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2005-04303/28/2005.RGM RESOLUTION NO. 2005-43 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR DESIGN OF EMERGENCY ELECTRICAL GENERATOR SYSTEM The following Resolution was introduced by Councilman Valdati and seconded by Councilman McCarthy. WHEREAS, Eric D. Fellenzer, P.E. of Fellenzer Engineering, LLP has - submitted a proposed contract dated February 10, 2005 to Graham Foster, Highway Superintendent, totaling Eight Thousand, Nine Hundred Dollars ($8,900.00) detailing a proposal to perform engineering services for the design of a new Emergency Electrical Generator System for the Town Highway Garage (the "Proposed Contract"), a copy of which is attached hereto as Schedule "A"; and WHEREAS, Highway Superintendent Foster reviewed the above -referenced 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-(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 contract for engineering services for the design of the Electrical Generator System is a Type II 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 a new Emergency Electrical Generator System for the Town Highway Garage 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 York 10940, subject to the revisions to the contract as prepared by Albert P. Roberts, Attorney to the Town, and attached hereto as Schedule "B". 20 03/28/2005.R.GM 3. The Town Board hereby agrees to enter into and be bound by the terms of the above -referenced Proposed Contract and hereby authorizes Town Supervisor Joseph Ruggiero to execute the Proposed Contract in substantially the same form as attached hereto as Schedule "A" as amended as by Schedule "B". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 200544 RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY SUBJECT TO PERMISSIVE REFERENDUM The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, pursuant to Resolution No. 2005-26, the Town Board adopted a Resolution granting a Revocable License Agreement to the Sports Museum of Dutchess County in accordance with the terms and conditions set forth in said Resolution; and WHEREAS, subsequent to the adoption of the Resolution, the Attorney for the Sports Museum has requested certain changes to the proposed License Agreement, which changes have been approved by the Attorney !to the Town, Albert P. Roberts; and WHEREAS, it has been since determined that the granting of a License Agreement to the Sports Museum of Dutchess County is subject to a permissive referendum in accordance of Article 7 of the Town Law of the State of New York; and WHEREAS, the revised changes are highlighted in the revised Revocable License Agreement which is attached hereto and made part hereof marked and designed Schedule "1"; and WHEREAS, the Town Board hereby reconfirms all of the dispositive M0 provisions of Resolution No. 2005-26 adopted by the Town Board at its regularly scheduled Town Board Meeting on February 14, 2005; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board 21