2011-2432011-243
Resolution Authorizing Settlement Commenced by MJW Consulting, Inc., against Town of
Fishkill, Town of LaGrange, Town of Wappinger, Town of East Fishkill, Town of Union
Vale and City of Beacon
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 27,
2011.
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
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, MJW Consulting, Inc. (hereafter "MJW"), commenced an action against
the Town of Wappinger, as well as the Towns of Fishkill, LaGrange, East Fishkill, Union Vale
and the City of Beacon, for sums allegedly due in connection with reassessment services
provided to each of said municipalities, which reassessment services were provided pursuant to a
certain Agreement executed by the above-mentioned municipalities and MJW; and
WHEREAS, it is alleged that the collective municipalities owe MJW approximately Six
Hundred Five Thousand, Seven Hundred Fifty -Five Dollars and Sixty -Six Cents ($605,755.66);
and
WHEREAS, the collective municipalities have agreed to settle the pending action for the
total amount of Two Hundred Eighty Thousand Dollars ($280,000.00), of which the Town of
Wappinger's share is Fifty -Four Thousand, Six Hundred Dollars ($54,600.00); and
WHEREAS, the Town of Wappinger and the other municipalities have interposed
certain counterclaims and defenses to the action: and
WHEREAS, the Attorney to the Town, Albert P. Roberts, recommends the Town enter
into this Settlement because the costs of successfully litigating the counterclaims and the
continued costs of defending the matter any further would be extremely costly with no assurance
that any recovery will exceed the cost of litigation.
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 authorizes Christopher J. Colsey, Supervisor, and Albert
P. Roberts, Attorney to the Town, to settle the action commenced by the MJW
Consulting, Inc., against the Town of Wappinger, el al. in the Supreme Court,
Dutchess County, State of New York, bearing Index No. 2008/7860 for the sum
of Fifty Four Thousand, Six Hundred Dollars ($54,600.00) in full satisfaction of
all claims against the Town of Wappinger.
3. Payment of the sum of Fifty Four Thousand, Six Hundred Dollars ($54,600.00)
shall be made on or before August 1, 2011.
4. Christopher J. Colsey, Supervisor, and Albert P. Roberts, Attorney to the Town,
are hereby authorized to enter into a Stipulation of Discontinuance and execute
any General Releases necessary to effectuate the settlement as herein set forth,
together with such other documents as may be necessary to fully settle and
resolve the matter.
5. The Town Accountant is hereby authorized and directed to issue a check in favor
of MJW Consulting, Inc., or such entity as shall be designated by MJW
Consulting, Inc., in the amount of Fifty Four Thousand, Six Hundred Dollars
($54,600.00), payable out of the HR TOWNWIDE REVALUATION CAPITAL
FUND in full satisfaction of this matter.
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
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
6/27/2011
The Resolution is hereby duly declared adopted.
LUN C. MASTERSON, TOWN CLERK