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1994-12-30 SPECIAL TOWN BOARD MEETING DECEMBER 30, 1994 12:35 p.m. MTG.#75 RES. 665-672 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Nick Caimano Councilman Carol Pulver Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Dr. R. George Wiswall Supervisor Fred Champagne-Opened the Meeting DISCUSSION ON INSURANCE Councilman Monahan-We had several different agencies give us quotes, we carefully took them apart and got them apples to apples and we had two quotes that were quite close together. We ended up with a base price that will be about $41,000 savings over last year which is a 17% savings. It is Fred's and my recommendation that we go with St. Paul Insurance Company for the major carrier and Kemper will be writing some of the specialty lines like the boilers. Cool is the agent for St. Paul and I can only thank all the agents that I worked with they were all cooperative they answered all my millions of questions and we checked them all for service, all qualified as far as service, had very good recommendations and it did end up coming down to the dollar. Supervisor Champagne-A major savings was the officers liability. Thanked Mrs. Monahan for her hard work on this project. Councilman Monahan-Requested that the Supervisor's Office send a letter to all the agents, thanking them for their cooperation, and letting them know of the out come. RESOLUTION AUTHORIZING APPLICATION AND PURCHASE OF INSURANCE RESOLUTION NO.: 665.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, General Liability Coverage Insurance and other related types of insurance with the Town of Queensbury must be renewed for the year 1995, and WHEREAS, the Town Supervisor and Councilperson Monahan have reviewed the insurance in effect for the Town and have also arranged for the solicitation of insurance coverage available through other companies, and have reviewed the same, and have, at this meeting, recommended to the Town of Queensbury, the purchase of certain insurance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, being familiar with the insurance coverage in effect for the Town of Queensbury for General Liability Insurance, and after considering the recommendations of the Town Supervisor and Councilperson Monahan, hereby authorize and ratify any applications to the St. Paul Insurance Company for General Liability and other lines of coverage and Kemper for other related insurance coverage and hereby further authorizes the securing of insurance coverage from that Company through the agency of Cool Insuring Agency, which was the previous agency for the Town. Duly adopted this 30th day of December, 1994, by the following vote: AYES Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Dr. Wiswall BUDGET AMENDMENTS-Discussion held requested information from the Accounting Dept. FIVE MINUTE RECESS RECESS ENDED RESOLUTION OF CLARIFICATION OF INTENT AND PURPOSE WITH REGARD TO FIRE PROTECTION DISTRICT FUND SURPLUS RESOLUTION NO.: 666.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury recognizes that surplus funds will exist in the Fire Protection District Fund since more money will be raised by taxes than is necessary to pay for the amounts set forth and agreed to in the various Fire Company and Rescue Squad Agreements for 1995, and WHEREAS, the Town Board of the Town of Queensbury indicated during the course of the negotiations with the various Fire Companies and Rescue Squads that its intent was to maintain a reasonable surplus in the Fire Protection District Fund for the purpose of 1) providing flexibility to enter into agreements with the fire companies and rescue squads in future years that would contain payment obligations that may differ and possibly be greater than the amounts agreed to be paid in 1995 as vehicles, other fire apparatus, and/or new equipment and/or major maintenance items are planned for and purchased, assuming, of course, approvals are received as required under the contract between the parties, 2) allowing the Town to be fiscally responsible and not have significant increases or changes in the tax rates assessed against the property owned by the residents and businesses of the Town of Queensbury, and 3) allowing the Town to have available financing for unplanned catastrophic occurrences, and WHEREAS, Queensbury Central Fire Company has requested that the understanding indicated by the Town Board during the course of negotiations be committed to written form, and the Town Board agrees that the same is appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates by this resolution that the information set forth in the preambles of this resolution is a true and