2009-0522009-52
Resolution Authorizing Litigation Proceedings for Unsatisfied Escrow Balances
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
26, 2009.
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 (arrived at 7:02 PM)
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger maintains certain escrow accounts for the
reimbursement of professional review fees in review of any application presented to the Town
Board, the Planning Board, the Zoning Board of Appeals and Office of Code Enforcement; and
WHEREAS, the Town Board has directed the Town Accountant to provide oversight to
the escrow accounts and has appointed a part-time clerk to maintain the account records; and
WHEREAS, the Town Board authorized the refund of certain individual escrow
accounts throughout 2008, as supported with documentation attesting to account balances and
project status; and
WHEREAS, a copy of the escrow records were provided to the appointed auditing firm
in November 2008 for their review and analysis; and
WHEREAS, each Applicant has been provided with an updated invoice and supporting
documentation in an effort to rectify the balances due; and
WHEREAS, certain escrow accounts remain in arrears due to a failure of the Applicant
to rectify the balances due
THEREFORE, BE IT RESOLVED, that the Town Accountant and Town Supervisor
are authorized to commence a small claims collection proceeding in the name of the Town in the
Town of Wappinger Justice Court for any account in arrears to a maximum of Three Thousand
Dollars ( $3,000,00); and
BE IT FURTHER RESOLVED, that the Town Accountant and Town Supervisor are
authorized to commence a small claims collection proceeding in the name of the Town in the
City Court for the City of Beacon for any account to a maximum of Five Thousand Dollars
($5,000.00); and
BE IT FURTHER RESOLVED, that Albert Roberts, Esq., serving as the Attorney to
the Town of Wappinger, is authorized to commence a collection proceeding in the name of the
Town for any account in arrears greater than Five Thousand Dollars ($5,000.00) in any court of
competent jurisdiction.
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:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
1/26/2009
The Resolution is hereby duly declared adopted.
HN CMASTERSON, TOWN CLERK