Loading...
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 1 O:\WAPPINGE\Town Board\RESOLUTION\Carnwath- K Awardldoc 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. 2 O:\WAPPINGE\Town Board\RESOLUTION\Carnwath- K Awardldoc 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 3 O:\WAPPINGE\Town Board\RESOLUTIOWCarnwath- K Awardldoc Dated: Wappingers Falls, New York August 18, 2003 The Resolution is hereby duly declared adopted. O:\WAPPINGE\Town Board\RESOLUTION\Carnwath- K Awardldoc 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 O:\WAPPINGE\Town Board\Carnwath fna Greystone\Oil Tanks\090903-GM.doc