2010-2952010-295
Resolution Authorizing the Commencement of Litigation to Collect Outstanding Escrow
Account Fees
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
September 27, 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
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Supervisor Colsey.
WHEREAS, the Meadowood Subdivision project was the subject of an application
submitted to the Town of Wappinger Planning Board for subdivision and/or site plan approval;
and
WHEREAS, as part of the review process and pursuant to Town Code, the Town of
Wappinger provided professional consultant review of such applications, which were intended
to be funded by an escrow account to be established by a Developer; and
WHEREAS, the Developer did not maintain sufficient funds in the escrow account to
pay the fees incurred by the Town of Wappinger with respect to the above -referenced project;
and
WHEREAS, the Town of Wappinger demanded payment of the past due escrow amount,
which has been refused; and
WHEREAS, the Developer was justly indebted to the Town of Wappinger for the
professional consultant services provided on behalf of the above -referenced project
NOW, THEREFORE, BE IT RESOLVED, as follows:
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 Gellert & Klein, P.C., as special counsel to
the Town of Wappinger, to initiate and commence an action and prosecute to its
conclusion an action for the collection of the past due escrow charges as set forth
above against Meadowood Industries, LLC, Meadowood Industries Inc.,
Meadowood Development Corp., Meadowood Investment Corp., Steven Domber
and/or any other related or necessary party, in the Supreme Court of Dutchess
County or any other such Court of competent jurisdiction.
Gellert & Klein, P.C., as special counsel shall be paid in accordance with the
Retainer Agreement presently in place between Town of Wappinger and Gellert
& Klein, P.C.
4. The Town Supervisor being and is hereby authorized to execute on behalf of the
Town any documents necessary for the commencement of said action.
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
9/27/2010
The Resolution is hereby duly declared adopted.
J N C. MASTERSON, TOWN CLERK