2008-1242008-124
Resolution Approving Stipulation of Settlement with Respect to Inter -City Tire & Auto
Center, Inc.
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 April 14tH,
2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina (left at 9:01PM)
Maureen McCarthy
Joseph P. Paoloni
ABSENT:
WHEREAS, the Town Board has previously authorized enforcement proceedings to be
filed in the Town of Wappinger Justice Court against Inter -City Tire & Auto Center, Inc.,
seeking to cite the aforementioned Defendants for alleged violations of the Town of Wappinger
Code; and
WHEREAS, the Town Board also authorized the commencement of an action in the
�4w New York State Supreme Court to enjoin the alleged violations of the Town of Wappinger Code
by the aforementioned Defendants; and
WHEREAS, said litigation was commenced by two separate actions in the New York
State Supreme Court under the caption Town of Wappinger v. Inter -City Tire, et al. Index No.
2123/2005 and Index No. 3443/2006; and
WHEREAS, the above matters (Justice Court proceedings and Supreme Court
proceedings) are hereinafter referred to as the "Actions"; and
WHEREAS, after substantial litigation, the Attorney to the Town has negotiated a
proposed settlement of the Actions with the Defendants which settlement will bring the site into
compliance with the Town of Wappinger Code; and
WHEREAS, the terms of the settlement are set forth in a Settlement Agreement,
Stipulation and Order of Supreme Court, a copy of which is attached hereto, made part hereof,
marked and designated Exhibit "1", hereinafter referred to as the "Settlement Agreement"; and
WHEREAS, the Town Board determines that it is in the best interest of the residents of
the Town of Wappinger to settle the Actions in accordance with the above referenced Settlement
Agreement.
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 determines that it is in the best interest of the residents of the
Town of Wappinger to settle the Actions in accordance with the terms of the Settlement
Agreement, in the form attached hereto as Exhibit "1 ".
3. Supervisor Christopher J. Colsey is authorized to execute and deliver the
Settlement Agreement on behalf of the Town as well as any other documents that are required to
�kw effectuate the Settlement Agreement, including the submission of same to be "So Ordered" by
the Hon. James V. Brands, Justice of the Supreme Court.
4. Supervisor Christopher J. Colsey and Attorney to the Town, Albert P. Roberts, or
his partner, Gerald A. Vergilis, are further authorized and directed to take whatever steps are
reasonable and necessary to implement the provisions of this Resolution and the Settlement
Agreement above referenced.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/14/2008
e
The Resolution is hereby duly declared adopted.
ju
C. A ERSON, TOWN CLERK