2008-3212008-321
Resolution Authorizing the Town Attorney to Interpose an Answer and Counterclaims in
the Action Commenced Against the Town by MJW Consulting, 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
November 10, 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 7:06 PM)
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, MJW Consulting, Inc. has commenced an action in Supreme Court, State of
New York, County of Dutchess, against the Town of Wappinger as well as the Towns of
Fishkill, LaGrange, East Fishkill, Union Vale and the City of Beacon; and
WHEREAS, Supervisor Christopher J. Colsey has directed Albert P. Roberts, Attorney
to the Town, and a member of the law firm of Vergilis, Stenger, Roberts & Davis, LLP, to
defend the action and interpose any defenses and counter -claims deemed appropriate against
MJW Consulting, Inc.; and
WHEREAS, the Town Board has reviewed the Summons and Complaint; and
WHEREAS, the Town Board disputes all of the allegations made by MJW Consulting,
Inc.; and
WHEREAS, the Town Board believes that several meritorious defenses exist to the
action and that valid and enforceable causes of action exist by the Town against MJW
Consulting, Inc.; and
WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of
the Town of Wappinger to vigorously defend its interests in this action by having its attorney,
Albert P. Roberts and/or any attorney in the firm of, Vergilis, Stenger, Roberts & Davis, LLP,
interpose an Answer and any applicable defenses and counter -claims against MJW Consulting,
Inc., and otherwise provide such legal services as are necessary to appropriately defend the Town
in this action and to assert any appropriate actions for recovery of any losses incurred by the
Town by virtue of the failure of MJW Consulting, Inc. to fulfill the terms, covenants and
conditions of a certain agreement dated November, 2004, by and between MJW Consulting, Inc.
and the Town of Wappinger; and
WHEREAS, the Town Board further acknowledges that the Town of Wappinger entered
into the agreement with MJW Consulting, Inc., pursuant to a municipal cooperation agreement
establishing the Southern Dutchess County Reassessment Consortium for the Southern Dutchess
Consortium Group for the purposes of conducting a municipal/wide reassessment of real
property valuations within the constituent municipalities; and
WHEREAS, Albert P. Roberts, attorney to the Town of Wappinger, is also attorney to
the Town of Union Vale, one of the constituent members of the above referenced Reassessment
Consortium, and the Town Board acknowledges that Albert P. Roberts, and/or the firm of
Vergilis, Stenger, Roberts & Davis, LLP, will also be representing the interests of the Town of
Union Vale in this 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 Albert P. Roberts and/or any attorney in the
firm of, Vergilis, Stenger, Roberts & Davis, LLP, to vigorously defend this action on behalf of
the Town of Wappinger and to interpose an Answer and any defenses as well as any and all
applicable counter -claims against MJW Consulting, Inc. in furtherance of defending the Town's
interests in this action, as well as to seek recovery for any losses or injury the Town of
Wappinger has incurred by the failure of MJW Consulting, Inc. to fulfill its duties and
obligations pursuant to the agreement dated November, 2004, between MJW Consulting, Inc.
and the Town of Wappinger.
3. Albert P. Roberts and/or the firm of Vergilis, Stenger, Roberts & Davis, LLP shall
be paid in accordance with the retainer agreement presently in place between the Town of
Wappinger and Albert P. Roberts.
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
11/10/2008
The Resolution is hereby duly declared adopted.
VQ�._. I
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HN C. MASTERSON, TOWN CLERK