correct statement of the Town Board's plans with regard to the surplus funds in the account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury recognizes that the following Fire Companies and Rescue Squads have requested funds for the future purchase of vehicles that have not been included in their contract for 1995: Queensbury Central Fire Company $ 50,000 South Queensbury Fire Company 15,000 Bay Ridge Rescue Squad 30,000 West Glens Falls Emergency Squad 20,000 North Queensbury Rescue Squad 16,000 Duly adopted this 30th day of December, 1994, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES Mrs. Pulver ABSENT: Dr. Wiswall DISCUSSION HELD BEFORE VOTE: Councilman Caimano- The only further discussion is the fact that we have had a series of meetings this morning concerning the language in this, there is nothing in this resolution that isn't covered other places and we are doing it at the request of one of the fire companies in order to have everybody assured of what it is exactly we mean by this surplus. This should not in anyway diminish what has gone before with those companies that have signed and have understood this would be added to their contracts also I assume, Paul? As an addendum. Attorney Dusek- It would be sent out. Councilman Caimano- To all people that have already signed so that they understand that it is just a clarification of a position that we have had all along. Councilman Monahan-Actually, I see this really, as establishing a paper trail and something that probably Boards in the past should have established when they established funds we have had some questions about, the views of Boards in the past and this puts us on record as a reason for this fund, why it is to be used and the purpose of it and also will do the same thing for the New York State Department of Audit and Control when they check at this fund they will have the exact reason and the purpose for the establishment and that is why I think it is more necessary then actually a clarification with the companies I feel it is necessary for this paper trail. Unknown-Is this legal? Councilman Monahan-Absolutely. VOTE TAKEN Attorney Dusek-As the Board knows there is a public hearing set for the third on the contracts and you have the contracts previously before you so I did not make copies of the same thing, they are in the Town's records and part of the Clerk's records, to those contracts however there have been one proposed revision. Councilman Caimano- The time line? Attorney Dusek-That I am going to hand out now. That agreement that you have in front of you would be proposed to be an addendum to the Fire Company Contracts, bear in mind everything has been happening very quickly over the past few days and this stemmed from negotiations with Queensbury Central and as a result it only refers to Fire Companies, questioned if it should also refer to the Rescue Squads? Board agreed to have it refer to the Rescue Squads... Councilman Pulver-This isn't anything that hasn't already been discussed at many meetings anyway with the Rescue Companies and Fire Companies. RESOLUTION AUTHORIZING ADDENDUM TO FIRE COMPANY AND RESCUE SQUAD CONTRACTS RESOLUTION NO. 667.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been presented at this meeting a proposed addendum to the previous agreements that have been proposed between the Town of Queensbury and the Fire Companies and the Rescue Squads and that have also already been approved for public hearing by earlier resolution of this board, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this addendum which concerns the time line and the explanation of the one five years plans and feels that it is an appropriate addendum to the contract and hereby would like to add that to the Contract. NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby adds this addendum to the Contracts that have been previously set forth for public hearing for January 3rd, for both the Rescue and the Fire Companies and hereby further authorizes the execution of this document today by any of the Fire Companies and Rescue Squads that are desirous of executing these documents and that should any company not execute this particular document, the Town Board's intent is still to enter into a Fire Company agreement or Rescue Squad agreement with any of the companies. Duly adopted this 30th day of December, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Dr. Wiswall DISCUSSION HELD BEFORE VOTE: Attorney Dusek-I am going to hand to you a proposed agreement this is to cover the gap in time the three or four days until we get to the public hearing. This agreement basically provides that the Fire Company has authorized and executed a