2003-06-23 RGMMonday, June 23, 2003
7:30pm
Wappinger Town Hall
AGENDA
Call to order
Roll Call, salute to the Flag
Suspension of Rules for Public Comment on Agenda Items
Discussions:
. Fleetwood Water District Extension
• Wappinger Park Water District
• Greystone oil tank replacement
• Smithtown Road Alvarez Session (executive Session)
Receipt and Approval of Town Board Minutes:
May 27, 2003 Regular Meeting
June 9, 2003 Workshop
Correspondence Log:
2003-209 to 2003-268
Resolutions:
2003-173 Resolution Authorizing Alamo Ambulance Contract
2003-174 Resolution Authorizing Partial Escrow Refund To Friendly Mercedes
2003-175 Resolution Adopting Conservation Easement At Greystone
2003-176 Resolution Authorizing Residents On Kretch Circle To Have A Block Party
2003-177 Resolution Authorizing Wells Drilled
2003-178 Resolution Authorizing Apple Sauce Lane Pond Aeration Project
2003-179 Resolution Authorizing Bond To Replace Oil Tank At Greystone
2003-180 Resolution Authorizing Budget Amendment
2003-181 Resolution Authorizing The Town Board To Submit A 2003 EPF Grant Fund For LWRP
Program.
2003-182 Resolution Confirming Executive Order 2003-4 for Greystone Oil Tank
2003-183 Resolution Setting the Public Hearing for Special Use Permit of Central Hudson Substation
Extension.
2003-184 Resolution authorizing placement of Correspondence Log
New Business
Adj ournment
06/23/2003.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held on
June 23, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Ruggiero opened the meeting at 7:32 p.m.
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS.
Councilman Bettina moved to suspend the rules for public comment, seconded by
Councilman Colsey and unanimously carried
Supervisor Ruggiero wished to know if anyone in the audience wished to discuss
any of the Resolutions before the Town Board this evening? Glen Cramer, Chief of
the Hughsonville Fire Company had some concerns regarding Resolution #173
Authorizing the Alamo Contract. " I have attended several meetings regarding an
Ambulance provider for the town. The members of Chelsea & Hughsonville fire
districts here tonight, have the same concerns. Alamo is going to take over the
entire Southern Dutchess County and there will be no one to help when they are
unavailable to answer calls. At 5:30 tonight, the Town of Fishkill had a call to the
Rombout Fire District requesting their assistance to an auto accident, and they
were not available. Sloper had to handle the call. Since Sloper will not be available
as of July 1St, who will answer the calls? There was a 20 minute response time on
one call on 6/19 and on the 22nd there were no units available, nor were they on any
other Dutchess County calls. I feel the town board should table this Resolution and
get all the facts. If I need mutual aid on the scene, who can I call. We can call
Arlington, but they may take 20 minutes to respond. Arlington has just recently
opened up their paramedics to go mutual aid. Their tax payers used to keep their
paramedic units within their districts. If we continue to call them, they may close
their doors to us, and the town will have no one. Although Alamo is taking over
Sloper, they are not getting 50% of the employees. Half of them went to
Westchester, and some are going to Mobile Life. If something major happens in our
town, who can we call to assist us? Just tonight they had a medic unit sitting in
Beacon, but they didn't send it to the Town of Fishkill. I think we are creating a
major monopoly in this town, before we get all the facts. Two of the major fire
districts in the town of Wappinger are not in agreement with the town to sign with
06/23/2003.RGM
Alamo. Several of the elected officials have also voiced their opinion." Supervisor
Ruggiero explained that. " We are mandating in the contract that 3 ambulance be
based in the town of Wappinger to serve the town 24 hours a day 7 days a week.
When Mobile Life gave a presentation they had offered 3 ambulances in the
daytime and 2 in the evening which they felt was sufficient coverage for the town of
Wappinger. The town board wants 3x24x7. Alamo has come forward with a
proposed contract that does have penalty clauses in it for delayed response time,
and the town does have the authority to terminate the contract after one year under
town law. They are proposing a 5 year contract with the Town of Wappinger at
$35,000 less than the current Sloper Willen contract. I understand the issues
brought up here tonight, but when Mobile Life gave their presentation, they were
very honest and up front regarding their cost in doing business in the Town of
Wappinger, even with the Village of Wappingers Falls as part of their scenario.
They explained that even with Town and Village subsidy's that they would be losing
$14,000 a month in operating costs unless they were able to expand their business
to other areas. When we hear these figures, we must ask ourselves, how many
months will Mobile Life sustain making a $14,000 a month loss before they make a
business decision that they do not wish to lose money anymore in the town of
Wappinger. A year ago the Town received presentations by Sloper & Alamo, and
the Town went with Sloper, even though their proposal was more than Alamo. The
Town Board went with Sloper because of the long history with Sloper. Unbeknown
to the town, Sloper and Alamo were under negotiations, which went through. We
did hear other proposals. We must accept, in good faith the contract on its face
value that Alamo is pledging to us. One of the luxuries of having Alamo is they are
affiliated with Health Quest and Vassar Brothers Hospital, which can help offset
costs. I thank everyone for coming out this evening with their concerns and
opinions. I have taken all the concerns and requested Council to incorporate them
in the documents that we are going to authorize tonight. We are going to hold
Alamo to time response and if it does not meet with our contract, please let us
know, I will not allow this to stand. The contract before us calls for 3 ambulances
24 hours a day, 7 days a week based in the Town of Wappinger to serve the Town of
Wappinger." James Tompkins Fire Chief of Chelsea Fire District said in
response to ambulance services taken loses: " Alamo has a contract with the
Rombout Fire District for 2 ambulance at approximately $36,000 per year and when
they were called to respond in Fishkill recently, Sloper had to respond because
Alamo was not available. They have limited availability and no back-up. I feel the
Board is making the wrong decision tonight. I would not have my whole
department here tonight if they did not feel this was a major problem. If Alamo is
unavailable, who is going to help them?" Robert Bostwick of Wappinger Falls is
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against signing a contract with Alamo. There were no further comments for public
comment on agenda items.
Councilman Colsey moved to reinstate the rules seconded by Councilman Bettina
and unanimously carried.
DISCUSSIONS:
Fleetwood Water District Extension. Jay Paggi gave a presentation on the
state of wells off Osborne Hill Road and the proposal that has been
developed by the Town Board. for the residents to connect to the Village of
Fishkill water distribution system. The cost to connect to the water
distribution in Fishkill would be $88,000 and would cost each resident
approximately $185 per year and the O&M charge, if they opt to hook into
the system would average around $50 per quarter. The $185 would be a line
item on your January tax bill. There was some questions about the location
of the trenches that would be dug to install the pipes. Mike Tremper of
CAMO Pollution explained that once the curb valve is installed by the
Engineer, it is the homeowners responsibility to run the line from his home.
to the curb valve. Mr. Paggi also explained the process of calculating benefit
units to the residents. Mike Hill of 174 Osborne Hill Road said he and six
other members of his family were in favor of the project and wished to know
how soon they would be able to hook in. Mr. Paggi explained that when you
hook into the system, the old existing wells must be abandoned. If you wish
to maintain it for watering gardens, that is acceptable, but you can not have
any connections between your plumbing and the well. Al Roberts, Attorney
to the Town explained the administrative process would take 4 months.
Supervisor Ruggiero announced ff the Board decides to move forward with
the project, there will be a formal Public Hearing to get the input from the
residents.
