562.2008
RESOLUTION AUTHORIZING SETTLEMENT BETWEEN TOWN OF
QUEENSBURY AND MACCHIO ENTITIES
RESOLUTION NO.: 562, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, by Resolution No.: 354,2006, the Queensbury Town Board authorized
engagement of Dreyer Boyajian LLP as special counsel in connection with issues concerning Ralph
Macchio, Stranahan Industries and French Mountain properties, and
WHEREAS, Dreyer Boyajian LLP, on behalf of the Town of Queensbury, has negotiated an
agreement for purposes of settlement with French Mountain Bear Pond, LLC, Bear Pond Trail, LLC,
Bear Pond Ranch, LLC, South Bay Realty, LLC, Steven Macchio and Ralph Macchio (Macchio
Entities), and
WHEREAS, Dreyer Boyajian LLP has recommended and requested Town Board
authorization to settle this matter on the negotiated terms, thereby avoiding further litigation, trial
and expense, and
WHEREAS, a proposed Settlement Agreement and General Release has been presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs Dreyer
Boyajian LLP, attorneys representing the Town of Queensbury, to settle the matter between the Town
and French Mountain Bear Pond, LLC, Bear Pond Trail, LLC, Bear Pond Ranch, LLC, South Bay
Realty, LLC, Steven Macchio and Ralph Macchio (Macchio Entities), in accordance with the
Settlement Agreement and General Release substantially in the form presented at this meeting and
authorizes and directs the Town Supervisor to sign such document, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Dreyer Boyajian LLP to sign any other settlement documents and take any action
necessary to settle this matter and effectuate the terms of this Resolution.
st
Duly adopted this 1 day of December, 2008, by the following vote:
AYES: Mr. Montesi, Mr. Brewer, Mr. Stec
NOES: Mr. Strough, Mr. Metivier
ABSENT: None