contract annex here to as Exhibit A and that would be the contract that we have for 1995. What I am going to recommend is that the Town and the Fire Companies execute those contracts today, even though the Town has not held the public hearing. So those would be theoretically executed before this is executed of course, this agreement says that you did that, you executed them and that you also have a public hearing pending in a few days and we say it is the desire of the parties to have this contract that is going to public hearing to be the contract between the parties but that you also recognize that Town Laws provides for a public hearing to be held before you authorize the same but you say in view of this although that is what your desire is to have this contract in place in the event that the contract you signed for 1995 is determined not to be in effect for any reason the parties are extending the terms and provisions of your 1994 contract that was previously authorized under law with the amount of money however to be as in the 1995 contract. I am trying to basically say if anybody can find a flaw in the 1995 agreements because we have not held a public hearing, and I think a reasonable argument could be made that the public hearing, even though it was not held doesn't necessarily mean that the contract is totally invalid or void, but I am saying if they possibly could then I want to be able to argue that well, we provided for that contingency by saying the old contract stayed in effect for that time period that the new contract was not in effect. We also obviously when you have that happen there is a question of money because the money differed in both contracts we are saying for this extension agreement the money that was to be paid in 1995 will be the money paid pro- rated obviously, so then it all comes out. You get the amount of money you would have gotten under your 1995 contract and that is it. I am recommending to the Town Board is to approve this by Resolution as well. RESOLUTION APPROVING AGREEMENTS FOR FIRE AND RESCUE SQUADS IN SAME FORM RESOLUTION NO. 668.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board has been presented with a proposed agreement that is in sample form that would authorize an extension of the 1994 agreements in certain instances with each of the Fire Companies and Rescue Squads NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves of this agreement in sample form and understands that the agreement would be modified for Rescue and Fire with different names being placed into the agreement and hereby further authorizes the Town Supervisor to execute these agreements provided that the anticipated agreement for 1995 is first executed. Duly adopted this 30th day of December, 1994 by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall RESOLUTION APPROVING AGREEMENTS WITH FIRE AND RESCUE SQUADS RESOLUTION NO. 669.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing the geographic territory of the Town, and WHEREAS, the Town has provided for Fire Protection and Ambulance Protection therein by individual contracts with the various Fire and Rescue Squads consisting of eight companies, and WHEREAS, the present contracts between the Town of Queensbury and said companies expire on December 31st. 1994, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the various Fire Companies and Rescue Squads, and WHEREAS, proposed agreements have been presented to the Town Board of the Town of Queensbury in connection with each of the Companies, and WHEREAS, the agreements have been presented at an earlier meeting of the Town Board and in fact the Town Board has set a public hearing for all of those agreements, and WHEREAS, the Town Board of the Town of Queensbury is desirous upon recommendation of the Council authorizing the Town Supervisor to execute those agreements on this day. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury on behalf of the Fire Protection District hereby approves of the agreements that have been previously presented at an earlier board meeting and also that have had an addendum added to them on this date and hereby authorizes the Town Supervisor to execute each and every one of those agreements on this date. Duly adopted this 30th day of December, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Dr. Wiswall DISCUSSION HELD: Councilman Caimano-I would like to say for the record a couple of things, the first thing is whether or not we always agree I want to complement Paul Dusek for sometimes extraordinary effort in doing this work. Councilman Pulver-Complement the staff too. Councilman Caimano- That was next, it is a pain in the ass and he and his staff have