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2012-057 2012-57 Resolution Authorizing Refund of Unused Escrow for BVM Builders, Inc. Site Plan (Account 07-3136) 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 January 23,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale (Arrived at 7:32) Ismay Czarniecki Michael Kuzmicz Vincent F. Bettina ABSENT: The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, on or about April 12, 2007, John Mirabilio as President ofBVM Builders, Inc. (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 07-3136; and WHEREAS, on or about April 12, 2007, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) 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 One Thousand, Seven Hundred Ninety-Five and 75/100 Dollars ($1,795.75), Three Thousand, Two Hundred Sixty Dollars ($3,260.00), Five Thousand, Eight Hundred Eleven and 10/100 Dollars ($5,811.10), Three Thousand Thirty Dollars ($3,030.00), One Thousand Seven Hundred Seventy-Nine 20/100 Dollars ($1,779.20), and Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) were respectively made on August 21,2007, August 8, 2008, January 9, 2009, November 5,2009, January 19,2010, and June 10,2011; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on September 28, 2011; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Thousand, Six Hundred Seventy-One and 20/1 00 Dollars ($1,671.20) remains in escrow account number 07-3136 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 amount of One Thousand, Six Hundred Seventy-One and 20/100 Dollars ($1,671.20) from escrow account number 07-3136, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE ABSENT AYE AYE Dated: Wappingers Falls, New York 1/23/2012 The Resolution is hereby duly declared adopted. LJ~LU:ir;~ CHRISTINE FULTON, TOWN CLERK