2012-206
2012-206
Resolution Accepting a Reduction in Bond Amount and Accepting a Performance
Agreement Secured by Cash Bond for the Silver Fox Estates Subdivision
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 July 9,
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
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, the Town of Wappinger Planning Board received an application from Chris
Sallecito for a subdivision of lands more particularly described in a Subdivision Plat entitled
Silver Fox Estates, prepared by Lawrence J. Paggi, P.E., last dated September 21,2011; and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Approval by Resolution dated June 4, 2012, subject to and conditioned upon
completion of the conditions set forth in the aforementioned Resolution, and subject to certain
public improvements being made and constructed within said subdivision, and subject to
completion of the requirements set forth in the Town Subdivision Regulations, Highway
Specifications, Zoning Code and Rules and Regulations of the Town as set forth in the letter
from Morris Associates, engineer to the Town, dated June 18,2012 together with the Schedule of
Bond Values; and
WHEREAS, the Engineer to the Town, in the letter from Morris Associates dated June
18,2012 determined that the initial recommended bond amount of$428,163.75 be reduced to
$130,000 based on work completed at the site; and
WHEREAS, Town Law ~277 requires a developer of a proposed subdivision to
guarantee the construction, installation, and dedication of the improvements required by the
Resolution of Subdivision Approval, prior to issuance of any building permits; and
WHEREAS, Scott L. Volkman, special counsel to the Town, has reviewed, examined
and approved the Performance Agreement and Bond and attendant Security.
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 Performance Agreement and Bond executed on July 9, 2012 by John Goetz,
individually and as a member of Mid-Hudson Holdings, LLC as Obligors in favor
of the Town of Wappinger, is hereby accepted as the guaranty of the completion
of the instruction, installation, implementation and dedication of the
improvements required by the Resolution of Subdivision Plat Approval dated
June 4,2012, and pursuant to Town Law ~277.
3. The bank check issued by Rhinebeck Savings Band dated July 9 2012 and bearing
Check No. 6164602 and drawn in favor of Wappinger, in the sum of $ 130,000,
securing the obligations set forth in the Resolution of Subdivision Plat Approval
dated June 4, 2012 (the "Security"), is hereby accepted as Security for the
Performance Agreement and Bond.
4. The original Performance Agreement and Bond executed on July 9, 2012, is
directed to be placed on file with the Town Clerk.
5. The Security is directed to be deposited in an account for the purposes of holding
same for the purposes set forth in the Performance Agreement and Bond, in
accordance with the procedures of the Town of Wappinger.
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
AYE
AYE
AYE
Dated: Wappingers Falls, New York
7/9/2012
The Resolution is hereby duly declared adopted.
~U:Q/
CHRISTINE F ON, TOWN CLERK