2005-4
TOWN OF WAPPINGER
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-2744
FAX: (845) 297-4558
June 29, 2005
Hon. Chris Masterson, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re:
Town of Wappinger
Executive Order No. 2005-4
RECEIVED
JUN 2 9 2005
TOWN CLERK
Dear Mr. Masterson:
As Town of Wappinger Supervisor, I have issued Executive Order No. 2005-4.
Enclosed please find a copy for your records.
If you have any questions, please feel free to contact my office at (845) 297-2744.
Thank you for your help in this matter.
Sincerely,
L~ .
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a::ho~ir appinger
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TOWN OF WAPPINGER
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS. NY 12590
(845) 297-2744
FAX: @4!:iL?97-4558
TOWN OF WAPPINGER
Executive Order No. 2005-4
WHEREAS, on or about April 28, 2005, the Town of Wappinger received a Field
Citation (No. II-UST -FC-l 031) from the United States Environmental Protection Agency (EP A)
following an inspection of underground storage tanks (UST) at the Town of Wappinger
Highway Department; and
WHEREAS, the terms of the Field Citation required that within thirty days of issuance,
or within sixty days if an extension is requested and granted, the Town of Wappinger correct the
violation(s), pay the penalty, and return the original Field Citation with the "Compliance
Order/Settlement Agreement" executed by Town of Wappinger Highway Superintendent; and
WHEREAS, prior to the issuance ofthe Field Citation, the Town had contracted with
Fellenzer Engineering, a qualified engineering firm, to prepare design and bid specifications to
bring all the Town of Wappinger UST's into compliance; and
WHEREAS, On May 11, 2005 the aforementioned specifications were advertised for
bid; and
WHEREAS, On May 20, 2005 bids were opened and a contract for $150,000.00 was
awarded by the Town Board of the Town of Wappinger to Ira D. Conklin and Sons, Inc. on May
23, 2005; and
WHEREAS, on May 26,2005 the Town of Wappinger forwarded correspondence to the
EP A requesting a thirty day extension to comply with the Field Citation and remitted a penalty
payment in the amount of $750.00;
WHEREAS, by letter dated June 6, 2005 the EP A granted the request to extend the
compliance deadline to June 28, 2005; and
WHEREAS, Chief Dennis McChesney of the Ground Water Compliance Section of the
EP A granted the request on behalf of the Town of Wappinger to extend the compliance deadline
to June 28,2005; and
WHEREAS, Chief McChesney further indicated in his correspondence that the EP A will
withdraw the Offer of Settlement under its Field Citation Program and initiate a formal
enforcement action, which may result in penalties of up to $11,000.00 per UST per day of
violation in the event that the Town of Wappinger does not comply with the Field Citation
requirements; and
WHEREAS, the Town of Wappinger had previously enacted Local Law No. 2005-3
entitled "Apprenticeship Training Programs for Town Construction Contracts" which requires
that any contractor that has a construction contract with the Town of Wappinger must have an
Apprenticeship Agreement appropriate for the type and scope of work to be performed and
which has been registered with and approved by the New York State Commissioner of Labor in
accordance with Article 23 of the New York State Labor Law; and
WHEREAS, it has been determined that Ira D. Conklin and Sons, Inc. does not have an
Apprenticeship Training Program that has been registered with and approved by the New York
State Commissioner of Labor and will be unable to comply with such requirements in a timely
fashion; and
WHEREAS, in order to facilitate the prompt remediation of the violations noted in the
above referenced Field Citation, the provisions of Local Law 2005-3 must be suspended so as to
permit Ira D. Conklin and Sons, Inc. to immediately enter into a contract with the Town to
commence the work for the project entitled "Field Fuel Oil Tank Highway Garage and Town
Hall" in accordance with the bid specifications prepared by Fellenzer Engineering, LLP and for
which Ira D. Conklin and Sons, Inc. was the successful bidder; and
WHEREAS, according to Ira D. Conklin and Sons, Inc., the Performance Bond and
Payment Bond required by the bid specifications cannot presently be obtained because the
bonding company customarily used by Ira D. Conklin and Sons, Inc. has gone out of business;
and
WHEREAS, Ira D. Conklin and Sons, Inc. is attempting to obtain a Performance and
Payment Bond from another surety company and pending procurement of same will provide the
personal guarantee of Joseph Sovino, the Majority Shareholder and CEO oflra D. Conklin and
Sons, Inc., pending procurement of the required Performance and Payment Bond issued in favor
of the Town Wappinger; and
WHEREAS, the Town is under time constraints to make the necessary repairs and
improvements to the underground fuel storage tanks as above specified; and
WHEREAS, Ira D. Conklin and Sons, Inc. is willing to undertake all work required by
the contract, and not receive any interim payments, until the required work has been completed
and approved by the Supervising Engineer, Fellenzer Engineering LLP, and releases of liens
have been filed by all subcontractors and/or until the required Performance Bonds and Payment
Bonds have been issued in favor of the Town of Wappinger, in form acceptable to the Attorney
to the Town; and
WHEREAS, Joseph Sovino, the Majority Shareholder and CEO of Ira D. Conklin and
Sons, Inc. is willing to provide a personal guarantee to the Town of Wappinger to guarantee the
due performance of all the work required in the above referenced project, to guarantee that all
materialmen and subcontractors are paid in due course, and to otherwise guarantee that all of the
contract work is completed in accordance with the bid specifications.
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NOW, 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 Field Citation (No. 11- UST - FC-103 I ) issued by the EP A regarding the UST's
located at the Town of Wappinger Highway Department and Town Hall and that immediate
measures are required to: (1) install the requisite UST equipment at all facilities referenced in
the Field Citation and Compliance Order/Settlement Agreement, (2) comply with any and all
Field Citation requirements pursuant to the Compliance Order/Settlement Agreement, (3)
suspend Local Law 2005-3 to permit Ira D. Conklin and Sons, Inc. to immediately commence
the remediation work required for the project entitled "Fuel Oil Tank Highway Garage and Town
Hall" for which it was awarded the bid by Resolution of the Town Board on May 23,2005, (4)
accept the personal guarantee of Joseph Sovino, Majority Shareholder and CEO ofIra D.
Conklin and Sons, Inc. pending receipt by the Town of Wappinger of a Performance Bond and
Payment Bond to guarantee all of the work for the aforementioned project, and (5) provide proof
of compliance and an executed original Field Citation to the EP A as soon as possible.
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 provisions of Local Law 2005-3 entitled "Apprenticeship Training Programs
for Town Construction Contracts" are hereby suspended for the limited purpose of confirming
the award of the bid for the Project entitled "Fuel Oil Tank Highway Garage and Town Hall" to
Ira D. Conklin and Sons, Inc. for the total bid price of $150,000 per the letter of Eric Fellenzer to
the Town of Wappinger dated May 28,2005.
3. Ira D. Conlkin and Sons, Inc. is hereby directed to commence work on the
aforementioned contract immediately so as to meet the time deadlines set forth in the EP A letter
dated June 6, 2005.
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) install the requisite UST equipment at all facilities referenced in the Field Citation and
Compliance Order/Settlement Agreement, (2) comply with any and all Field Citation
requirements pursuant to the Compliance Order/Settlement Agreement, and (3) provide proof of
compliance and an executed original Field Citation to the EP A as soon as possible:
Superintendent of Highways, Fire Inspector, Building Inspector, Town Clerk, Engineer to the
Town, and Attorney to Town.
5. I hereby direct that the requirements for a Performance Bond and Payment Bond
required in the bid specifications be hereby suspended, on condition that Ira D. Conklin and
Sons, Inc. immediately commence work and that Joseph Sovino, the Majority Shareholder and
CEO ofIra D. Conklin and Sons, Inc., personally guarantee the due performance of the terms,
covenants and conditions in the bid specifications and in the contract for the Project entitled
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"Fuel Oil Tank Highway Garage and Town Hall", said personal guarantee to be in form
satisfactory to the Attorney to the Town, Albert P. Roberts.
6. The personal guarantee to be given by Joseph Sovino will be released upon Ira D.
Conklin and Sons, Inc. supplying the Town of Wappinger with a Performance Bond and
Payment Bond in favor of the Town of Wappinger in connection with the above referenced
project, said Performance Bond and Payment Bond to be in form satisfactory to the Attorney to
the Town, Albert P. Roberts.
7. This Executive Order is effective immediately, and shall remain in effect for a
period of fifteen days or until rescinded or extended as circumstances dictate.
Itf(:,
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