2009-2972009-297
Resolution to Approve Settlement with Exxon Mobil
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 October
26, 2009.
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 (arrived at 6:03 PM)
Vincent F. Bettina
Maureen McCarthy (arrived at 7:12 PM)
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Paoloni.
WHEREAS, traces of methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and
other contaminants have been found in certain wells in the public water supply serving the
United Wappinger Water District; and
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 in accordance;
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 has negotiated proposed
settlement of the Action against the following Defendant:
EXXONMOBIL (hereinafter "SETTLING DEFENDANT"); and
WHEREAS, the action continues against other Defendants; and
WHEREAS, Special Counsel has provided the Town Board and the Attorney to the
Town a Settlement Agreement and a Release and Indemnity Agreement for their review and
consideration, the terms of which are confidential until a final settlement is reached; and
WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that
the terms of the Settlement Documents are fair and reasonable and should be accepted; and
WHEREAS, the Attorney to the Town appeared at a duly called Executive Session on
this date and discussed the Settlement Documents with the Town Board; and
WHEREAS, the Town Board determines that it is in the best interest of the residents of
the Town of Wappinger to settle the Action against the SETTLING DEFENDANT in
accordance with the terms of the Settlement Documents.
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 the actions it has taken in Executive Session
this evening and hereby determines that it is in the best interests of the Town to
settle with the above noted SETTLING DEFENDANT and hereby authorizes the
Supervisor, on behalf of the Town of Wappinger, to execute the Settlement
Agreement and the Release and Indemnity Agreement that were negotiated by
Special Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of
which has been reviewed and approved by the Town Board.
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
10/26/2009
The Resolution is hereby duly declared adopted.
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HN C. MASTERSON, TOWN CLERK