Wappinger Park Water District. Jay Paggi, Engineer to the Town explained
that, due to increase in Chloride, Sodium and MTBE levels in Wappingers
Park, the Health Department has mandated the Town of Wappinger to
connect to a larger system (Central Wappinger Water) . The district consists
of 77 homes and 11 commercial establishments and is proposed to connect to
the existing water system of the Alpine Shopping Center, run a line down Old
Route 9 and then to Cayuga Drive. Mike Tremper of CAMO explained that
the present system does not have a stand by generator in case of a power
outage. The quality of water is the issue and runs between 24 and 30 grains.
The water from the Central Wappinger Water has little or no mineral count,
no quality issues and the hardness would run between 12 and 14 grains. Mr.
Paggi explained how the connections would be made utilizing a tunnel under
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Route 9. The homes will all be metered. The charge for water will range
from $33 to $85 per quarter, depending on usage. The town was given a
grant for $102,150.00 to assist in the construction of this water line. This
money will be applied to that portion of the cost realized by the 77 homes.
The total cost to perform the work is $780,000.00. It will cost $724,000.00 to
construct the pipe and $55,000.00 to construct the service connections into
the 11 commercial establishments along Old Route 9. We applied the grant
of $102,150.00 to the $724,000.00 leaving $620,000.00 to amortize for the
Wappinger Park residents. That equates to a capital cost of approximately
$318 per year for the 77 Wappinger Park residents and the O&M charges
would drop from $85 to $33 per quarter. There will be no charge for the
residents to hook in to the water and it will be metered. They hope to
complete the bulk of the project this construction season.
• Greystone Oil Tank Replacement. Jay Paggi, Engineer to the Town
announced that February of this year the Town was notified that we had to
make an application to DEC for transfer of ownership of the Greystone
properties as relates to the existing oil tank facilities. They must be tested
every five years and one of the tanks failed the test. It was determined that
the tank was 55 years old. He felt it would be in everyone's best interest to
remove the tank and replace it with a state of the art tank. The state has
said that tank must be replaced quickly. They recommended the town retain
a mechanical engineer to prepare the plans and specs for this removal and
installation of a new tank. Attorney to the Town Al Roberts explained an
Executive Order was issued by the Town Supervisor declaring an emergency
suspending the procurement policy so that these issues could be attacked
immediately and the Resolution that is before the board tonight reiterates
all the language in the Executive Order and basically ratifies the executive
measures.
• Smithtown Road Alvarez (Executive Session)
RECEIPT & APPROVAL OF MINUTES
The Minutes of the Regular Meeting of May 27, 2003 and Workshop Meeting of
June 9, 2003 having previously been forwarded to the Board Members, were now
placed before them for their consideration.
Councilman Colsey moved to accept the above stated Minutes as submitted by the
Town Clerk be and they are hereby approved.
Seconded by Councilman Paoloni
Motion Unanimously Carried
RESOLUTION NO. 2003-184
RESOLUTION AUTHORIZING PLACEMENT OF
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CORRESPONDENCE LOG ON FILE
The following resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
BE IT RESOLVED, that the letters and communication itemized on the attached
Correspondence log are hereby accepted and placed on file in the Office of the Town
Clerk.
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
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-174
RESOLUTION AUTHORIZING REFUND OF OVERPAID ESCROW FUNDS
TO M.D.A. ASSOCIATES ON BEHALF OF FRIENDLY MERCEDES'
SITE PLAN APPLICATION
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, Michael Ostrow submitted a commercial site plan application for
Friendly Mercedes that included a fee of Nine Thousand, One Hundred and Forty
Dollars ($9,140.00) in connection with new construction and parking spaces on the
premises of Friendly Mercedes; and
WHEREAS, revised escrow calculations for this commercial site indicates a lower
application fee in the amount of Seven Thousand, Six Hundred and Twenty Dollars
($7,620.00) instead of the submitted fee of Nine Thousand, One Hundred and Forty
Dollars ($9,140.00); and
WHEREAS, the Town of Wappinger Zoning Administrator, Tatiana Lukianoff, in a
letter dated June 2, 2003, attached hereto, has recommended a refund in the
amount of One Thousand, Five Hundred and Twenty Dollars ($1,520.00) made
payable to M.D.A. Associates reflecting the lower application fee pursuant to the
commercial amended site plan application submitted by Michael Ostrow on behalf
of Friendly Mercedes.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
That payment is approved in the amount of One Thousand, Five Hundred and
Twenty Dollars ($1,520.00) made payable to M.D.A. Associates for the refund of
overpaid escrow funds deposited in furtherance of the commercial amended site
plan application for Friendly Mercedes.
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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
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-175
RESOLUTION TO AUTHORIZE AN INDENTURE ESTABLISHING
A CONSERVATION EASEMENT
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Colsey.
WHEREAS, in 1998, the Town acquired property then known as the Greystone
Estate and now known as the Carnwath Estate located on Wheeler Hill Road in the
Town with frontage along the Hudson River; and
WHEREAS, the property consists of approximately 99.5 acres of land, portions of
which are improved by a 19th mansion, a dormitory building, a large chapel, a
carriage house and other related buildings and detached structures; and
WHEREAS, the Town has made application to the County of Dutchess for a Grant
to defray the cost of the purchase of this property through the Dutchess County
Open Space and Farmland Protection Matching Grant Fund for $280,000; and
WHEREAS, as a precondition to receiving such funds, the Town must impose a
certain Conservation Easement on the use of this property; and
WHEREAS, the Town wishes to exclude from the Conservation Easement
approximately 20 acres surrounding the aforementioned buildings, as more
particularly set forth on a survey map prepared by Paggi, Martin & Del Bene, LLP,
dated June 13, 2003, a copy of which is on file in the Office of the Town Clerk of the
Town of Wappinger; and
WHEREAS, the Town wishes to impose the Conservation Easement on a portion of
the Carnwath Estate more particularly described in Exhibit "A" attached hereto
and made part hereof; and
WHEREAS, the Town Board wishes to impose Conservation Easements in the form
required by the County of Dutchess and the Dutchess Land Conservancy, Inc.
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 determines that it is in the best interest of the
citizens of the Town of Wappinger for the preservation of the natural beauty, scenic
views and vistas of the Carnwath Estate to declare a Conservation Easement over
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portions of the Estate in the form and manner required by the County of Dutchess
and Dutchess Land Conservancy, Inc. to enable the Town of Wappinger to obtain a
grant from the Dutchess County Open Space and Farmland Protection Matching
Grant Fund.
3. The Attorney to the Town is hereby directed to draft a Conservation
Easement in the format required by the County of Dutchess and the Dutchess Land
Conservancy, Inc. in substantially the same form as attached hereto marked and
designated as Exhibit "B" and to negotiate any changes thereto so as to permit the
Town of Wappinger to qualify for grants from the Dutchess County Open Space and
Farmland Protection Matching Grant Fund.
4. The Engineer to the Town is authorized to prepare any necessary maps,
surveys, and legal descriptions depicting the area of Carnwath Estate which will be
subject to the Conservation Easement and to undertake such other work as is
necessary to implement the directives of this Resolution.
5. The Supervisor to the Town is hereby authorized to execute the Conservation
Easement in substantially the same form as attached hereto marked and
designated Exhibit "B", subject to any changes required by the County of Dutchess
and the Dutchess Land Conservancy, Inc. provided such changes meet the consent
and approval of the Attorney to the Town.
6. The Supervisor to the Town, the Attorney to the Town and the Engineer to
the Town are further authorized to undertake such acts as are necessary to
implement the provisions of this Resolution and to record the Conservation
Easement and any related maps in the Office of the Dutchess County Clerk as soon
as possible.
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
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-176
RESOLUTION TO AUTHORIZE A CLOSING OF
FRANTON DRIVE FOR A BLOCK PARTY
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Bettina
WHEREAS, a request has been made by Denise Forcelli of 5 Kretch Circle to close
Franton Drive for a block party to be held on July 12, 2003, with a rain date of July
13, 2003, between the hours of 12 p.m. through 9:00 p.m.; and
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WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has
authorized the closing of Franton Drive for the block party on July 12, 2003, with a
rain date of July 13, 2003, between the hours of 12 p.m. through 9:00 p.m., with the
exception of emergency traffic.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The Town Board hereby authorizes the closing of Franton Drive for a block party on
July 12, 2003, with a rain date of July 13, 2003, between the hours of 12 p.m.
through 9:00 p.m., with the exception of emergency traffic, pursuant to the request
from Denise Forcelli, attached hereto, and the approval of the Town of Wappinger
Highway Superintendent, Graham Foster.
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
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-178
RESOLUTION AUTHORIZING AN ADVERTISEMENT FOR BIDS
FOR THE PURCHASE OF AN AERATOR SYSTEM FOR
APPLESAUCE LANE POND
The following Resolution was introduced by Councilman Colsey and seconded by
Supervisor Ruggiero.
WHEREAS, a subdivision known as "Ye Old Apple Orchard" was approved by the
Town of Wappinger Planning Board in the early 1970s; and
WHEREAS, Applesauce Lane Pond was created as part of that Subdivision; and
WHEREAS, ownership was shared by and between surrounding landowners and
the Town of Wappinger pursuant to the creation of Applesauce Lane Pond; and
WHEREAS, Applesauce Lane Pond has become stagnant, and as a result thereof,
the growth of algae, lily pads and other organic life has caused the pond to become
substantially more shallow to the detriment of aquatic life; and
WHEREAS, as a result of the stagnation of Applesauce Lane Pond, the oxygen
level of the pond dropped below acceptable levels which further threatened aquatic
life within the pond; and
WHEREAS, the Town of Wappinger wishes to stop and reverse the negative effects
caused by the stagnation of Applesauce Lane Pond by increasing the oxygen level
and inverting the water temperature through the use of aerator fountains to
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achieve proper oxygenation and foster the growth of aquatic life in order to preserve
Applesauce Lane Pond for future generations; and
WHEREAS, Joseph E. Paggi, Jr., P.E. of Paggi, Martin & Del Bene, LLP, Engineer
to the Town, has recommended the installation of aerator fountains and related
appurtenances within Applesauce Lane Pond subject to the competitive bidding
requirements of General Municipal Law §103; and
WHEREAS, Supervisor Joseph Ruggiero has recommended that $22,000 be
apportioned from Parkland Trust to cover the costs associated with the installation
of the aerator fountains and related appurtenances to complete the work to be
performed.
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. Joseph E. Paggi, Jr., P.E. of Paggi, Martin & Del Bene, LLP, Engineer to the
Town, is hereby authorized and directed to advertise for bids for the purchase and
installation of aerator fountains to be installed within Applesauce Lane Pond in the
Southern Dutchess News and the Poughkeepsie Journal newspaper on June 25,
2003.
3. Joseph E. Paggi, Jr., P.E. of Paggi, Martin & Del Bene, LLP, Engineer to the
Town, is further hereby authorized and directed to open bids on July 7, 2003 and
submit same for review to Gloria J. Morse, Town Clerk.
4. Gloria J. Morse, Town Clerk, is hereby authorized and directed to review all
bids to be submitted on July 7, 2003.
5. The Town Board hereby authorizes and directs Comptroller Gerald
Terwilliger to transfer the $22,000 from the Parkland Trust to the General Fund,
Recreation Account A-710.2 entitled "Parks and Equipment", in order to cover the
costs associated with the installation of the aerator fountains and related work to be
performed.
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
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-179
A RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK, TO PAY THE COST OF THE REMOVAL OF EXISTING AND THE
PURCHASE AND INSTALLATION OF NEW UNDERGROUND FUEL
TANKS AT THE FORMER GREYSTONE ESTATE NOW KNOWN AS THE
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CARNWATH ESTATE AND/OR CARNWATH MANSION, IN AND FOR SAID
TOWN
The following resolution was introduced by Councilman Colsey who moved its
adoption, seconded by Councilman Paoloni
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental
Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the removal
of existing and the purchase and installation of new underground fuel tanks at the
former Greystone Estate now known as the Carnwath Estate and/or Carnwath
Mansion, in and for the Town of Wappinger, Dutchess County, New York, including
the removal of contaminated soils and materials and related and incidental
improvements and expenses in connection therewith, there are hereby authorized to
be issued $200,000 serial bonds of the Town of Wappinger, Dutchess County, New
York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such
specific object or purpose is $200,000, and the plan for the financing thereof is by the
issuance of the $200,000 serial bonds of said Town authorized to be issued pursuant to
this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is ten years, pursuant to subdivision 88 of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein authorized will
exceed five years.
Section 4. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the
issuance and sale of the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall
be of such terms, form and contents, and shall be sold in such manner, as may be
prescribed by said Supervisor, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said Town of Wappinger, Dutchess
County, New York, are hereby irrevocably pledged for the payment of the principal
of and interest on such bonds as the same respectively become due and payable. An
annual appropriation shall be made in each year sufficient to pay the principal of
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and interest on such bonds becoming due and payable in such year. There shall
annually be levied on all the taxable real property of said Town a tax sufficient to
pay the principal of and interest on such bonds as the same become due and
payable.
Section 6. Such bonds shall be in fully registered form and shall be signed
in the name of the Town of Wappinger, Dutchess, County, New York, by the manual
or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be
imprinted thereon and may be attested by the manual or facsimile signature of the
Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale,
conducting the sale and awarding the bonds, are hereby delegated to the
Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the
bonds in such manner as she shall deem best for the interests of said Town;
provided, however, that in the exercise of these delegated powers, she shall comply
fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor
shall be a full a quittance to the purchaser of such bonds, who shall not be obliged to
see to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such
bonds, including determining whether to issue such bonds having substantially
level or declining annual debt service and all matters related thereto, prescribing
whether manual or facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the fiscal agent or
agents for said bonds, providing for the printing and delivery of said bonds (and if
said bonds are to be executed in the name of the Town by the facsimile signature of
the Supervisor, providing for the manual countersignature of a fiscal agent or of a
designated official of the Town), the date, denominations, maturities and interest
payment dates, place or places of payment, and also including the consolidation
with other issues, shall be determined by the Supervisor. It is hereby determined
that it is to the financial advantage of the Town not to impose and collect from
registered owners of such serial bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges
shall be so collected by the fiscal agent. Such bonds shall contain substantially the
recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those
required by section 52.00 of the Local Finance Law, as the Supervisor shall
determine.
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Section 9. The validity of such bonds and bond anticipation notes may be
contested only if:
1) Such obligations are authorized for an object or purpose for which said
Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 10. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside with respect to the permanent funding of the
object or purpose described herein.
Section 11. Upon this resolution taking effect, the same shall be published in full
in Southern Dutchess, and the Poughkeepsie Journal, the official newspapers,
together with a notice of the Town Clerk in substantially the form provided in
Section 81.00 of the Local Finance Law.
Section 12. This resolution is adopted subject to permissive referendum in
accordance with Section 35.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on
roll call, which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert L. Valdati, Councilman
Voting
Aye
Vincent F. Bettina, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
Christopher J. Colsey, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-180
RESOLUTION AUTHORIZING BUDGET AMENDMENTS
The following Resolution was introduced by Councilman Valdati and seconded by
Supervisor Ruggiero.
Whereas, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has
recommended certain budget transfers hereby amending the Town budget as set
forth in a letter dated June 18, 2003 from Gerald A. Terwilliger, Comptroller, to
Supervisor and Town Board Members.
NOW, THEREFORE, BE IT RESOLVED, as follows:
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06/23/2003.RGM
1. The recitations above set forth are incorporated in this Resolution as if
fully set forth and adopted herein.
2. The Town Board hereby authorizes the following budget transfers
hereby amending the Town of Wappinger Budget adopted for the calendar year of
2003:
General Fund -Part Town Budget Amendment
A) Increase B8020.400 Planning Department/ C.E. $75,000.00
B) Increase B1120 Non -Property Tax Distribution
By Dutchess County $65,000.00
C) Increase B2115 Planning Board Fees $10,000.00
(To adjust budget planning Dept./C.E. to cover authorized studies by Frederick
Clark & Associates for comprehensive Plan, Commercial and Mixed Use Handbook
and Route 9 Corridor study).
Fleetwood Water District
D) Increase WF 9950.900 Transfer to Capital Project $38,546.86
E) Increase WF 0599 Appropriated Fund Balance $38,546.86
To Transfer fund to adjust for posting errors or payment for purchase of water made
by Capital project.
The foregoing was put to a vote which resulted as follows:
r 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
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-181
AUTHORIZING THE TOWN BOARD OF THE TOWN OF WAPPINGER
TO SUBMIT A 2003 ENVIRONMENTAL PROTECTION FUND
APPLICATION TO THE NEW YORK STATE DEPARTMENT OF STATE
FOR FUNDING TO ASSIST THE COSTS OF DEVELOPING AND
PREPARING A LOCAL WATERFRONT REVITALIZATION PLAN IN THE
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Colsey.
WHEREAS, The Town Board of Wappinger will submit to the NYS Department of
State an application for 2003 Environmental Protection Fund grant funds to aid the
development and preparation of a Local Waterfront Revitalization Plan (LWRP);
and
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06/23/2003.RGM
WHEREAS, In addition to applying for such funds, the Town of Wappinger will
provide matching funds from sources such as force account, donated labor and
materials, and volunteerism, not to exceed 50% of the total project cost; and
WHEREAS, The Supervisor of the Town of Wappinger has requested authorization
to file a grant application to the NYS Department of State for the purpose of
developing the waterfront in the Town of Wappinger.
RESOLVED, That Hon. Joseph Ruggiero, Supervisor of the Town of Wappinger, is
hereby authorized and directed to file an application for funds from the New York
State Department of State in accordance with the provisions of Title 9 of the
Environmental Protection Act of 1993 and upon approval of said request to enter
into and execute a project agreement with the State for such financial assistance to
the Town of Wappinger.
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 Paoloni, Councilman Voting Aye
Christopher J. Colsey, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-182
RESOLUTION CONFIRMING THE EMERGENCY EXECUTIVE ORDER
FOR CARNWATH MANSION FUEL STORAGE
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger recently purchased a 99 acre estate property
located on Wheeler Hill Road in the Town of Wappinger, commonly known as the
"Greystone Estate", also known as "Carnwath Farms" pursuant to Resolution No.
2003-144 adopted at a Town Board meeting held on May 27, 2003; and
WHEREAS, one of the primary structures on the property is the "Carnwath
Mansion", a three story mansion constructed in the mid -1800s which is listed on
the State and Federal Registrar of Historical Places; and
WHEREAS, the Town has planned the long term rehabilitation of the Carnwath
Mansion and has applied for grants to fund its restoration; and
WHEREAS, in March 2003 the Town of Wappinger was notified by the New York
State Department of Environmental Conservation (DEC) that it was required to re-
register a 10,000 gallon underground storage tank (UST) buried adjacent to the
Carnwath Mansion that serves the dormitory and chapel; and
WHEREAS, the 10,000 gallon UST was subjected to a leak detection test as part of
the DEC registration process; and
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06/23/2003.RGM
WHEREAS, the Engineer to the Town facilitated the bidding process for the testing
and certification of the 10,000, gallon UST; and
WHEREAS, the 10,000 gallon UST failed the leak detection test and consequently
could not be certified or registered according to DEC requirements; and
WHEREAS, the DEC was consequently notified that the 10,000 gallon UST failed
the leak detection test; and
WHEREAS, the Town of Wappinger facilitated the temporary excavation and
removal of blacktop and soil to expose the UST in preparation for retesting the
10,000 gallon UST in accordance with DEC's recommendations; and
WHEREAS, the excavation and exposure of the UST revealed the presence of
groundwater which precluded further testing; and
WHEREAS, the excavated area exposing the UST was covered by topsoil and
temporary blacktop as an interim measure pursuant to the DEC's recommendation
in preparation for further testing and/or certification proceedings; and
WHEREAS, the Town of Wappinger wishes to take all necessary measures to
preclude and/or mitigate any potential violation(s) of the New York State
Environmental Conservation Law, Navigation Law and related rules and
regulations governing the 10,000 gallon UST; and
WHEREAS, the Engineer to the Town, the Superintendent of Highways, and
associated Engineering consultants of Fellenzer Engineering have recommended to
the Town Supervisor that interim emergency measures be performed to remove as
much fuel oil as possible from the 10,000 gallon UST and otherwise remove any
and all contaminated soil and materials, including related remediation, to preclude
and/or mitigate any potential violation(s) of the New York State Environmental
Conservation Law, Navigation Law and related rules and regulations associated
with a UST that failed a leak detection test; and
WHEREAS, the Engineer to the Town, the Superintendent of Highways, and
associated Engineering consultants of Fellenzer Engineering have recommended to
the Town Supervisor that an additional 3,000 gallon fuel storage tank partially
buried within the basement of Carnwath Mansion also be subjected to all necessary
and prudent steps to preclude and/or mitigate any potential violation(s) of the New
York State Environmental Conservation Law, Navigation Law and related rules
and regulations; and
WHEREAS, as part of the emergency measures, it is necessary to temporarily
install a 275 gallon aboveground fuel oil tank in the Carnwath Mansion to provide
heat and hot water to its residents.
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.
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06/23/2003.RGM
2. The Town Board hereby determines and confirms that a fuel
emergency exists in the Carnwath Mansion with respect to the 10,000 gallon UST's
failure of a leak detection test.
3. The Town Board hereby confirms the actions of the Supervisor Joseph
Ruggiero in issuing Executive Order, attached hereto, to take immediate measures
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.
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) 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:
Fire Inspector, Building Inspector, Town Clerk, Superintendent of Highways,
Engineer to Town, Bond Counsel and Attorney to Town.
5. The Town of Wappinger Procurement Policy is hereby suspended for
the purposes of making such interim emergency repairs, purchases and
expenditures to address all potential violations associated with (1) the 10,000 gallon
UST leak detection test failure, (2) the 3,000 gallon fuel oil tank located within the
basement of Carnwath Mansion, and (3) installing a temporary 275 gallon
aboveground fuel oil tank to provide the residents of Carnwath Mansion with heat
and hot water in accordance with the plans and specifications prepared by the
Engineer to the Town and approved consultants.
6. Town of Wappinger Bond Counsel Thomas Rothman is hereby directed
to prepare a Bond Resolution in the amount of $200,000 to secure funds to cover all
costs associated with this Emergency Executive Order as well as removing and
upgrading the 10,000 gallon UST, including related mitigation, providing both
temporary and permanent heat and hot water to the residents of Carnwath
Mansion as well as to preclude and/or mitigate any potential violation(s) of the New
York State Environmental Conservation Law, Navigation Law and related rules
and regulations in accordance with DEC requirements.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert L. Valdati, Councilman Voting Aye
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06/23/2003.RGM
Vincent F. Bettina, Councilman Voting Aye
Joseph Paoloni, Councilman Voting Aye
Christopher J. Colsey, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-183
RESOLUTION AUTHORIZING A PUBLIC HEARING ON APPLICATION
' FOR SPECIAL USE PERMIT FOR NORTH CHELSEA SUBSTATION
EXPANSION BY CENTRAL HUDSON GAS & ELECTRIC CORPORATION
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Bettina.
WHEREAS, Central Hudson Gas & Electric Corporation is the owner of a certain
parcel of property known as the North Chelsea Substation identified as Tax Grid
Number 13-5689-6056-02-760980-00, with a common street address of 2070 Route
91), Wappingers Falls, New York; and
WHEREAS, by written Application received June 19, 2003 by the Town of
Wappinger Zoning Administrator, Tatiana Lukianoff, Central Hudson Gas &
Electric Corporation has applied to the Town Board pursuant to §240-16(F) of the
Zoning Code of the Town of Wappinger to authorize an expansion of the existing
39,650± square feet of the North Chelsea Substa ,ion site by 10,050 square feet for a
total area of 52,700± square feet; and
WHEREAS, according to Richard Rennia, Jr. of Central Hudson Gas & Electric
Corporation, by letter dated May 2, 2003 and attached hereto, the existing use will
remain substantially the same; and
WHEREAS, the Town of Wappinger Zoning Code §240-16(F) permits the Town
Board, on written Application, to issue a Special Use Permit.
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 schedules a Public Hearing on the
Application of Central Hudson Gas & Electric Corporation for a Special Use Permit
pursuant to §240-16(F) to authorize an expansion of the North Chelsea Substation
to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the
7th day of July, 2003, at 7:30 p.m.
3. Gloria J. Morse, Town Clerk to the Town of Wappinger, is hereby
directed to post and publish a Notice of the Public Hearing in the form annexed
hereto. Said publications are to be made in the Southern Dutchess News and the
Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing.
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4. Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to
send copy of the Notice of Public Hearing to adjoining property owners within Two
Hundred and Fifty (250) feet of the property.
5. Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to
forward a copy of the Application materials to the Dutchess County Department of
Planning & Development for its review and comment.
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
The Resolution is hereby duly declared adopted.
At this time 9:50 pm, Councilman Bettina moved to go into Executive Session to
discuss the Alvarez property on Smithtown Road and Alamo Ambulance, seconded
by Councilman Colsey and unanimously carried.
The meeting reconvened at 10:20 pm with all board members in attendance.
Supervisor Ruggiero announced that we have several representatives of Alamo
here tonight, and we have some questions for them. They have heard statements
from members of the various fire districts, and one of the questions that came up
was Mutual Aid and how would Alamo respond to Mutual Aid in the Town of
Wappinger. Supervisor Ruggiero would also like to publicly confirm that Alamo is
committing 3 ambulances 24 hours a day 7 days a week for the Town of Wappinger
to be based in the Town of Wappinger exclusively for the Town of Wappinger with
crews. The representative from Alamo answered that this was correct. The
representative of Alamo had a number of issues that he wished to address. The
first is the issue of a monopoly. There has been more competition in Dutchess
County, in Southern Dutchess, and specifically in the Town of Wappinger. When
Alamo closes on the acquisition of Sloper, they will have 40 units and 300 staff.
Alamo will have 31 Ambulances and 9 Flag cars. Alamo will be picking up all of
the municipalities that Sloper covered. There is a question regarding the Village of
Wappinger. Supervisor Ruggiero asked about the Village of Fishkill and was told
that Alamo is currently dealing with their attorney on the contract. Supervisor
Ruggiero asked, "Is Alamo downsizing any crews when they purchase Sloper." And
the Alamo Representative answered no. Supervisor Ruggiero, " Everyone who is
employed with Sloper today will not be laid off, Paramedics and EMT's? Alamo Rep
said "yes, we currently have commitments for 6-7 employees, the only employees of
Sloper that we are not taking are those that are voluntarily going elsewhere and
those from the administrative sector. We are recruiting right now. As far as the
not for profit that was brought up earlier, Alamo is a not for profit and so is Health
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06/23/2003.RGM
Quest." Supervisor Ruggiero asked, "Who would the fire department chiefs or
incident commanders request to respond when Alamo's resources are depleted and
no units are unavailable? Alamo answered: "The issue of a unit not being available
will be more rare than it is today because currently we have fewer units. We rely on
Sloper and Sloper relies on us. We will have one larger operation. As far as mutual
aid goes, that is set up through the Dutchess County Department of Emergency
Response. It will be whomever is the closest unit available. The need for mutual aid
will be less than it is today because we won't be calling Sloper and they won't be
calling us, it will be one universe." Supervisor Ruggiero said: "That's the concern,
it's one universe right now. We are having a problem with Sloper. They are going
out of business, and it's no secret that they are not staffing at the level they should
be. There was an incident several weeks ago at a soccer game and it took 22
minutes for a Sloper Ambulance to respond, and when the driver arrived he did not
know where Airport Park was. What commitment is Alamo going to make to the
Town to restore service to the Town to the level we expect?" The Alamo
representative answered: That area was covered in the agreement under response
times requirements, which he thinks are unprecedented for the Town of
Wappinger. Wappinger has never had response times in a contract before. Stating
you will have 3 ambulances 24x7 is great, but how long does it take to answer calls,
and what are the ramifications, otherwise. Yes, there has been out pauses in
contracts but they are what they are. That is how we are trying to put assurance in
the contract, to put financial penalties in it, if indeed response times do slip. Al
Roberts requested Alamo to repeat the penalties. Alamo representative explained
for advanced life support, if there was 1-5 minute delay in the average response
time, it's a 25% penalty of the subsidy for that period which is that month. For a 5-9
minute delay would it be a 50% penalty for that subsidy and above 9 minutes would
be 100% subsidy which would mean Alamo would forfeit the entire subsidy for the
month. Supervisor Ruggiero responded: "When someone has 2 to 3 minutes of life
time or whatever the situation is, the response time in the contract financially does
not matter." Alamo replied that "We take response times very seriously, and to get
back to a comment that was brought up earlier tonight regarding the Town of
Fishkill, our town contract, and you can confirm that with Joan, calls for one
ambulance 24-7. We voluntarily put 3 there because the response times were not
adequate for our standards. We voluntarily have 3 units stationed down there
around the clock, although we are only contracted for 1. You can confirm that with
Supervisor Pagones. Supervisor Ruggiero said: "Basically what the fireman are
hearing over the radio is that you are calling for mutual aid in Fishkill or having an
ambulance dispatched out of Highland or Poughkeepsie, you go to Fishkill is
because that first ambulance is already in play in Fishkill. Alamo answered that:
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"They are all of service in Fishkill or somewhere obviously. Fishkill has two large
nursing homes which is very taxing on that system down there, and that is why we
had to put additional source to handle that volume, even though those nursing
homes are covered under the town contract." Councilman Valdati asked: "Does it
ever occur that there are no ambulances in Fishkill?" Alamo answered, "You mean
available, all at the same time? Yes." Councilman Valdati said there should be a
minimum, even if there is a disaster. Alamo said: "In answer to your question,
when I say there is none, there could be a multi -car accident out on Route 9, we
would need all 3 which would leave none here. We backfill. Which means we will
bring a unit from the closest location which may be Rombout , New Hamburg or
Poughkeepsie, to backfill. We backfill all of our contracts. When we backfill, which
is in this contract also, when the last unit goes out, the nearest Alamo unit will be
reposted into the town. Its not 3 and then it all goes away, its 3 with backfill, which
is again a demand of many of the contracts but not all. Its an extra layer of
insulation. Lets take Fishkill as an example. The last Fishkill unit is out and we
are reposting a unit, we are sending a unit there whether it be from one our posts
from Wappinger, Poughkeepsie or from Putnam, or were ever we are posting from
and the poll drops, because we know there are Sloper units between us and the call,
we turn the call over to County because it's the right thing to do. Yes we give that
call away. We passed that call in Fishkill, because we know another provider can
get there quicker. That's the appropriate thing to do for patient care. We could
take that call and respond from further away, but it would not be the appropriate
thing to do. We lose that time frame against our contract, but another ambulance
gets there quicker because it's the right thing to do for the patient." Councilman
Bettina had a question: If his memory serves him right, he understands the
contract and penalties, but in the contract there is language that states the contract
can be called or dismissed on 60 days notice?" Attorney to the Town Al Roberts
responded: "Yes anytime we decide we want to terminate the contract, with or
without cause, we can do so in 60 days notice." Councilman Colsey said: "There
were several points from William Beal that needed to be addressed. The first was
how will the Dutchess County Mass Casualty Incident Plan be affected with no
alternatives for advanced life support ambulances in or around the Town of
Wappinger and how will the Dutchess County Mutual Aid Plan be affected with no
alternatives for advanced life support ambulances in or around the Town of
Wappinger?" Alamo said: These are valid questions, but the issue comes down to
regardless of which plan it is, what are the number of units on the road available
from all providers, any provider, in the county, at any one period of time. Whether
its 5 companies with a net of 25 or 1 company with 25 ambulances with a net of 25.
There are X number of calls a day divided by X number of ambulances. Certainly
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when they happen large scale, incidents which require mass casualty plans and
delayed plans the County administers to make sure that no area is stripped. They
are set up to pull resources. Not only the closest resource, but a true mass casualty
plan and delayed plan reallocates the resources for around the County. Whether its
8 providers, 1 provider, all the ambulances, all the fire trucks, all the police cars
from one geographic area and backfill is provided from across the spectrum
ALS/BLS and that is how the system works. That is the system set up through
Dutchess County 911. Whether it is 22 ambulances from us and 3 from Sloper and
3 from someone else they are in the same pot. Mutual Aid is set up by the County
which includes not only ALS but BLS to respond to large scale incidents. In an
instant you could have all ALS, all BLS. The point we are trying to make is the
total universe of vehicles will not change. Whether there are 30 units today which
there is, or 40 units today which there is, there will be 40 units tomorrow after the
merger. As far as the total units available for MCI or any other catastrophic event
it is not going to change. The way MCI works is where the home base of where
those units are, its how they fall into the matrix of where they are dispatched."
Councilman Valdati wished to know: " How would anyone be assured what kind of
efficiency if there is mass call for all our fleets and we are out of here and by the
time something comes from Beacon or Fishkill or Poughkeepsie to get here how do
you know what time they occur, what lapse there is?" Alamo answered: "That
would be obvious with the response time or the delay in response time. All of the
times are registered with 911. We have monthly reports that identify every
response. We have data that the Town could be privy to that information, but that
is not in the report." Councilman Valdati felt that it was critical to have that
information. Supervisor Ruggiero wished to know:
"Who handles back fill?" Alamo answered that: " Back fill is handled by their
dispatch center. Mutual Aid and Mass Casualties are handled through the
Dutchess County 911 center. If we had 3 units tied up with a car accident on Route
9 that may not be considered an MCI, the County would not be involved in that."
Councilman Valdati: " The way its been explained, there would be a back fill unit
sitting while the other units were responding?" Alamo said: " That would be
correct. It would be part of the SOP." Supervisor Ruggiero asked the Fireman: "Are
you aware when an ambulance is being moved into town by your radio
communications?" The Fireman answered " No." Supervisor Ruggiero asked: "The
first three ambulances?" The Fireman said: "If I was listening I would know the
first three were employed." Councilman Bettina asked: "Who would be listening
to that transmission so we would know?" The Fireman said: "We would be
listening, but not 24 hours a day, 7 days a week because I do have another job."
Supervisor Ruggiero wished to know: " Is it a known fact or a surprise when you
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show up at a scene?" Fireman answered: "It is a surprise as it is today. We get
dispatched and Alamo will get dispatched to assist, because on our response
assignment what we have right know, and we changed it, if Sloper is unavailable
Alamo is automatically dispatched, because it is another ALS provider to come into
the town. We set that up, they don't set that up. Right now they say they have 20
units and however many Flag cars. They are going to take over Sloper who is
unavailable now for their area that they are going to take over with the extra
ambulances they are going to take over." Alamo representative said: " As far as
monitoring and knowing when the ambulances are back filling and so forth, that's
what response times are for. That is what we should be concerned with. Anything
else is really irrelevant, because that is what we are all here for and that is what
the subsidy is for, is response time of that vehicle. If there are 3 ambulances that
are on the scene and it takes 5-10 minutes for another ambulance to get re deployed
in the Town of Wappinger but nothing happens in that 10 minutes, no big deal. If
something does happen in that 10 minutes, and we have an extended response time
now, that will show up in the report you get every month. And that is how you will
know. You don't have to rely on someone listening to radios and so forth. It will be
that obvious. When those 3 units do get deployed all simultaneously which is less
that 5% of the time, our next closest unit would probably come from New Hamburg
and New Hamburg would get back filled from the city of Poughkeepsie. If you use
another provider out of Newburgh he does not know how long that will take, that
may be something the town may wish to consider. Fireman said: " As far as the
mutual aid agreement, none of the commercial ambulance corps in Dutchess County
are assigned to the mutual agreement. That is why the fire departments are
dispatched and informed when they have to have mutual aid from another
department come into a scene. Supervisor Ruggiero said: " My only concern is if I
am hearing comments that you're constantly seeking backfills for Fishkill and other
areas, what's not to say that our pool of ambulances will be the source of your
backup? What assurances do we have that we will not be the source of backfill?"
Alamo answered: "The 3 units committed would not leave the town unless they are
requested by Dutchess County under a mutual aid issue. In that being the case we
would backfill as well to fulfill our commitment within the town. The only time that
we would backfill is if they are all involved in the town, because that is the town
agreement. We look at each contract as its own geographic system. If one unit
goes on a call in Wappinger, you still have two more, the second one, you still have
one more, and when the last one goes, that's when we backfill. If New Hamburg
has something going on and they request mutual aid, and the county asks us to
respond, we would, and we would backfill the third unit here at the town. We do
30,000 a year, so there is an occasion your going to hear a 10 minute response
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because it's the nature of all emergency services responses, not just ambulances. If
you feel you are on the short end of the stick, this Alamo representative would be
the first one to tell you to cancel the contract. All we are sitting here asking is that
we are a Dutchess County provider, have been for nearly 40 years and have assisted
the town time and time again. We are not for profit and feel we can do a great job
for you and we are a part of Health Quest which is a health care system which
earns $300 million in revenues a year. So as far as resources, we have them. If the
call volume increases and we need more ambulances, we can buy them. Let us
prove to you that we can do it. If we fall short, cancel the contract. I guarantee that
you will not be dissatisfied." Councilman Valdati informed Alamo that: " We were
told by another company that was interested that the profitability level was not
there in the Town of Wappinger and they would have to go outside the boundaries
of the town to make a profit." Alamo explained that: "The way they structured
contracts is a break even contract for municipalities. We don't have any margin
built into our contracts. We make our margin on transports, just like every other
commercial provider. EMS is not a moneymaker, its usually scaled by companies
trying to break even. A Fireman wished to know how many contracts does Alamo
have with other municipalities, and how many ambulances are those municipalities
guaranteed.. A Fireman said: " I was listening to the radio today and Alamo was
unavailable twice, the most recent being an auto accident." Alamo Rep said: "I
answered that question the best I could, but I will answer it again, and I have
answered it privately to several of the folks tonight. When we dispatch ambulances
in our contract, and Fishkill is a prime example of it, there are several large health
care facilities within the contracted area. They do not dial 911, they call 471-3700
and Alamo dispatches the ambulances, and that does not show up on Dutchess
County screens but they are contracted within the confines of that contract.
Vehicles are busy operating under the Fishkill contract that do not, will not and
never have shown up on Dutchess County screens. Dutchess County control prefers
to have the large health care facilities, large nursing homes, psychiatric centers,
etc. call directly to off load some of the volume from them. These are the
arrangements that are in place with the facilities in the town of Fishkill. It always
has been. Those numbers are in the contract and are submitted to the town. That
is why just listening to a radio without looking at the back of documentation is
actually no way to monitor a contract. There was a unit leaving Poughkeepsie to
backfill and it made no sense to have a unit respond from up by the Galleria when
we knew Sloper had 2 units closer so we turned the call over to handle the closest
unit. That's what mutual aid is for." Supervisor Ruggiero said that: " There were
legitimate issues raised here tonight and we have to address them, but we need to
make a decision within a week." Christopher Colsey announced: "I was the one
23
06/23/2003.RGM
that called 911 and I administered first aid. It took a long time for Mobile Life to
respond." Supervisor Ruggiero said: "We want 3 ambulances, 24x7, and Alamo
said they are willing to commit to that. The other company was only willing to
commit to 3 ambulances during the day 2 at night and in order to make money,
serve communities outside our town. If there are problems and the Fireman know
of them, you have a responsibility to notify us. We feel that Alamo is the service
that we can move forward with and if its failing us you have to tell us. We have the
power to terminate. Supervisor Ruggiero informed Alamo that he is counting on
them, because the Firemen spend a lot of time out in the field and their lives are on
the line also." There were no more questions or comments from the audience.
RESOLUTION NO. 2003-173
RESOLUTION AWARDING AMBULANCE SERVICE CONTRACT
TO ALAMO AMBULANCE SERVICE, INC.
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Valdati.
WHEREAS, the Town of Wappinger has previously authorized the adoption and
creation of the Wappinger Ambulance District; and
WHEREAS, the Town of Wappinger, on behalf of the Wappinger Ambulance
District, has previously entered into a written Agreement with Sloper-Willen
Community Ambulance Service, Inc. to supply ambulance services within the
Wappinger Ambulance District; and
WHEREAS, the Town of Wappinger wishes to enter into a new Contract with
Alamo Ambulance Service, Inc. on substantially the same terms and conditions as
set forth in the prior Agreement with Sloper-Willen Community Ambulance Service,
Inc.; and
WHEREAS, the Town Board finds that it is in the best interest of the Town to
have Alamo Ambulance Service, Inc. supply general ambulance services as defined
in Section 3001 of the Public Health Law for the purpose of transporting all sick or
injured persons found within the boundaries of the Wappinger Ambulance District
from anywhere within Alamo Ambulance Service, Inc.'s emergency service area; and
WHEREAS, the Town of Wappinger is exempt from competitive bidding pursuant
to General Municipal Law Section 103 as the Agreement with Alamo Ambulance
Service, Inc. is a contract for professional services that require technical skill,
training and medical expertise.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The Town Board hereby agrees to enter into a written Agreement between the
Town of Wappinger and Alamo Ambulance Service, Inc. in substantially the same
24
06/23/2003.RGM
form as attached hereto marked and designated as Exhibit "A" and subject to any
amendments recommended by the Attorney to the Town, Albert P. Roberts, to
provide general ambulance services to the Town of Wappinger.
Supervisor Joseph Ruggiero is hereby authorized and directed to execute the
Agreement between the Town of Wappinger and Alamo Ambulance Service, Inc. on
behalf of the Town in substantially the same form as attached hereto.
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
The Resolution is hereby duly declared adopted.
There was no other business to come before the board.
Councilman Bettina moved to close the meeting seconded by Councilman Colsey
and unanimously carried.
The meeting adjourned at 11:15 pm.
25
Gloria orse
Town erk
Town Board Correspondence Log
Document #
To
From
Date
Received
Re
2003CL - 0224
Joseph Ruggiero, Supervi
Graham Foster, Highway
5/16/03
5/20/03
Accident Report of Mathew Mo:
2003CL-0210
Frederick Maute, Esq.
Jay B Renfro
5/8/03
5/14/03
Wappinger Water Improvement
2003CL - 0237
Joseph Ruggiero, Supervi
Mike Tremper
5/29/03
5/30/03
Water Leak at 13 Sabra Lane
2003CL - 0236
Dan Wery
Matt McMahon
5/26/03
Town of Wapppingers-Master P
2003CL - 0235
Joseph Ruggiero, Supervi
Tom Davis
5/27/03
5/28/03
Town Justice Court Prosecution
2003CL - 0234
Harold Buchner
Joseph E. Stankavage
5/28/03
Proposed Martz Field Recreatioi
2003CL - 023J
Roger Rowe, Lovett Silve
Charles R. Del Bene, Jr.P.
5/23/03
5/28/03
Wappinger Water Improvement
2003CL - 0232
MCcarthy Law Firm
Jay B. Renfro
5/22/03
5/27/03
Clayton Industries, Inc.
2003CL - 0231
Gerald Terwilliger, Town
Charles R. Del Bene, Jr.
5/16/03
5/22/03
Wappinger Sewer Transmission
2003CL - 0230
Stilsing Electric, Inc.
Joseph Ruggiero, Superiv
5/19/03
5/22/03
Town of Wappingers Sports Lig
2003CL - 0229
Joseph Ruggiero, Supervi
Zoning and Planning Boa
5/1/03
5/22/03
M.ontly Report
2003CL - 0228
Michael Murphy, Commi
Michael Galante
5/20/03
5/22/03
Route 9 Bypass Concept Plan -V
2003CL - 0227
Joseph E. Paggi, Town of
Michael P. Tremper, Cam
5/19/03
5/22/03
Atlas Well Field
2003CL - 0239
Harold Buchner
Joseph E. Stankavage
5/28/03
5/30/03
Proposed Martz Field Recmatioi
2003CL - 0225
Joseph Ruggiero, Supervi
Michael P. Tremper, CA
5/16/03
5/22/03
Reese Park Flow Meter
2003CL - 0240
Joseph Ruggiero, Supervi
Alan Lehigh
6/12/03
6/12/03
Alamo Ambulance Endorsemen
2003CL - 0223
Town of Wappinger
Town of Poughkeepsie
5/16/03
5/19/03
Public Hearing concerning the j
Thursday, June 19, 2003
0
0
Document #
To
From
Date
Received
Re
2003CL - 0222
A W. Scrap Processors, In Tatiana Lukianoff, Zonin
5/19/03
5/19/03
Salvage Dealer's License Renew
2003CL - 0221
Town of Wappinger
Dutchess County Depart
5/19/03
Zoning Referrals
2003CL - 0220
Joseph Ruggiero, Supervi
Joseph E. Paggi, Jr. P.E.
5/16/03
5/19/03
Wappinger Water Improvement
2003CL - 0219
Joseph Ruggiero, Supervi
Charles Del Bene, Jr. P.E.
5/15/03
5/19/03
Wappinger Sewer Transmission
2003CL - 0218
Joseph Ruggiero, Supervi
Charles R Del Bene, Jr. P
5/15/03
5/19/03
Wappinger Sewer Transmission,
2003CL - 0217
Joseph Ruggiero, Supervi
William Steinhaus, Count
5/15/03
5/19/03
Steinhaus Makes Key Appointm
2003CL - 0216
Town Board, Town Clerk
Zoning Board and Planni
5/1/03
5/22/03
Monthly Report
2003CL - 0215
Town of Wappinger/Glori
5/22/03
Zoning Referrals
2003CL - 0214
Town of Wappinger
Edward J. Pietrowski & J
5/1/03
5/02/03
Community Center Wappingers,
2003CL - 0213
Michael Nowicki
George Nieves
5/13/03
5/21/03
Permit Application number 200:
2003CL - 0212
Joseph Ruggiero, Supervi
Kimberly Manley
5/15/03
5/22/03
Maintenance Aid Denial for the
2003CL - 0211
Lou Madonaldo
Michal Bufi
5/13/03
5/14/03
New Renovations to the Martz I
2003CL - 0226
Barbara Roberti
Graham Foster
5/16/03
5/22/03
Nikisher's Property -86 Scott Dr
2003CL - 0254
Joseph Ruggiero, Supervi
Benadette Castro, Commi
5/2003
6/17/03
SCORP
2003CL - 0267
Joseph Paggi, Jr. P.E.
Jay B. Renfro
6/10/03
2003CL - 0266
Stephen E. Ehlers Esq.
Albert Roberts, Town Att
6/11/03
Defualt of Clayton Industries, Ir
2003CL - 0265
Stephen E. Ehlers, Esq.
Albert Roberts, Town Aft
6/11/03
Defualt of Clayton Industries, Ir
2003CL - 0264
Mr. Richard Kukosky, Cl
Jay B. Renfro
6/11/03
Def Wt of Clayton Industries, Ir
2003CL - 0263
Mr. Richard Kukosky, Cl
Jay B. Renfro
6/11/03
6/17/03
Default of Clayton Industries, It
Thursday, June 19, 2003
Document #
To
From
Date
Received
Re
2003CL - 0262
Mr. Richard Kukosky, Cl
Jay B. Renfro
6/10/03
6/17/03
Default of Clayton Industries, Inc
2003CL - 0209
Wilkie, Farr and Gallaghe
Albert Roberts
5/08/03
Town of Wappinger General Bor
2003CL - 0261
Joseph Ruggiero, Supervi
Joseph Paggi, Jr. P.E.
6/11/03
6/17/03
Proposed Wappinger Water Impt
2003CL - 0260
Joseph Ruggiero, Supervi
Mike Tremper
6/12/03
6/17/03
Flushing Fire Hydrants, Atlas W:
2003CL - 0259
Sal Morello-Deputy Build
Joseph Ruggiero,Supervis
6/13/03
6/17/03
Pavillion
2003CL-0258
Joseph Ruggiero, Supervi
Graham Foster
6/13/03
6/17/03
Fuel Usage-Town Hall Vehicles
2003CL - 0257
Joseph Ruggiero, Supervi
Patricia Maupin, Reciever
4/2003
6/17/03
April/May Monthly Reports
2003CL - 0238
Gloria Morse, Town Cler
Frederic Zanetti, Environ
5/27/03
5/29/03
DigsafelyNewYork
2003CL-0255
Michael Merriman
Joseph Stankavage
6/13/03
6/17/03
Wappinger Park Water District;
2003CL - 0268
Stephen J. Wing
Albert Roberts
6/13/03
6/17/03
The Airport Landfill Closure Prc
2003CL - 0253
Arlene Scheurer
Joseph Paggi
6/6/03
6/11/03
Cider Mill Loop Water Tank
2003CL - 0252
Town Clerk
Kenneth Beach, Jr. Oasis
6/5/03
6/11/03
Wine and Beer License
2003CL - 0251
Eric Rotger/Joseph Ruggi
Tatiana Lukianof� Zonin
6/10/03
Building Permit Application #21
2003CL - 0250
Joseph Ruggiero, Supervi
Charles R. Del Bene Jr. P.
6/5/03
6/11/03
Wappmger Water Improvement
2003CL - 0249
Jay Renfro
Joseph Paggi
6/4/03
6/06/03
Wappinger Water Improvement
2003CL - 0248
Joseph Ruggiero, Supervi
Charles R. Del Bene Jr.
6/5/03
6/06/03
Wappinger Water Improvement
2003CL - 0247
Town of Wappinger Plan
Joseph Paggi, and Peter P
6/04/03
Keenan Acres Subdivision
2003CL - 0246
Town Board
Karl Seebruch
6/05/03
Building Inspector's Report for t
2003CL - 0245
Thomas P. Cusack, CPG
Charles R. Del Bene, JR
6/2/03
6/05/03
Atlast Well Field/Town of Wap
Thursday, June 19, 2003
Document # To
From Date Received Re
2003CL - 0244
Joseph Ruggiero, Supervi
Judge Carl Wolfson
6/3/03
2003CL - 0243
Joseph Paggi, Jr.
Joseph Ruggiero, Supervi
6/4/03
2003CL - 0242
Town Board and Supervis
Justice Court, Judge Heat
6/5/03
2003CL - 0241
Joseph Ruggiero, Supervi
Roger Connor
5/30/03
2003CL - 0256
Joseph Ruggiero, Supervi
Charles Del Bene
6/12/03
Thursday, June 19, 2003
6/05/03
Town Justice Report for June
6/5/03
Keenan Acres Subdivision
6/05/03
Justice Court Report for the mont
6/03/03
Cablevision Price Adustments
6/17/03
Applesauce Lane Pond