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1992-02-13 SPECIAL TOWN BOARD MEETING FEBRUARY 13, 1992 5:15 p.m. MTG. #16 RES. 123 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Town Attorney Paul Dusek Supervisor Brandt -Called the meeting to order The purpose of the meeting is that Mayor Jones of the Village of Hudson Falls has called the Town with a water emergency, they will have to tap into the Queensbury system, they have a financial problem the previously established rate of $1. 65 is more than they can get from their customers... proposed rate $1.40 on a temporary basis of three months..Councilman Tucker-Questioned what the problem is with Hudson Falls? Supervisor Brandt-They are out of water, because the ground has frozen so hard that no water is coming into their reservoir. Councilman Tucker-Where did the $1.65 come from? Supervisor Brandt-From the current contract that we have with thern. Councilman Tucker-Who determined the $1.65 the other Board? Councilman Caimano- Y es Councilman Tucker-How will it be measured? Councilman Caimano- There is a meter, and it is in the contract...Councilman Goetz-What are the dates on the prior contract, was, it just open ended? Councilman Caimano-Yes Attorney Dusek-It was a contract that could be canceled on 30 days notice. Councilman Caimano-noted that the Board has discussed water rates and a study is to be done...Attorney Dusek-This agreement that we currently have between Hudson Falls and the Town of Queensbury will be modified with the provision of three months at $1.40 due to the unusual situation and the significate amount of water that is needed, will only be for a period of three months, after the agreement will revert back to itself which is $1.65. Under normal circumstances with the thought that either, one, Hudson Falls will resolve their problem and will not need our water or secondarily they will be able to get the additional money at this point that they need. The other thought being when it reverts back you have a thirty day clause of cancellation so that in the future at some point if you feel that the rate is not proper even at $1.65 whether it is lower or higher you will be able to cancel the contract on 30 days notice and then reset that rate. This is how I envision this if you are in agreement to redrafting the agreement so that Mike can sign it. Councilman Tucker-Did the Supt. of Water say that we would be able to handle this? Supervisor Brandt-We have an adequate supply of water. Attorney Dusek-The General Municipal Law has municipal cooperation type provisions in it and there are a variety of other laws that you will see crop up from time to time, it is envisioned that the municipalities will work together when a crisis does come up, in light of the fact that we are not currently supplying them with water and that it is going to start tomorrow morning and you are acting now I do not see any problems with this. RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE VILLAGE OF HUDSON FALLS RESOLUTION NO.: 123,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the officials from the Village of Hudson Falls have contacted the Town of Queensbury and have indicated that the Village needs, on a short term emergency basis, to purchase water from the Town of Queensbury due to problems it is having with its own supply, and WHEREAS, the Village of Hudson Falls has also requested, due to emergency financial concerns, that the rate to be charged for the water in accordance with a previous agreement entered into between the parties be modified from $1.65 per thousand gallons to $1.40 per thousand gallons, and WHEREAS, the Town Board of the Town of Queensbury, under these emergency circumstances and in the interest of municipal cooperation and by virtue of the fact that the supplying of the water at the cost requested would not result in a loss to the Town of Queensbury is in favor of amending the contract as requested by the Village of Hudson Falls, NOW, THEREFORE, BE IT RESOLVED, Town Board of the Town of Queensbury hereby authorizes and approves of an amendment to the current contract between the Village of Hudson Falls and the Town of Queensbury to provide for the emergency sale of water for a period not -to-exceed three (3) months at a rate of $1.40 per thousand gallons, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an amended contract with the Village of Hudson Falls which contract will include provisions consistent with this resolution and be in a form approved by the Town Attorney. Duly adopted this 13th day of February, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None On motion the meeting was adjourned. Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury V