2011-3012011-301
Resolution Authorizing Refund of Unused Escrow for United Rental Site Plan (Accounts
08-3149/4034 & 10-6018PP)
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 August
22, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara A. Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, on or about January 31, 2008, Phil Shuluk, on behalf of United Rental, Inc.
(hereinafter the "Applicant"), filed an application for Site Plan Approval under Application
Number 08-3149/4034; and
WHEREAS, on or about January 2, 2008, the Applicant deposited Seven Thousand, Five
Hundred Dollars ($7,500.00) 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 deposits in the amounts of Five Thousand, Seven Hundred
Thirteen Dollars and 35/100 ($5,713.35) and Three Thousand, Two Hundred Thirty -One Dollars
and 70/100 ($3,231.70) were respectively made on March 16, 2009, and September 1, 2009; and
WHEREAS, the application was approved and the Resolution of Approval was signed
by the Planning Board Chairman on March 2, 2009; and
WHEREAS, on April 14, 2010, a post planning review escrow Account, #10-6018PP,
was opened by transferring the amount of Three Thousand, Five Hundred Dollars ($3,500.00)
from application review escrow Account #08-3149/4034; and
WHEREAS, there was no further review of the application because the Applicant went
out of business; and
WHEREAS, all professional fees incurred during the review of the applications have
been paid and a balance of Four Hundred Seventy -Eight Dollars and 11/100 ($478.11) remains
in escrow Account #08-3149/4034, and a balance of Three Thousand, Five Hundred Dollars
($3,500.00) remains in escrow Account #10-6018PP, and Applicant has requested a refund of
said unused escrow balances; and
WHEREAS, the Town Accountant has audited the escrow account and has verified the
amount 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 the Applicant in the total amount
of Three Thousand, Nine Hundred Seventy -Eight Dollars and 11/100 ($3,978.11)
from escrow Accounts #08-3149/4034 and 10-6018PP, representing the unused
escrow balances for the above project.
The foregoing was put to a vote which resulted as follows:
BARBARA A. GUTZLER, 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
8/22/2011
The Resolution is hereby duly declared adopted.
JkD
lc�.M'l A kTE;RSON, TOWN CLERK