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1982-02-23i 55 New York for a 1982 L8000 Dump Truck with pZow and hopper sander the amount of the bid being $53, 460. 00 and be it further RESOLVED, that the financing for such a Truck was included in the 1982 Highway Budget. DuZy adopted b th y p y e following vote.: i Ayes: Mr. OZson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs . WaZter Noes None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 54, Introduced by Dr. Charles Eisenhart who moved for its a op ion, seconded by Mrs. Frances WaZter: RESOLVED, that the Town Board hereby moves into executive s-e3ssion to discuss personneZ matters. DuZy adopted by the foZZowing vote: Ayes: Mr. OZson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Mo2;beZZ, Mrs . WaZter ` Noes: None I Absent: None On motion the meeting was adjourned. Respectfully, DonaZd A. Chase, Town CZerk n I i TOWN BOARD MEETING FEBRUARY 23, 1982 TOWN BOARD MEMBERS Mrs. Frances WaZter-Supervisor Mr. DanieZ OZson-CounciZman Dr. CharZes Eisenhart-Councilman Mr. DanieZ MorreZZ-Councilman Mrs. Betty Monahan-Councilman Mr. Joseph Brennan-Town CounseZ i PRESS: WWSC, G.F. Post Star GUEST: Representatives of the Queensbury Senior Citizens Organization, Mr. GeaZt Mr. SchuZtz TOWN OFFICIALS: Mr. Stephen Lynn, Mr. HaroZd Hansen i PZedge of Allegiance Zed by CounciZman Betty Monahan MEETING OPENED 7:50 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION N0. 55 , Introduced by Dr. CharZes Eisenhart who moved for its adoption, seen . DanieZ MorreZZ: RESOLVED, that the Town Board Minutes of February 9, 1982 be and hereby are approved. t DuZy adopted by the foZZoming vote: Ayes: Mr. Olson? Dr, Eisenhart, Mr. MorreZZ, Mrs, Monahan, Mrs, WaZter Noes: None Absent: None a 56 RESOLUTION TO AMEND BINGO LICENSE QPcnr.TITTON Nn sa Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: j RESOLVED, that Bingo License No. 17017 VFW be and hereby is amended to include three Sunday Bingo Dates, February 28th, March 7th and April 25th 1982. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrre Zl; Mrs.. Monahaia, Mrs,. Walter Noes: Dr. :Eisenhart Absent: None RESOLUTION OF SORROW RF,SOLUTTON N0-57 Introduced and Seconded by-.the Entire Town Board WHEREAS, Mrs. Linda Buckley has held several positions during the past several years for the Town of Rueensbury, as Member of the Conservation Advisory Council and Deputy Receiver of Taxes and WHEREAS, Mrs. Linda Buckley in the performance of her duties continually demonstrated great diligence, the highest professionalism and an exceedingly great regard for her fellow citizens, and WHEREAS, the Town Board and the people of 9ueensbury were saddened to learn of the passing of Mrs. Linda Buckley on February 14, 1982, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of all the people of the Town, hereby express their deep sorrow on the death of their friend and co-worker, Mrs. Linda Buckley and express to Mr. Raymond Buckley, his children and farniZy members, their sympathy at this unfortunate time. Duly adopted by the following vote: i Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter I Noes: None Absent: None j DISCUSSION HELD - Bid Opening on Recreation Vehicle Councilman Morrell- We had five bids submitted that met the specifications on the car, the low bidder was LeCar at $5,299.00 the second low bidder was for a Ehevette at $5, 739. 00 and in checking this out, if we take delivery of the Chevette we would be entitled to a $375.00 rebate bringin` -the-price ,do&) to a difference of $65.00 from the low bidder. Since we already have two Chevettes in our fleet and some_repZacement parts and the tools for inhouse repairs I would introduce the resolution to accept the bid from MaZtbie Chevrolet Inc. Councilman Olson- I will second the resolution, the Two Cars in Building & Zoning were purchased from the same garage, the service has been good and no problems with warrantee and undercoating of those vehicles, I feel justified in awarding the bid to the second low bidder based on the performance of the organization that has supplied us with two other cars. . . Councilman Eisenhart- There is no rebate on the LeCdr? Councilman MorreZZ-To my knowledge no. `-i Councilman Eisenhart- I was going to insist on the low bid but for Sixtyfive Dollars