done an excellent job. As I said I do not always agree but that is ok, that is what it is all about. By not agreeing we come to some kind of conclusion, I appreciate your efforts I know it was not easy and we are not easy but we feel that we are doing the job the way it is supposed to be done and you feel that way too so therefore we are going to butt heads sometimes but that does not from my standpoint diminish my respect for the efforts that you and your people have put forth and by the way your people also. Thank you. Supervisor Champagne-I want to recap that same feeling, certainly Paul and I have had a good many hours spent devoted and dedicated to this it is not always that I agree, we have met with a goodly number of these people, the last week we have spent a lot of time and I think that certainly through his efforts and bring about this whole tax stabilization fund issue has just been a remarkable futuristic approach. Mr. Ayotte was in here this morning from the State Office of Fire Control and Prevention and this is an absolute first. No where out there, not in the State of New York Councilman Monahan-Really. Councilman Caimano-Ground breakers Councilman Pulver-Trend setters Supervisor Champagne-We really are, he certainly admires us for doing what we are doing and he will do whatever he can, I might also add at the same time that right after January 1st. his office is more than willing to come up here to sit down with us looking at consolidation, looking at anything we want to take a look at. Councilman Caimano-Having said that, lets have the other side that we need to leam from. That is the fact that we keep stumbling on this and we have had a whole year to work on it, we cannot have when we are in serious negotiations like this, we cannot have you and you or any of us going out and talking to the other side if you will, without reporting back what the hell has been done. You put us on a god dam problem, not only that we were delayed here unnecessarily because that communications was not there. That communications has got to be all of us, if I do the same thing, and I try to do that, if I talk to West Glens Falls Fire I try to let you guys know what the hell I said, and I assume my compatriots do the same thing. But, for some reason, when things happened in this freaking office we do not get the word. I resent that it is an insult to us an it is not, it has happened to god dam many times to be an accident it is a mind set and that mind set better change because one of these god dam days we are going to get in trouble over it. Councilman Pulver-It is going to be embarrassing. DISCUSSION REGARDING NEXT PROPOSED RESOLUTION: Councilman Monahan-Questioned the first figure... Kate DuBois-Some of it was advertising of the Comptroller, business cards, petty cash, Ray Supply, Country Fare...Councilman Monahan-Requested that in the future we put a little bit more into the misc. contractual...Questioned by Town Justice needed money...Ms. DuBois-This is for their payroll, their budget was not set correctly...Deputy Court Clerk was part time and then another person came in, is that figured out? Ms. DuBois- Yes. Councilman Monahan-The Justice Court Officer, questioned if that was for more hours? Ms. DuBois-1 think sO...Councilman Monahan-Questioned the Confidential Secretary to the Supervisor? Ms. DuBois-When Barbara retired she was paid quite a bit for unpaid vacation time, sick time and such. Councilman Caimano-Questioned the $2,000 for the Budget Officer Ms. DuBois-That is Mike McCarthy's...contractual basis. Councilman Caimano-Building and Grounds Laborer A $5600? Supervisor Champagne-That is the guy that came in this sununer... RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 670.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: VARIOUS - GENERAL FUND: FROM: TO: AMOUNT: 01-9060-8060 01-10 10-4400 $ 1,600. (Emp. Benefits - (Town Board - Misc. Hosp.) Contr.) 01-9060-8060 01-1110-1110 3,100. (E.B. - Hospital- (Town Justices) ization) 01-9060-8060 01-1110-1212 5,500. (E.B. - Hospital- (Town Justice - Dep. ization) Court Clerks) 01-9060-8060 01-1110-1720 1,000. (Emp. Benefits - (Town Justice - Court Hosp.) Officer - PT) 01-9060-8060 01-1220-1020 4,600. (E.B. - Hospital- (Conf. Secretary - ization) Supervisor) VARIOUS - GENERAL FUND: FROM: TO: AMOUNT: 01-9060-8060 01-1220-4400 150. (E.B. - Hospital- (Supervisor - Misc. ization) Cont. ) 01-9060-8060 01-1340-4400 2,000. (E.B. - Hospital- (Budget Officer - Misc. ization) Contr.) 