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3. The Town Board hereby determines that he enactment of the
aforementioned Local Law is a Type II action as defined in 6 NYCRR
617.5 CD(20) and, accordingly, the Town Board hereby expressly
determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Quality
Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or
pursuant to 6 NYCRR Part 617.
4. The Town Board hereby schedules a Public Hearing on the Proposed
Adoption of Local Law No. _ of the Year 2005 to be held at Town
Hall, 20 Middlebush Road, Wappingers Falls, New York on the 5+h day
of July, 2005, at 7:30 p.m., and the Town Clerk is directed to post the
Notice of the Public Hearing in the form annexed hereto and to publish
same in the Southern Dutchess News and Poughkeepsie Journal as
required by law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
This Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-082
RESOLUTION AUTHORIZING THE SUBSTITUTION OF A NEW
PERFORMANCE AGREEMENT SECURED BY LETTER OF CREDIT
IN CONNECTION WITH THE BLACKWATCH FARM SUBDIVISION
The following Resolution was introduced by Councilman Valdati and
seconded by Councilwoman McCarthy.
WHEREAS, the Town of Wappinger Planning Board granted final conditional
subdivision approval, by Resolution dated May 3, 2004, subject to and
conditioned upon completion of the conditions set forth in the aforementioned
Resolution and subject to certain improvements being made and constructed
as set forth in the aforesaid Subdivision Map and related drawings, all in
accordance with the Town of Wappinger Subdivision Regulations, Zoning
Code, Highway Specifications, and Rules and Regulation of the Town, and
further subject to the requirements set forth in the letter of Paggi, Martin
and DelBene, Engineers to the Town, dated March 31, 2004, together with
the Schedule of Bond Values; and
WHEREAS, the Town Board of the Town of Wappinger has previously
accepted a Performance Agreement Secured by A Cash Deposit posted by
Robert V. Oswald, Jr., and other parties, in the amount $705,685.00 made by
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bank checks payable to the Town of Wappinger as security for the obligations
set forth in the Performance Agreement executed by Robert V. Oswald, Jr.,
which checks have been delivered to and deposited by the Town of Wappinger
Comptroller; and
WHEREAS, Robert V. Oswald, Jr. has transferred all of his right, title and
interest into the aforementioned subdivision known as the Blackwatch Farm
Subdivision to Blackwatch Development LLC; and
WHEREAS, Blackwatch Development LLC proposes to substitute the
Performance Agreement and security posted by Robert V. Oswald, Jr. with a
new Performance Agreement Executed by Blackwatch Development LLC,
and personally guaranteed by John O'Donnell, individually, and James
Cherico, individually, secured by a Letter of Credit issued by M&T Bank
bearing Letter of Credit No. SB -907772-2000; and
WHEREAS, the form of the Letter of Credit has been approved by Albert P.
Roberts, Attorney to the Town, subject to one correction which Blackwatch
Development LLC has agreed to secure.
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 of the Town of Wappinger hereby authorizes the
Lsubstitution of a Performance Agreement executed by Blackwatch
Development LLC and personally guaranteed by John O'Donnell,
individually and James Cherico individually, secured by a Letter of
Credit to be issued by M&T Bank in the amount of $705,685.00 as
replacement for the Performance Agreement and Cash Deposit
previously posted by Robert V. Oswald, Jr. in connection with the
Blackwatch Farm Subdivision, subject to the Letter of Credit being
amended to include the following phrase:
"This Letter of Credit is issued to guarantee the obligations
set forth in a "Substitute Performance Agreement Secured
by Letter of Credit" executed by Blackwatch Development LLC
simultaneously herewith."
3. Upon adoption of this Resolution and upon receipt of the Amended
Letter of Credit as above identified, the Town Supervisor is hereby
Lauthorized to release the cash deposit in the sum of $705,685.00 to Robert V.
Oswald, Jr.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
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Joseph Paoloni, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
This Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-088
RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION
REQUIRED BY THE NEW YORK STATE LIQUOR AUTHORITY
The following Resolution was introduced by Councilman McCarthy and
seconded by Councilman Bettina.
WHEREAS, GAB Food Services Incorporated d/b/a Lilliana's Italian
Restaurant has purchased the restaurant know as the Woronock House
located at 1639 Route 376, Wappingers Falls, New York; and
WHEREAS, GAB has applied for a liquor license; and
WHEREAS, GAB has requested that the Town waive the 30 -day notification
required by the New York State Liquor Authority in an effort to expedite the
granting of a liquor license to GAB; and
WHEREAS, Joseph Ruggiero authorized the Town Clerk to notify the New
York State Liquor Authority that he Town has waived the 30 —day
notification period before the license is issued to GAB.
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 confirms and ratifies the action taken by
Supervisor Joseph Ruggiero and Deputy Town Clerk Florence Hannon
notifying the New York State Liquor Authority that the Town waives
the 30 -day notification period before a liquor license is issued to GAB
Food Services.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Joseph Paoloni, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
This Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-084
RESOLUTION AUTHORIZING BUDGET AMENDMENTS
The following Resolution was introduced by Councilwoman McCarthy and
seconded by Councilman Valdati.
Whereas, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger,
has recommended certain budget transfers hereby amending the Town
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