I think we are justified in getting the same kind. . . Councilman Olson- the bid from MaZtbii� Chev. is a business situated in Warren Co. I think we should do what we can to keep our business, if not within the Town at least within Warren County when it is that close a bid. . . RESOLUTION TO ACCEPT BID ON RECREATION VEHICLE RESOD LU_N NUJ_ 58 Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: 57 WHEREAS, Mr. Harold Hansen, Recreation and Youth Service Director for the Town of Queensbury did recommend that we advertise for bids for a Subcompact Car, and WHEREAS, Five Bids were submitted and received and opened at the specified time and place by the Director of Purchasin g naZ d A. Chase, an d such bids Town Clerk D o I were then turned over to Mr. Hansen and the Recreation Committee for their recommendation and WHEREAS, after a discussion was held, i.t. was.1•,,the,decision of the Town Board that the bid from MaZtbie Chevrolet Inc. be accepted for the following reasons. ;:. a Three Hundred and Seventy Five Dollar rebate and the use o f re Zacement p parts and tools for inhouse repairs that the Town has. NOW, THEREFORE BE IT t `— RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid from MaZtbie Chevrolet Inc. of Lake George, New York for a new Chevrolet Chevette innthe amount of $5, 739. 00 with a $375. 00 rebate if delivered before March 31, 1982, and be it further RESOLVED, that the financing for such a vehicle will be from Revenue Sharing. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION HELD - Fuel Oil Bid - Ltr. Mr. Flaherty recommended that the bid from Finch Pruyn Inc. be accepted. . .on file Supervisor Walter- Mr. Flaherty indicated in his letter that FinchPruyn is the lowest acceptable bid. . . I wouZd point out that azother ,.bid which icou ld,?have been the low bird, that company bid 109.04 dollars a gallon which was an error on their part it should have been 1. 09 dollars a gallon. . . Councilman Olson- I would introduce a resolution that we accept -he bid of Finch Pruyn Fuels Inc. I would also state the in the last year Finch Pruyn has been servicing the Town, their delivery service has been excellent and also their billing procedures. . . i Councilman Eisenhart-Our Counsel advises us that we would be legally in a difficult situation if we took the supposed,,4ow bid which is not low at all, so therefore the only proper bid is this one. . . Supervisor Walter- the Town has the night of throwing out all the bidsjbut if we do we would be out of oil. . . Councilman Olson- . . . the one is probably a typographical error,it is still an actual bid and legally we can' `Zook at it. . . Supervisor Walter- On the advice of the Attorney we have to take the bids at face value upon the opening. . . RESOLUTION TO ACCEPT BID ON FUEL OIL I RFt4"T7,PTnn7 ron V3 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, Mr. Thomas Flaherty, Building and Grounds Supt. for the Town of Queensbury did recommend that we advertise for bids for Fuel Oil and i WHEREAS, Four bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A Chase and such bids were turned over to Mr. Flaherty for his recommendation and WHEREAS, Mr. Flaherty by letter has recommended that the bid be awarded to Finch Pruyn of Glens Falls, New York, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Finch Pruyn of Glens FaZls, New York in the amount of $1. 108, $1.099 and $1.089 for Fuel OiZ, $1.118 for Diesel and $1. 118 for Kerosene and bait further RESOLVED, that the financing for such materials is included in the 1982 budget. i 58 Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None BID OPENING- COMMUNICATION SYSTEM, WATER DEPT. Bids opened at 2:00 P.M. 2-23-82 SCI Communications Inc. 421-423 Broadway Saratoga Springs, New York 12866 $3,465. 00 Non cot. attached The bid was turned over to Mr. Flaherty for his recommendation. Councilman MorreZZ- requested an executive session to discuss Litigation RESOLUTION CALLING FOR EXECUTIVE SESSION RPROUITTON NO. 60._ Introduced by Mr, Daniel MorreZZ who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the, Town Board hereby moves into executive session to discuss possible Litigation. Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter i Noes: None I Absent: None RESOLUTION TO REOPEN MEETING r I N NO. 61 Introduced b Mr. Daniel Olson who moved for its adoption, sonde by Dr�arles Eisenhart: RESOLVED, that the Town Board of the Town of Queensbury hereby reopens the regular meeting of the Town Board of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor WaZter-we have just completed an executive session which would be relative to a possible litigation. The Town Board during that discussion has determined that there will be no further comment. Councilman MorreZZ- What has been discussed was that in pursuing this matter at this time the cost involved to the Taxpayers of the Town could conc6ivabZy well exceed the amount of monies that we would seek to recover. Supervisor Walter- Therefore^utioutd not be in the best inteaw t of the taxpayers -� of the Town. OPEN FORUM Mr. GeaZt- in executive session you discussed something that might possibly be in Litigation in the future, were you advised by somebody? Supervisor WaZter- we had our Consulting Enotn4ar and our Town Attorney, Mr. Chase took minutes. Mr. GeaZt- They advised you? Supervisor Walter- the discussion was among all those present and it was the consensus of the Board that,as Mr. MorreZZ indicated it would be costly and that the Board would not proceed. 59 i Mr. GeaZt- It seems a shame to do so on Attorney A,dvive considering the Last Law suit resuZts If there is no Zitigatian taking place right now—why can't you tack about it after you came back? Supervisor WaZter-Any possible Litigation is something we can go into executive session for, Mr. MorreZZ was interested in a particular Resolution and that was discussed. I have indicated that it was the consensus of the Board that this wouZd not be in the best interest of the taxpayers in the Town of Queensbury at this time. A Mr. GeaZt- CouZd you teZZ me how many were in favor of the Litigation and how many were against it? ` Supervisor WaZter- I do not think I need to teZZ you that. Mr. GeaZt- how soon wiZZ the information f#m the executive session be made public? CounciZman Eisenhart- there is no information on executive session except the resuZt of it. Supervisor WaZter- What is the point of your comments Mr. GeaZt? Mr. GeaZt- I can just trying to get information about what went on and how the Town Board handled it so I can make a decision on what I should do. Unknown- Asked if the Board was setting a precendent that;a contrac _4fauZtson a contract they might not be sued because the Board wiZZ consider; it wouZd not be worth their whiZe to go ahead to g et the money back? Supervisor WaZter- I do not think that any of the Board Members are in a position to comment on your statement. Unknown- this-,'is theoreticaZ but don't you reaZize that this could be a possibility. . . a potentiaZ in the future, faulty work"some contract is put out by the town and is not done right and the contractor can get away free. . . Supervisor WaZter-are you making aZZegations sir? Unknown- No not at aZZ. Supervisor WaZter- in the discussion during the executive session we felt that there was not enough information at this time to make any decisions. Unknown- I on reaZZy disturbed that this Town Board does not feeZ that it can discuss an issue that affects the pubZic�in front of the public, why is it when there is any controversy must they go hide and taZk behind cZosed doors, there is j nothing as far as I can understand mandated a cZosed executive session. . . Supervisor WaZter - when the Town is eonsidering� or has before it a proposaZ for , Litigation that is under the sunshine Zaws1 a proper excuse to go into executive session. CounciZman Monahan- I think the reason is that anything that is said here could be 1 used in a Court of Law. Mr. Schultz-When you were in executive session you were advised by your Engineer and i your Attorney, who was the Engineer? Supervisor WaZter- Mr. Scudder is our Engineer of the moment this evening and Mr. Brennan is our Town Attorney. Mr. Schultz- Mr. Scudder is from what firm? Supervisor WaZter- Mr. Scudder is a professionaZ engineer who happens to be here on other business and I asked him as the Supervisor of the Town to be part of the executive session in case we had any technical questions that we may have wanted to ask him. He is a part of CharZes H. Scudder Engineering. . .a certified prrofessionaZ engineer with whom this Town has retaindon any number of occasions. Mr. GeaZt- I still wonder what the Board's position is on this, you said you feZt there was not enough information to proceed at this time and it was not in the best interests of the Town based on the information that you have at the moment, are you going to make any effort to probe a ZittZe deeper into the situation or is the matter terminated? Supervisor WaZter- That depends on the feelings of the Board, I said at this time we would not ppoceed. i 1 60 Mr. Gealt- At this time the matter is terminated as far as you are concerned. Supervisor Walter- Right, unless further information becomes available, the Town at this time is not going to retain anyone, we would feel that, that is exactly what we would have to do to go into litigation. We would have an expense to bear in putting together a case. Mr. GeaZt- You are not going to take any action, you are not going to investigate any further whatsoever. Supervisor WaZter- As of this evening I do not believe we are planning to take any action. Mr. GeaZt- Dr. Eisenhart coo you agree that this is what you felt when you were in there, you are not going to take any further action whatsoever that you are satisfied yourself that the expenses would be greater than the possible recovery. Councilman Eisenhart-Yes, but that is only part of the situation, we do not see that we had anything to go on that would Warr nt our entering into litigation. . .so we felt that we should not carry the thing any further because we do not have anything to go on. Mr. Turnbull-introduced the Group from the Senior Citizens to the Board, part of a program of political education. . . - Supervisor Walter- Our Residents are welcome to attend any of our Town Board Meetings. . . Councilman Eisenhart- I am delighted that you got the group here tonight and I hope you do it again. . . i Mr. Turnbull- asked the Board to consider a Senior Citizens for the opening on the Recreation Commission. . . 1 Supervisor WaZter- Mr. Lovigne has been on the Recreation Commission for twelve years he does not want to be reappointed for another term. . . noted that it was an excellent suggestion , in regard to placing a senior citizens on the commission. . . Councilman Olson-asked that if someone was interested please submit th6ir,name for consideration at the Supervisor's Office. . . 1 Mr. Gregory- Asked if there was any information in regard to consolidating the Police Force into the County? Supervisor WaZter- It was the consensus of the Board last year to Zook into that, as =far as going to a county police dept. That is now taking place on the County level, there had to be a study done by a group out of Albany, Dept. of Criminal Justice as far as I know they have received reports from all the police deer-trnents in the County and we were looking at the cost, so far we have no figures back as to what it would cost to go to a county police dept. I would suggest that for the Town of Queensbury it would be less expensive because we are paying about 34% of the County Budget and also supporting 100% of our own police dept, however on a county wide basis we do not have the costs and how that is going to sell to the r other Town's in the County. Councilman Eisenhart- The original study that was done in 1972 pointed out that you could not start a county police department you have to have a district police: dept. excluding Glens Falls, but it could be written in such a way that if the City chose at some time they could join the district and then it would be a county dept. Unknown-asked if an adhoc committee would be formed to seek further information ' in regard to the Zitigation? Supervisor WaZter-that is something that could be considered, first off it is not a matter of just gathering up information) we would in going into any kind of Zitigation, we would need the expertise of technicians and engineers etc. and that is where the Board felt the expense would lay. Mr. Gregory- I would like to know what is going on? Supervisor WaZter- Mr. Gregory, I think we have a audience of people who want to see the Town sue, on the basis of the information that we had available this evening as to possibly instigating a law suit, the Board felt we did not have enough information to go forward with any kind of litigation. That is what we