01-9060-8060 01-1355-4100 150. (E.B. - Hospital- (Assessor - Telephone ization) Use) 01-9060-8060 01-1460-1061 3,000. (E.B. - Hospital- (Records Clerk) ization) 01-9060-8060 01-1620-1400 5,600. (E.B. - Hospital- (Bldg & Grounds - ization) Laborer A) 01-9060-8060 01-1620-1400-002 1,000. (E.B. - Hospital- (Bldg & Grounds - ization) Laborer A - OT) 01-9060-8060 01-1620-1470-002 1,000. (E.B. - Hospital- (Bldg & Grounds - Working ization) Foreman - OT) 01-9060-8060 01-1620-4060-22 400. (E.B. - Hospital- (TOB - Service Cont. ization) & Warranties) 01-9060-8060 01-1620-4110-22 200. (E.B. - Hospital- (TOB - Vehicle Repair ization) & Maint.) 01-9060-8060 01-1620-4400-24 50. (E.B. - Hospital- (Court Bldg. - Misc. ization) Contr.) 01-9060-8060 01-1620-2899-27-27 200. (E.B. - Hospital- (Misc. Cap. Constr. ization) Qby. Center) 01-9060-8060 01-1680-4060 550. (E.B. - Hospital- (Data Processing - ization) Ser. Contracts) VARIOUS - GENERAL FUND: FROM: TO: AMOUNT: 01-9060-8060 01-3120-4400 34. (E.B. - Hospital- (Police - Misc. Contr.) ization) 01-9060-8060 01-3410-4400 25. (E.B. - Hospital- (Fire - Misc. ization) Contractual) 01-9060-8060 01-3620-1605 1,525. (E.B. - Hospital- (Exec. Dir. - Planning, ization) Zoning, Bld & Codes) 01-9060-8060 01-5010-1320 410. (E.B. - Hospital- (Conf. Admin. Secretary ization) - Highway) 01-9060-8060 01-5182-4300 12,500. (E.B. - Hospital- (Utilities - Street ization) Lighting) 01-9060-8060 01-7020-1680 50. (E.B. - Hospital- (Recreation Leaders) ization) 01-9060-8060 01-7510-1621 90. (E.B. - Hospital- (Historian) ization) 01-9060-8060 01-8020-1002 195. (E.B. - Hospital- (Planning - Misc. ization) Payroll) 01-9060-8060 01-8020-2010 115. (E.B. - Hospital- (Planning - Office ization) Equipment) 01-9060-8060 01-8540-4400 900. (E.B. - Hospital- (Drainage - Misc. ization) Contractual) 04-9730-7030 04-9010-8010 1,204. (BAN. Interest) (NY State Retirement) 04-5130-4820 04-9795-7095 270. (Uniforms) (Interfund Loan Int.) 910-9030-8030 910-9795-7095 1,400. (Social Security) (Interfund Loan Interest) LANDFILL: FROM: TO: AMOUNT: 910-9060-8060 910-8160-1410 2,100. (E.B. - Hospital- (Laborer A - Part-Time) 910-9040-8040 910-8160-1840 3,200. (Workmen's Comp.) (Landfill Equipment Operator) 910-9040-8040 910-8160-1840-0002 400. (Workmen's Comp.) (L.E.O. - Overtime) CEMETERY: FROM: TO: AMOUNT: 02-9060-8060 02-8810-13 80 1,010. (Employee Benefits - (Cemetery Superintendent) Hospitalization) 02-9060-8060 02-8810-1400-002 75. (Employee Benefits - (Laborer A - Overtime) 02-9060-8060 02-9010-8010 285. (Employee Benefits - (State Retirement) Hospitalization) FIRE PROTECTION: FROM: TO: AMOUNT: 05-3410-4980 05-1930-4400 4,384. (Fireman's Service (Misc. Contractual - Awards) Judgments & Claims) 05-3410-4980 05-3410-4400 4,340. (Fireman's Service (Misc. Contractual - Fire) Awards) 05-3410-4980 05-3410-4410 8,200. (Fireman's Service (Annual CPA Audit) Awards) GENERAL: FROM: TO: AMOUNT: 01-9060-8060 01-1620-2210 2,176. (Emp. Benefits - Hosp.) (Audio-Visual Equipment) TOWN CLERK: FROM: TO: AMOUNT: 01-1990-4400 01-9950-9074 5,562. (Misc. Contractual- (H37 (74)) Contingency) WATER: FROM: TO: AMOUNT: 40-8310-1002 40-8310-1180-02 160. (Misc. Payroll) (Princ. alc Clerk - OT) 40-8310-1002 40-8310-1180 350. (Misc. Payroll) (Principal alc Clerk) 40-8310-1002 40-8310-13 20 950. (Misc. Payroll) (Conf. Admin. Sec.) 40-9060-8060 40-8310-4030 185. (Emp. Benefits - (Postage) Hospitalization) 40-9060-8060 40-8310-4040 50. (E.B. - Hospital- (Dues & Registrations) ization) 40-9060-8060 40-8310-4190 587. (E.B. - Hospital- (Administrative Refunds) ization) 40-8340-4810 40-9030-8030 500. (Equipment Rental) (Social Security) 40-9060-8060 40-8320-1520 1,300. (E.B. - Hospital- (Water Plant Operators) ization) 40-9060-8060 40-8320-1520-002 1,500. (E.B. - Hospital- (W.P. Operators - Overtime) ization) 40-9060-8060 40-8340-1400 450. (E.B. - Hospital- (Laborer A) ization) 40-9060-8060 40-8340-1460 1,000. (E.B. - Hospital- (Mechanic) ization) WATER: FROM: TO: AMOUNT: 40-9060-8060 40-8340-1570 8,700. (E.B. - Hospital- (Maintenance II) ization) 40-9060-8060 40-8340-1580-002 600. (E.B. - Hospital- (Meter Service Men - OT) ization) 40-9060-8060 40-8340-4240 870. (E.B. - Hospital- (Repair & Replacement Parts) ization) 40-9060-8060 40-8340-4340 30. (E.B. - Hospital- (Op. ofMaint. Center) ization) 40-8340-4410 40-9030-8030 1,800. (Gasoline) (Social Security) and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1994 Budget be amended as follows: 1) HIGHWAY FUND: la) Increase the amount in the CHIPS Revenue Account #04-0004-3501 by $27,960.80; Ib) Increase the amount in the CHIPS Paving Account #04-5110-4630 by $27,960.80; and lc) Increase the estimated revenues and appropriations by $27,960.80; 2) WEST GLENS FALLS WATER DISTRICT: 2a) Increase the amount in the Appropriated Fund Balance by $22,955.00; 2b) Increase the amount in the Water Administration