2005-045RESOLUTION NO. 2005- 45
RESOLUTION AUTHORIZING LITIGATION AGAINST
AGWAY ENERGY PRODUCTS
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 28th
day of March, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor -
Council Members
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Mr. Bettina and seconded by
Ms. McCarthy
WHEREAS, the Town of Wappinger Highway Department has its underground storage
tank filled with gasoline, cleaned and maintained by Agway Energy Products; and
WHEREAS, New York State passed legislation effective as of January 1, 2004 banning
the use of MTBE in gasoline; and
WHEREAS, this New York State legislation caused Agway, as well as all other gasoline
providers to reformulate their gasoline; and
WHEREAS, the Town. of Wappinger was not provided with a product advisory prior to
the delivery of reformulated gasoline; and
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WHEREAS, on or about December 12, 2003, Agway Energy Products delivered the
gasoline containing new additives; and
WHEREAS, following the delivery on or about December 12, 2003, water emulsified in
the tank plugging the screens and filters in the fuel pump of the tank and eventually plugged the
filters in the Highway Department's vehicles; and
WHEREAS, the above-referenced problems were caused by Agway Energy Products'
failure to properly check and remove water from the Town's storage tank before the
reformulated gasoline was added to the storage tank; and
WHEREAS, the above-referenced problems forced the Town to incur and expend
$6,182.45 for removal of the contaminated fuel, cleaning the pump's strainer, installation of new
filters, filter housing, nozzle and other required parts, and redelivery of a full tank of gasoline;
and
WHEREAS, the Town through its Supervisor, Highway Superintendent, attorney and
other representatives has made numerous attempts to resolve the aforesaid problems with
Agway Energy Products to no avail; and
WHEREAS, the Town Board hereby determines that Agway Energy Products has failed
to resolve the aforesaid problems and hereby authorizes the Attorney to the Town, Albert P.
Roberts, to take all steps necessary to commence litigation proceedings against Agway Energy
Products for the reimbursement of the $6,182.45 necessitated and expended by the Town as
aforestated.
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.
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2. Town Supervisor, Joseph Ruggiero, Attorney to the Town, Albert P. Roberts,
Esq., and Highway Superintendent, Graham Foster, are hereby authorized to take all legal action
necessary to commence litigation proceedings against Agway Energy Products for the
reimbursement of the $6,182.45 in removing the contaminated fuel, cleaning the pump's strainer,
installation of new filters, filter housing, nozzle and other required parts and redelivery of a full
tank of gasoline.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
MAUREEN MCCARTHY, Councilwoman
Voting
Aye
Dated: Wappingers Falls, New York
March 28, 2005
The Resolution is hereby duly declared adopted.
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