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1992-01-15 SPECIAL TOWN BOARD MEETING JANUARY 15,1992 5:10 P.M. BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK Supervisor Brandt opened meeting ...main purpose of this meeting, Warren County Sheriffs Contract. Discussion held and the decision was made by the Town Board that it was to be noted within the resolution that the contract would expire at the end of the four years with the following resolution being proposed: RESOLUTION AUTHORIZING CONTRACT WITH WARREN COUNTY FOR SHERIFF'S SERVICES RESOLUTION NO.: 48,1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has, after careful review, determined that it would be in the best interest of the Town of Queensbury to continue to contract with Warren County for the provision of Sheriffs services in the Town of Queensbury, and WHEREAS, it has been proposed that the level of police protection provided by the Warren County Sheriffs Department in the Town of Queensbury shall remain at its current level (current level being defined as that level which existed in the Town of Queensbury during 1991) during the entire term of the contract which shall be for a period of four years and which shall provide for payment to be made in the following amounts: 1992 1993 1994 1995 $200,000.00 Total $150,000.00 Total $100,000.00 Total $ 50,000.00 Total and WHEREAS, the Town Board of the Town of Queensbury is hereby desirous of authorizing the Town Supervisor to enter into an agreement similar to the types of agreements that have been previously entered into between the Town of Queensbury and Warren County for Sheriffs Protection Services, consistent with, however, the above-referenced terms, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the entering into an agreement with Warren County for police protection services to be provided by the Warren County Sheriffs Department, and BE IT FURTHER, RESOLVED, that the terms of the agreement shall be such that the level of police protection shall be maintained as it existed during 1991 for each and every year of the contract, which is to be a four year contract, and which is to further provide for payments in the following amounts: 1992 $200,000.00 Total 1993 $150,000.00 Total 1994 $100,000.00 Total 1995 $ 50,000.00 Total and BE IT FURTHER, RESOLVED, that the Town Supervisor be and he hereby is authorized to execute a contract containing the above-referenced terms after the form of the contract is approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury directs that the contract shall contain a provision which gives notice to the Board of Supervisor's of Warren County that it intends to contract with Warren County for extra protection through the Sheriffs Department for four years only and that the County should not assume that there will be any contract thereafter unless this Town Board indicates otherwise BE IT FURTHER RESOLVED, that payments due under or pursuant to the terms of said contract shall be paid for from the 0013120.4406 Account. Duly adopted this 15th day of January, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES Mr. Tucker ABSENT: None Councilman Tucker stated the following reason for his vote ... I appreciate what you've done, it's in motion but it isn't fast enough, no. RESOLUTION AUTHORIZING EMPLOYMENT OF KESTNER ENGINEERS, P.c. REGARDING ARBITRATION WITH JOSEPH R. WUNDERLICH, INC. RESOLUTION NO.: 49,1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury is currently involved in an arbitration with Joseph R. Wunderlich, Inc., and WHEREAS, it is necessary to employ the services of Kestner Engineers, P.c., in connection with said arbitration, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment of Kestner Engineers, P.c., at an hourly rate of $75.00 per hour not to exceed $2500.00 without further approval of the Town Board to assist in the aforesaid arbitration with the cost of the engineering services to be paid for from Account No.: 001-1440-1750. Duly adopted this 15th day of January, 1992, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None DISCUSSION AFTER VOTE: Supervisor Brandt, it should be noted, that there is the possibility that we may have to hire another witness for an undetermined amount of money involving this same matter, that there has been some discussion but nothing has been finalized. Attorney Dusek noted to the Board that this resolution is in fact employing the services of Kestner Engineers, P.c., which means as part of that money that is charged against you, he may have other people assisting him that he charges. RESOLUTION TO ACCEPT BIDS FOR WATER TREATMENT PLANT MAINTENANCE BUILDING REROOFING RESOLUTION NO. 50, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the general construction, including the furnishing of all materials and doing all work necessary, for the reroofing of the Water Treatment Plant Maintenance Building, which work is more specifically identified in contract documents previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Corinth Construction Corporation has submitted the lowest bid for the aforementioned project, and WHEREAS, Thomas K. Flaherty, Water Superintendent, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid to Corinth Construction Corporation, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account. Duly adopted this 15th day of January, 1992, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None DISCUSSION REGARDING QUEENSBURY FOREST Councilman Tucker noted his concern with mass overflow of water in retention basin at Queensbury Forest Development and the liability involved. Councilman Monahan noted that it's proposed for rezoning and recommended that it should be discussed and looked into very carefully before it comes before this Board for any kind of action. Attorney Dusek noted that it was brought to his attention, a problem exists, Rist Frost was involved and proposed a solution. It was felt it was the obligation of the developer to correct the problem and it was my understanding that they had. Councilman Tucker noted cost to place a fence and Councilman Monahan questioned who would bear the cost and it was noted by Attorney Dusek that the Town would bear the cost. Councilman Monahan questioned the possibility of pumping the water out. Councilman Caimano recommended involving the fire department and get the water pumped out. Attorney Dusek advised to get rid of the water as soon as possible by whatever means. Councilman Tucker recommended to purchase and install the fence. No decision was made and the Town Board agreed to address this further at Monday's meeting. Attorney Dusek referred to the Town's Sewer project where the Town borrowed money from the State Water Pollution Control Revolving Fund, which has a remaining balance left of $4,690.00. The problems exists, there is no documentation that would warrant the withdrawal of that extra money. The State no longer wants to hold this money and has recommended that they apply it to the Towns debt payment that is due in March which would be applied to the payment and the Town would make up the difference. After discussion, the following resolution was proposed: RESOLUTION AUTHORIZING STATE WATER POLLUTION CONTROL REVOLVING FUND TO APPLY BALANCE TO OFFSET DEBT SERVICE RESOLUTION NO. 51, 1992 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the State Water Pollution Control Revolving Fund to apply the Four Thousand Six Hundred and Ninety Dollar ($4,690.00) balance due the Town of Queensbury to offset the debt service payment due in March of 1992 provided however if possible the Town Board would like the Four Thousand Six Hundred and Ninety Dollar ($4,690.00) applied strictly to principal and not to any interest that may be due so in essence to reduce the total amount that is due in principal, however if it is not possible the Town Board does simply desire that the Four Thousand Six Hundred and Ninety Dollar ($4,690.00) be used to off set the payment with the understanding then that the payment that is normally scheduled to be made in March will be the sum that is stated less Four Thousand Six Hundred and Ninety Dollar ($4,690.00). Duly adopted this 15th day of January, 1992 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 52, 1992, Introduced by Mr. Nick Caimano who moved for its adoption, seconded by Mr. Pliney Tucker. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session of the Town Board to enter Executive Session to discuss Professional Services. Duly adopted this 15th day of January, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY