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1992-01-30 SPECIAL TOWN BOARD MEETING JANUARY 30, 1992 7:10 p.m. MTG.#ll RES. 79 -82 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Nick Caimano Councilman Pliney Tucker Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Susan Goetz Supervisor Michel Brandt -Opened the Meeting RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 79, 1992 INTRODUCED BY Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Personnel Matters and Potential Litigations immediately following discussions by the Town Board. Duly adopted this 30th day of January, 1992 by the following vote: ALL THOSE IN FAVOR AYES ALL THOSE OPPOSED NONE ABSENT: Mrs. Goetz MOTION CARRIED Discussion regarding Agreement between the Town of Queensbury and Wilton Developmental Disabilities Service Office...Attorney Dusek noted that with Mr. Brandt and Mr. McNulty a meeting was held with Mr. Donahue of Wilton Developmental Services.. .at that meeting there was an indication made by Mr. Donahue that perhaps there was a way to extend the time frames that we were under for the houses for a period of roughly six months, so that the Town and Wilton could continue to look at some options which included the possibility of building new homes...Mr. Donahue agreed he would be willing to enter into some kind of agreement which would basically extend it six months...Mr. Donahue is willing to sign the agreement that is in front ofyou..reviewed each section of the agreement...questions arose over Section 6...Councilman Caimano questioned the meaning of the paragraph whether the houses would no longer be considered or not...it was agreed to leave in the phrase during the period of this agreement to clarify the section...Councilman Tucker-questioned if the new builts would be built in different areas or all in one area..Mr. McNulty-probably in different areas... Supervisor Brandt-noted that this agreement will have to be signed by tomorrow...ifWilton wants any other changes to this agreement, we have to have the right to negotiate as best we can...Attorney Dusek-for the record, in the original agreement that I proposed for this project was stronger in the sense that it said that Wilton would be withdrawing those letters as if they had never been sent. This agreement is softer in that regard in letting those letters stay and the reason is that Mr. Donahue did not like the language I guess, when I sent it down to them. I want the Board to understand that you should know this, going into this agreement, that I had stronger language which I felt further protected the Town. The biggest concern that I have if you come at the end of the road and we are at loggerheads and we cannot get by it, I want it as clear as possible that we jump back into the 41.34. The clearest way to do it in my mind is to withdraw the letters etc. so that they do not exist anymore and they have got to give us new notifications, they would not agree to that, this was the next best thing that Chuck and I working together drafted to try to bounce this back into the provision. I think it does it, it is not as strong as my original language I just want the Board to know this, going into it. I think it lays it out, but if you read through the agreement and I read it several times it flows through a process and it comes to number 6 and says if it all does not work here this is what is going to happen. The only thing that I could think of right now that could be debatable when you take your appeal from those current houses that are chosen and I think that they could argue that you have to at the moment the agreement ends. I do not think that they can stop us from getting in the process so, this is where we are at with this agreement, I just wanted you to know that it is not as strong as I originally wanted it. Add to the resolution the following: RESOLVED, that the Town Board of the Town of Queensbury hereby gives the Town Supervisor the authority to modify this agreement and further negotiate this agreement with Wilton Developmental Disability Service Office as long as the general intent is maintained. Attorney Dusek also noted that the brackets around during the period of this agreement are coming out so that, that language is staying in the agreement.. . RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WILTON DEVELOPMENTAL DISABILITIES SERVICE OFFICE RESOLUTION NO. 80, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Wilton Developmental Disabilities Service Office gave official notification of its interest and intent to establish three community residences for the mentally retarded and developmentally disabled persons in the Town of Queensbury during the months of October and November, 1991, in accordance with ~41.34 of the New York State Mental Hygiene Law, and WHEREAS, the Wilton Developmental Disabilities Service Office, in response to a request from the Town of Queensbury, agreed to consolidate the review and response process for all three proposed residences into identical time frames and extend the final response time to December 31, 1991, and when progress was being made by the appointed citizens advisory committee to the Town of Queensbury, to January 31, 1992, and WHEREAS, the Wilton Developmental Disabilities Service Office and the Town of Queensbury recognize the marked advantages of an approach offered by the citizens advisory committee that could potentially assist in arranging for the provision of newly built residences for consideration for purchase by the Wilton Developmental Disabilities Service Office, and WHEREAS, the parties also decided to explore other options, and WHEREAS, an Agreement has been presented at this meeting which would provide time and a method for examining other options, as well as preserving rights of both parties, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement presented at this meeting and hereby authorizes the Town Supervisor for the Town of Queensbury to execute the same on behalf of the Town and to take such other and further steps as may be necessary to implement the same. RESOLVED, that the Town Board of the Town of Queensbury hereby gives the Town Supervisor the authority to modify this agreement and further negotiate this agreement with Wilton Developmental Disability Service Office as long as the general intent is maintained. Duly adopted this 30th day of January, 1992, by the following vote: AYES : Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: Mrs. Goetz Supervisor Brandt-I am impressed with the work that Chuck McNulty has put into this and the abilities he has shown in handling this and negotiating it and getting the cooperation of the neighbors and this committee to act and really stay constructive and move the process along, I am very impressed with it, we owe you a great deal of thanks. Discussion held regarding a meeting to be held on the 10th regarding Wilton Developmental Services it was noted that the Town Board would not attend, Mr. McNulty noted that he may go... Discussion held regarding Retort Chamber for the Crematorium...Attorney Dusek noted that the Town Board had retained Rist Frost to assist in the process for the DEC permits, DEC wants further site plan work done, Rist Frost will do the rest of the work in an amount not to exceed $350.00.. Supervisor Brandt-Noted that he had spoken to Rist Frost and that only the Town Board will retain their servIces.. . RESOLUTION EXTENDING SERVICES ON RETORT WORK - RIST FROST RESOLUTION NO. 81,92 INTRODUCED BY Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury by previous resolution authorized an expenditure of $750.00 for Rist Frost Services in connection with an application to DEC for a permit to operate a retort chamber at the Pine View Crematorium and WHEREAS, further engineering work is needed in connection with the permit and WHEREAS, Rist Frost has offered to perform such additional work at a sum not to exceed $350.00 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the furtherretention of the services ofRist Frost Associates P.c. at an amount not to exceed $350.00 to perform additional services in connection with the permit application for the retort chamber at the Pine View Crematorium and be it further RESOLVED, that the payment for this billing comes out of the appropriate Cemetery Account. Duly adopted this 30th day of January, 1992 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES; None ABSENT: Mrs. Goetz The Executive Session as previously moved is now in session RESOLUTION TO MOVE OUT OF EXECUTIVE SESSION RESOLUTION NO. 82, 92 INTRODUCED BY Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY Mr. Pliney Tucker RESOLVED, that the Town Board moves out of executive session and back into Regular Session. Duly adopted this 30th day of January, 1992 by the following vote: All THOSE IN FAVOR AYES ALL THOSE OPPOSED NONE ABSENT: Mrs. Goetz On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk