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2011-2552011-255 Resolution Authorizing the Supervisor and/or the Attorney to the Town to Enter into an Extension of the Memorandum of Understanding in Connection with Potential Litigation Involving PETNY 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 July 11, 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 (Departed 7:40 PM) Councilmembers - William H. Beale Ismay Czarniecki Joseph P. Paoloni ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Beale. WHEREAS, the Workers' Compensation Board (WCB) has assumed the responsibility for the administration and distribution of assets of Public Entity Trust of New York (PETNY), a municipal group self insurance trust in which the Town of Wappinger was formerly a constituent member; and WHEREAS, the WCB and several former members of PETNY previously executed a Memorandum of Understanding (MOU) that tolled the applicable statute of limitations for any lawsuit and provided a mechanism to obtain discovery from the WCB; and WHEREAS, the WCB has failed to provide all of the requested discovery and the parties have agreed to extend the MOU for up to one year; and WHEREAS, the extension of the MOU gives the Town a two month moratorium on the payments to support the operations of PETNY NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members have read the MOU Extension Agreement and understand the provisions thereof. 3. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey, or Attorney to the Town, Albert P. Roberts, to execute the MOU by and on behalf of the Town in substantially the form attached hereto. 4. The Town Board further authorizes the Town Attorney, Albert P. Roberts, to negotiate any amendments to the MOU deemed necessary to preserve the Town's rights to bring an appropriate action to challenging the methodology adopted by the WCB. 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 7/11/2011 The Resolution is hereby duly declared adopted. J, —QC 05HN C. MASTERSON, TOWN CLERK RIDER TO MEMORANDUM OF UNDERSTANDING This Rider to the Memorandum of Understanding (Rider) is between the Workers Compensation Board (Board) and those certain former members of the Public Entity Trust of New York (PETNY) who have previously executed a Memorandum of Understanding agreement (MOU) with the Board. WHEREAS, the Board and the Former PETNY Members wish to extend the MOU signed by the former PETNY Members on August 18, 2010 pursuant to paragraph 6 of the MOU; and WHEREAS, both the Board and the Former PETNY Members wish to extend the MOU and all of its original terms, conditions, obligations and duties subject to the modifications and changes contained in this Rider. NOW THEREFORE, in consideration of this Rider and for other good and valuable consideration, receipt of which is hereby acknowledged, the Former PETNY Members and the Board hereby agree as follows: 1. MOU Agreement. All of the original terms, conditions, obligations and duties of the respective parties to the MOU signed by the Former PETNY Members on August 18, 2010, will remain in full force and effect during the duration of this Rider except for those terms, conditions, obligations and duties which are specifically modified or changed below. In the event there is a conflict in the provisions of the MOU and the Rider, the terms of this Rider will control. 2. Tolling of Limitations Periods. The time period during which the MOU and this Rider are in effect, plus 45 days, commencing, for each Former PETNY Member on the date it executed the MOU, shall not be included, asserted, or relied upon in any way in computing the running of the time under any applicable statute of limitations, or by way of laches, in defense of any administrative and/or civil action brought by the Board or its agents against the Former PETNY Members or brought by Former PETNY Members against the Board, including, but not limited to, actions arising under Article 78 of the CPLR. Nothing in the MOU or this Rider shall have the effect of reviving any claims which were barred by the passage of time or the statute of limitations as of the execution date hereof. For purposes of seeking collection of any assessments, or challenging the methodology employed by the WCB or the amounts assessed to a particular member, the parties agree the decision of the WCB at issue was finalized for purposes of a potential Article 78 challenge on May 11, 2010. For purposes of the Tolling of Limitations Period only, the parties agree that there was no lapse in the tolling period between the expiration of the MOU and the execution of the Rider regardless of the date the Rider is executed by the parties. 3. Terms of the Rider. This Rider shall expire on May 31, 2012 unless either party terminates the agreement pursuant to Paragraph 7 of the MOU or renews the agreement pursuant to Paragraph 6 of the MOU. Monthly payments due hereunder in accordance with Attachment A to the MOU shall be made on the 1St of each month for a period of twelve (12) months beginning on June 1, 2011, through and including May 1, 2012. IN WITNESS WHEREOF, the parties have caused this agreement to be signed and intend to be legally bound hereby, as of June 1, 2011. Dated: 2011 Dated: On Behalf of Former PETNY Member Albert P. Roberts, Esq. Attorney for Town of Wappinger Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-5771 Attorney for the Board Kenneth J. Munnelly, Esq. General Counsel Workers' Compensation Board 20 Park Street Albany, New York 12207 (518) 486-9564 2011