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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