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2005-10307/05/2005.WS exceeded the estimated cost of $88,500.00 to be financed by serial bonds in accordance with the aforementioned Resolution, and also exceeded such maximum estimated cost by more than 70% (percent); and WHEREAS, no other bids were received or opened; and WHEREAS, the Town has expressly reserved the right to reject and submit for re -bidding under such circumstances; and WHEREAS, the Engineer to the Town, Paggi, Martin & DelBene, in furtherance of the proposed re -bid shall take into consideration all relevant factors including market conditions for the requisite Amended Map, Plan and Report. 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 bid received, opened and submitted by Cassidy Excavating, Inc. in the sum of $118,216.00 is rejected. 3. The Town Board authorizes the Attorney to the Town and the Engineer to the Town to take all steps necessary to re -bid the Project known and referred to as "Fleetwood Water II District Extension" on a date and time in accordance with all procedural and due notice requirements. 4. The Engineer to the Town, Paggi, Martin & DelBene, is hereby authorized to prepare an Amended Map, Plan and Report in furtherance of such re -bid for review by the Town Board and the Attorney to the Town, Albert P. Roberts. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-103 RESOLUTION AUTHORIZING THE TERMINATION OF EASEMENT THROUGH PROPERTY OF OAK STREET PROPERTIES, LLC, SUBJECT TO PERMISSIVE REFERENDUM The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, by Resolution 2005-49, the Town Board, on behalf of the Wappinger Park Water District authorized the termination of a certain water line easement located on properties owned by Oak Street Properties, LLC; and 10 ,L 07/05/2005.WS WHEREAS, it has subsequently been determined that such lease termination should have been accomplished by Resolution subject to permissive referendum; and WHEREAS, the consideration for such lease termination is the completion of all the work required for the extension of the water service line along the west side of U.S.': Route 9 from Old Hopewell Road to adjacent property owned by Heartland, LLC., deactivation of the well line and water service of the water lines through the abandoned easement area all in accordance with a letter of Paggi, Martin and Del Bene to the Planning Board dated January 20, 2005, which work the Town Board hereby determines to be fair and adequate consideration for the termination of this easement. 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 reconfirms Resolution No. 2005-49 authorizing the termination of certain water line easement through lands now owned by Oak Street Properties, LLC. 3. The Town Board further determines that the work to be undertaken by Oak Street Properties, LLC and/or North American Properties, Inc. as above stated is fair and adequate consideration for the termination of the easement. 4. This Resolution is adopted subject to permissive referendum. The Town Board is directed to publish notice of adoption of this Resolution in an official newspaper of the Town as soon as practical, with the cost of said publication to be paid by or on behalf of Oak Street Properties, LLC. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-104 RESOLUTION AUTHORIZING PROPERTY OF HEARTLAND, LLC TO CONNECT TO WAPPINGER SEWER TRANSWUSSION/TREATA ENT IMPROVEMENT AREA PHASE SA, AS A TENANT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. 11