2011-0532011-53
Resolution Authorizing Settlement in Third Party Action Commenced by the City of
Newburgh Against the Town of Wappinger as Third -Party Defendant
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 January
24, 2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived 6:34 PM)
Vincent F. Bettina (arrived 6:34 PM)
Ismay Czarniecki
Joseph P. Paoloni (departed 10:00 PM)
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Supervisor Colsey.
WHEREAS, the United States of America commenced an action in the United States
District Court for the Southern District of New York against the City of Newburgh and other
parties in connection with claims arising out of the Consolidated Iron Super Fund Site in
Newburgh, New York; and
WHEREAS, the City of Newburgh, as Third Party Plaintiff, has commenced an action
against the Town of Wappinger and other parties as Third Party Defendants; and
WHEREAS, the City of Newburgh, through its attorneys, Wagstaff & Cartmell, LLP,
has offered a proposal to settle all claims against the Town of Wappinger for the sum of Ten
Thousand, Four Hundred Fifty Dollars ($10,450.00); and
WHEREAS, the Attorney for the Town, Albert P. Roberts, Esq., recommends that the
Town enter into this settlement because the costs of defending the matter any further would cost
more than any potential further savings.
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 Christopher J. Colsey, Supervisor, and Albert
P. Roberts, Attorney to the Town, to settle the action commenced by the City of
Newburgh, et al., against the Town of Wappinger in the United States District
Court for the Southern District of New York bearing CIVIL ACTION NO. 08 -
CIV. 7378 (SCR), for the sum of Ten Thousand, Four Hundred Fifty Dollars
($10,450.00) in full satisfaction of all claims against the Town of Wappinger as
set forth in the Settlement Agreement.
3. Christopher J. Colsey, Supervisor, Albert P. Roberts, Attorney to the Town, are
hereby authorized to enter into the Settlement Agreement in substantially the
same form as attached hereto, together with such other documents as may be
necessary to fully settle and resolve all claims against the Town of Wappinger as
set forth in the Settlement Agreement.
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:
ABSENT
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
1/24/2011
The Resolution is hereby duly declared adopted.
4JHN C. MA TERSON, TOWN CLERK