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1995-05-08 SPECIAL TOWN BOARD MEETING MAY 8,1995 4:04 P.M. MTG #30 RES 281-289 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN THEODORE TURNER COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER BOARD MEMBER ABSENT COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Town Clerk, Darleen Dougher Comptroller, Cathy Geoffory Water Superintendent, Tom Flaherty Deputy Water Superintendent, Ralph VanDusen Highway Superintendent, Paul Naylor Code Compliance Officer, John Goralski PRESS: GF Post Star Supervisor Champagne called meeting to order .... DISCUSSIONS Transient Merchant Law Town Board held discussion regarding Transient Merchant Law in reference to Jo Jo's Restaurant. Town Board agreed that the Planning and Zoning Department should research further for violations of the zoning regulations. Mr. John Goralski, Code Compliance Officer reviewed with the Town Board certain amendments to the law that he's recommending for better enforcement of the law. Town Board held discussion, agreed and recommended a resolution be prepared for Monday night's meeting to set a public hearing for the proposed amendments to the law. Mr. Goralski updated the Town Board regarding Mr. Delorenzo's situation that exists on his property. Noted, the question is whether or not he's conducting a car dealership. There's no definition in the Zoning Ordinance of automobile sales. The attorney and I are working together to come up with an accurate definition of automobile sales that's going to differentiate between someone who is selling their car on the property from someone whose buying cars for the sole purpose of selling them. No one in the neighborhood, I've interviewed several people, no one in the neighborhood says that they have seen anyone come and look at cars. No one ever comes there and test drives car, there's no for sale signs on any of the cars. The cars come in, he parks them in his driveway, sometimes he parks them right next to certain people's property lines. Councilman Pulver-The biggest complaint I hear is that he's parking them in the Town's right-of-way and they can't see down the street. Mr. Goralski-If he does that, there's no parking signs out there and the Sheriffs Department should be called. Councilman Pulver-They have been called and the Sheriffs Department refuses to do anything stating that they need to know how the Town of Queensbury would like their laws enforced. Mr. Goralski-It's a no parking zone, there's no parking. Councilman Pulver-Okay, that's where we're at now. I've brought it up with this board and I've asked Fred to call the Sheriff. This has been going on for a year and a half. Mr. Goralski-I don't understand why the sheriff doesn't ticket him if he's parking them on the town's right- of-way. Councilman Pulver-Well, maybe we need to get the sheriff in here. Town Board held discussion and agreed to contact the Sheriffs Department to schedule a meeting to discuss the issue. RESOLUTIONS RESOLUTION TO ACCEPT BIDS FOR CONTRACT NO. 33 FOR CONSTRUCTION OF 1 MILLION GALLON STORAGE TANK RESOLUTION NO. 281, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury, Warren County, New York, duly advertised for the construction of a 1 million gallon storage tank for the Queensbury Consolidated Water District, 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, a certain bidder has submitted the lowest bid for the aforementioned project as follows: BID/CONTRACT NAME BIDDER AMOUNT Contract 33 - Storage Tank , and Preload, Inc. $ 645,295. WHEREAS, O'Brien & Gere Engineers, Inc. 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 as follows: BID/CONTRACT NAME BIDDER AMOUNT Contract 33 - Storage Tank Preload, Inc. $ 645,295. , and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Water Department Account. Duly adopted this 8th day of May, 1995, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION TO ACCEPT BIDS FOR CONTRACTS NO. 31A, 3lB, 31C, & 3lD FOR CONSTRUCTION OF EXPANSION TO THE TOWN OF QUEENSBURY WATER TREATMENT PLANT FOR QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 282, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury, Warren County, New York, duly advertised for the construction of an expansion to the Town of Queensbury Water Treatment Plant for the Queensbury Consolidated Water District, 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, certain bidders have submitted the lowest bids for the aforementioned project as follows: BID/CONTRACT NAME BIDDER AMOUNT A) Contract 31A - General u. W. Marx, Inc. $ 8,573,024. B) Contract 3lB - Electrical Gomez Electrical Contractors, Inc. 789,500. C) Contract 31C - HV AC Crisafulli Brothers, Inc. 185,500. D) Contract 3lD - Plumbing Inc. DiGesare Mechanical, 194,000. TOTAL $ 9,742,024. , and WHEREAS, O'Brien & Gere Engineers, Inc. has recommended that the bids be awarded to the aforesaid bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids as follows: BID/CONTRACT NAME BIDDER AMOUNT A) Contract 31A - General u. W. Marx, Inc. $ 8,573,024. B) Contract 3lB - Electrical Gomez Electrical Contractors, Inc. 789,500. C) Contract 31C - HV AC Crisafulli Brothers, Inc. 185,500. D) Contract 3lD - Plumbing Inc. DiGesare Mechanical, 194,000. TOTAL $ 9,742,024. , and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account(s). Duly adopted this 8th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan DISCUSSION BEFORE VOTE: Tony Geiss, with O'Brien & Gere Engineers-Noted that the estimate in the map, plan and report was, for the total construction cost, $11,930,000.00. The bids for all contracts including the transmission main and the storage tank, came out at $10,818,919.50. The overall project is within the estimate of the map, plan and report by approximately 1.1 million dollars. (vote was taken) RESOLUTION TO ACCEPT BIDS FOR CONTRACT NO. 32 FOR CONSTRUCTION OF 16" TRANSMISSION MAIN RESOLUTION NO. 283, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury, Warren County, New York, duly advertised for the construction of a 16" transmission main for the Queensbury Consolidated Water District, 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, the Town Board has been advised that six (6) bids were submitted, with the low bid being submitted by Schultz Construction Company, Inc., of Round Lake, New York, in the amount of $312,418.00, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the Schultz Construction Company, Inc. bid was substantially lower than the second lowest bidder, which prompted them to review their bid, and WHEREAS, the Town Board of the Town of Queensbury has been advised that Schultz has requested to withdraw their bid in accordance with General Municipal Law, Section 103 (11), and have cited major omissions due to human transcription errors in their estimate, and the Town Board is advised that the Town Engineers have been provided with evidence substantiating the errors and omissions, and the Town Engineers have recommended that the Town Board allow Schultz Construction Company, Inc. to withdraw their bid, and accept the next lowest bidder, Joseph R. Wunderlich, Inc., of Latham, with a bid of $431,599.50, and WHEREAS, the Town Board of the Town of Queensbury is advised that, of the five (5) bids, other than the bid of Schultz Construction Company, Inc., three (3) are less than the Engineer's estimate and all were within $26,013.50 of each other, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the mistake made by Schultz Construction Company, Inc., in connection with its bid, was (1) made known to the Town of Queensbury within three days after the opening of the bid, (2) the price bid was based on an error of such magnitude that enforcement would be unconscionable, (3) that the bid was submitted in good faith and the bidder has submitted credible evidence that the mistake was a clerical error as opposed to a judgment error, (4) the error in the bid is actually due to an unintentional and substantial error or omission in transcription of estimates and, therefore, an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid which has been clearly shown by inspection of various papers and documents, and (5) it is possible for the Town of Queensbury to be placed in a position as good as if the mistake had not occurred in view of the fact that there are several other bidders, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury, after giving due consideration to the circumstances outlined in the preambles of this resolution, hereby determines that it would be appropriate to allow Schultz Construction Company, Inc. to withdraw the bid in accordance with General Municipal Law, Section 103 (11), and the Town Board of the Town of Queensbury hereby further determines that, based on the number of bidders, the circumstances surrounding this matter and the Engineer's recommendations, the next lowest bidder, Joseph R. Wunderlich, Inc., of Latham, New York, should be awarded the bid for the construction of the 16" transmission main, at a bid amount of $431,599.40, and BE IT FURTHER RESOLVED, that the amounts due in connection with the awarded bid shall be paid for from the appropriate Water Department Account. Duly adopted this 8th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan DISCUSSION BEFORE VOTE: Mr. Geiss-Bids were received and the low bidder, Schultz Construction was at $312,000.00. The next lowest bid was Joseph Wunderlich at $431,000.00. We then had bids at $433,000.00, $457,000.00, $469,000 and a $600,000 plus bid. Schultz, within a day came in and requested consideration for withdrawal of their bid. They filed a letter with the town requesting withdrawal claiming they made an error in their bid. Following that, they supplied to the town, at a meeting last Wednesday the original documentation of which I've got the original and a copy here of their bid sheets which showed the mistake they had made, leaving out a portion of the construction of the pipe line. Specifically, I believe and in fact Dan Schultz is here representing the company, they showed that they had left out the installation of the boring pit and the installation of the pipe in the casing itself. We saw the original documentation of their bid sheets, it was an error. Additional support to that are the second, third, fourth and fifth bidders which are within thirty thousand of each other and he was a hundred and some thousand dollars low which puts him down there very evident that, what did he do different and they did come in the next day and file a letter. (vote was taken) Councilman Caimano congratulated the Water Department and O'Brien and Gere Engineers on a job well done. RESOLUTION RETAINING THE SERVICES OF MARK SCHACHNER RESOLUTION NO. 284, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of services of Mark Schachner, of Miller, Mannix & Pratt, P.C., for purposes of being special counsel to the Town Attorney in connection with the application for a stay and such other and further proceedings as may be necessary in the matter of the Town of Queensbury vs. the City of Glens Falls, at an hourly rate of $125.00, plus expenses, the fees for said counsel to be paid for from the appropriate contractual miscellaneous account or, if insufficient funds exist, from the contingency account in the general fund. Duly adopted this 8th day of May, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT : Mrs. Monahan (Supervisor Champagne left meeting 4:45 p.m.) Mr. Geiss submitted to the Town Board and Attorney Dusek an outline changing the engineering contract. Town Board agreed to review and have resolution prepared for the next Regular Town Board Meeting. DISCUSSIONS Mike McCarthy - FirelEMS Account System Mr. Mike McCarthy-Submitted memo from his office to the Town Board updating the progress with the fire companies and rescue squads accounting system. Noted a scheduled meeting for the 22nd with all of them to review again where they stand with the implementation of this system. There's alot of confusion as to what they're supposed to be reporting and I asked to come here today to clarify that so when we go into that meeting on the 22nd, we have a clear understanding of what the Town Board expects. We have tried to meet with all of the squads and all of the fire companies, as the memo explains for a variety of reasons. Those meetings have come off with varied degrees of success. There's a couple of entities whom we have not met with at all, basically because of their failure to respond to us. We've made numerous attempts to meet with them and I think this meeting on the 22nd, will be a good meeting. I think there's alot of confusion as to what this new report to the town is supposed to be. We designed this system to try to make it as easy to use as we could for the different companies and squads so that they had to change very little of what they were doing on an ongoing basis for their bookkeeping. The intent was to put the burden on the fee accountants, to prepare the statement in this format and I don't think all the companies really understand that. So, we've asked on the meeting of the 22nd to have their fee accountants attend but I think there's still some confusion as to what's supposed to be in that report, is it only the town money, is all company and squad money. We're still coming back to that question and we just wanted your guidance before that meeting so we present the right position to them. Town Board held discussion, agreed that the position of the Town Board is that the report should reflect all monies of the company, not just town money. Lighting Districts Councilman Turner noted that the Twicwood Subdivision is requesting special lighting, architectural lighting. It's my recommendation that, if they want them, then a special benefit district is set up and they pay for them. Attorney Dusek recommended the town setting a standard policy that would address this issue now and for future requests. Town Board agreed to move forward in preparing policy. Councilman Turner noted that a previous resolution passed in December of 1994 which approved the Baybridge Subdivision these particular lights should be rescinded until the policy is adopted by the board. Town Board agreed and requested that the resolution be prepared. Town Flags Councilman Pulver requested permission from the Town Board to purchase 2 flags, four foot by six foot with the Town of Queensbury logo, one parade banner and a banner for the comer of Bay and Quaker. Noted, the total cost is less than one thousand dollars. Town Board held discussion and agreed to have resolution prepared. Liquor License - India Palace Attorney Dusek noted, the State always puts you on notice whenever there's alot of liquor licenses all in one place in case you want to object to it for any particular reason or give them information that you feel is relevant. You had one of these come before you the last time and you just did nothing. Town Board held discussion, agreed there's no problem and to take no action. QEDC Applicants Councilman Caimano noted that there are two members that have been recommended for the QEDC Board, Deborah Skinner and Dave DeMarco and requested that a resolution of appointment be prepared for the next regular meeting of the Town Board. Attorney Matters Attorney Dusek noted quotes from Rick McCarthy of Hodgson, Russ, Andrews, Woods & Goodyear for assistance of bond counsel; $190.00 per hour for himself and $145.00 per hour for Karen Martell. Would like some direction from the board as to whether you would like to proceed forward. Town Board held discussion and agreed to do formally by resolution at the next regular meeting of the Town Board. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 285, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters Executive Session to discuss an assessment case and a personnel matter. Duly adopted this 8th day of May, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner NOES: None ABSENT: Mrs. Monahan, Mr. Champagne RESOLUTION TO RECONVENE RESOLUTION NO. 286, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 8th day of May, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano NOES: None ABSENT: Mrs. Monahan, Mr. Champagne (Supervisor Champagne entered meeting) 6:00 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 287, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to conduct interviews for the Ethics Committee. Duly adopted this 8th day of May, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO RECONVENE RESOLUTION NO. 288, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 8th day of May, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION ADJOURNING MEETING RESOLUTION NO. 289, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 8th day of May, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY