2009-1562009-156
Resolution Authorizing Refund of Unused Escrow for Cervalis, LLC Site Plan (Account 00-3029)
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 April 13, 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
Maureen McCarthy
Joseph P. Paoloni
Vincent F. Bettina
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, on or about October 30, 2000, Cervalis, LLC (hereinafter the "Applicant") filed an
application for approval of a Site Plan under Application Number 00-3029; and
WHEREAS, on or about, October 30, 2000, the Applicant deposited Five Thousand Dollars and
00/100 ($5,000.00) 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, the application was approved and the Resolution of Site Plan Approval was signed
on February 9, 2001; and
WHEREAS, all professional fees incurred during the review of the application have been paid
and a balance of Two Thousand, Three Hundred Ninety -Four Dollars and 30/100 ($2,394.30) remains in
the escrow account and Applicant has requested a refund of said escrow balance;
WHEREAS, the Town Accountant has audited the escrow account and has 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 refund to Applicant in the total amount of Two
Thousand, Three Hundred Ninety -Four Dollars and 30/100 ($2,394.30) from escrow
account number 00-3029, representing the unused escrow balance for the above project.
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:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/13/2009
The Resolution is hereby duly declared adopted.
WHNMASTERSON, TOWN CLERK
M
Faxed to: 845-298-2842
March 27, 2009
Albert Roberts, Esq.
Vergilis, Stenger, Roberts & Davis, LLP
1136 Route 9
Wappingers Falls NY 12590
RE: Escrow Return Resolutions
1. Flying Arrow
2. Cervalis, LLC
3. JP Morgan Chase
Dear Mr. Roberts:
Attached find the paperwork to support the return of escrow for the aforementioned projects.
Please draft resolutions accordingly for the April 13, 2009 Town Board meeting.
You will note that the Town Accountant has verified the accounting for Flying Arrow and
Cervalis, but his signature is absent from JP Morgan Chase. The latter is missing simply as he
left the office, for the weekend, prior to his review.
Should there be an issue with the JP Morgan Chase issue, the resolution will be withdrawn.
you,
Christopher Colsey,
Town of Wappinger
TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Administrator Building Inspector
Office: 845-297-6257 Office: 845-297-6256
Fax: 845-297-0579 Fax: 845-297-0579
www.townotwappinger. Us
RELEASE OF ESCROW FUNDS
Date: March 25, 2009 Project Account Number: 00-3029
Name of Project: Cervalis. LLC
Grid Number: 6258-03-350303
Location: 155 Myers Comers Road
Date project received: October 30, 2000
Date final resolution signed by chairman: February 9. 2001
Total Escrow Deposited: $ 5.000.00
Balance remaining: $ 2.394.30 Date: March 26, 2009
Reason for escrow return:
&c Project completed with signed maps with the Planning Board / ZBA .
aProject withdrawn by applicant on (date)
❑Project ( 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:
Lai Sun CFO for Cervalis, LLC
Print Name Company
Barbara Roberti, PB Secretary:
Tatiana Lukianoff, Zoning Administrator: t /
Graham Foster, Highway Superintendent:
Robert Gray, Town Engineer:
Amount to be returned: $2,394.30
Verified:
Fredrick Awino,
Town Accountant
Date: `3
01
Mar 05 09 08:54a Town Wappinger Code Enfor
845-297-0579 p.2
TOWN OF WAPPINGER
COMPTROLLER'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
Tatiana Lukianoff, Zoning Administrator
Gulltiig L�Yaillil4iu
To W n of Wappinger
20 Middlebush Road
Wappingers Falls, NY, 12590
Tatiana -Lukianoff:
Ian. requesting the retvrn of the escrow balance for the
Application 9 00 in the amount of
X n6L
Signature
I Iq /0
Date Ike
SUPERVISDR
JOSEPH RUGGIERO
TOWN COLNCIL
VINCENT BETTINA
MAJREEN McCARTHY
.JOSEPH P. PAO'-ONI
ROBERT L. VALOATI
GERVALIS LLC
4 ARMSTRONG ROAD
ISHELT+ON CT 06484
Mar 05 09 08:54a Town Wappinger Code Enfor
TOWN OF WAPPINOERl NY
P,O. Box 324, Middlebush Road
Wappingers Falls, N.Y. 12590
PURCHASE ORDER & VOUCHER
r- v. , vt s , L' L C
CtAIMANTS
��.. NAME AND
ADDRESS
L J
845-297-0579 p.3
Pwchase
Order No.
DO NOT W)VTE 1N THIS BOX
Dais Voucher Received
QUANT1IIT'Y�IDESCRIPTION OF MATERIALS OR SERVICES
FUND - APPROPRIATION AMOUNT
AMOUNT
�.� r V C�� �✓t l� L
1
I
TOTAL z
ABSTRACT NO.
VENDOR'S
TERWS REF,ND.
DATES
QUANT1IIT'Y�IDESCRIPTION OF MATERIALS OR SERVICES
UNT PRICE
AMOUNT
�.� r V C�� �✓t l� L
502— `.
TOTAL
2 -
certify thN the above account in the amounl of S
s t ue and coned; that the items, services. and disbursements charged w to or for ths nkipatily on the dates stated: that no part has been paid a satlaaed: that lases. from which the
municipality i74*5A)
not included; and that the amount claimed' act due
A- 9 x - C�
'DATE SIGNATURE TITLE
(SPACE BELOW FOR MUNICIPAL USE)
DEPARTMENT APPROVAL ' APPROVAL FOR PAYMENT
The above services or materials were rendered or Ttus claim is approved paid rrorn the appropriations indicated above
furnished to the municipality on the dates stated and the
charges are correct
DATE AUTHORIZED OFFICIAL I DATE COMPTROLLER
CERVALIS, LLC
#00-3029
DEPOSIT
BILLING
YEAR
DATE
AMOUNT INSPECTION BILLING
AMOUNT BALANCE
2000
11/2/2000
$5,000.00 -ESCROW PMT.
$5,000.00
12/26/2000
' CLARK
$851.00'"
$4,149.00
12/27/2000
ROBERTS
$175.00 "
$3,974.00
12/28/2000
CLARK
$491.00/
$3,483.00
BALANCE
$3,483.00
2001
1/27/2001
PAGGI, MARTIN & DELBENE
$18.75
$3,464.25
1/27/2001
PAGGI, MARTIN & DELBENE
$18.75
$3,445.50
2/6/2001
ROBERTS
$137.50
$3,308.00
2/15/2001
CLARK
$781.20
$2,526.80
2/24/2001
PAGGI, MARTIN & DELBENE
$57.50
$2,469.30
3/7/2001
ROBERTS
$75.00 j
$2,394.30
BALANCE
$2,394.30