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2011-3022011-302 Resolution Authorizing Transfer of Escrow for MJD Enterprise from Account #10-6019 to Account #04-3082 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 Bettina and seconded by Councilwoman Czarniecki. WHEREAS, on or about February 2004, MJD Enterprises (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 04-3082; and WHEREAS, on or about June 2010, a post planning escrow account was opened under Application Number 10-6019PP, for post planning review for Site Plan Approval; and WHEREAS, the application review escrow Account #04-3082 is currently in arrears by Two Thousand, Two Hundred Ninety -Two Dollars and 20/100 (-$2,292.20); and WHEREAS, the post planning escrow Account #10-6019PP currently has a balance of One Thousand, Three Hundred Ninety -Five Dollars ($3,395.00); and WHEREAS, the Applicant wishes to withdraw the project and close out both of the aforesaid escrow accounts by transferring One Thousand, Three Hundred Ninety -Five Dollars ($1,395.00) from post planning escrow Account #10-6019PP to the application review escrow Account #04-3082, in addition to submitting a check in the amount of Eight Hundred Ninety - Seven Dollars and 20/100 ($897.20) to cover the additional arrears in Account #04-3082; and WHEREAS, the transfer from the post planning escrow Account #10-6019PP into the application review escrow Account #04-3082 and the additional check provided by the Applicant would leave a zero ($0.00) balance in both the application review escrow account and the post planning escrow account as of the date of this Resolution. 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 transfer of One Thousand, Three Hundred Ninety -Five Dollars ($1,395.00) from the application review escrow Account #10-6019PP into the post planning escrow Account #04-3082, in addition to accepting a check from the Applicant in the amount of Eight Hundred Ninety - Seven Dollars and 20/100 ($897.20) to cover the additional arrears in the application review escrow Account #04-3082, thereby leaving a zero ($0.00) balance in both escrow accounts. 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. J C. MASTERSON, TOWN CLERK