Account #46-8310-4400 by $310.; 2c) Increase the amount in the Engineering Services Account #46-8310-4710 by $3,000.; 2d) Increase the amount in the Misc. Contr. (Supply) Account #46-8320-4400 by $7,990.00; 2e) Increase the amount in the Misc. Construction Account #46-8340-2899 by $8,980.; and 2f) Increase the amount in the Misc. Contr. (Dist.) Account #46-8340-4400 by $2,675.; and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 30th day of December, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Dr. Wiswall Councilman Caimano- Y ou had an answer to my tirade? Attorney Dusek-I have a couple of things I want to say. Lets start with the niceties first, well, now that we are on the record though and I do want to say you, I want to let you know that when I hear a remark like that it really makes, the first remark, I really appreciate hearing that. I think that you obviously know what at least I have been feeling and that is I felt like I was doing everything possible to try to assist the Town Board and also work for the benefit of the Town of Queensbury in terms trying to get these contracts into place and do whatever I could to facility that process and I really appreciate you seeing that. The other thing is I certainly as you have already mentioned I think it is important to thank my staff as well because without them I can do all the work in the world and it won't come out, nothing will work right. They do work hard and sometimes when I'm under stress they feel it and I know they feel it. So, I do appreciate that. As far as your last remarks, I understand where you are coming from and I certainly appreciate the fact that the Board needs information timely and in a reasonable fashion. Just a couple of observations, first of all and as I hope this Board understands I do make every possible attempt to keep you up to date and informed and in fact just recently we had something that came up in terms of litigation, assessment litigation which you were called the other night, even though nothing was concrete, even though nothing had firmed up I brought it to your attention to afford you an opportunity to take action on it before something else happened. Because I believe that is my job, you people run the Town I owe you that responsibility to get that information out to you as quickly as I can. In this particular context of Nick's remarks today I have got to feeling that they are related primarily to the events focusing around the fire contracts at this particular time and the only thing is as I think just for the record I would like it known that in accordance with your instructions I took to Paul Pontiff the information on the contracts that you told me to take to him. I did that. I did not receive any communications from Paul Pontiff on the issues, I say any, I received some but I did not receive any kind of acknowledgement where they definitely stood on your proposals until approximately 9: 15 or 9:30 last night. I had a lengthy phone conversation at my home with Paul. One of the communications as you know has led to the resolution that you adopted today concerning the surplus funds because that was one of the things that they had obviously requested. However, when it was talked over with Paul and myself at that time, first of all the late hour and after working the hours I did yesterday I was not in the mood to even do much more then listen to the phone call and take that information in. But, in addition to that though as I was not sure exactly how this could be worded or how this could be structured in the document until I actually sat down with a fresh mind this morning to think about it and what I did is, then what I did was I sat down and I constructed the document in the midst of trying to get secretaries to type things when all of a sudden we got a flush of rush of all these last minute budget amendments which I had no knowledge of until this morning and then also got interrupted for the fire prevention guy and then also trying to talk to Board Members when I could as I saw them. Because, as you know when I see you if there is anything on my mind I tell you what it is, it was not until I got that language down that I felt like I had anything at all to talk to you and it was my hope and intent to come in here, simply write it down and then pick up the phone and call Nick, call Carol, call Betty, call Fred and say here is what I am working on here is a rough idea of what I have what do you think. None of that materialized, it took as you know right up to the very almost to the very end to before I got it. However, once I had drafted it I did in fact show it to each one of you and talk to you first before I went