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Carnwath-Oil Tanks Heating SystemT OWN SUPERVISOR Christopher J. Colsey SECRETARY Inez Maldonado 20 MIDDLEBUSH IWAD WAPPINURS FAH.,S, NY 12590 WWW,'r0WN0I`1N'AFI1l1VG1:IUJS (845) 297-4158 - Main (845) 297-2744 - Direct (845) 2)7-4555— Fax "VEM FAXED TO: 343-4986 & 454-9705 March 17, 2010 Fellenzer Engineering LLP 22 Mulberry Street Middletown NY 10940 RE: Town of Wappinger Underground Storage Tank Removal Carnwath Farms Park Dear Mr. Fellenzer: TOWN BOARD William 1-1. Beale Vincent l3eltina Ismay Czarniecki Joseph P. llaoloni TOWN CLERK Chris Masterson HIGHWAY SUPERINTENDENT Graham Foster AECEIVEL MAR 17 2010 Approximately seven years, your firm oversaw the replacement of an underground storage tank at Carnwath Farms Park in the Town of Wappinger. In a recent compliance review, it was found that the DEC does not have record of the completion of the removal of the 10,000 gallon UST. Kindly check your records to see if the completion report was filed, and if so, please send a copy to my attention. Thank you, Christopher Colney, Supervisor Town of Wappinger Cc- Town Clerk TOWN OF WAPPINGER Executive Order No. 2003-4 WHEREAS, the Town of Wappinger recently purchased a 99 acre estate property located on Wheeler Hill Road in the Town of Wappinger, commonly known as the "Greystone Estate", also known as "Camwath Farms" pursuant to Resolution No. 2003-144 adopted at a Town Board meeting held on May 27, 2003; and WHEREAS, one of the primary structures on the property is the "Carnwath Mansion", a three story mansion constructed in the mid -1800s which is listed on the State and Federal Registrar of Historical Places; and WHEREAS, the Town has planned the long term rehabilitation of the Carnwath Mansion and has applied for grants to fund its restoration; and WHEREAS, in March 2003 the Town of Wappinger was notified by the New York State Department of Environmental Conservation (DEC) that it was required to re -register a 10,000 gallon underground storage tank (UST) buried adjacent to the Camwath Mansion that serves the dormitory and chapel; and WHEREAS, the 10,000 gallon UST was subjected to a leak detection test as part of the DEC registration process; and WHEREAS, the Engineer to the Town facilitated the bidding process for the testing and certification of the 10,000 gallon UST; and WHEREAS, the 10,000 gallon UST failed the leak detection test and consequently could not be certified or registered according to DEC requirements; and WHEREAS, the DEC was consequently notified that the 10,000 gallon UST failed the leak detection test; and WHEREAS, the Town of Wappinger facilitated the temporary excavation and removal of blacktop and soil to expose the UST in preparation for retesting and remediation of the 10,000 gallon UST in accordance with law; and WHEREAS, the excavation and exposure of the UST revealed the presence of excessive groundwater which precluded further testing and remediation; and WHEREAS, the excavation and exposure of the UST further revealed that it was manufactured in 1957 and has exceeded its useful life; and WHEREAS, the Town of Wappinger wishes to take all necessary measures to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations governing the 10,000 gallon UST; and O:IWAPPINGE1Town Board\Carnwath Oil Tanks�Executive Order.doc WHEREAS, the Engineer to the Town, the Superintendent of Highways, and associated Engineering consultants of Fellenzer Engineering have recommended to the Town Supervisor that interim emergency measures be performed to remove as much fuel oil as possible from the 10,000 gallon UST and otherwise remove any and all contaminated soil and materials, including related remediation, to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations associated with a UST that failed a leak detection test; and WHEREAS, the Engineer to the Town, the Superintendent of Highways, and associated Engineering consultants of Fellenzer Engineering have recommended to the Town Supervisor that an additional 3,000 gallon fuel storage tank partially buried within the basement of Carnwath Mansion also be subjected to all necessary and prudent steps to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations; and WHEREAS, as part of the emergency measures, it is necessary to temporarily install a 275 gallon aboveground fuel oil tank in the Carnwath Mansion to provide heat and hot water to its residents. THEREFORE, I, JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF WAPPINGER, under the powers granted to me by the State of New York in Article 2-B §24 of Executive Law, do hereby declare that a State of Emergency exists in the Town of Wappinger with respect to the building known as the Carnwath Mansion located at the Greystone Estate and that immediate measures are required to: (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion in the interim by temporarily installing a 275 gallon aboveground fuel oil tank, all in order to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations. AND PURSUANT TO EXECUTIVE LAW, I, JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF WAPPINGER, issue the following Executive Order: I . The recitations above set forth are incorporated in this Executive Order as if fully set forth and adopted herein. 2. The following Town Officers and/or employees and/or professionals are hereby directed to take whatever steps are needed and to coordinate whatever repair work is required to (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion: Fire Inspector, Building Inspector, Town Clerk, Superintendent of Highways, Engineer to Town, Bond Counsel and Attorney to Town. 3. The Town of Wappinger Procurement Policy is hereby suspended for the purposes of making such interim emergency repairs, purchases and expenditures to address all potential violations associated with (1) the 10,000 gallon UST leak detection test failure, (2) the O:IWAPPINGE\Town BoardlCarnwath Oil TankslExecutive Order.doc 3,000 gallon fuel oil tank located within the basement of Can-twath Mansion, and (3) installing a temporary 275 gallon aboveground fuel oil tank to provide the residents of Carnwath Mansion with heat and hot water in accordance with the plans and specifications prepared by the Engineer to the Town and approved consultants. 4. Town of Wappinger Bond Counsel Thomas Rothman is hereby directed to prepare of Bond Resolution in the amount of $200,000 to secure funds to cover all costs associated with this Emergency Executive Order as well as removing and upgrading the 10,000 gallon UST, including related mitigation, providing both temporary and permanent heat and hot water to the residents of Carnwath Mansion as well as to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations in accordance with DEC requirements. 5. This Executive Order is effective immediately, and shall remain in effect for a period of five days or until rescinded or extended as circumstances dictate. 'L ON. JPSEPH RUGGIEROISupervisor own of Wappinger 0AWAPPNGETown Board\Carnwath Oil TankskExecutive Ordercloo f� RESOLUTION NO. 2004-057 RESOLUTION AUTHORIZING CHANGE ORDER 4 FOR FUEL OIL TANK AT CARNWATH FARMS 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 12th day of January, 2004, 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 - Councilmembers- ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Mr. Bettina by Mr. Paol.oni and seconded WHEREAS, the Engineers to the Town, Fellenzer Engineering have approved a Change Order for the Camwath Farms Fuel Oil Tank as per a letter dated January 2, 2004, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above'set forth ate incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves a change order dated December 15, 2003 for the Carnwath Farms Fuel Oil Tank between the Town and L&O Mechanical Contractors in the amount of Two Hundred, Thirty-five and 001100 ($235.00) for the reasons set forth in the letter dated January 2, 2004 from Eric Fellenzer of Fellenzer Engineering to the Town Board. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting -Aye-- ROBERT L. VALDATI, Councilmember Voting Aye - VINCENT F. BETTINA, Councihnember Voting Aye JOSEPH P. PAOLONI, Councilmember Voting 41-_ MAUREEN MCCARTHY, Councilmember Voting -A5:o Dated: Wappingers Falls, New York January 12, 2004 The Resolution is hereby duly declared adopted. FELLENZER NGINEERINGLLP ® Middletown Offi ce: 22 Mulberry Street, Suite 2A Middletown., NY 10940 Tel.: (845) 343-1481 Fax: (845) 343-4986 ❑ Pouglzkeepsie Office.- 25 ce:25 Market Street, Suite 501 Pouglzkeepsie, NY 12601 Tel.: (845) 454-9704 Fax: (845) 454-9705 Consulting Engineers ❑ Port Jervis Office: 32 Front Street Port Jervis, NY 12771 TeL (845) 856-3600 Fax: (845) 856-3734 "'llw.fellp.com Professional Engi.n.eels fe afellp.com Lie. NY,NJ,PA,CT-M,4,R1, YT,FL January 2, 2004 Town of Wappingers 20 Middlebush Road Wappingers, NY 12580 Attn: Gerald Terwilliger, Town Comptroller Re: Change Order #4 — Unit Pricing Waste Disposal Fuel Oil Tank Replacement Greystone, Carnwath Estates FE Project No. 03-339 Dear Mr. Terwilliger: RECEIVED JAN 0 5 2004 TOWN OF. WAPp FFICE NGER Please find enclosed application for payment #4 from the contractor, Daren A. Oswald of L & O Mechanical. Be advised there is a change order in the amount of $234.00 for disposal of contaminated water and sludge based on the quantity and -nit prices provided in the contract documents. Final closeout is complete, pending documentation. We ask that the Town Board at this time approve the above -referenced change order #4 for $234.00. Should you have any questions, please advise. Sincerely, ` _..4 `., fE, Eric D. Fellenzer, P.E. Senior Engineer EDF/en-d-i Enc. Change order #4 cc: Joseph Ruggiero, Supervisor 768 Breaks Ave. Rochester, NY 14619 ATE:12/15/03 INVOICE TO: TOWWAP01 General Petral.m n Contractor - (585 ) 436.4620 l 800.494.72-67 1 -'ax: (585) 436.4059 MechaiiictaTtojztra:d ois INVOICE .: 10062 TERMS: 0 SHIP TO: Alt' A/P TOWN OF WAPPINCER ERIC FELLENZER TOWN HALL-FELLENZER ENGINEERING, LLP 20 NI.DDL£BUSH ROAD 22 MULBERRY STREET VAPPINGER FALLS 'NY 12590 'MIDDLETOWN NY 10940 ORDER DATE: 12/15/03 DATE SHIPPED: 12/15/03 OUST. ORDER: SHIPPED VIA: FAX/MAIL SALESPERSON: DDO JOB NUMBER: 04092 TOWN OF WAPPINGER: Fuel oil tank replacement QUANTITY ITEM DESCRIPTION UNIT UNIT -PRICE TOTAL 1 Change order 44: tank bottom 222.300 222.30 liquid disposal, SEE ATTACHED TAX-EKEMPT We appreciate your business! Thanks for working with L&O1 NODI -TAXABLE 222.30 * * TOTAL DUE 222.30 121Wt3 L & 0 Mechanical Contractors APPLICATION AND CERTIFICATE FOR PAYMENT OUR JOB:' 04092 .TOWN OF WAPPINGER:fuel oil tank replacement TO (OWNER): Town of Wappinger 20 Middlebush Rd. E'appinger Falls, NY 12590 FROM (CONTRACTOR): 1 1 0 Mechanical Contractors 76B Brooks Avenue PROJECT: TOWN OF WAPPINGER:fuel oil tank replacement VIA (ARCHITECT): Fellenzez Engineering Rochester, NY 14619 22 Mulberry St. Middletown NY 10940 CONTRACT FOR: Fuel Oil Tank Replacement CONTRACTOR'S APPLICATION FOR PAYMENT *** CHANGE ORDER SUMMARY *** Change Orders approved in this billing C.O:f DATE DESCRIPTION C040 12/15/03 Tank bottom liquid disposal TOTAL CURRENT. CHANGE ORDERS Change Orders approved in prey. months by. Owner Net change by Change Orders IB0626 REV 5.21 PAGE 1 OF APPLICATION NO: 04 Distribution to: OWNER ARCHITECT PERIOD TO: 12/15/03 CONTRACTOR ARCHITECT'S _ PROJECT NO: CONTRACT DATE: 10/17/03 Application is made for payment, as shown below, in connection with the Contract. ADD/DED Continuation Sheet, is attached. 