN
7/29/2006 PAGGI-JUL
8/ 006 ROBERTS-JUL
6i MIR-;; CLARK- UJ �%
9-28-06 CO to be issued today
Bal as of 12/31/06
Audit 4/2/07 JPG
3750.00
3750.00
60.00
3690.00
90.00
3600.00
222.20
3377.80
.0
3359.80
3359.80
3359.80
355.00
3714.80
150.00
3564.80
372.50
3192.30
75.00
3117.30
220.00 2897.30
445.40
2451.90
325.00
2126.90
1623.10
3750.00
315.00
3435.00
443.75
2991.25
1718.00
1273.25
28.0
988.25
202.50
785.75
45.00.
740.75
663.00
77.75
Closing on escrow to be 6 months from today.
BR
.77 L)