2017-111 2017-111
Authorizing A Portion Of The Emergency Services Building To Be Leased To Emstar
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 12,
2017.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2017-111
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, the Town Board entered into an Ambulance Service Agreement with
Empire State Ambulance Corp. d/b/a EmStar on March 13, 2016 (hereinafter "EmStar"); and
WHEREAS, the Agreement between the Town and EmStar was for the purposes of
providing general ambulance services for all sick and/or injured persons found in the boundaries
of Town of Wappinger Town-wide Ambulance District; and
WHEREAS,pursuant to the Ambulance Service Agreement, EmStar is to secure a
leased premise within the Town of Wappinger and use same as its base of operations for the
performance of its duties; and
WHEREAS, the Town of Wappinger owns a building known as the Emergency Services
Building located at 16 Middlebush Road in the Town of Wappinger, a portion of which was
occupied by TC Hudson Valley, Inc. d/b/a TransCare (hereinafter "TransCare"), the ambulance
company that previously supplied ambulance services to the Town; and
WHEREAS, the Town of Wappinger has agreed to lease a portion of the Emergency
Services Building to EmStar in general accordance with the terms of the Draft Lease annexed
hereto; and
WHEREAS, it is the intention that the Lease Agreement will be co-terminus with the
Ambulance Service Agreement between the Town and EmStar and will provide for an annual
sum of$26,400, prorated from the commencement date, for the initial Lease term; all payments
are to be made by EmStar in equal monthly installments payable on the 1 st day of each and every
calendar month; and
WHEREAS, the Lease Agreement is a transfer of the lease to EmStar, where there will
be no material change in permit conditions or the scope of permitted activities for purposes of
SEQRA Review;
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 determines that entry into the Lease Agreement is a Type
II Action pursuant to 6 NYCRR §617.5(c)(26).
3. The Town Board hereby agrees to lease a portion of the Emergency Services
Building formerly occupied by TransCare to EmStar and will provide for an annual sum of
$26,400,prorated from the commencement date, for the initial Lease term; all payments are to be
made by EmStar in equal monthly installments payable on the 1 st day of each and every calendar
month.
4. The Town Board and EmStar both understand and agree that the Lease
Agreement and the Ambulance Service Agreement will be terminated and/or extended together
and remain co-terminus with each other.
5. Supervisor Lori A. Jiava is hereby authorized to execute the Lease Agreement on
behalf of the Town in substantially in the same form as annexed hereto.
6. This resolution is adopted subject to a Permissive Referendum in accordance with
the provisions of Article 7 of the Town Law.
7. Within ten days after the adoption of this resolution, the Town Clerk, in the same
manner as provided for notice of a special election, shall post and publish the attached notice
which shall set forth the date of the adoption of the resolution and contain an abstract of such
resolution concisely stating the purpose and effect thereof.
This resolution shall not take effect until thirty days after its adoption; nor until approved by the
affirmative vote of a majority of the qualified electors of such town or district affected, voting on
such proposition, if within thirty days after its adoption there be filed with the town clerk a
petition signed, and acknowledged or proved, or authenticated by electors of the town qualified
to vote upon a proposition to raise and expend money, in number equal to at least five per
centum of the total vote cast for governor in said town at the last general election held for the
election of state officers, but which shall not be less than one hundred in a town of the first class
nor less than twenty-five in a town of the second class, protesting against such act or resolution
and requesting that it be submitted to the qualified electors of the town or district affected, for
their approval or disapproval.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
6/12/2017
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK