2005-042RESOLUTION NO. 2005-_42.—
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
FOR DESIGN OF FUEL STORAGE TANK
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 28"'
day of March, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Joseph P. Paoloni
Robert L. Valdati
Vincent F. Bettina
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Mr. Bettina and seconded by
Ms McCarthy
WHEREAS, Eric D. Fellenzer, P.E. of Fellenzer Engineering, LLP submitted a letter
dated June 16, 2004 to Graham Foster, Highway Superintendent detailing necessary upgrades
and improvements to the existing fuel oil tanks within an estimated cost of One Hundred and
Fifty Thousand Dollars ($150,000) located at the Town Hall and Highway Garage Facility to
meet the New York State Department of Environmental Conservation requirements, a copy of
said letter is attached hereto as Schedule "A"; and
WHEREAS, Eric D. Fellenzer, P.E. of Fellenzer Engineering, LLP submitted a proposed
contract dated February 10, 2005 to Joseph Ruggiero, Town Supervisor, totaling Eleven
Thousand, Two Hundred Dollars ($11,200) detailing a proposal to perform engineering services
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for the design of new fuel oil tanks (the "Proposed Contract"), a copy of which is attached hereto
as Schedule `B"; and
WHEREAS, Albert P. Roberts, Attorney to the Town, has recommended certain
additions, alternations and amendments to the Proposed Contract; and
WHEREAS, Highway Superintendent Graham Foster has reviewed the above -referenced
Proposed Contract for engineering services and recommends authorization to proceed; and
WHEREAS, Town Supervisor Joseph Ruggiero has reviewed the Proposed Contract for
engineering services and recommends authorization to proceed; and
WHEREAS, the Proposed Contract is exempt from the competitive bidding
requirements of § 103 of General Municipal Law as well as the Town of Wappinger Procurement
Policy pursuant to Town Code § §46-3(A) because this is a professional service contract subject
to state licensing and/or testing requirements that requires substantial formal training; and
WHEREAS, the Town Board has determined that the execution of the proposed contract
for engineering services for the design of the Fuel Storage Tank is a Type E action pursuant to 6
NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New
York State Environmental Quality Review Act (SEQRA).
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 determines that it is in the best interest of the citizens of the
Town of Wappinger to enter into the Proposed Contract for the design of new fuel oil tanks
between the Town of Wappinger, Dutchess County, State of New York and Fellenzer
Engineering, LLP with its office located at 22 Mulberry Street, Suite 2A, Middletown, New
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York 10940, subject to the revisions to the Proposed Contract as prepared by Albert P. Roberts,
Attorney to the Town, and attached hereto as Schedule "C".
3. The Town Board hereby agrees to enter into and be bound by the terms of the
Proposed Contract and hereby authorizes Town "Supervisor Joseph Ruggiero to execute the
Proposed Contract in substantially the same form as attached hereto as Schedule `B" as amended
by Schedule "C".
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting
JOSEPH P. PAOLONI, Councilman
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
MAUREEN MCCARTHY, Councilwoman
Dated: Wappingers Falls, New York
March 28, 2005
Voting
Voting
Voting
Voting
Aye
Aye
Aye
Aye
Aye
TI,P R ecnlution is hereby duly declared adopted.
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