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2010-0962010-96 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 February 22, 2010. 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 7:01 PM) Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Supervisor Colsey and seconded by Councilwoman Czarnecki. 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 formerly authorized the Town Attorney to pursue certain matters of unsatisfied escrow accounts through Resolution 2009-052; and WHEREAS, the escrow account for Blackwatch Development, account no. 99-5023-5013, has a negative balance in the amount of $7,137.30, plus the minimum escrow account balance of $5000, per Town Code, for a total balance due of $12,137.30; and WHEREAS, the Applicant has been provided with an updated invoice and supporting documentation in an effort to rectify the balances due, including a certified -return receipt notice, as originated by the Town Supervisor on February 3, 2010, copies of which have been forwarded to the Town Board in advance of this resolution. NOW, THEREFORE, BE IT 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 of Wappinger for escrow account no. 99-5023-5013 for 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 ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/22/2010 The Resolution is hereby duly declared adopted. JOHN C. MASTERSON, TOWN CLERK