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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 1 O:\Wappinger\Town Board\RESOLUTION\Agway-Commence Litigation.doc 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. 2 O:\Wappinger\Town Board\RESOLUTIONWgway-Commence Litigabon.doc 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. 3 O:\Wappinger\Town Board\RESOLUTION\Agway-Commence Litigation.doc