2008-1922008-192
Resolution Authorizing Addendum to Legal Services Agreement with MTBE Litigation
Special Counsel
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 June 9 I
2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy (arrived at 7:52 PM)
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal
services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special
Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town
in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of
groundwater because of contamination of MTBE, TBA and other contaminates; and
WHEREAS, said litigation was commenced against numerous Defendants in the United
States District Court for the Southern District of New York under the caption In re Methyl
Tertiary Butyl Ether ("MTBE") Products Liability Litigation, Master File No. 1:00-1898 MDL
1358 (SAS), M21-88 (hereinafter the "Action"); and
WHEREAS, after substantial litigation, Special Counsel negotiated a settlement of the
Action with many of the Defendants in said Action, and the action continues against other
Defendants, including Exxon/Mobil; and
WHEREAS, the Town Board authorized the settlement of the MTBE Litigation which
resulted in a Settlement Agreement, that provides for substantial payments to the Town as well
as an agreement from the Settling Defendants to provide further treatment of Town wells if
future contamination is discovered. (hereinafter "the Treatment Protocol"); and
WHEREAS, the current Legal Services Agreement (hereinafter "LSA") with Special
Counsel provided that they would be compensated for the present value of the Treatment
Protocol as part of its fee; and
WHEREAS, the Town and Special Counsel agree to amend the LSA so that
compensation is due to Special Counsel only if future benefit is derived by the Town from the
Treatment Protocol.
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 amend the Legal Services Agreement with Weitz &
Luxenberg, P.C. and Baron & Budd., P.C.
3. Supervisor Christopher Colsey is authorized, on behalf of the Town of
Wappinger, to execute and deliver the Addendum to the Legal Services
Agreement that is substantially in conformance with the copy attached hereto as
Exhibit A.
4. The Supervisor and Attorney to the Town, Albert P. Roberts, are further
authorized and directed to take whatever steps are reasonable and necessary to
implement the provisions of this Resolution.
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:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/9/2008
The Resolution is hereby duly declared adopted.
JOHN C. MASTERSON, TOWN CLERK