234.00 1. ORIGINAL CONTRACT SUM ..............$ 2. Net change by Change Orders ........$ 3. CONTRACT SUM TO DATE ...............$ 4. TOTAL COMPLETED & STORED TO DATE...$ 5. RETAINAGE: a. 5.0 % of Completed Aork.... $ b. .0 % of Stored Material ... $ Total Retainage .....................$ 6. TOTAL EARNED LESS RETAINAGE ........$ 7. LESS PREVIOUS CERTIFICATES FOR PMT.$ 8. BALANCE To FINISH, PLUS RETAINAGE..$ 9. CURRENT PAYMENT DUE ................$ 234.00 7145.00 7379.00 111,300.DO ?,379.00 118,679.00 118.,679.00 5,933.95 .00 5,933.95 112,745.05 112,522.73 5,933.95 222.30 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been -completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the OHner, and that current payment shown herein is now due. -� STATE: �[%�� COUNTY OF CONTRACTOR: L & 0 Mechanical Contractors Subscribed and sworn before me this 15-r� day of a oQ 3 rr��77 Notary Public: 8Y; DATE: �Z��t�-� My Commission Expires: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data c rising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to the payment of the AMOUNT CERTIFIED. JOELENE L. OSWALD AMOUNT CERTIFIED .................. $ Z 22,1 3 0 Notary Public, State of New York (Attach explanation if amount certified differs from the amount applied for.) Qualified in Wayne County � Commission Expires Sept. 8, 20 G' ARCHITE -: Fellenz r�ineering cZ 13ti 0 3BY: � DATE:This Certificate Iis nogotiab e. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. L & C Mechanical Contractors IB0626 REV 5.21 PAGE 2 OF CONTINUATION SHEET OUR'JOB: 04092 TOWN OF WAPPI14GER:fuel oil tank replacement APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: G4 Contractor's signed Certification is attached. APPLICATION DATE: 12/15/03 In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: 12/15/03 Use Column I on Contracts where variable retainage for the line items may apply. ARCHITECT'S PROJECT'NO: A B C D E F G H I --- WORK COMPLETED --- MATERIALS COMPLETE SCHEDULED PREVIOUS THIS PRESENTLY & STORED BALANCE ITEM DESCRIPTION OF WORK VALUE APPLICATION PERIOD STORED TO DATE o TO FINISH $ RETAINAGE fD+E) NOT(D or E) (D+E+F) (G/C) (C -G) (I/G1 1 MOBILIZATION 3,000 3,000 0 0 3,000 100.0 0 5.0 1.50 10 BONDS 3,500 3,500 0 0 3,500 100.0 0 '5.0 175 2 SHORING/INSTALL TANK 50,800 50,800 0 0 50,800 100.0 0 5.0 2,540 3 PRODUCT PIPING 10,0.00 10,000 0 0 10,000 100.0 0 5.0 500 4 TANK GAUGING 8,000 -8,000 0 0 8,000 100.0 0 5.0 400 5 TIE IN NEW PRODUCT LINES 51000 5,000 0 0 5,000 1DO.0 0 5.0 250 6 IDK TANK REMOVAL 7,000 7,000 0 0 7,000 100.0 0 5.0 350 7 3K TANK REMOVAL 11,500 11,500 0 0 11,500 100.0 0 5.0 575 8 CONCRETE/ASPHALT REPLACMENT 9,500 9,500 0 0 9,500 100.0 0 5.0 475 9 DEMOBILIZATION 3,000 3,000 0 0 3,000 100.0 0 510 150 CO10 TEMPORARY FUEL STORAGE 2,160 2,160 0 0 2,160 100.0 0 5.0 108 CO20 REROUTE 1-1/2" WATER LINE 1,290 1,290 0 0 1,290 IOO.0 0 5.0 65 0030 REPAIR DAMAGED UNMARKED UTILTT 3,695 3,695. D 0 3,695 100.0 0 5.0 185 C040 Tank bottom liquid disposal 234 0 234 0 234 100.0 0 5.0 12 GRAND TOTAL 118,679.00 234.00 138,619.40 .00 5.0 118,445.00 .00 5,933.95 TOWN OF WAPPINGER, NY P.O. Box 324, Middlebush Toad Wappingers Fa11s, N.Y. 12590 PURCHASE ORDER & VOUCHER f C,LAIMAIJT'S L & 0 MECHANICAL CONTRACTORS NAMEAIJO 768 BROOKS AVE. ADDRESF ROCHESTER, NY 14619 L_ Purchase Order No DO NOT WRITE 1N TNIS BOX Dale Voucher Received II FUND - APPROPRIA.{O j AMOUNT VENDOR'S TERMS--• �-'An--•--- - REFA10 l TOTAL I1 S OR SERVICES UNIT PRICE I AMOUNT DR DETAILS !-222. 0 i TOTAL 222.30 Darren D. Oswald certify that the above account in the amount of is true and correct; that the !terns, services, ,and disbursements charged were rendered to or for the municipallly on the dales slated: that no pail has been paid or satisfied: that taxes, from which the municipality is exempted, are not included: and that the amount claimed is actually due ;2/15/03 DATE SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL_ USE) DEPARTMENT APPROVAL l APPROVAL FOR PAYMENT The above services or materials were rendered or 1 This claim is approved paid from the appropriations indicated above furnished to the municipaiity on the dates stated and the � I charges are correct l DATE AUTHORIZED OFFICIAL I I DATE COMPTROLLER RESOLUTION NO. 2003-302 RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER FOR CARNWATH FARMS OIL TANK REPLACEMENT At the regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 N iddlebush Road, Wappingers Falls, New York, on the 22nd day of December, 2003, 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 - Councilmen . - ABSENT: The following Resolution was introduced by MrMr Mr- Paolloni Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey and seconded by WHEREAS, the Engineers to the Town, Fellenzer Engineering have approved a Change Order for the Carnwath Farms Fuel Oil Tank as per a letter dated November 6, 2003, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth ate incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves a change order dated November 6, 2003 for the Carnwath Farms Fuel Oil Tank between the Town and L&O Mechanical Contractors in the amount of Seven Thousand, One Hundred, Forty-five and 001100 {$7,145.00} for the reasons set forth in the letter dated November 6, 2003 from Eric Fellenzer of Fellenzer Engineering to the Town Board. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting -A)ze_ ROBERT L. VALDATI, Councilman Voting A —Aye — VINCENT VINCENT F. BETTINA, Councilman Voting Y JOSEPH P. PAOLONI, Councilman Voting Ave CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: Wappingers Falls, New York December 22, 2003 The Resolution is hereby duly declared adopted. ULUrUA 3. RESOLUTION NO. 2003-212 RESOLUTION AWARDING CONTRACT FOR EMERGENCY REPAIRS TO CARNWATH MANSION OIL TANKS 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 18th day of August, 2003, 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 - Councilmen - ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paolom Christopher J. Colsey The following Resolution was introduced by Mr • Valdati and seconded by Mr. Colsey WHEREAS, by Resolution No. 2003-182, the Town Board determined that a fuel emergency existed at the Carnwath Mansion with respect to the on-site 10,000 gallon UST's failure to pass a leak detection test and the Town Board ordered that immediate emergency measures be performed to remove as much fuel oil as possible from the site as well as remove any and all contaminated soil and materials, including any and all USTs and related remediation so as to preclude and/or mitigate any potential violations of the New York State Environmental Conservation Lave, Navigation Law and related rules and regulations associated with a UST failing a leak detection test; and 1 0:MAPPINGE1Town Board\RBSOLUTIOMCarnwath- K Awardldoc WHEREAS, Eric Fellenzer of Fellenzer Engineering, Engineer to the Town of Wappinger, solicited bids for the aforementioned work; and WHEREAS, bids were opened on July 7, 2003 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Eric Fellenzer of Fellenzer Engineering, Engineers to the Town of Wappinger, have provided an award recommendation to the Town Board; and WHEREAS, by Resolution No. 2003-212; Superviaor Ruggiero was authorized and directed to execute a contract on behalf of the Town of Wappinger to remove any and all contaminated soil and materials from Carnwath Mansion to L & O Mechanical doing business at 768 Brooks Avenue, Rochester, New York, for the price of Ninety Nine Thousand, Eight Hundred Dollars ($99,800.00) in accordance with the award recommendation letter dated August 13, 2003 from Eric Fellenzer of Fellenzer Engineers, engineers to the Town of Wappinger, to the Town Board; and WHEREAS, Resolution No. 2003-212 did not specifically enumerate and provide for the removal of any and all UST's and related remediation as required, including coordinating whatever repair work was required to (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion in the interim by temporarily installing a 275 gallon aboveground fuel oil tank, all in order to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations. 2 0:IWAPPINGE1Town Board\RESOLUTION\Carnwath- K Awardldoc 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 Contract to remove as much fuel oil as possible from the site including removal of any and all contaminated soil and materials from Carnwath Mansion, as well as the removal of any and all UST's and related remediation as required, is hereby awarded to L & O Mechanical doing business at 758 Brooks Avenue, Rochester, New York, for the price of Ninety Nine Thousand, Eight Hundred Dollars ($99,800.00) in accordance with the award recommendation letter dated August 13, 2003 from Eric Fellenzer of Fellenzer Engineering, Engineers to the Town of Wappinger, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract and/or Purchase Order on behalf of the Town of Wappinger in accordance with the above. 4. Except as herein modified, Town Board Resolution No. 2003-212 is hereby readopted and reconfirmed. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Ave ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye 3 O:IWAPPINGEITown Boa rd\RESOLUTI ON\Carnwath- K Award3.doc - Dated: Wappingers Falls, New York August 18, 2003 The Resolution is hereby duly declared adopted. MORIA J. MORrIWIIf 0 0:1WAPPINGE\Town Board1RE50LUTIOMCarnwath- K Awardldoc 9 VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNM M. STENGER (845) 298-2000 IRA A. PERGAMENT ALBERT P. ROBERTS LEGAL ASSISTANT: LOUIS 1. VIGLOTTI FAX (845) 298-2842 AMY E. DECARLO JOAN R GARRETT** e-mail: VSRP@BestWeb.net THOMAS R. DAVIS POUGHKEEPSIE OFFICE EMANUEL F. SARIS KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K. PATTERSON JAY B. RENFRO 'ADMITTED TO PRACTICE IN NY & FLA "ADM[rrED TO PRACTICE IN NY & CONN. September 9, 2003 Hon. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Carnwath Estate Oil Tank Remediation Dear Gloria: 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.D. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS { )FINE PLAINS Enclosed please find the amended Resolution awarding the contract for emergency repairs to Camwath Mansion's oil tanks as adopted by the Town of Board on August 18, 2003. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGANIENT & VIGLOTTI, LLP E P. ROBERTS APR/bg Enclosures CC" Hon. Joseph Ruggiero, Supervisor O.'iWAPPINGE\Town BoardlCarnwath fna Greystone\Oil TankA090903-GMAOC SES' -0wN RESOLUTION NO. 2003-182 RESOLUTION CONFIRMING THE EMERGENCY EXECUTIVE ORDER FOR CARNWATH MANSION FUEL STORAGE 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 23rd day of June, 2003, 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 - Councilmen - ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey The following Resolution was introduced by Mr • Colsey and seconded by WHEREAS, the Town of Wappinger recently purchased a 99 acre estate property located on Wheeler Hill Road in the Town of Wappinger, commonly known as the "Greystone Estate", also known as "Carnwath Farms" pursuant to Resolution No. 2003-1.44 adopted at a Town Board meeting held on May 27, 2003; and WHEREAS, one of the primary structures on the property is the "Carnwath Mansion", a three story mansion constructed in the mid -1800s which is listed on the State and Federal Registrar of Historical Places; and WHEREAS, the Town has planned the long term rehabilitation of the Carnwath Mansion and has applied for grants to fund its restoration; and 1 OAWAPPiNGEITown Board\RESOLUT10NNCarnwath-Exec Order.doc WHEREAS, in March 2003 the Town of Wappinger was notified by the New York State Department of Environmental Conservation (DEC) that it was required to re -register a 10,000 gallon underground storage tank (UST) buried adjacent to the Carnwath Mansion that serves the dormitory and chapel; and WHEREAS, the 10,000 gallon UST was subjected to a leak detection test as part of the DEC registration process; and WHEREAS, the Engineer to the Town facilitated the bidding process for the testing and certification of the 10,000 gallon UST; and WHEREAS, the 10,000 gallon UST failed the leak detection test and consequently could not be certified or registered according to DEC requirements; and WHEREAS, the DEC was consequently notified that the 10,000 gallon UST failed the leak detection test; and WHEREAS, the Town of Wappinger facilitated the temporary excavation and removal of blacktop and soil to expose the UST in preparation for retesting the 10,000 gallon UST in accordance with DEC's recommendations; and WHEREAS, the excavation and exposure of the UST revealed the presence of groundwater which precluded further testing; and WHEREAS, the excavated area exposing the UST was covered by topsoil and temporary blacktop as an interim measure pursuant to the DEC's recommendation in preparation for further testing and/or certification proceedings; and WHEREAS, the Town of Wappinger wishes to take all necessary measures to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations governing the 10,000 gallon UST; and 2 OAWAPPINGE1Town Board\RESOLUTION\Garnwath-Exec Order.doc WHEREAS, the Engineer to the Town, the Superintendent of Highways, and associated Engineering consultants of Fellenzer Engineering have recommended to the Town Supervisor that interim emergency measures be performed to remove as much fuel oil as possible from the 10,000 gallon UST and otherwise remove any and all contaminated soil and materials, including related remediation, to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations associated with a UST that failed a leak detection test; and WHEREAS, the Engineer to the Town, the Superintendent of Highways, and associated Engineering consultants of Fellenzer Engineering have recommended to the Town Supervisor that an additional 3,000 gallon fuel storage tank partially buried within the basement of Carnwath Mansion also be subjected to all necessary and prudent steps to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation. Law, Navigation Law and related rules and regulations; and WHEREAS, as part of the emergency measures, it is necessary to temporarily install a 275 gallon aboveground fuel oil tank in the Carnwath Mansion to provide heat and hot water to its residents. NOW, THEREFORE, BE IT RESOLVED, as follows- - The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines and confirms that a fuel emergency exists in the Carnwath Mansion with respect to the 10,000 gallon UST's failure of a leak detection test. 3. The Town Board hereby confirms the actions of the Supervisor Joseph Ruggiero in issuing Executive Order, attached hereto, to take immediate measures to (1) remove all fuel 3 O:NWAPPINGENTown BoardNRESOLUTIONNCarnwath-Exec Order.doo within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation; (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion in the interim by temporarily installing a 275 gallon aboveground fuel oil tank, all in order to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations. 4. The following Town Officers and/or employees and/or professionals are hereby directed to take whatever steps are needed and to coordinate whatever repair work is required to (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion: Fire Inspector, Building Inspector, Town Clerk, Superintendent of Highways, Engineer to Town, Bond Counsel and Attorney to Town. 5. The Town of Wappinger Procurement Policy is hereby suspended for the puiposes of making such interim emergency repairs, purchases and expenditures to address all potential violations associated with (1) the 10,000 gallon UST leak detection test failure, (2) the 3,000 gallon fuel oil tank located within the basement of Carnwath Mansion, and (3) installing a temporary 275 gallon aboveground fuel oil tank to provide the residents of Carnwath Mansion with heat and hot water in accordance with the plans and specifications prepared by the Engineer to the Town and approved consultants. 6. Town of Wappinger Bond Counsel Thomas Rothman is hereby directed to prepare of Bond Resolution in the amount of $200,000 to secure funds to cover all costs associated with this Emergency Executive Order as well as removing and upgrading the 10,000 0 WWAPPINGEXTown Board1RESOLUTIONXCarnwath-Exec Order.doc gallon UST, including related mitigation, providing both temporary and permanent heat and hot water to the residents of Carnwath Mansion as well as to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations in accordance with DEC requirements. 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 CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: Wappingers Falls, New York June 23, 2003 The Resolution is hereby duly declared adopted. 5 OAWAPPINGE1Town Board\RESOLUTIONXCamwath-Exec Order.doc TOWN OF WAPPINGER Executive Order No. 2003-4 WHEREAS, the Town of Wappinger recently purchased a 99 acre estate property located on Wheeler Hill Road in the Town of Wappinger, commonly known as the "Greystone Estate", also known as "Carnwath Farms" pursuant to Resolution No. 2003-144 adopted at a Town Board meeting held on May 27, 2003; and WHEREAS, one of the primary structures on the property is the "Carnwath Mansion", a three story mansion constructed in the mid -1800s which is listed on the State and Federal Registrar of Historical Places; and WHEREAS, the Town has planned the long term rehabilitation of the Carnwath Mansion and has applied for grants to fund its restoration; and WHEREAS, in March 2003 the Town of Wappinger was notified by the New York State Department of Environmental Conservation (DEC) that it was required to re -register a 10,000 gallon underground storage tank (UST) buried adjacent to the Carnwath Mansion that serves the dormitory and chapel; and WHEREAS, the 10,000 gallon UST was subjected to a leak detection test as part of the DEC registration process; and WHEREAS, the Engineer to the Town facilitated the bidding process for the testing and certification of the 10,000 gallon UST; and WHEREAS, the 10,000 gallon UST failed the leak detection test and consequently could not be certified or registered according to DEC requirements; and WHEREAS, the DEC was consequently notified that the 10,000 gallon UST failed the leak detection test; and WHEREAS, the Town of Wappinger facilitated the temporary excavation and removal of blacktop and soil to expose the UST in preparation for retesting and remediation of the 10,000 gallon UST in accordance with law; and WHEREAS, the excavation and exposure of the UST revealed the presence of excessive groundwater which precluded further testing and remediation; and WHEREAS, the excavation and exposure of the UST further revealed that it was manufactured in 1957 and has exceeded its useful life; and WHEREAS, the Town of Wappinger wishes to take all necessary measures to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations governing the 10,000 gallon UST; and 0AWAPPINGE1Town Board\Camwath Oil Tanks\Executive Order.doc WHEREAS, the Engineer to the Town, the Superintendent of Highways, and associated Engineering consultants of Fellenzer Engineering have recommended to the Town Supervisor that interim emergency measures be performed to remove as much fuel oil as possible from the 10,000 gallon UST and otherwise remove any and all contaminated soil and materials, including related remediation, to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations associated with a UST that failed a leak detection test; and WHEREAS, the Engineer to the Town, the Superintendent of Highways, and associated Engineering consultants of Fellenzer Engineering have recommended to the Town Supervisor that an additional 3,000 gallon fuel storage tank partially buried within the basement of Carnwath Mansion also be subjected to all necessary and prudent steps to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations; and WHEREAS, as part of the emergency measures, it is necessary to temporarily install a 275 gallon aboveground fuel oil tank in the Carnwath Mansion to provide heat and hot water to. its residents. THEREFORE, I, JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF WAPPINGER, under the powers granted to me by the State of New York in Article 2-B §24 of Executive Law, do hereby declare that a State of Emergency exists in the Town of Wappinger with respect to the building known as the Carnwath Mansion located at the Greystone Estate and that immediate measures are required to: (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion in the interim by temporarily installing a 275 gallon aboveground fuel oil tank, all in order to preclude and/or mitigate any potential violations) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations. AND PURSUANT TO EXECUTIVE LAW, L JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF WAPPINGER, issue the following Executive Order: 1. The recitations above set forth are incorporated in this Executive Order as if fully set forth and adopted herein. 2. The following Town Officers and/or employees and/or professionals are hereby directed to take whatever steps are needed and to coordinate whatever repair work is required to (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3, 000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion: Fire Inspector, Building Inspector, Town Clerk, Superintendent of Highways, Engineer to Town, Bond Counsel and Attorney to Town. 3. The Town of Wappinger Procurement Policy is hereby suspended for the purposes of making such interim emergency repairs, purchases and expenditures to address all potential violations associated with (1) the 10,000 gallon UST leak detection test failure, (2) the O:IWAPPINGE%Town Board\Camwath Oil Tanks\Executive Order.doc 3,000 gallon fuel oil tank located within the basement of Carnwath Mansion, and (3) installing a temporary 275 gallon aboveground fuel oil tank to provide the residents of Carnwath Mansion with heat and hot water in accordance with the plans and specifications prepared by the Engineer to the Town and approved consultants. 