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2006-12-26 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting December 26, 2006 7:30 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI ROBERT L. VALDATI 7:30 PM Meeting called to order on December 26, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Portion III. Resolutions 2006-251. Resolution Confirming. Actions to be Taken Pursuant to Executive Order Issued for Emergency Replacement of the. Boiler/Heating System at the Carnwath Estate 2006-252. Resolution Authorizing Amendment No. 1 to Ambulance Service Agreement with TC Hudson Valley, Inc. D/B/A TransCare 2006-253. Resolution Authorizing Refund for Recycle Center Tickets IV. New Business/Comments V. Executive Session A. Interviews for Joint Assessor Applicants with the Town of Fishkill Town Board VI. Adjournment Town of Wappinger Town Board Meeting — Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson (845)297-5771 Tuesday, December 26th, 2006 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the meeting to order at 7:40 PM. Joseph Ruggiero Town of Wappinger Supervisor Present Robert Valdati Town of Wappinger Councilman Absent Vincent Bettina Town of Wappinger Councilman Present Maureen McCarth ______..._ __.---1111111111-111- Town of Wr iner Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Resolutions RESOLUTION: 2006-251 Resolution Confirming Actions to be Taken Pursuant to Executive Order Issued for Emergency Replacement of the Boiler/Heating System at the Carnwath Estate WHEREAS, the Town of Wappinger owns a 99 acre estate located on Wheeler Hill Road in the Town of Wappinger known as "Carnwath Estate" or "Carnwath Farms"; and WHEREAS, two of the primary structures on the property are the so called "dormitory building" a large, concrete and brick building and a related attached structure formerly used as a religious chapel; and WHEREAS, the boiler/heating system providing heat and hot water to the aforementioned buildings has broken down and is not operating; and WHEREAS, the Town has had two plumbing companies examine the boiler/heating system and both have determined that the boiler/heating system is extremely old, with replacement parts unobtainable, and both plumbing companies have recommended that the boiler/heating system be replaced as soon as possible; and WHEREAS, the dormitory building is partially occupied by the Dutchess County Sports Museum; and WHEREAS, the potential for severe cold and freezing temperature is imminent at this time of year, and a severe cold spell could seriously damage the plumbing system and pipes for the aforementioned buildings; and WHEREAS, both plumbing companies have recommended to the Supervisor that immediate repairs be performed and that the boiler/heating system serving the dormitory building and former chapel located at the Carnwath Estate be immediately replaced before cold weather sets in; and WHEREAS, by Executive Order No. 2006-3, Supervisor Joseph Ruggiero had issued an Executive Order authorizing immediate replacement of the boiler/heating system serving the dormitory building and former chapel at the Carnwath Estate and suspending the Town's Procurement Policy for the purposes of making such emergency replacement of the boiler/heating system - all of which is set forth in Executive Order No. 2006-3 attached hereto as Exhibit "A". 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 heating emergency exists with respect to the dormitory building and former chapel at the Carnwath Estate requiring the immediate replacement of the boiler/heating system on an emergency basis. 3. The Town Board hereby confirms the actions of the Supervisor Joseph Ruggiero in issuing Executive Order No. 2006-3, attached hereto as Exhibit "A", and suspending the Town's Procurement Policy and taking whatever steps are necessary to replace the boiler/heating system serving the dormitory building and former chapel at the Carnwath Estate. 4. The Town Board hereby ratifies the actions of the Town Supervisor in hiring the plumbing contractor, Bottini Fuel, to replace the boiler/heating system serving the dormitory building and former chapel at the Carnwath Estate and, hereby further ratifies all other actions Town of Wappinger Page I Printed 12/28/2006 Town Board Meeting Minutes December 26, 2006 taken by Town employees and consultants in facilitating the replacement of the boiler/heating system as aforesaid. The foregoing was put to a vote which resulted as follows: V Vote Record - Resolution -RES-2006-251 Yes/Aye No/Na Abstain Absent ® Adopted --- Joseph Ruggiero ----•-- ----- Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Seconder ® Bi ❑ ❑ ❑ j ❑ ❑ ❑ ❑ Maureen McCa— Initiator .._.__ Withdrawn Jose h Paoloni Voter ❑ i ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-252 Resolution Authorizing Amendment No. 1 to Ambulance Service Agreement with TC Hudson Valley, Inc. D/B/A TransCare WHEREAS, the Town Board has previously entered into an Ambulance Service Agreement with TC Hudson Valley, Inc. d/b/a TransCare (hereinafter "TransCare"); and WHEREAS, the Agreement between the Town and TransCare was for the purposes of providing general ambulance services for all sick or injured persons found in the boundaries of Wappinger's Ambulance District; and WHEREAS, the Agreement between the Town and TransCare was effective from January, 2005 and terminating December 31, 2009, subject to terminations or renewals as provided in said Agreement; and WHEREAS, the Town has previously leased a portion of the Emergency Services Building to Sloper-Willen Community Ambulance Service, Inc. and Alamo Ambulance Service, Inc. both of which corporations previously provided general ambulance services to the Town; and WHEREAS, the Emergency Services Building was originally designed and constructed so that a portion of said building would be utilized by Sloper-Willen Community Ambulance Service, Inc. for general ambulance services; and WHEREAS, TransCare will occupy the portion of the Emergency Services Building previously occupied by Sloper-Willen; and WHEREAS, it is the intention that this Lease Agreement will be co -terminus with the Ambulance Service Agreement between the Town and TransCare and will provide for a monthly rent of $7,000.00 per month commencing September 1, 2006, payable on the 1St day of each month during the term of the Lease, subject to renewals upon agreed upon rent; and WHEREAS, by Resolution No. 2006-157 adopted on the 12th day of June, 2006, the Town Board adopted a Resolution authorizing the Town Supervisor to enter into a Lease Agreement with TransCare, subject to a permissive referendum; and WHEREAS, subsequent to the adoption of the Resolution, TransCare requested certain changes to the Lease Agreement which limited the total rent payments to $84,000.00 per year payable in monthly increments of $7,000.00 per month, as well as certain provisions relating to the Lease payments in the event of renewal of the Lease; and WHEREAS, it is the purpose of this Resolution to re -authorize the Lease Agreement subject to the proposed changes which are incorporated in the Lease Agreement attached hereto as Exhibit "A" 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 agrees to Lease the portion of the Emergency Services Building formerly occupied by Sloper-Willen to TransCare at the rate of $7,000.00 per month effective September 1, 2006, and continuing through December 31, 2009, unless the Ambulance Service Agreement is terminated or renewed for five (5) year periods as set forth in paragraph 16 of the Ambulance Service Agreement between the Town and TransCare. In the event the Ambulance Service Agreement is terminated or renewed for a successive five (5) year period, then the term of the Lease Agreement will be terminated and/or extended to be co -terminus with the Ambulance Service Agreement. 3. Supervisor Joseph Ruggiero is hereby authorized to execute the Lease Agreement on behalf of the Town in substantially in the same form as attached hereto as Exhibit "A". Town of Wappinger Page 2 Printed 12/28/2006 Town Board Meeting Minutes December 26, 2006 4. This resolution is subject to permissive referendum. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-252 Q Adopted„ Yes/Aye i_ No/Nay Abstain Absent _ ❑ Adopted Joseph Ruggiero Voter --- - - — Q ❑ ❑ {---- ❑ ❑ Adopted as Amended Robert Valdati Voter O - ----- ❑ ------ ❑ Q ❑ Defeated Vincent Bettina Voter _❑ ❑ — — t ❑ j — ❑ ❑ Tabled Maureen McCarthy _. __ Voter Q ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder Q ❑ i 1 ❑ Joseph Paoloni InitiatorQ ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-253 Resolution Authorizing Refund for Recycle Center Tickets WHEREAS, Mr. Gerald Fahr purchased eighteen refuse collection tickets at a total cost seventy-two dollars ($72.00), and WHEREAS, Mr. Gerald Fahr is a resident of the Town of Poughkeepsie, and as a non- resident of the Town of Wappinger does not have access to the Recycle Center, and WHEREAS, Mr. Gerald Fahr has requested a refund in the amount of seventy-two dollars ($72.00) 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 of the Town of Wappinger hereby authorizes a refund in the amount of seventy-two dollars ($72.00) to Mr. Gerald Fahr. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2006.253 Yes/Ae No/NaY Abstain Absent Q Adopted Joseph Ruero ___ Voter i Q ❑ ❑ ❑ ❑ Adopted as Amended _ _ Robert Valdati Voter O ❑ ❑ — Q ❑ Defeated - — - —- Vincent Bettina Seconder Q ❑ ❑ _ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy _. __ Voter _ Q ❑ _. _— ❑ ❑ Joseph Paoloni Initiator Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2006 The Resolution is hereby duly declared adopted. III. Executive Session 1. Motion To: go into executive session at 7:44 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Maureen McCarthy ABSENT: Robert Valdati B. Interviews for Joint Assessor Applicants with the Town of Fishkill Town Board Town of Wappinger Page 3 Printed 12/28/2006 Town Board Meeting Minutes December 26, 2006 2. Motion To: come out of executive session at 10:05 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Maureen McCarthy ABSENT: Robert Valdati IV. Actions 1. Motion To: appoint Christian Harkins to the position of Joint Assessor RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Robert Valdati Councilwoman McCarthy made a motion to appoint Mr. Christian Harkins to the position of Joint Assessor for the Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill, at a salary of Seventy Five Thousand Dollars and 00/100 ($75,000), with the use of the Town of Fishkill car as per the agreement between the Town of Wappinger and the Town of Fishkill, and starting with three weeks of vacation. The motion was seconded by Councilman Bettina and passed by a unanimous vote. V. Adjournment 1. Motion To: adjourn at 10:06 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Maureen McCarthy ABSENT: Robert Valdati The Meeting Adjourned at 10:06 PM. hn C. asterson Town Clerk Town of Wappinger Page 4 Printed 12/28/2006