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2004-08-30 SP MTG41 Special Town Board Meeting 08-30-2004 MTG. #41 216 SPECIAL TOWN BOARD MEETING MTG. #41 August 30, 2004 RES. 430-435 7:00 p.m. TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER BUDGET OFFICER JENNIFER SWITZER DIRECTOR OF PARKS AND RECREATION HARRY HANSEN SUPERVISOR STEC-Opened the Meeting RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF AUGUST 26, 2004 RESOLUTION NO.: 430, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of August 26, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a th run date of August 26, 2004 numbering 24-375500 through 24-392700 and totaling $506,134.34, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 30 day of August, 2004, by the following vote: Special Town Board Meeting 08-30-2004 MTG. #41 217 AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT WITH EDWARD AND THOMAS O’CONNOR, INC. FOR CONSTRUCTION SERVICES/SOFTBALL FIELD IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 431, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 345,2004, the Queensbury Town Board authorized engagement of Edward and Thomas O’Connor, Inc. (Contractor) to provide construction services concerning softball field improvements at the Ridge/Jenkinsville Park site (Project) for an amount not to exceed $114,371, and WHEREAS, during excavation of the new field areas at the Project Site, the Contractor discovered a subsurface water problem that could affect the Project, and WHEREAS, the Contractor has recommended installation of approximately 1150 LF of 4” perforated underdrain piping wrapped in filter fabric with #2 stone above and below the piping to improve field drainage beyond the outfield areas on two (2) of the fields on the north side of the Park area, and WHEREAS, the Town’s Director of Parks and Recreation and Project Architect, Jim Miller, have inspected the site and concur with the Contractor’s recommendations and work to remedy the subsurface water situation as outlined in Change Order No. 1 presented at this meeting, and WHEREAS, the Director of Parks and Recreation has recommended that the Town Board authorize Change Order No. 1 in the amount of $8,337.50, bringing the total contract amount to $122,708.50, NOW, THEREFORE, BE IT Special Town Board Meeting 08-30-2004 MTG. #41 218 RESOLVED, that the Queensbury Town Board hereby authorizes and approves Change Order No. 1 as presented at this meeting and described in this Resolution to Edward & Thomas O’Connor, Inc. in the amount of $8,337.50, bringing the total Project amount to $122,708.50, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to adjust the Project’s appropriations as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Director of Parks and Recreation to execute Change Order No. 1 and take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 30 day of August, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Councilman Brewer-Noted he had visited this site and they are doing a wonderful job. Supervisor Stec-Noted that they had found a water problem on the site and they installed eleven hundred and fifty feet of drain pipe, the change order is for an additional eight thousand three hundred and thirty seven dollars and fifty cents which would being the total project to $122,708.50. Director Hansen-This will help the northern fields, No. 1 and 4, to drain a lot better… RESOLUTION AUTHORIZING ENGAGEMENT OF TRI-COUNTY FENCE CO., FOR INSTALLATION OF SOFTBALL FIELD FENCING AT RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 432, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Special Town Board Meeting 08-30-2004 MTG. #41 219 WHEREAS, the Town of Queensbury’s Director of Parks and Recreation requested proposals from fencing contractors to provide softball field fencing at the Ridge/Jenkinsville Park site, and WHEREAS, two (2) proposals were received and reviewed by the Town’s Director of Parks and Recreation and Landscape Architect Jim Miller, and WHEREAS, Tri-County Fence Co., has offered to install approximately 2050 LF of 6’ high – 9 gauge galvanized chain link fencing with protective cap for an amount not to exceed $42,000, and WHEREAS, the Director of Parks and Recreation and Project Architect have recommended that the Town Board award the fencing bid to Tri-County Fence Co. as low bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Tri-County Fence Co., to provide the services outlined in the scope of services at the four (4) Ridge/Jenkinsville Park softball fields including removal of old fencing and installation of approximately 2050 LF of 6’ high – 9 gauge galvanized fencing with protective cap for an amount not to exceed the lump sum fee amount of $42,000, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from the Ridge/Jenkinsville Park Improvement Project Account No.: 138-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 30 day of August, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Special Town Board Meeting 08-30-2004 MTG. #41 220 Discussion held before vote: Director Hansen-Our initial bid was a hundred and seventy nine thousand we asked you to back off on the fencing part of it. We set the bid for a hundred and fourteen which you just approved the change order to that, we went out to bid the second time specifically to the fencing contractors and got the fence itself plus a cap all the way along the top of all four fences for forty two thousand saving approximately twenty two thousand five hundred from our initial bid. GRINDER PROPOSAL DISCUSSION Councilman Brewer-I have spoken to Mr. Coughlin he does not have a problem as long as we start with just residential, that was his major concern. I felt that way and I am sure that the Town Board felt that way also, we should just do residential. He said he had the room. Spoke to Rick Sears my only concern was what Roger said, how do we measure it? Is it measured going in or coming out? Definitely measured in a pick up truck typically holds a yard and before we have a contractor sign a contract he said he would talk to us about that. Requested that the Board Members read the proposed contract and see if we have any questions or changes let me know… I think this will be a good addition to what we do when we pick up brush and leaves. Supervisor Stec-Noted he had received calls from residents seeking this service. Town Counsel has notified the Board that this is a professional service and does not have to be bid out provided that it doesn’t hit a twenty thousand dollar threshold. Councilman Strough-Spoke to Mr. Coughlin he was not crazy about the idea and he said he did not have the room. Councilman Boor-He told me the same thing he definitely does not want it. Recommended that it be measured going out not going in, because we will lose money when you bring a yard in it could amount to three yards out. If we split it, if we get one yard we charge ten dollars and he is going to get five for every yard and it creates three yards we give him fifteen dollars and we only take in five we lose money. Supervisor Stec-We are going to charge coming in and we are going to split it, if we charge ten a yard and we keep five and he keeps five so long as it is consistent that he gets paid on the same basis we get paid on. My understanding is that he will take the stuff away we are giving him a location to operate. Councilman Brewer-Noted that this was the same but in reverse of how we handle garbage. Councilman Boor-Questioned why the community couldn’t get the chips for free? Councilman Brewer-That is something that we can talk to him about. Councilman Boor-Noted that one mile away is a facility to take the items, noted it is in the Town of Queensbury but you have to enter though Fort Ann. Councilman Brewer-I am just making a suggestion to have it at the landfill. Councilman Strough-I have concerns about what is being defined as commercial and residential. Councilman Turner-Suggested to charge less to bring the material in and more to Special Town Board Meeting 08-30-2004 MTG. #41 221 take it out, who ever wants it. Councilman Boor-I have a problem with an individual making money off the town. Supervisor Stec- Spoke on addressing the issue of the finished product…Councilman Turner-Questioned the need for this…Councilman Brewer-Requested that the Town try this … Board agreed to read the proposal … DISCUSSION LC/PR Supervisor Stec-Called the Mayors Office several times in the last seven days, I spoke to Mike Mender and traded a voice mail with the Mayor and talked to other Common Council Members..we have done the appropriate and neighborly thing by giving a courtesy call to a major landowner and letting them know what the Town is considering. Councilman Strough-Questioned if they expressed an interest in sitting down and talking to us? Supervisor Stec-I do not think that is appropriate, we are talking about a rezoning not a negotiation. I would encourage the Town Board Members to speak to Town Counsel before we discuss this any more. There will be two separate public hearings one on the LC portion and one for the PR portion to consider. The LC portion because a large portion of what we are considering is inside the Park and within five hundred feet of a municipal boundary that would have to go to the both the park agency and to the county, that will take a much longer time. The PR one is all outside of the Park and further away than five hundred feet from a municipal boundary so it is a simple town wide rezoning. I have asked Marilyn and Town Counsel to work on that one first. For the PR zone set the public thth hearing on September 13 for a hearing on the 27 and for the LC th zone set the public hearing possibly on the 27 for our second meeting in October. Spoke about leaving the clustering language as it is. Councilman Strough-Questioned if there had been a discussion on passive recreation? Supervisor Stec-No. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 433.2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor Special Town Board Meeting 08-30-2004 MTG. #41 222 RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss employee salary and fire contracts and budget regarding the potential hiring of a corporation. th Duly adopted this 30 day of August, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 434,2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 30 day of August, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None NO ACTION TAKEN IN EXECUTIVE SESSION RESOLUTION ADJOURNING MEETING RESOLUTION NO. 435.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 30 day of August, 2004 by the following vote: Special Town Board Meeting 08-30-2004 MTG. #41 223 AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury