1992-03-30
SPECIAL TOWN BOARD MEETING
MARCH 30, 1992
7:00 p.m.
MTG.#29
RES. 199-202
TOWN BOARD MEMBERS PRESENT
Supervisor Michel Brandt
Councilman Susan Goetz
Councilman Nick Caimano
Councilman Pliney Tucker
Town Attorney Paul Dusek
TOWN BOARD MEMBER ABSENT
Councilman Betty Monahan
Supervisor Brandt -Opened the Meeting
RESOLUTIONS
RESOLUTION AUTHORIZING EMPLOYMENT OF RIST-FROST
ASSOCIATES, P.c. IN FLYNN MATTER - THE COST TO BE
SHARED EQUALLY BETWEEN THE TOWN OF QUEENSBURY AND THE SMITHS
RESOLUTION NO. 199,92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town of Queensbury is currently maintaining a legal action against John and Rita
Flynn, and
WHEREAS, the Town of Queensbury has previously received services from Rist-Frost Engineers
in connection with matters which preceded the action, and
WHEREAS, the Town Attorney has advised that the Town should obtain further services of Rist-
Frost Engineers for purposes of preparation of the action and trial, if necessary, and has also advised that
Smith, who is also maintaining an action against the Flynns, also needs the services of Rist-Frost in their
action, and
WHEREAS, a proposal has been made to share engineering costs as the engineers will be
rendering similar expert assistance that is needed in both cases,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment
of Rist-Frost Associates, P.c. to assist in the action maintained against the Flynns, with the understanding
that the cost of the expert services will be shared equally between the Town and the Smiths, and
BE IT FURTHER
RESOLVED, that the amount payable to the engineers in connection with this matter shall not
exceed the sum of $6,000.00 without further authorization from this Town Board, and such fees shall be
paid for from Account #001-1440-4403 (Engineering Services).
Duly adopted this 30th day of March, 1992, by the following vote:
AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES : None
ABSENT: Mrs. Monahan
DISCUSSIONS
1. Attorney Dusek-noted that he had given copies of a letter to Queensbury Central Vol. Fire Co.
Gave Board handout regarding the Pyramid Co. - background information
2. Councilman Caimano-A letter I received from Mr. Ben Preston
the Manager of Sears, questioning the number of employees sweeping the road in front of Howard
Johnson...
Discussion held, Councilman Tucker noted that Mr. Naylor's crew did one sweeping and DOT did
another... Supervisor Brandt noted that a copy of the letter will be given to Mr. Naylor
Councilman Caimano-In our mail we had a letter from Kip Grant to the Town Board regarding an
insurance department road list. ... I have a procedural, a management type question, whether or not Kip
understands what he should be doing and what he should not, this is a clerical job, if he spent many hours
doing this it is not right, it is just a complaint on my part that he should not be doing that... Supervisor
Brandt-I will read it and talk to him.
3. Councilman Tucker-Re: Compactors-discussion held regarding
history of the compactors at the landfill... Supervisor Brandt requested that Mr. Coughlin look at
two things, one new equipment and one to see if we could buy the equipment...price $9750.00 for used
compactors and two used containers...it was requested by the Town Board that Mr. Coughlin get prices
from at least three companies...prices for two new compactors and four new containers and two used
compactors and four used containers...at least three bids...
4. Councilman Caimano-Noted that we have received a letter from Mrs. Otte regarding re-val
proposals ...
5. Attorney Dusek-Re: Score sheet on proposed sewer dist. for possible funding... Supervisor Brandt-
noted that there are two potential projects that could be of interest, one, an extension of the sewer dist. an
area in So. Qsby. regarding an industrial plant ... Attorney Dusek noted that the score sheet has to be in this
week for 1994 funding...it is my understanding that you can undertake a project, bond it yourself and then
re-finance later, the danger is, if you do not follow everything they want, the funding could be
denied....noted an intended use plan has been done in the So. Qsby area... Supervisor Brandt-if there is any
way of doing it, we should, especially because there is an industry, we will be talking to them at the end of
the week... Attorney Dusek-Rist Frost had done a score sheet for the County Line Sewer Dist. project, we
could ask Rist Frost to do another score sheet for the 1994, this will involve expenditure of funds, needing
town board approval... Councilman Tucker-Would it be feasible to do a score sheet on the Bay Road
Sewer Project... Supervisor Brandt-probably...Attorney Dusek-noted that, the County Line could be done
quickly .. . noted Bay Road, to my knowledge, there has never been one done for that...it was noted that a
score sheet should be done for County Line but Councilman Caimano and Goetz requested that more
information be obtained regarding the cost before the score sheet is started... Supervisor Brandt noted that if
necessary another meeting will be called for regarding this information...
Supervisor Brandt-Asked if there were any further comments...none were heard. Scheduled two meetings
for March 31, 1992 at 1 :00 p.m regarding Hovey Pond and any further business, at 3 :00 p.m. regarding the
Water Treatment Plant Administration Bldg. Expansion and any further business to be held in the
Supervisor's Conference Room, Town of Queensbury Office Bldg....
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 200, 92
INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to
discuss personnel, potential litigation and one matter in litigation, client attorney advise.
Duly adopted this 30th day of March, 1992 by the following vote:
ALL THOSE IN FAVOR: AYES
ALL THOSE OPPOSED: NONE
ABSENT: Mrs. Monahan
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO. 201, 92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
RESOLVED, that the Town Board hereby adjourns from Executive Session and moves back into Regular
Session.
Duly adopted this 30th day of March, 1992 by the following vote:
ALL THOSE IN FAVOR: AYES
ALL THOSE OPPOSED: NONE
ABSENT: Mrs. Monahan
RESOLUTIONS
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE PAPERS IN
CONNECTION WITH MECHANICAL ELECTRICAL SYSTEMS, INC. LAWSUIT
RESOLUTION NO.: 202, 92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town of Queensbury is experiencing difficulties in connection with its
heating system for the Town Court Building, and
WHEREAS, from a review of documentation had by the Town in connection with this
matter, it would appear that Mechanical-Electrical Systems, Inc. originally supplied and installed
components of the heating system, and
WHEREAS, several requests have been made of Mechanical-Electrical Systems to
replace or repair the heating system,
NOW, THEREFORE, BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town
Attorney to commence an appropriate action against Mechanical-Electrical Systems or the proprietors or
owners thereof, and set forth in such action the amount of damages and causes of action as deemed
advisable by the Town Attorney, and
BE IT FURTHER
RESOLVED, the Town Supervisor is hereby authorized to execute and, as may be
necessary, verify any pleading or other papers that may be necessary in connection with the aforesaid
action.
Duly adopted this 30th day of March, 1992, by the following vote:
AYES : Mrs. Goetz, Mr. Tucker, Mr. Caimano, Mr. Brandt
NOES : None
ABSENT: Mrs. Monahan
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury