2004-093RESOLUTION NO. 2004-093
RESOLUTION TO EMPLOY ATTORNEY ON A CONTINGENCY BASIS
TO RECOVER FOR DAMAGES RESULTING
FROM GROUNDWATER CONTAMINATES
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 9`l' day
of February, 2004, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Council Members
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by R. Valdati and seconded by
J. Paoloni
WHEREAS, there have been petro -chemical (gasoline) spills on three (3) locations in
the vicinity of the intersection of U.S. Route 9 and Old Hopewell Road; and
WHEREAS, the groundwater in that vicinity has been contaminated by methyl -tertiary
butyl -ether (MTBE), tributyl alcohol (TBA) and possibly other contaminants; and
WHEREAS, traces of MTBE have been found in the water supply serving the
Wappinger Park Water District; and
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WHEREAS, the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. have
experience and demonstrate a proficiency in litigating claims and/or actions for damages in
consequence of contamination of groundwater; and
WHEREAS, the Town Board wishes to employ the firms of Weitz & Luxenberg, P.C.
and Baron & Budd., P.C. to prosecute claims on behalf of the Town of Wappinger 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 with the attached Retainer
Agreement.
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 elects to hire the firms of Weitz & Luxenberg, P.C. and
Baron & Budd., P.C. to prosecute any and all claims deemed appropriate for damages caused by
contamination of the Town's groundwater by MTBE, TBA and other pollutants in accordance
with the attached Retainer Agreement submitted by Weitz & Luxenberg, P.C. and Baron &
Budd., P.C.
3. Supervisor Joseph Ruggiero is hereby authorized by the Town Board to execute
the Retainer Agreement by and on behalf of the Town Board.
4. The Town's professionals, specifically the Town Attorney, the Town Engineer
and.tke Town Planner, are hereby authorized to cooperate with WeitZ & Luxenberg, P.C. and
Baron & Budd., P.C. and to provide them with all necessary information, evidence or assistance
required by Weitz & Luxenberg, P.C. and Baron & Budd., P.C. deemed necessary to prosecute
these claims.
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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
February 9, 2004
aye
aye
aye
aye
aye
The Resolution is hereby duly declared adopted.
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