2008-1042008-104
Resolution to Approve Settlement
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 March
24th, 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
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA)
and have been found in the public water supply serving the United Wappinger Water District;
and
likw WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal
services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special
Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town
in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of
groundwater because of contamination of MTBE, TBA and other contaminates in accordance;
and
WHEREAS, said litigation was commenced against numerous Defendants in the United
States District Court for the Southern District of New York under the caption In re Methyl
Tertiary Butyl Ether ("MTBE') Products Liability Litigation, Master File No. 1:00-1898 MDL
1358 (SAS), M21-88 (hereinafter the "Action"); and
WHEREAS, after substantial litigation, Special Counsel has negotiated a proposed
settlement of the Action with many of the Defendants in said Action, and the action continues
against other Defendants, including Exxon/Mobil; and
WHEREAS, Special Counsel has provided the Town Board and the Attorney to the
Town: the Settlement Agreement, a Release and Indemnity Agreement, a Treatment Protocol and
an Escrow Agreement (the "Settlement Documents") for their review and consideration; and
WHEREAS, Special Counsel and the Attorney to the Town have appeared at this
executive session and discussed the Settlement Documents with the Town Board; and
WHEREAS, the Town Board determines that it is in the best interest of the residents of
the residents of the Town of Wappinger to settle the Action in accordance with the terms of the
Settlement Agreement.
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.
err 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 with
certain Defendants and by authorizing the execution of a 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:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
3/24/2008
The Resolution is hereby duly declared adopted.
qL0- IF 'I PAA -
HN C. QA STERSON, TOWN CLERK