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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