Loading...
2008-3452008-345 Resolution Authorizing Refund of Unused Escrow for Obercreek/Reese Property (Account 06-5121) 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 November 24, 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 Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, ALEX REESE (hereinafter the "APPLICANT") filed an application requesting that his property, known as "Obercreek", located on or near Route 9D, be studied in the Town's new Master Plan under Application Number 06-5121 (hereinafter the "APPLICATION"); and WHEREAS, on or about June 15, 2006, the APPLICANT deposited Fifty -Two Thousand, Five Hundred Dollars ($52,500.00) 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 Five Thousand, Eight Hundred Dollars ($5,800.00), Two Thousand, Five Hundred Dollars ($2,500.00) and Two Thousand, Four Hundred Fifty -Seven Dollars and 05/100 ($2,457.05) were made on December 12, 2007, March 6, 2008, and June 19, 2008, respectively; and WHEREAS, the APPLICATION has been withdrawn by the APPLICANT and a request by letter dated November 10, 2008, from Jennifer L. Van Tuyl, Esq. of Cuddy & Feder, LLP, the Applicant's attorney, has been received requesting that all amounts remaining in the escrow account be refunded to the APPLICANT, a copy of which is affixed hereto; and WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Forty -Six Thousand, Two Hundred Thirty -Eight Dollars and 40/100 ($46,238.40) remains in the escrow account; and WHEREAS, Supervisor, Christopher J. Colsey, and Town Accountant, Frederick Awino, have reviewed the APPLICATION and the escrow account and have determined that a refund is due to the APPLICANT. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a payment in the total amount of Forty -Six Thousand, Two Hundred Thirty -Eight Dollars and 40/100 ($46,238.40), shall be made to ALEX REESE representing a refund of the remaining escrow balance for the above referenced APPLICATION. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 11/24/2008 The Resolution is hereby duly declared adopted. 4HN4C'J�ASTECRSON, TOWN CLERK