2003-182RESOLUTION NO. 2003-182
RESOLUTION CONFIRMING THE EMERGENCY EXECUTIVE ORDER FOR
CARNWATH MANSION FUEL STORAGE
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 23rd
day of June, 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:
The following Resolution was introduced by
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
Mr. Colsey and seconded by
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 Camwath
Mansion and has applied for grants to fund its restoration; and
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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
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
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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.
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
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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
Camwath 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 of 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
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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
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Ave
Dated: Wappingers Falls, New York
June 23, 2003
The Resolution is hereby duly declared adopted.
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TOWN OF WAPPINGER
Executive Order No. 2003-4
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
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 and remediation of the
10,000 gallon UST in accordance with law; and
WHEREAS, the excavation and exposure of the UST revealed the presence of excessive
groundwater which precluded further testing and remediation; and
WHEREAS, the excavation and exposure of the UST further revealed that it was
manufactured in 1957 and has exceeded its useful life; 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
O:\WAPPINGE\Town Board\Carnwath Oil Tanks\Executive Order.doc
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.
THEREFORE, I, JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF
WAPPINGER, under the powers granted to me by the State of New York in Article 2-B §24 of
Executive Law, do hereby declare that a State of Emergency exists in the Town of Wappinger
with respect to the building known as the Camwath Mansion located at the Greystone Estate and
that immediate measures are 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 Camwath 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.
AND PURSUANT TO EXECUTIVE LAW, I, JOSEPH RUGGIERO, SUPERVISOR
OF THE TOWN OF WAPPINGER, issue the following Executive Order:
1. The recitations above set forth are incorporated in this Executive Order as if fully
set forth and adopted herein.
2. 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 Camwath 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.
3. 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
O:\WAPPINGE\Town Board\Carnwath Oil Tanks\Executive Order.doc
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.
4. Town of Wappinger Bond Counsel Thomas Rothman is hereby directed to
prepare of 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.
5. This Executive Order is effective immediately, and shall remain in effect for a
period of five days or until rescinded or extended as circumstances dictate.
HON. JOSEPH RUGGIERO, Supervisor
Town of Wappinger
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