2022-101
2022-101
Resolution Approving Compromise And Settlement Of Claim Against Town For Damages
From Water Main Break
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 May 9,
2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2022-101
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Mover
The following Resolution was introduced by Casella and seconded by Councilman Beale.
WHEREAS, Jeremy and Rose Tullo are the owners of 10 Gabriella Road in the Town of
Wappinger; and
WHEREAS, on April 24, 2021, a water main owned and operated by the United Wappinger
Water District located within Gabriella Road broke cause flooding into the Tullos’s home which
resulted in damages to the home; and
WHEREAS, on June 21, 2021, the Tullo submitted a notice of claim to the Town requesting that
they be compensated for damages to their home that was not covered by their homeowners
insurance by reason of their deductible; and
WHEREAS, the operator of the United Wappinger Water District and the Town Attorney have
investigated the claim and recommend that the claim be settled and compromised in exchange
for a general release from the Tullos;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes a payment of
$4,427.82 from the funds of the United Wappinger Water District to Jeremy and Rose Tullo to
satisfy all outstanding claims in exchange for an executed general release from the Tullos; and
BE IT FURTHER RESOLVED that the Supervisor and the Attorney to the Town are authorized
to sign and prepare any necessary documents including general releases which are necessary to
effectuate the purposes of this resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
5/9/2022
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK