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2011-2432011-243 Resolution Authorizing Settlement Commenced by MJW Consulting, Inc., against Town of Fishkill, Town of LaGrange, Town of Wappinger, Town of East Fishkill, Town of Union Vale and City of Beacon 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 27, 2011. 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 Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, MJW Consulting, Inc. (hereafter "MJW"), commenced an action against the Town of Wappinger, as well as the Towns of Fishkill, LaGrange, East Fishkill, Union Vale and the City of Beacon, for sums allegedly due in connection with reassessment services provided to each of said municipalities, which reassessment services were provided pursuant to a certain Agreement executed by the above-mentioned municipalities and MJW; and WHEREAS, it is alleged that the collective municipalities owe MJW approximately Six Hundred Five Thousand, Seven Hundred Fifty -Five Dollars and Sixty -Six Cents ($605,755.66); and WHEREAS, the collective municipalities have agreed to settle the pending action for the total amount of Two Hundred Eighty Thousand Dollars ($280,000.00), of which the Town of Wappinger's share is Fifty -Four Thousand, Six Hundred Dollars ($54,600.00); and WHEREAS, the Town of Wappinger and the other municipalities have interposed certain counterclaims and defenses to the action: and WHEREAS, the Attorney to the Town, Albert P. Roberts, recommends the Town enter into this Settlement because the costs of successfully litigating the counterclaims and the continued costs of defending the matter any further would be extremely costly with no assurance that any recovery will exceed the cost of 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 Christopher J. Colsey, Supervisor, and Albert P. Roberts, Attorney to the Town, to settle the action commenced by the MJW Consulting, Inc., against the Town of Wappinger, el al. in the Supreme Court, Dutchess County, State of New York, bearing Index No. 2008/7860 for the sum of Fifty Four Thousand, Six Hundred Dollars ($54,600.00) in full satisfaction of all claims against the Town of Wappinger. 3. Payment of the sum of Fifty Four Thousand, Six Hundred Dollars ($54,600.00) shall be made on or before August 1, 2011. 4. Christopher J. Colsey, Supervisor, and Albert P. Roberts, Attorney to the Town, are hereby authorized to enter into a Stipulation of Discontinuance and execute any General Releases necessary to effectuate the settlement as herein set forth, together with such other documents as may be necessary to fully settle and resolve the matter. 5. The Town Accountant is hereby authorized and directed to issue a check in favor of MJW Consulting, Inc., or such entity as shall be designated by MJW Consulting, Inc., in the amount of Fifty Four Thousand, Six Hundred Dollars ($54,600.00), payable out of the HR TOWNWIDE REVALUATION CAPITAL FUND in full satisfaction of this matter. 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 ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/27/2011 The Resolution is hereby duly declared adopted. LUN C. MASTERSON, TOWN CLERK