2010-2272010-227
Resolution Authorizing Solicitation of Bids for Carnwath Electrical and Communication
Replacement Project
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 June 28,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni (arrived at 6:52 PM/departed 8:52 PM)
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, in consequence of the heavy winter storms in February 2010, the electrical
and communication service to Carnwath Farms was destroyed; and
WHEREAS, the electrical and communication service to Carnwath Farms was originally
installed many decades ago and is no longer compliant with current electrical codes or current
electrical standards; and
WHEREAS, there is a need for the installation of new electrical and communication
lines on the Carnwath property due to the destruction of the old lines during the aforementioned
inclement weather; and
WHEREAS, the work for this project includes the trenching, installation and backfilling
of approximately 1,100 lineal feet of three (3) phase underground service cable and
approximately 1,040 lineal feet of single phase underground service cable, a three (3) phase
junction module, a three (3) phase vault, a three (3) phase primary box with 3 -way junction and a
single phase box, together with related appurtenances, and also the installation of 1,850 lineal
feet of underground communication cable (telephone, television and internet) together with
associated site rehabilitation; and
WHEREAS, the Town Engineer estimates that the cost of the work to be performed,
which includes engineering, legal, construction, inspection and contingencies, is estimated to be
in excess of $100,000.00; and
WHEREAS, the Town Board determines that it is in the best interest of the Town to
undertake the necessary replacement of electrical and communication lines on the Carnwath
property; and
WHEREAS, pursuant to General Municipal Law §103, contract documents and bid
specifications must be prepared for the purpose of soliciting competitive bids for the replacement
of electrical and communication lines on the Carnwath property; and
WHEREAS, the Town Board determines that the replacement of electrical and
communication lines on the Carnwath property is a Type II action pursuant to 6 NYCRR
617.5(c)(2) and is exempt from environmental review pursuant to the New York State
Environmental Quality Review Act (SEQRA) and Local Law No. 6 of 1992.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby confirms and adopts the scope of work to be performed
for the replacement of electrical and communication lines on the Carnwath
property, as described in an email from Mike Takacs of Morris Associates
Engineering Consultants, PLLC, dated June 22, 2010, a copy of which is affixed
hereto.
3. Morris Associates Engineering Consultants, PLLC is directed to promptly prepare
bid specifications, contract documents, and advertise the same for competitive
bidding pursuant to General Municipal Law § 103, and the codes, rules and
regulations of the Town of Wappinger, and to report to the Town Board the
results of such bidding.
4. All sealed bids shall be submitted to the Town Clerk in accordance with the
bidding instructions and shall be opened by the Town Clerk at the time set forth in
the Notice To The Bidders.
5. After receipt of the bids, the Town Board shall award the contract for the project
in accordance with General Municipal Law §103, reserving the right to reject any
and all bids in accordance with applicable law.
6. All costs associated with the preparation of bidding documents, solicitation and
review of bids and the construction and installation of the scope of work above
identified shall be funded by the issuance of additional serial bonds pursuant to
Bond Authorization Resolution No. 2007-12720071 as amended by Resolution
No. 2008-203.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/28/2010
The Resolution is hereby duly declared adopted.
J R�ASTERSON, TOWN CLERK
Page 1 of 1
Chris Masterson
From: Albert P. Roberts [aroberts@vsrp.com]
Sent: Wednesday, June 23, 2010 11:48 AM
To: Chris Colsey
Cc: Chris Masterson; Christine Fulton; 'Goodfriend, Douglas'
Subject: Carnwath Electrical and Communication Replacement Project
June 23, 2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Christopher J. Colsey, Supervisor
Re: Carnwath Electrical and Communication
Replacement Project
File No. 12951.1034
Dear Chris and Board Members:
I have spoken with Beth Ferguson of PFA who has confirmed that the Town Board can utilize Bond Resolution
No. 2007-12720071 as amended by Resolution No. 2008-203 to pay for the costs associated with the installation
of the electrical and communication lines to Carnwath. The original bond authorization was for $4,000,000.00 and
only a portion of the authorization has been utilized.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERT R ROBERTS
APR/so
cc: Hon. John C. Masterson, Town Clerk
Town Board File
Douglas Goodfriend, Esq.
6/23/2010
CARNWATH — ELECTRICAL AND COMMUNICATION REPLACEMENT PROJECT
The scope of work for this project involves the trenching, installation and backfilling of approximately
1100 lineal feet of three (3) phase underground service cable and approximately 1040 lineal feet of
single phase underground service cable. Also included is a three (3) phase junction module, a three (3)
phase vault, a three (3) phase primary box with 3 -way junction, a single phase box pad. Reconnection of
new underground service to existing overhead services to buildings. Also, included is the installation the
same trench of approximately 1,850 lineal feet underground communication cable (telephone,
television and internet). Deconstruction of all existing overhead wires and poles not remaining in use.
Topsoil, seed and mulch all disturbed areas.
c;00 -7-10-730c) 1I
160161019.01 42305-2-24
BOND RESOLUTION
At a Special meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at the Town Hall, in Wappinger, New York, in said Town, on the 27th day of
January, 2007, at 9 o'clock A.M., Prevailing Time.
The meeting was called to order by Supervisor Ruggiero, and upon roll being called, the
following were
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following resolution was offered by Councilwoman McCarthy, who moved its
adoption, seconded by Supervisor Ruggiero, to -wit:
BOND RESOLUTION DATED JANUARY 27TH, 2007.
A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF BUILDINGS
AT CARNWATH FARMS, IN AND FOR THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST
OF $4,000,000 AND AUTHORIZING THE ISSUANCE OF $4,000,000 SERIAL
BONDS OF SAID TOWN TO PAY THE COST THEREOF.
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;
NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than
two-thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. The reconstruction of buildings at Carnwath Farms, in and for the Town of
Wappinger, Dutchess County, New York, including original furnishings, equipment, machinery,
apparatus, appurtenances, and other incidental improvements, expenses and emergency work in
connection therewith, is hereby authorized at a maximum estimated cost of $4,000,000.
Section 2. It is hereby determined that the plan for the financing of the aforesaid
maximum estimated cost is by the issuance of $4,000,000 serial bonds of said Town hereby
authorized to be issued therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is thirty years, pursuant to subdivision 12(a)(2) 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 not exceed five years.
Section 4. 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 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 5. 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 6. All other matters except as provided herein relating to the serial bonds
herein authorized including the date, denominations, maturities and interest payment dates,
within the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue serial bonds with substantially level
or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. 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 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
only if-
Section 7. The validity of such bonds and bond anticipation notes may be contested
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V
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 8. 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 9. This resolution, which takes effect immediately, shall be published in full
or summary form in the official newspaper of said Town for such purpose, together with a notice
of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
-3-
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
WILLIAM H. BEALE, COUNCILMAN Voting: Aye
VINCENT F. BETTINA, COUNCILMAN Voting: Aye
JOSEPH P. PAOLONI, COUNCILMAN Voting: Nay
MAUREEN McCARTHY, COUNCILWOMAN Voting: Aye
The resolution was thereupon declared duly adopted.
AHN C. STERSON, TOWN CLERK