4. Town of Wappinger Bond Counsel Thomas Rothman is hereby directed to prepare of Bond Resolution in the amount of $200,000 to secure funds to cover all costs associated with this Emergency Executive Order as well as removing and upgrading the 10,000 gallon UST, including related mitigation, providing both temporary and permanent heat and hot water to the residents of Carnwath Mansion as well as to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations in accordance with DEC requirements. 5. This Executive Order is effective immediately, and shall remain in effect for a period of five days or until rescinded or extended as circumstances dictate. HON. JOSEPH RUGGIERO, Supervisor Town of Wappinger O:IWAPPINGE\Town Board\Camwath Oil TankslExecutive Order.doc RESOLUTION NO. 2003-294 RESOLUTION CON s� FOR EMERGENG ACTIONS CY REPAIR MADE TO UANT TO EXECUTIVE ORDER THE HEATING SYSTEM AT CARNWATH MANSION 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 22nd day of December, 2003, 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 Councilmen - ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey The following Resolution was introduced by Mr. Colsey and seconded by Mr, Paolo-nl WHEREAS, the Town of Wappinger purchased a 99 acre estate property located on Wheeler Hill Road in the Town of Wappinger, previously known as the "Greystone Estate", npw known as "Carnwath Farms"; and WHEREAS, one of the primary structures on the property is the "Carawath Mansion", a three story mansion constructed in the mid -1800s which is listed on the State and Federal Registrar of Historical Places; and WHEREAS, the Town has planned the long term rehabilitation of the Carnwath Mansion and has applied for grants to fund its restoration; and CADocuments and SeEtingslGina\Local 5ettingslTemporary Internet FileslOLKAICamwath-Exec orderldoc WHEREAS, the Town has previously undertaken interim repair work to the Carnwath Mansion to shore up the structure and weather-proof the building to prevent any further damage to the building; and WHEREAS, because of the interim repairs previously undertaken, the Carnwath Mansion is in reasonably sufficient condition to hold various public functions and public viewings; and WHEREAS, the Town had scheduled a Victorian Holiday party at the Carnwath Mansion for Friday, December 12, 2003 and for Saturday, December 13, 2003 at which approximately 200 members of the public were expected to be in attendance; and WHEREAS, on Tuesday, December 9, 2003, Town Supervisor, Joseph Ruggiero, was advised that the heating system at the Carnwath Mansion had stopped functioning and that the heating technicianirep airmen from Bottini Fuel Oil Corp. had stated that the system was not worth repairing; and WHEREAS, weather projections for Tuesday, December 9 through Sunday, December 14 had predicted that extremely cold weather was expected, that another snow storm was a distinct potentiality and accordingly, immediate heat was required — both to protect the building from further deterioration and damage as well as to provide heat for the Victorian Holiday party scheduled for December 12th and 13th; and WHEREAS, by Executive Order No. 2003-6, Supervisor Joseph Ruggiero had issued an Executive Order authorizing immediate replacement of the.heating system serving the Carnwath Mansion and suspending the Town's procurement policy for the purposes of making such emergency replacement of the heating system — all of which is set forth in Executive Order No. 2003-6 attached hereto as Exhibit "A". 2 CADocuments and Se%ngs\Gina\Local Settings\Temporary Internet Resl0LKA\Carnwath-Exec order2.doc 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 and confirms that a heating emergency existed with respect to the Carnwath Mansion requiring the immediate replacement of the heating system on an emergency basis. 3. The Town Board hereby confirms the actions of the Supervisor Joseph Ruggiero in issuing Executive Order No. 2003-6, attached hereto as Exhibit "A", and suspending the Town's procurement policy and taking whatever steps were necessary to replace the heating system at Carnwath Mansion during the week of December 9, 2003. The foregoing Resolution was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting 40 ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman Dated: Wappingers Falls, New York December 22, 2003 Voting Aye Voting Ay Voting Ay P. Voting Aye The Resolution is hereby duly declared adopted. 3 C.Tocuments and SettingslGinaltocal SettingslTemporary Internet Flles1OLKANCarnwath-Exec Order2.doc Audit Report Comments The following section is a detailed listing of each deficient issue discovered during compilation of the audit inspection report for the below listed subject site. The listed issues reflect the answers to the audit questions 1 topics in the New York State Department of Environmental Conservation Petroleum Bulk Storage (PBS) Regulations Inspection Report — PBS Inspection Form VA {411/2005). The issue numbers listed below corresponds to the question 1 topic number from the PBS Inspection Form. The following issues will be tracked until compliance is achieved. Subject Site: PBS # 3-601192 Greystone Property Wheeler Hill Road Cobblestone Road Wappingers Falls, New York 12590 Inspection -July 28, 2009 Mr. Joseph Jordan and Mr. Evan Stankunas of Enviro Clean Services, LLC (ECS) conducted the inspection. Mr. Mark Liebermann of Town of Wappinger was also present. Audit Issue Comments Issue No. 2 PBS Registration -- Information corrections need to be made to the PBS registration to reflect the current tank and piping information as observed on July 28, 2008. An information correction needs to be made to reflect the current tank and piping. ECS will submit an amended PBS application. Issue No. 4 Tank M001 is listed as "in service", however the tank was removed. An inadequate Tank Closure Report was submitted to the NYSDEC. A tank closure report must contain a site assessment, which includes laboratory analysis of the soil samples from around the former tank. A proper tank closure report must be obtained or generated prior to submission of PBS application. Issue No. 8 The fill port lid should be repainted on Tank M007. The AST fill ports all need to be color coded. The till ports must be painted or labeled to indicate the product stored. Issue No. 10 (8) No tank tag is present for Tank 007. A tank tag must be supplied which identifies Tank ID, product stored, design and working capacities, dimension, date of installation and installer, tank model number, PBS number and a statement that the tank system conforms to NYCRR Part 614. (9) As-Builts — An as -built plan was available for this location, however did not include the Part 614 Regulatory Statement. The plan must include a statement by the installer indicating that the "tank and piping system has been installed in compliance with the NYS Standards for New and Substantially Modified Petroleum Storage Facilities, 6 NYCRR Part 614" (6 NYCRR Part 614.7 (d)). ECS can provide an "as -built' for the facility if requested. Issue No. 11 Leak Monitoring is being conducted utilizing the EBW system. Weekly records of the interstitial monitoring were incomplete. The EBW tank monitoring system must be certified for accuracy at least annually. The Town will be supplied with a new weekly checklist and trained on the proper documentation and record keeping. Issue No. 17 No monthly inspections are being conducted for Tank M003 -M006. ECS will provide the necessary documentation and training to complete the inspections. Issue No. 19 The secondary containment is not adequate for Tanks M005, and manifolded tank system M003 & M006. The volume of the dikes for the tanks must be at least 110% of the largest tank design capacity; ie. The dike for Tanks M003 & M006 must be able to contain 303 gallons (110% of 275 gallons). Tank M004 is single walled and does not have adequate secondary containment. The Town must be able to provided adequate secondary containment as per NYSDEC SPOTS 17. ECS recommends constructing a dike or similar structure around the belly tank or install an alternate fuel tank to supply the generator which meets SPOTS 17. Issue No. 21 A gauge was present on Tank M003, however no gauge was present on Tank M006. The manifold on the tanks allows product to be pushed from one tank to the other during a fill. This tank system is compliant with NFPA regulations however conflicts with NYSDEC regulations which state that all tanks must be equipped with an overfill prevention device. ECS recommends re -piping the existing tanks with separate fills and vents to prevent overfilling of the first tank. Each tank could then be supplied with a whistle/ gauge to satisfy NYSDEC regulations. Issue No. 22 None of the AST were labeled. All ASTs must be labeled with Tank #, product, design and working capacity. Issue No. 27 The overfill prevention (high level alarm) was not functioning during the inspection on Tank M007. The high level alarm must be repaired. Issue No. 58 and 59 Leak Monitoring is being conducted utilizing the EBW system. Weekly records of the interstitial monitoring were incomplete. The EBW tank monitoring system must be certified for accuracy at least annually. The Town will be supplied with a new weekly checklist and trained on the proper documentation and record keeping. Double wall piping is present -at the facility and the Town is not performing weekly manual monitoring of the tank sumps for leak detection. ECS will provide the Town with the necessary forms and training to complete the required inspection. A sensor can also be installed within the sump to automatically detect liquid. Issue No. 64 The tanks and piping are monitored monthly for releases as required by Federal Regulations; however most documentation was missing or unavailable. The Town will be provided with new inspection and checklist forms and a compliance binder for all necessary record keeping documents. Issue No. 65 See Issue No. 4 Additional Regulatory Comments Spill 0211922 — There is an NYSDEC Spill listed as "not closed" from March 3, 2003. According the NYSDEC documentation a Tank Test Failure occurred. No further information was available regarding the status of the Spill or re-test(s). ECS recommends conducting a limited subsurface investigation in the former area of Tank M001 in order to compile a proper Tank Closure Report/ Site Assessment and to seek closure of Spill 0211922. PBS inspection Porm v. 4 (41112045) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PETROLEUM BULK STORAGE PBS REGULATIONS INSPEC'T'ION REPORT PBS*': or ❑ Unregistered DATE: 7 v `"1 GIS: N TME (24 hr): F Page 1 Facility Name: t' j Ste` llt`o_f__, A 1 Owner Name:__ Vvy 64- Facility Address:'�'+� i t1 Owner Address: Operator: Phone Number: Emergency Contact: Phone Number: FACILITY Representative and Title: _. _ Mal,( 6e , ((Y� ik- n ?, vYSDEC Representative and Title: FACILITY REGISTRATION 1. Is the registration certificate posted at the facility? See Part 612.2. 2. Is registration information current & correct? See Part 612.2, 3. Are monitoring wells marked and secured? See Part 613.3(b)(4). _ Tank Registration Identification Number Underground or Aboveground Tank v!T hx Product Stored/ Tank Volume if different than registered Date Installed aj1 % 4. Are tanks properly permanently closed? Y! N1 X (n/a)t�- X. 3 -Z- 5. Are tanks properly temporarily closed? YI N/ X (n/a) 6. Fere any unreported spills observed during the inspection (also include suspected releases from leak detection equipment and uninvestigated X% IIS f inventory discrepancies)? Y/ N 7. Have tank top and dispenser sumps as well as fill port catch basins been properly maintained? Y/ N (accumulation 1 x of product)/ (poor condition)/ X (Na) 8. Is the 6ilport color coded to identify the product in the tank? See 613.3(b). Y/ % N ( t ry L% / t A/ 9. If motor fuel tank has pressurized piping, is it equipped with a shear valve? Y' N (no shear valve)/ 1 (inoperative valve)/ X (n/a) 6 a, v y x Underground Tanks 10. For tank systems installed after 12/86, does the tank system meet standards? Y/ X(n/a) [tank system installed prior to I2/861 If not, missing items? (1) corrosion resistant/ (2) secondary containment/ (3) leak monitoring/ (4) overfill prevention [auto shut-off valve, high level alarm 7 or bail float valve] and (5) corrosion resistant piping with (6) leak monitoring [line leak detector for pressurized piping] or (7) only one check valve under the pump in suction piping system/ (8) tank label/ (9) as -built plans or drawin es. PBS Inspection Form v. 4 (4/112005) underground Tanks (cont'd) Page 2 fo 4_ 11. Is leak monitoring (UST) being done [double-wall tank -interstice is ,r checked]? \) J Y/ N/ I (inoperative system)/ 2 (monitoring records not maintained)/ 3 (inappropriate method)/ X (n/a) axW'a_—kS 12. Is cathodic protection for steel UST and piping systems monitored annually? �F IV �► i�Nil Y/ X (n/a) [not steel system]/ N (missing both)/ (1) no monitoring on tank/ (2) no monitoring on line/ (3) records not maintained/ (4 )system not maintained to achieve protection/ (5) inadequate method 13. Does the facility have adequate inventory records for metered USTs? YI X (n/a) If not, missing items? (1) no records/ (2) poor equipment/ [ (3) no reconciliation/ (4) reconciliation performed other than I6 days/ ' (5) no investigation of discrepancy 14. Do unmetered tanks have annual standpipe analysis or tank test, or other acceptable leak detection method? Y/ N/ X (n/a) 15. Has tightness testing (USTs) been conducted on the tank and piping system? [Check both tank and piping,] f Y/ Ni i (entire tank not tested)/ 2 (no test on line)/ X (n/a) Aboveground Tanks 000 � M00 -i fhd'- r i il J6. for tank systems installed after 1286, does the tank system meet standards? If not, missing items? ASTs must be (1) welded steel with (2) adequate surface coating [paint]; if on soil, must have (3) cathodic protection and if on \) J grade, must have an (4) impermeable barrier under the tank with the ability to (5) monitor for leaks. 5k -k_ C(h'�'!'* 1?. Does the facility conduct monthly inspections for all ASTs? Y1 N/ I (records �F IV �► i�Nil not mairitained) 18, Does the facility conduct ten year inspections for ASTs? Y/ NI I (records not maintained)/ X (n/a) 19. For ASTs ? 10,000 gallons, is the secondary containment adequately designed and in good condition? Y/ NI 1 (riot maintained)/ 2 (poor design) [ For ASTs < 10,000 gallons, if using alternatives to secondary containment, ' are SPOTS #17 issues addressed? VYIN� Y/ Ni I (equipment not maintained)/ X (n/a) 20. Are dike drain valves Locked. in a closedposition? Y/ N (unlocked)/ I (no valve)/ X (n/a) 21, Does the AST have a gauge, high level alarm or other equivalent device? Y/ N/ f I (inoperative) 22. Is the design/working capacity, and id number marked on AST and at the (; i gauge? J E Y/ N/ I (tank not labeled)/ 2 (not marked at gauge) 23. Is a solenoid or equivalent valve in place for gravity -fed motor fuel dispensers? i Y/ l4TI 1 (inoperafive)l X (n/a) 24. Is a check valve in place for pump -filled tanks with remote fills? xt Y/ N/ l (inoperative)! X (n/a) 25. Is an operating valve in place on every line with gravity head? Y! N/ 1 X f (inoperative)/ (n/a) PBS inspection Form V. 4 (4/112005) Page 3 .FEDERAL UST Questions — Release Prevention + 26. Is the spill prevention device (catch basin) present and functional? Y/ N (not pres.ent)I I (not functional — holes or cracks present) X (n/a for tanks receiving <25 gal, at one time) 27_ Is the overfill prevention device (i.e., automatic shutoff, high-level alarm, ball float salve) present? Y/ N/ X (n/a for tanks receiving <25 gal. at one time) yvv� 28. Is`the overfill prevention device operational? Y/ X (n/a) If not operational: 1) Automatic shutoff is not operational (i.e., device tampered with or inoperable; gauging stick in drop tube). 2) Alarm is not operational. 3) Alarm is not audible or visible to delivery driver. Ball float is not operational because: 4) Stage I vapor recovery is present. 5) Piping system is suction. 6) Drain valve on spill catch basin is broken or is impaired by debris. 29. Were structurally repaired tanks and piping tightness tested within 30 days of repair completion (not required w/ internal inspections after repair or if monthly monitoring is in use)? Y/ N/ X (n/a) A Were CP systems tested/inspecmd within 6 months of structural repair to tank or piping on any cathodically protected UST system? Y/ N/ X {n/a) 31. If an impressed current system is in use: 1) System has been operated continuously. If system has not been operated continuously: 2) Rectifier is not operational. 3) Rectifier does not have electrical power 24/7. 4) Clock (if present) shows that power has been turned off. X) N/A (no impressed current system used). 32. Does the corrosion protection system provide continuous protection? Yl X (n/a) If not: 1) CP system is not performing adequately based on results of testing, 2) Cis system tested within required period and operator is not conducting or has not completed appropriate repair in response to test results reflecting that CP system is not providing adequate protection. i 33. Are LIST systems with impressed current cathodic protection inspected. every 60 days (only required to keep 6 moths of readings; at least 2 of last 3 readings are required if system is operational at time of inspection)? Y/ N/ X (n/a) 34, Are lined tanks inspected periodically (within 10 years of installation and every 5 years thereafter) and is lining in compliance? Y/ (1) not inspected periodically/ (2) lining not in compliance, i.e., lining was tested and failed/ (3) inspection procedure not acceptable/ (X) n/a 35. Is buried metal tank and piping (which includes fittings, connections, etc.) corrosion protected? Y/ X (n/a) If not: 1) Buried metal piping components (such as swing joints, flex -connectors, etc.) are not isolated from the ground or cathodically protected. For new USTs — tanks and piping installed after 12122/88: 2) Tank or piping does not meet new tankipiping standards for corrosion. For existing US Ts (tanks and piping installed on or before 12122/8 9) where tank or piping does not meet new UST requirements: 3) Steel tank is not internally lined. 4) Metal tank or piping is not retrofitted with cathodic protection. PBS Inspection Form v. 4 (4/112005) Federal UST Questions – Release Detection Wage 4 36. Specify method(s) of tank release detection used: A. Inventory Control with Tank 'Tightness Testing – answer questions 39-43 B. Automatic Tank Gauge (ATG) – answer questions 44-46 C. Manual Tank Gauge (MTG) – answer questions 47-50 D. Tightness Testing (safe [European] suction piping does not require testing) – ��— answer questions 51-53 E. Groundwater or Vapor Monitoring - answer questions 54-57 F. Interstitial Monitoring – answer questions 58-59 G. Automatic Line Leak Detector (ALL:D) – answer questions 60-62 H, Statistical Inventory Reconciliation (SIR) – answer questions 63-65 37. Specify method(s) of piping release detection used. If pressurized (choose two): DJ Tightness Testing -- answer questions 51-53 E. Groundwater or Vapor Monitoring -- answer questions 54-57 F. Interstitial Monitoring – answer questions 58-59 G. Automatic Line Leak Detector (ALLD) -- answer questions 60-62 H. Statistical Inventory Reconciliation (SIR) – answer questions 63-65 38. Specify method of piping release detection used (NOTE: safe [European) suction piping does not require release detection). If suction (choose one): D. Tightness Testing – answer questions 51-53 E. Groundwater or Vapor Monitoring – answer questions 54-57 3 F. Interstitial Monitoring – answer questions 58-59 i H. Statistical Inventory Reconciliation (SIR) – answer questions 63-65 N. Exempt Suction Piping Inventory Control with Tank Tightness Testing 39. Jr, tank tightness testing performed as required (also answer questions 51.53)? Y/ l4 (not performed)` 1 (inadequate) 40. Are inventory volume measurements for inputs, withdrawals, and remaining amounts recorded each operating day and reconciled as required? Y/ N (no records)/ I (not reconciled) 41. Is inventory control equipment capable of 1/8" measurement? Y/ N 42_ Is product dispensing metered and recorded to required accuracy within local standards for meter calibration? Y/ N (unmetered)/ 1 (no records) 43. Is water levet in tank monitored at least monthly? Yi N Automatic Tank Gauge (ATG) NjuT- 44. Can ATG detect a 0.2 gal/hr leak rate from any portion of the tank that routinely contains product (i.e., is ATG on NWGLDE list)? YI N 45. Is ATG set up properly? Y/ N 46. Has ATG been used to check the portion of the tank that routinely contains product's Y""/ N t` ual Tank. Gauge (MTG) ; 47. Is tank size appropriate for using manual tank gauging (not valid for tank I size X2000 gal)? Y/ N 48. Is method being conducted correctly? Y/ N 44. Was any liquid added to or taken out of the tank during the test? Y/ N 50. Is MTG equipment capable of 1/$" measurement? Y/ N PBS inspection Form v. 4 (41312005) Federal UST Questions — Release Detection (cont'd) Page 8 Tightness Testingr; . 4 L— 613 ' 51. Is tightness testing method capable of detecting a 0.1 gal/hr leak rate from any portion of the tank that routinely contains product? Y/N available (must have records for the two most recent consecutive months and l 52. Is tightness testing conducted within the specified time frames for the following methods? (1) tanks — every 5 years/ (2) pressurized piping — annually/ (3) Non-exempt suction piping — every 3 years for 8 of the last I2 months)? ' 53. Is tightness testing conducted per manufacturer's instructions? Y/ N Yl I (no monthly monitoring)/ 2 (no records)/ 3 (inadequate records) Groundwater or Vapor Monitoring 1 ,` I ( J6 54. Has site assessment been done for vapor or groundwater monitoring? Y/ N 65. For permanently closed tanks, was site assessment performed? j 55. Is groundwater in the monitoring well never more than 20 feet from the ground surface? Y/ N (!J 1 56. Is vapor monitoring well not affected by high groundwater? Y/ N 57. Are wells properly designed and positioned? Y/ N Interstitial Monitoring 53. Can secondary containment be used to detect a release? Y/ N 59. Is the sensor properly positioned? Y/ N ( Automatic Line Leak Detector (ALLD) Pat' T 60. Is automatic line leak detector (ALLD) present and operational? Y' N (not present, but should be)/ 1 (not operational) 61. Has annual function test of the ALLD been conducted, and are records available? Y/ N (no test)l I (no records) 62, Does release detection system meet the performance standards of 40 CFR 280.43 or 2$0.44? Y/ N Statistical Inventory Reconciliation (SIR) F�?� 63. Can statistical inventory reconciliation (SIR) method detect a 0,2 gal/hr leak rate or a release of 150 gal within a month and meet the 9515 requirement (i.e., is SIR method on NWGLDE list of release detection methods)? Yt N Federal UST Questions -- Other 64. Are tanks and piping monitored monthly for releases, and are records F• available (must have records for the two most recent consecutive months and for 8 of the last I2 months)? Yl I (no monthly monitoring)/ 2 (no records)/ 3 (inadequate records) 65. For permanently closed tanks, was site assessment performed? j Y/ N/ I (inadequate) (!J 66. General Facility Condition: GOOD / FAIR / POOR CONUVENT'S (continue on separate paper): Regional Notes or Forms attached: pages Refer to: Spills — remediation system not operating Air— vapor recovery problems Water — SPDES problems / illegal floor drains . . - Solid & Haz'vlat — used oil issues 12/29/2005 15:38 845343692929 FELLENZER111 EN Deecnaber 29, 2006 Town of Wappirigers 20 Middlebush Road Wappingers, NY 12580 Attn: Joseph Ruggiero, Supervisor Re: DEC Compliance Fuel Storage Tank — Carnwarth and Highway Garage FE # 06-673 Dear. Mr, Ruggiero: PAGE 01/03 www.fellp.com Partners Archie D. Fellenzer Jr,, P.E. Mark D. Fellenzer, Q.E. John D. Fellenzer, P.E. Robert E, Curtis Jr, P.E. Eric D. Fellenzer, P.l». Please find enclosed cost estimates for an additional fuel. tank at above referenced project. At this time, I would recommend the Town budget $ 40,000.00 for this portion of the project and be but on the agenda for the January 8, 2007 town board meeting. We have prepared coritract documents for competitive bidding. Please advise when we can proceed. Should you have any questions, please advise. Sincerely, rs Eric D. Fel nzer, P. I P J�. Principal EDFlvlc Encl. �c `,...--..m Q 22 Mulberry St., Suite 2A, ❑ 85 Market St., Sulte 200, (] 32 Front St., Middletown, NY 10940 Poughkeepsie, NY 12501 136rt7erviS, NY 12771 t 845-343-1481 •N 845-343-4965 t 845-454-9764 •fx 845-454-9705 t 845.85E-3fi00 •fx 845-856-3734 12/2y/2011b 1t: jb t34DJ4Jb92929 PAGE 02/03 Fuel Storage Tank Cost Estimate Carowath Farms and Highway Garage Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Submitted by: Eric D. Peiienzer, P.E. 1{ ELLENZER ENGINEERING, LLP 22 MULBERRY STREET MXDDLETOWN, NY 10940 TEL: 845-343-1.481. FAX-. 845-343-4986 EMAIL: edf@fellp.com FE PROJECT NO. 06-673 Docember 1, 2006 - - i....,., i., - ------- I-- f HUG U-)( CJJ CARNWATH FARMS 1. Generator ■ 1.90 Gallon Fire Hopper Tank (Double wall insulated).......... .........................$ 3,500.00 ■ Gages, fittings and piping ...................... ...,..................................... ---- ...... $ 2,500.00 ■ 6'x 6' x 6" Gonctete Slab (1$ ft 0.7 cu.yd.).................................................$ 1"500,00 HIGHWAY GARAGE 1, Office Furnace ■ 1000 Gallon Fire Hopper Tank (Double wa1.l insulated) ............... -- ................. $10,000.00 ■ Gages, fittings and piping....................................................................................$ 2,500.00 ■ 15'x 15'x 6" concrete slab (113 f13 z4-2 cu.yd.) ...................... $ 2,000.00 SubTotal.................................................................................................._ .............................$22,000.00 InsuranQeand Bonding................................................................................................................$ 1,500.00 Overheadand Profit............. ........... ........................ ....................... ..................................... --.3 5,500.00 Total..................................................................................................... — ........... ........ ............... $29,000.00 Allowances (DEC Permittiug and Reimbursements)..................................................................$ 7,700.00 Estimated project range................................_....................................................... $35,000.00 - $40,00(} 00 Page 2 FELLENZE"I ENGINEERINGLLP ® Middletown Office: 22 Mulberry Street, Suite 2A Middletown, NY 10940 TeL (845) 343-1481 Fax: (845) 343-4986 www.felip.com fe@fellp. com November 6, 2003 Town of Wappingers 20 Middlebush Road Wappingers, NY 12580 Attn: Joseph Ruggiero, Supervisor Re: Payment Application Fuel Oil Tank Replacement Greystone, Carnwath estates FE Project No. 03-339 Honorable Joseph Ruggiero: ❑ Poughkeepsie Once 25 Market Street, Suite 501 Poughkeepsie, AT 12601 TeL (845) 454-9704 Fax: (845) 454-9705 Consu' ng Engineers ❑ Port Jervis Office: 32 Front Street Port Jervis, NY 12771 Tel.: (845) 856-3600 Fax: (845) 856-3734 Professional Engineers Lic_ NY,NJ,PA, CT MA,RI, VT,FL Please fuld enclosed application for payment from the contractor, Daren A. Oswald of L & 0 Mechanical. Be advised there is a change order in the amount of $2,160 for recovering and reusing 4,100 gallons of fuel oil. Instead of the Town getting a credit of $.20 per gallon for 4,100 gallons of fuel, which had to be removed and paying $1.00/gallon or so to replace the existing fuel, Mr. Oswald is charging a lump sum amount of $2,160 to remove the 4,100 gallons of fuel from the existing tank and installing it in the new tank. By doing this, Mr. Oswald is saving the Town approximately $1,120 (4,100 gallons - $1.00 - .20 = $2,160). Please process this change order. A 1 — %" waterline was discovered during construction, which had to'be repaired. This waterline was unknown to the Town, Greystone, this engineer and the contractor prior to excavation. The cost to replace 25' of this line is $1,290. The cost to repair this line is fair and the work has been done. Please process the change order for the waterline replacement at $1,290. A 4" waterline was encountered during removal of the 10,000 fuel oil tank. The cost for the repair was $3,695. We feel the cost of the repair is fair and justified. Although, we do regret the inconvenience of the waterline breakage, the repair was accomplished in a timely manner. Additionally, we do thank the assistance of Camo Environmental for their assistance in the repair. Without their assistance, the repair would not have been accomplished as quickly. GREYSTONE FUEL OIL TANK REPLACEMENT FE PROJECT NO. 03-339 The project is substantially complete with limited amounts of contaminated materials. We do expect one more additional charge of approximately $300 to $500 for contaminated water and sludge based on the quantity and unit process provided in the contract documents. As of November 6, 2003, the project is substantially compact and site is restored. Final closeout is pending documentation. Net change orders are summarized as follows: Recyclefuel oil..............................................................................................................................$2,160.00 Relocate1-112" waterline..............................................................................................................$1,290.00 Repair of 4" waterline ................ ....$3,6_95.00 TotalTo Date.................................................................................................................................$7,145.00 Projected cost for contaminated material...........................................................:............................$ 500.00 We ask that the Town Board at this time approve the above -referenced change order for $7,145.00. Should you have any questions, please advise. Sincerely, Eric D. Fellenzer, P.E. Senior Engineer EDF/st cc: Joseph Paggi, P.E., Town Engineer Al Roberts, Esq., Town Attorney Gerald Terwilliger, Town Comptroller Page 2 06/1112003 09:55 8454710905 Memo To Hon. Joseph Ruggiero, Sup®Msory Town 01 From■ Pater J. Pa90 FtR PAGGI MARTIN DELIENE PAGE 01 OCA Town Board: File Han. Gloria Morse, Town Cleric Hon, Graham Faster, Highway Superintendent Joseph E. Pagg6 Jr., P.E. Albert P. Roberts, Esq. Donald Swam, R.A. Eric Fellenxer, P.E. D&M 08/11/03 i RES Underground 01 Storage Tanks (UST): Grsystona PM"Ay i As part of our ellorts to address the NYSDEC concerns regarding the Underground Storago Tanks (Un at the (3reystone Property, I have reviewed the October 28, 1998 'Build'ings Study" preparedCem19M & Swalk, P,C. Two Items appearto be relevant: 1) Regarding the evdsting 14,000 gallon underground oe tank the Report ' .. S&OVY warted tanks be spaced with dbubb waded morwwad unks to predude any AMAU"Mnof ttre sks.' (page 2.0.5), The cost to perform this wont was Included under the 20ptlarrd Section (pegs 3.2-44), and was estimated to be $ 60,000, It was further noted than '7W value a flier no =I oanfarrrination has occurred ftM Iralcago of Elie uds8 V tank and ►fat Elie a)dgng � to he A rOMW and properly, a�apos>ra► of " 2) The Report also makes referenoe to '... a 3000 gaft parlWy Dr17ad 1W! oftw* in the Dasdrnerit of Bu q AW 1.'(kK the Mansion). The Report notesfurtherthat ".... 7Nstank 1+ras.iri &d im aradmay rapWe* cor�fafrr sem& arnoud of pMdud fie Bu&ft Mot f tank as weft as ft ow fiwwrbd dies&! tonic on #re gwwakr do nd appear upan 0* YV*ebm co*$mft" (PO 2 Under the CSM $radon, the Report nates that '... removal of ftte W* is not required buf wd At0n Vy.r*0wvnrrrrd flits be done prkr to any owdamhaf in of the fie." The oost to perform this work Was esUrnated at $ 5,040 (papa 3.14), and assumes no leakage or soil c:ontarotnation. Pleas& feel free to contact ft office If you have any questions or oomff*rb regarding this ti alter. REV GINV GE) o Page 1 JUN. 2L33 TOWNICLERK RECEIVED MAR TOWN CLERK Meino V1A FP+X �AAti L Ruggiero, Supe�cr Town of Wappinger Tog Hon. Joseph Rugg Front Peter J. Paggl cc: Town Board: Foe Hon. Gloria Morse, Town Clerk DOW 03128103 Us r htn@ss Testln un orae a k of VVappinger PAR n Wheeler Hail Road, Town Greystone Prop61tY� the GreYstane site Cpmmef7its: Inc were n$ the top of of " D. Conklin & Sons, u and a to of the 2003, represeritat After digging p12' above the p a March 25, round oil storage tank. Aft roamcteN. we obtain On Tuesd 0e underground to an elevation apP e to dig uP; Mate and n groundwater to be a •spill site' ural such tim anon (8,t wide the tank, the excavation filled yw me area is deem aut of the a of properly a problem,ults. Therefore, ail water pumped Of Ix and $ tank erposes testrng co contaminated. and must Work alta rate of of $1 00 .. esting that pie tank .. co � rfomn satid by 28't longi 1S a enclosed quote to ieaced a call into the C' received company, return call as yet Conklin has p 1 have HaIL but have not rece 85.00 per hour for the vacuum rvisor Ruggiero at Town have advised him of all they arrange to meet supe of the WSDEC' and to inspect the ntad McCabe convenience been � oo Mr. Vince onsite at #'� tar for the presence of I have also l offered to meet with Mr. MCCa� the groundwa a few days, to may acceptable to test suggested that we, nse of testing actions taken to date. charges He also sugg the added e situation. He informed m ps avoid hauling petroleurn products, and pe ap . rate This would save the Town see K the water wi`§ naturalayted groundwater away. ander hauling the c°rtitamin ress in this matter. n informed of our grog tion• I will continue to keep the Towquestions or require additional informs Please feel free to contact this office if you have any Thank you. e Page 1 -5-2003 10:18 IRA D. CONKL I N & SONS INC 914 5Ei9 0951 P-02/02 ,� Ira Mdin,com Pt1MP-snd3ANK.com Ira D. Conklin & Sons, Inc. M Invebch t;ompany SWUM C0'p0'Ve H*4~ utica 6681 CaWe N= Botievard 94 Sta+wart Ave - PO Box 7457 788 First suw Syrecm, NY 13211 N"b ugh, NY 025W Utica, IVY 13601 (315) 437-M (800) 677-7746 (316) 735.9568 Fax (3115) 437--2908 (W561-1512 Fax (315) 732-6963 Fax (846) 561-1798 t�uate ID 439 PM� Hy l= PrepwW On iV wh 25, 2003 Qum Tj* Wappiztgems Town of Hill To Ship To Wawmgera Town of Wappingaa Town of AT'I'N: Peter Paggi ATIN: Peter ftgi PO Box 324 p0 Box 324 Cmntact Peter no Pbo 2989293 Fsur Cust: PO 9abjeet Remove WSW from tank excavation with d qmW from Greystone Property Qo=dty lV[Movolarer ftw Price EziU04W aau= T 8 Supply Vacuum Uw k to vemove water from picavatioit . Price per Door - SOX X Water 1.00 1 .00 Water disposal C IDC Waste water disposal plant Pric c per Callon - $ I.00 per g$1. '1~atxl: S".00 App�� 8y: Date 4 iraced Cradit CaA--1 Visa Mier Card Discover I Card PO Humber ~res Cnuamer Pra�IdApprvvalD: tipmn approval plcart sign this quotation and return it to our Off= with a 50% deposit or CzT& Card number. All invoices are due apou receipt. The above 46timate does not incluft any apphcable sales or use tax, ia-bowld freight, watrx, rock of contaminated soil chargc& Ail permits aW or fees shall be pain for by tho customer at cost plus 0% and at no included in the est MatC unless otherwise noted. * Quotations are validfor 30 days from the date ofpreparation. Page i of 3 TCTPL P.02 Memo To; Hon. Joseph Ruggiero, Supervisor- Town of Wappinger AnA FAX & MAIL From Peter J. Paggi PNI CG Town Board: File Hon. Gloria Morse, Town Clerk Gerald Terwilliger, Town Comptroller Greystone Programs, Inc. — attention: Mr. Rod Torfarella Dara 03/07/03 Ra Underground Storage Tank (UST) Tightness Testing Greystone Property: Wheeler Hill Road, Town of Wappinger Comments: Please be advised that tank tightness testing was performed on the Greystone 10,000 gallon underground fuel storage tank (UST) on Monday, March 3, 2003 by the Ira D. Conklin Co. As per our telephone conversation of that date, our office was informed by Conklin that the tank failed the test. As required by law, the Contractor reported this test failure to the NYS Department of Environmental Conservation, who enter the information in their "spill" registry. The Contractor noted that the leak was above the liquid level in the tank, and could be the result of leaking plumbing connections rather than a leak in the tank itself. He suggested that the best way to deal with the situation is to dig up the tank, disconnect all plumbing connections (e: fill lines, vents, manways) and perform another tightness testing. The cost to perform this additional testing would be $ 2,050.00 (see enclosed Proposal). While they have not provided our office with a written estimate to replace the tank completely, the representative from Ira D. Conklin stated that it could easily be in the range of $ 50,000 to $ 70,000. Please keep in mind that this tank was reputedly installed in 1959. I have been in contact with Ms. Barbara Yukoweic of the NYSDEC, and have advised her of all actions taken to date. I have also informed her that we would be presenting all this information to the Town Board to determine how you would like us to proceed in the matter. Please feel free to contact this office if you have any questions or comments regarding this matter. Thank you. REV EI\IE MAR 10 0 Page 1 TOWN CLERK Z�4�4 «sem U41-.31 r.Ul/Ul PUMPan ffAUK.cQm Ira D. Conklin & Sons, Inc. An Invatech Com;wny 5yraeufe Corporate Hasdquuters UtkX 6681 Cvrrxnv os BoWevarri 94 Stewart Ave - PO Box 7457 708 First Street 6Ws* 4 NY 13211 NewbuO, ICY 12550 Utica, NY 13501 (315) 437-0288 (800) 677-7745 (315) 7359669 Fax 1315) 437-2K8 (845) 561-1512 Fax (315) 7326963 Fax (W 561-1758 Qwta ID 431 f "an,$ By jim 1prepared 4n ' March 05, 2043 Quota Title Paggi ivlar 'tut Del Bene Lip t$iiil To Ship To Paggi Maruti Dal Beene Up Pago Matic Del Bene Up ATTR Peter PAggi ATTN: Peter Paggi Consulting Sngi mm land Surveyors Consulting Engineers land Surveyors 36 Maier Suet 55 Main Sunt Contact Peter Paggi 1'leor+e $454717898 Fos 843 4110903 3 Cuff: PO Suis�ct Tank Uneovwllwlate and re -test existing underground 10,00 gallon beating oil tank. Qsalettty 1H`aseufacdsM Um price Extended I LW UUMM Tftk 1,60.00 17 labor and material to uncover a adag 10,ODO pllm h:Wmg oil tank Isolette all wik fittings and re -test tank • est 450.00 4500 Rc,Test of fault after Unravrrad and isolated AppravW B lDxft Approved Credit Caen: Visa MasterCard Discover Card-Numbrr: P4 Number (Requires Cuxftmer Pru ik/Approval): -Total: $2,050.00 Exp. Date: Upon approval please sigh this quotation and return it to our office vAth a 509* deposit or Credit God number. All invoices are dueupon xeo rpt. The above estimate does oot include any applicable sales or use tm m4xnmd freight, water, rock or contarnimod spit cbwges. Alf permits and or fees shall be 'paid for by the ctrstmer at cost plus 0% and arc not nicluded in the estimata eiWm cdwnvise noted. * Quotadans art valid far 30 dgvs from jhe date of nrepumtion. Page I of 1 T07gL F.01 Memo T« Ira D. Conklin & Sons, Inc. From Peter J. Paggi cc: Hon. Joseph Ruggiero, Supervisor— Town of Wappinger Town Board: Fie Hon. Gloria Morse, Town Cleric Gerald Terwilliger, Town Comptroller Greystone Programs, Inc. — attention: Mr. Rod Tortarella Dato 03/11/03 Rae Underaround Storage Tank iUSTI Tiahtness Testing Greystone Property: Wheeler Hill Road, Town of Wappinger Comments: MA FAX & MAIL Please be advised that your proposal (Quote ID 431, copy enclosed) to uncover, isolate and retest the 10,000 gallon underground fuel storage tank (UST) at the Greystone site has been accepted by the Town of Wappinger. The cost to perform such work shall not exceed $ 2,050.00. We would ask that you schedule all work with this office and Greystone Programs, Inc. (Phone - 298-9283). Please feel free to contact this office if you have any questions or comments regarding this matter. Thank you. V�eCEJNJ BAR A 1 le'3 TOWN C)j-F-RK 0 Page 1 PAPandTANK-go Ire. D. Con n & Sons, Inc. M Invatsch Cam;Wny 3ymmuee CoEpm to Weadmaattem Chita 6681 Cmrnerca Bouievard 94 Stea►art Ave - PO Box 7457 708 First Street SMOjK NY 13241 Nswbu*, NY 12560 Utica, NY 13501 (315) 437-0288 (SW) 8774745 (315) 7354569 Fax (315) 437-2908 (US)S61-i512 Fax (345) 732-6M3 F=(W)551-1798 Qaett ID 431 Prepared By jim jPrepared 6a " Larch 05, 2003 f Quo* Title Paggi :vlaniu bei Besse Lip Bill TO Sblp To Faggi Martin lel iBeste Llp Paggi Martin Del Bene Up -- - - _ -. 4I'I-N: Peter Paggi ATTN: Pater Paggi Conanitirtg Engineers land Surveyors Consulting Engit+xers land Surveyors 36 Main Stmet 56 Main Street Casntact Peter PASO P9to s 843 471 "898 gaz 843 4710905 Ca�� 1PO Sub eCt Tank- Unom=JIsolate and re lest existing underground 10,000 gallon bleating via tank. Quawity ll+iatautaeUM it= Pece Extended 1 IPC Un -mm Tank 1,600,00 1,600,00 labor and material to u avar existing 10,000 cellon hestiag ail tank isolate 411 tank fittings and re -test tank I IDC • eat 450.011 450.00 lie•Test of tunic after Uacavernd and isolated Approved 11 Dme 1ppvbve�f Credit 7 Visa Mafter Card Discover card''�tamber. P4 Number (Requires CusWiner iPrafilelAppraral): 'fatal: C �Z1 05 0,08 Upon apprgvai please sift tits quotation and return it to ow v$lcee with a 500,10 deposit or Q=Lt Card number. All invokes are due xpotr roulpt. The above ew=e sloes got include azy applicable sates or -we sax. in-omind freight, water, rock or muminated coil charges. All permits and or fees shall be paid for by the cuslx= at cost -plus 0% and are not inciuded in the csfim ate =1Mlem comwise now. rQuotattons are valid}or 30 dk vs_from i'% a dote of preparation ?age 3 sof 1. T^ -HL P .01 Memo To; Hon, Joseph Ruggiero, Supervisor- Town of Wappinger From Peter J. Paggi FNP CC. Town Board: File Hon. Gloria Morse, Town Clerk Han. Graham Foster, Highway Superintendent Joseph E. Paggi, Jr., P.E. Albert P. Roberts, Esq. Donald Swartz, R.A. Eric Fellenzer, P.E. Date: 06/11/03 Ree Underground Oil Storage Tanks (UST): Greystone Property VIA FAX & MAIL RECEIVED JUS! 16 2003 TowN CLE81, As part of our efforts to address the NYSDEC concerns regarding the Underground Storage Tanks (UST) at the Greystone Property, I have reviewed the October 26, 1998 "Buildings Study" prepared by Cemiglia & Swartz, P.C. Two items appear to be relevant: 1) Regarding the existing 10,000 gallon underground oil tank, the Report `... strongly recommends all single walled tanks be replaced with double walled monitored units to preclude any future contamination of the site." (page 2.0-5). The cost to perform this work was included under the "Optional Items" section (page 3.2-44), and was estimated to be $ 60,000. It was further noted that "This value assumes that no soil contamination has occurred from leakage of the existing tank and that the existing tank is to be removed and properly disposed of." 2) The Report also makes reference to u... a 3000 gallon partially buried fuel oil tank in the basement of Building No. V' (ie: the Mansion). The Report notes furtherthat `:.. This tank was in use until 1995 and may reportedly contain some amount of product The Building No. 1 tank, as well as the base mounted diesel tank on the generator do not appear upon the registration certificate." (page 2.0-5). Under the Costs Section, the Report notes that "... removal of the tank is not required but we strongly recommend this be done prior to any contamination of the site." The cost to perform this work was estimated at $ 5,000 (page 3.1-1), and assumes no leakage or soil contamination. Please feel free to contact this office if you have any questions or comments regarding this matter. 0 Page 1 Memo To: Greystone Programs, Inc. — attention: Mr. Rod Tortarella from: Peter J. Paggi W CC: Hon. Joseph Ruggiero, Supervisor—Town of Wappinger Town Board: File Hon. Gloria Morse, Town Cleric Gerald Terwilliger, Town Comptroller Ira D. Conklin & Sons, Inc. — attention: Mr. Jim Tuttle Date: 02/22/03 Re: Underground Storage Tank (UST) Tightness Testing Greystone Property: Wheeler Hill Road, Town of Wappinger Comments: VIA FAX & MAIL Please be advised that the underground fuel storage tank tightness testing has been scheduled for Friday February 28, 2003. The Contractor, Ira D. Conklin & Sons, Inc. has indicated that the test should require 2 t hours to complete. We would ask that you have someone from your facility maintenance staff onsite to aid the Contractor as necessary. Please feel free to contact this office if you have any questions or comments regarding this matter. Thank you for your consideration. RECEIVED SJQRAWINGWROJECTJDOCUMENTS/greystone.UST.2.21.03 FEE `; 4 403 TOWN CLERK 0 Page 1 Memo Ta Hon, Joseph Ruggiero, Supervisor- Town of Wappinger From Peter J. Paggi CC: Town Board: File Hon. Gloria Morse, Town Clerk Gerald Terwilliger, Town Comptroller Greystone Programs, Inc. -- attention: Mr. Rod Tortarella DabK 02/20/03 Roe Underground Storage Tank (UST) Tightness Testing Greystone Property: Wheeler Hill Road, Town of Wappinger Comments: VIA FAX & MAIL The following bids were received in response to our February 6, 2003 Request For Proposal (RFP) to perform tightness testing on the 10,000 gallon underground fuel storage tank at the Greystone Property: 1) Ira D. Conklin & Sons, Inc. $ 450.00 + Installation of monitoring well $ 350.00 2) Luzon Environmental Services $ 650.00 + Installation of monitoring well $ 350.00 We have informed Ira D. Conklin & Sons, Inc. that they are the low bidder, and have requested that they schedule the testing to be performed prior to the March 1, 2003 NYSDEC deadline (see attached letter). We have also informed them that all work must be scheduled and coordinated with this office, and Mr. Rod Tortarella of Greystone Programs, Inc. Our office will continue to keep you informed of our progress on this matter. Please feel free to contact this office if you have any questions or comments regarding this ��m++��i j Thank you. �V V ED iO\N SLE 0 Page 1 Memo To: Hon. Joseph Ruggiero, Supervisor- Town of Wappinger From: Peter J. Paggi CC, Town Board: File Hon. Gloria Morse, Town Clerk Hon, Graham Foster, Highway Superintendent Joseph E. Paggi, Jr., P.E. Albert P. Roberts, Esq. Donald Swartz, R.A. Eric Fellenzer, P.E. Data: 06/11/03 Ree Underground Oil Storage Tanks (UST): Greystone Property RECEIVED JUN 17 2003 SUPERVISOR'S OFFICE TOWN OF WAPPINGER VIA FAX & MAIL As part of our efforts to address the NYSDEC concerns regarding the Underground Storage Tanks (UST) at the Greystone Property, I have reviewed the October 26, 1998 "Buildings Study" prepared by Cemiglia & Swartz, P.C. Two items appearto be relevant: 1) Regarding the existing 10,000 gallon underground oil tank, the Report `... strongly recommends all single walled tanks be replaced with double walled monitored units to preclude any future contamination of the site." (page 2.0-5). The cost to perform this work was included under the "Opflonal Items" section (page 3.2-44), and was estimated to be $ 60,000. It was further noted that "This value assumes that no soil contamination has occurred from leakage of the existing tank and that the existing tank is to be removed and property disposed of 2) The Report also makes reference to '.., a 3000 gallon partially buried fuel oil tank in the basement of Building No. 1.0(te: the Mansion). The Report notes furtherthat "... This tank was in use until 1995 and may reportedly contain some amount of product The Building No. 1 tank, as well as the base mounted diesel tank on the generator do not appear upon the registration certficate." (page 2.0-5). Under the Costs Section, the Report notes that "... removal of the tank is not required but we strongly recommend this be done prior to any contamination of the site." The cost to perform this work was estimated at $ 5,000 (page 3.1-1), and assumes no leakage or soil contamination. Please feel free to contact this office if you have any questions or comments regarding this matter. *Page 1 06/10/2003 12:21 8453434986 FELLEN2ER ENGINEER PAGE 01/02 FELLENZFERENGYNEERINGLLP Consulting Engineers 0Middletown Office: 22 Mulberry Street, Suite 2A Middletown, NY 10940 TeL (845) 343-1481 Fax: (845) 343-4986 O .Poughkeepsie Office: 25 Market Street, Suite 501 pough1ceepsie,l3FI'_ 12601 Tel.: (845) 434-9704 Fax: (845) 454-9705 Oport Jervis Office: 32 Front Street Port Jervis, NY 1277,1 TeL (845) 856-3600 ,Fax: (845) 856-3734 www.fellp.com Professional Engineers fe@,fellp.com ,Lic. NY, NJ, FA, CT, MA, R1, VT. FL FAX MEMO To: Ho. Joseph Ruggiero, 297-4558 CC: Joseph Paggi, Jr. P.E., 471-0905 From: Eric D. Fellenzer PE Date: June 10, 2003 Re: Oil Tank Replacement ; Greystone Estates Joe: Pursuant to my conversation with Jay Paggz P.E., Town Engineer today about the above referenced project the following is provided. It is my understanding the town has an existing 10,000—gallon. below grade fuel tank for the Greystone property which has recently failed one of its scheduled tests. This tank supplies heating oil to the facility. The tank in question was put into service in 1957. Due to its age and construction, (likely single wall steel), the tank is to be removed. Size, type, and location of replacement tank will be determined based on existing and future demand load. Due to the fast track nature of this project, a temporary tank may be required. Fellenzer Engineering, LLP has completed numerous designs of similar project size and is prepared to fast track the design and assist in implementation of this critical project. Our most recent projects have been completed for Monroe — Woodbury and Clarkstown Central School Districts. In order to expedite the project, we would like to meet with facility personnel at th.e site as soon as practical. 06/10/2003 12:21 8453434986 FELLENZER ENGINEER PAGE 02/02 FAx mmo — GREYSTOIVE ESTATES FE PROJECT NO. 03-339 To assist in tank sizing, past fuel bills as well as building square footages would be helpful. An existing site plan of the prof eat area may also expedite the approval process. Our firm will make ourselves available for a site visit as soon as practical. Should you have any questions, please advise. Sincerely, Eric D. Fel enzer PE Partner EDF/emh FELLENZERWGINEERINGLLP Consulting Engineers ®Middletown Office: ❑ Poughkeepsie Office: ❑Port Jervis Office: 22 Mulberry Street, Suite 2A 25 Market Street, Suite 501 32 Front Street Middletown, NY 10940 Poughkeepsie, NY 12601 Port Jervis, NY 12771 TeL (845) 343-1481 TeL (845) 454-9704 Tel.: (845) 856-3600 Fax: (845) 343-4986 Fax: (845) 454-9705 Fax: (845) 856-3734 www.fellp.com Professional Engineers fe@fellp.com Lic. NY, NJ, PA, CTWRIVTFL BID MEMO TO: Hon. Joseph Ruggiero and Town Board Members CC: Joseph Paggi, Jr. P.E., 471-0905 From: Eric D. Fellenzer PE Date: July 7, 2003 Re: Oil Tank Replacement — Greystone/Camwath Estates Mr. Ruggiero and Town Board Members: The bid(s) for the above referenced project were opened today. The following is provided: Only one bid was received: Orchard Earth and Pipe Corporation, 550 Charles Ave., Solvay, N.Y. 13029. Base bid amount: $149,550 Add alternate tank removal (mansion) $2,500 Unit Prices are as follows: Contaminated soil removal: $1251 Cubic Yard Contaminated ground water removal: $2.751 Gallon Fuel tank water/sludge removal: $400.001 Drum Credit for useable fuel: $0.00/ Gallon The base bid was approximately 18% higher than our in house estimate of $127,000. Several options exist as follows: 1) Accept the bid as presented. This will enable the Town to proceed immediately with the work, and avoid possible delays or fines imposed by regulatory agencies. Pursue the possibility of cost saving measures while working with the contractor in providing an equivalent system. 2) Re bid the project allowing additional time for contractors to respond. The risk associated with this course of action is a potential delay in project completion, which may result in project completion early mi the heating season. This may also increase the chance of a violation from the FAX MEMO — GREYSTONE ESTATES FE PROJECT NO. 03-339 NYS DEC. "6 NYCRR Part 613, requires a prompt repair, replacement or closure of a tank that fails a tightness test." Sincerely, Eric D. Fel enter, PE Principal WILLKIE FARR & GALLAGHER THOMAS M. ROTHMAN 212 728 8269 trotbrnan@wiilkie.com 787 Sevenrh Avenue New York, NY 10019-6099 Tel: 212 728 8000 Pax: 212 728 8111 August 5, 2003 Ms. Gloria J. Morse Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590-0324 Re: Town of Wappinger, Dutchess County, New York Removal of Existing & Purchase & Installation of New Fuel Tanks at the Former Greystone Estate Our File: 090427-00385P Dear Gloria: Thank you for returning to us original printer's affidavits of publication of the legal notice of estoppel. Our file for this matter is now complete and we will hold the same in abeyance pending further instruction concerning the issuance of obligations. With best wishes, Very truly yours, Thomas M. Rothman TMR:td RECEIVED AUG -.. 7 2003 TOWN CLERK NEW YORK WASHINGTON, DC PARIS LONDON MILAN ROME FRANKFURT BRUSSELS TOWN OF WAPPINGER TOWN CLERK GLORIA J. MORSE August 1, 2003 Thomas Rothman Will'kie Farr & Gallagher 787 Seventh Avenue New York, NY 10019 TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L_ VALDATI Re: Town of Wappinger, Dutchess County, New York Removal of Existing & Purchase & Installation of New Fuel Tanks at the Former Greystone Estate File No. 090427-0038 Dear Tom: Enclosed, are the original printers' affidavits of publication of the legal notice of estoppel from the Southern Dutchess News and the Poughkeepsie Journal reference the above bond resolution that was adopted on June 23, 2003. Sincerely, Gloria J. o se Town Cle ' GJM/fh enclosure WILLKIE FARR & GALLAGHER THONIAS M. ROHINIAN 2 12 1`28 8269 Coln July 14, 2003 Ndvv Ynd, XY W019 60T� 7'2("" 8(wo Ms. Gloria J. Morse Town Clerk Town of Wappinger Town Clerk's Office 20 Middlebush Road Wappingers Falls, NY 12590-0324 Re: Town of Wappinger, Dutchess County, New York Removal of Existing & Purchase & Installation of New Fuel Tanks at the Dormer Greystone Estate Our File No. 090427-00385P Dear Gloria: Thank you for your letter of July 10 forwarding a certified copy of the June 23, 2003 bond resolution as well as original printer's affidavits of publication of the legal notice of adoption and the Clerk's affidavit of posting. The proceedings are in proper form and have been added to our file for this matter. As you know, the bond resolution was adopted subject to permissive referendum. Therefore, an additional legal notice must be published after the permissive referendum period has elapsed. We have prepared and enclose a form for the publication of the legal notice of estoppel of the bond resolution which should be published, together with a fall copy of the bond resolution itself, as soon as the permissive referendum period has elapsed on July 23, 2003 (assuming, of course, that no petition has been filed). When available, please furnish us with an original printer's affidavit of publication of the legal notice of estoppel.. -7? With best wishes, Very truly yours, Thomas M. Rothman TMR:td Enclosure RECEIVED I TOWN CLERK N[�Iw YORK WASHINCFON, DC' PARIS LONDON MH,,1N RONIF FRANIMUM7 BRU�S�.Ls