2003-2121 I
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 181h
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. Paoloni
Christopher J. Colsey
The following Resolution was introduced by Mr. Valdati
Mr. Colsev
and seconded by
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 Law, Navigation Law and related rules and regulations associated with a UST
failing a leak detection test; and
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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.
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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 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
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Dated: Wappingers Falls, New York
August 18, 2003
The Resolution is hereby duly declared adopted.
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VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL:
KENNETH M. STENGER IRA A. PERGAMENT
ALBERT P. ROBERTS (845) 298-2000 LEGAL ASSISTANT:
LOUIS J. VIGLOTTI FAX (845) 298-2842 AMY E. DECARLO
JOAN F. GARRETT**
THOMAS R. DAVIS a -mail: VSRPOBestWeb.net
EMANUEL R SARIS
KAREN P. MACNISH
KEVIN T. MCDERMOTT
STEVEN K. PATTERSON
JAY B. RENFRO
•ADMITTED TO PRACTICE
IN NY & FLA.
**ADMITTED 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:
POUGHKEEPSIE OFFLCE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
PINE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PINE PLAINS, NY 12567
(518) 398-9857
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
( ) PINE PLAINS
Enclosed please find the amended Resolution awarding the contract for emergency
repairs to Carnwath Mansion's oil tanks as adopted by the Town of Board on August 18,
2003.
Very truly yours,
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
EP. ROBERTS
. R/bg
Enclosures
cc: Hon. Joseph Ruggiero, Supervisor
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