2005-129 (2)RESOLUTION NO. 2005-I/
RESOLUTION AUTHORIZING EXECUTION
OF SETTLEMENT AGREEMENT WITH
ALAMO AMBULANCE SERVICE, 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 the 12th
day of September, 2005, at 7:30 P.M. at a duly called Executive Session of said meeting of the
Town Board, the following Resolution was adopted by the Town Board in Executive Session.
The Executive Session was called to order by Joseph Ruggiero, Supervisor, and upon roll
being called, the following were present:
PRESENT:
ABSENT:
Supervisor
Council Members
The following Resolution was introduced by
Ms. McCart
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
Mr. Paoloni
and seconded by
WHEREAS, the Town of Wappinger entered into an Ambulance Service Agreement
dated July 10, 2003 (hereinafter referred to as the "Agreement") by and between the Town of
Wappinger on behalf of the Wappinger Ambulance District and Alamo Ambulance Service, Inc.
(hereinafter referred to as "Alamo'); and
WHEREAS, pursuant to the Agreement, Alamo was to provide ambulance and
emergency medical services to the Wappinger Ambulance District; and
WWappinger\Town Board\RESOLUTIONSWIamo Settlement Agreement
WHEREAS, pursuant to the Resolution adopted in Executive Session on September 13,
2004, the Town Board terminated the Agreement dated July 10, 2003 between the Town of
Wappinger on behalf of the Wappinger Ambulance District and Alamo Ambulance Service, Inc.
for the reasons set forth and enunciated in Executive Session and authorized Supervisor Joseph
Ruggiero to provide Alamo written notification of Termination of the Agreement, which such
notification was duly provided; and
WHEREAS, the Agreement between Alamo and the Town of Wappinger for monthly
fees and capital expenditure fees with respect to the first response facilities located adjacent to
Town Hall could result in a claim of approximately $100,000.00 against the Town in addition to
other potential liabilities, the aforementioned Termination of Agreement and defenses of the
Town notwithstanding; and
WHEREAS, after extensive negotiation, counsel for Alamo has reluctantly offered to
settle any and all claims of any nature whatsoever against the Town for the sum of $20,000.
NOW, THEREFORE, BE IT RESOLVED, as follows:
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 any and all
potential claims by and on behalf of Alamo by executing a settlement agreement authorizing
satisfaction of all such claims now and hereafter alleged by Alamo by payment of the sum of
$20,000, and authorizes the Attorney to the Town, Albert P. Roberts, to prepare and have
executed all necessary stipulations and documents implementing such settlement.
0:\Wappinger\Town BoarMRESOLUTIONSWIamo Settlement Agreement
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
ROBERT L. VALDATI, Councilman
Voting
VINCENT F. BETTINA, Councilman
Voting
JOSEPH P. PAOLONI, Councilman
Voting
MAUREEN MCCARTHY, Councilwoman
Voting
Dated: Wappingers Falls, New York
September 12, 2005
Aye
Aye
Aye
The Resolution is hereby duly declared adopted.
ao g��
C. TERSON, TOWN CLERK
O:=appinger\Town Board\RESOLUTIONS\Alamo Settlement Agreement
t -
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
KAREN P. Mac NISH
299 N. PLANK ROAD, SUITE 106
ATTORNEYS AND COUNSELORS AT LAW
NEWBURGH, NY 12550
JAY B. RENFRO
1136 ROUTE 9
ANGEL I. FALCON
GERALD A. VERGILIS*
WAPPINGERS FALLS, NEW YORK 12590
LEGAL ASSISTANT:
KENNETH M. STENGER
(845) 298-2000
AMY E. DECARLO
ALBERT R ROBERTS
IN NY & FLA.
LOUIS J. VIGLOTTI
FAX (845) 298-2842
POUGHKEEPSIE OFFICE
JOAN F. GARRETT**
276 MAIN MALL
e-mail: info®vstp.com
POUGHKEEPSIE, NY 12601
THOMAS R. DAVIS
(845) 452-1046
EMANUEL F. SARIS
BYIIAND
September 9, 2005
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Gina Basile
Re: Resolution for September 12, 2005 Town Board Meeting
Dear Gina:
Enclosed please find the following Resolution for the Executive Session of the
September 12, 2005 Town Board Meeting:
• Resolution No. 2005- : Resolution Authorizing
Execution of Settlement Agreement with Alamo
Ambulance Service, Inc.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
J -
L F. SARIS
EA/kc
Enclosure
cc: Hon. John C. Masterson, Town Clerk
Town Board File — with copies
NEWBURGH OFFICE
KAREN P. Mac NISH
299 N. PLANK ROAD, SUITE 106
KEVIN T. MCDERMOTT
NEWBURGH, NY 12550
JAY B. RENFRO
(845) 567-3783
ANGEL I. FALCON
ANTHONY M. DEFAZIO
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
•ADMITIF.D TO PRACTICE
IN NY & FLA.
•*ADMITTED TO PRACTICE
IN NY & CONN.
BYIIAND
September 9, 2005
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Gina Basile
Re: Resolution for September 12, 2005 Town Board Meeting
Dear Gina:
Enclosed please find the following Resolution for the Executive Session of the
September 12, 2005 Town Board Meeting:
• Resolution No. 2005- : Resolution Authorizing
Execution of Settlement Agreement with Alamo
Ambulance Service, Inc.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
J -
L F. SARIS
EA/kc
Enclosure
cc: Hon. John C. Masterson, Town Clerk
Town Board File — with copies