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2005-129 (2)RESOLUTION NO. 2005-I/ RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT WITH ALAMO AMBULANCE SERVICE, 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 the 12th day of September, 2005, at 7:30 P.M. at a duly called Executive Session of said meeting of the Town Board, the following Resolution was adopted by the Town Board in Executive Session. The Executive Session was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Council Members The following Resolution was introduced by Ms. McCart Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy Mr. Paoloni and seconded by WHEREAS, the Town of Wappinger entered into an Ambulance Service Agreement dated July 10, 2003 (hereinafter referred to as the "Agreement") by and between the Town of Wappinger on behalf of the Wappinger Ambulance District and Alamo Ambulance Service, Inc. (hereinafter referred to as "Alamo'); and WHEREAS, pursuant to the Agreement, Alamo was to provide ambulance and emergency medical services to the Wappinger Ambulance District; and WWappinger\Town Board\RESOLUTIONSWIamo Settlement Agreement WHEREAS, pursuant to the Resolution adopted in Executive Session on September 13, 2004, the Town Board terminated the Agreement dated July 10, 2003 between the Town of Wappinger on behalf of the Wappinger Ambulance District and Alamo Ambulance Service, Inc. for the reasons set forth and enunciated in Executive Session and authorized Supervisor Joseph Ruggiero to provide Alamo written notification of Termination of the Agreement, which such notification was duly provided; and WHEREAS, the Agreement between Alamo and the Town of Wappinger for monthly fees and capital expenditure fees with respect to the first response facilities located adjacent to Town Hall could result in a claim of approximately $100,000.00 against the Town in addition to other potential liabilities, the aforementioned Termination of Agreement and defenses of the Town notwithstanding; and WHEREAS, after extensive negotiation, counsel for Alamo has reluctantly offered to settle any and all claims of any nature whatsoever against the Town for the sum of $20,000. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby determines that it is in the best interests of the Town to settle any and all potential claims by and on behalf of Alamo by executing a settlement agreement authorizing satisfaction of all such claims now and hereafter alleged by Alamo by payment of the sum of $20,000, and authorizes the Attorney to the Town, Albert P. Roberts, to prepare and have executed all necessary stipulations and documents implementing such settlement. 0:\Wappinger\Town BoarMRESOLUTIONSWIamo Settlement Agreement 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 September 12, 2005 Aye Aye Aye The Resolution is hereby duly declared adopted. ao g�� C. TERSON, TOWN CLERK O:=appinger\Town Board\RESOLUTIONS\Alamo Settlement Agreement t - VERGILIS, STENGER, ROBERTS & PARTNERS, LLP KAREN P. Mac NISH 299 N. PLANK ROAD, SUITE 106 ATTORNEYS AND COUNSELORS AT LAW NEWBURGH, NY 12550 JAY B. RENFRO 1136 ROUTE 9 ANGEL I. FALCON GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 LEGAL ASSISTANT: KENNETH M. STENGER (845) 298-2000 AMY E. DECARLO ALBERT R ROBERTS IN NY & FLA. LOUIS J. VIGLOTTI FAX (845) 298-2842 POUGHKEEPSIE OFFICE JOAN F. GARRETT** 276 MAIN MALL e-mail: info®vstp.com POUGHKEEPSIE, NY 12601 THOMAS R. DAVIS (845) 452-1046 EMANUEL F. SARIS BYIIAND September 9, 2005 Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Gina Basile Re: Resolution for September 12, 2005 Town Board Meeting Dear Gina: Enclosed please find the following Resolution for the Executive Session of the September 12, 2005 Town Board Meeting: • Resolution No. 2005- : Resolution Authorizing Execution of Settlement Agreement with Alamo Ambulance Service, Inc. Very truly yours, VERGILIS, STENGER, ROBERTS & PARTNERS, LLP J - L F. SARIS EA/kc Enclosure cc: Hon. John C. Masterson, Town Clerk Town Board File — with copies NEWBURGH OFFICE KAREN P. Mac NISH 299 N. PLANK ROAD, SUITE 106 KEVIN T. MCDERMOTT NEWBURGH, NY 12550 JAY B. RENFRO (845) 567-3783 ANGEL I. FALCON ANTHONY M. DEFAZIO ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS •ADMITIF.D TO PRACTICE IN NY & FLA. •*ADMITTED TO PRACTICE IN NY & CONN. BYIIAND September 9, 2005 Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Gina Basile Re: Resolution for September 12, 2005 Town Board Meeting Dear Gina: Enclosed please find the following Resolution for the Executive Session of the September 12, 2005 Town Board Meeting: • Resolution No. 2005- : Resolution Authorizing Execution of Settlement Agreement with Alamo Ambulance Service, Inc. Very truly yours, VERGILIS, STENGER, ROBERTS & PARTNERS, LLP J - L F. SARIS EA/kc Enclosure cc: Hon. John C. Masterson, Town Clerk Town Board File — with copies