anywhere else with iliat information. Unfortunately, we are under the gun, under the time frames and you know it is rush, rush and I think under the circumstances I did the best I could in terms of conveying information and handling the situation. Councilman Caimano- Y ou are leaning on the other side of my complaint though. My complaint is not that, my complaint is that things happen in this town hall, discussions are held with the Mayor of Glens Falls, with this guy, that person, that woman and we don't, it is not communicated to the remainder of the Board it is my recommendation and I have said this to Fred before the Supervisor he doesn't know all the things that we want to know, but it would be very propitious of him to keep a tape recorder on his desk and simply say, met with the Mayor, did this,did that and once a week hand that in a type written form to us and just very cryptic. If Carol Pulver whats to know what the hell he did or what you did when you talked to the Mayor it was a conversation then she will ask to communicate, we have to communicate better, because if we don't we are going to get into trouble. As far as the other thing is concerned I did say it before in your office and I will say it out here because, I think certainly at least Carol and I are concerned about this. We played in our opinion, in my opinion, I will not speak for her, she can speak for herself, a lawyer game. We did just fine negotiating back and forth with civilian people with brains in West Glens Falls Rescue, West Glens Falls Fire and even North Queensbury, those people who chose to take the childish way out went and hired an Attorney. Once you start into that, once you start down that hill, ...could not hold that rock back. Because you and he now, you feel high bound rightfully so, I am not criticized you, but you feel high bound to get into that thing and make sure you defend us and he defends them and all of a sudden we are down a path that none of us wants. None of us wants it, here I am sitting here I am waiting to go home and I am here sitting here waiting until Paul Pontiff could get a god dam fax sent to his office so he can decide what is going to happen at my meeting, screw him. That is absolute bull shit, excuse me. Supervisor Champagne-But how do we keep him out tell us how else... Councilman Caimano-I do not think that we need to play his game. We did not have to play his game..we had a contract there if Paul looked at that and said hey or Betty or any of us look, we could make some changes, why was it not difficult to get a contract signed with West Glens Falls Rescue and West Glens Falls Fire? Why, because they came and talked. Supervisor Champagne-You just said it, reasonable people do reasonable things, sometimes we do not have those reasonable... Councilman Caimano-Well fine, we do not have to play their game. Councilman Pulver-I just asked John Shahay, I said John did you have any, he said no we never had any problems before we were willing to sit down and sign a contract. Supervisor Champagne-Brian Fisk just said Fred I want everything that was done at your meeting, I want to give it to our Attorney. Councilman Caimano-Fine let him take it to his Attorney I do not care. Councilman Pulver-Because he has an Attorney... Councilman Caimano- W e do not have to sit here hour after hour and disect it, Paul we do not have to take his time hour after hour while he is supposed to be doing other things to get into that thing. I am sorry Betty, go ahead. Councilman Monahan-You know I have a problem with this, I am sitting here thinking about it today and I thought probably they need an Attorney because they think, we have an Attorney you know put it on equal playing, but I said no, that is wrong, Paul because that isn't how we use you. We do not get you in on negotiations, we negotiate with them one to one we only use you not as a leveraging against any companies as they are trying to use an Attorney against us we use Paul to make sure everything is legally correct both for them and for us. So, they are not in an adversarial position with our Attorney and I am getting so I do not want to see this and I am tell you. Supervisor Champagne-I do not like to see it either. Councilman Monahan-Well I will tell you what I am going to do, when budget time comes I am going to see those Attorney bills, ok, their budget next year is going to be cut by that amount of money because I think it is a waste of the taxpayers money to get this game going. Councilman Caimano-What was the purpose of it? Lets make sure we understand each other, they have perfect right, everybody has a perfect right to get an Attorney or an Engineer or whatever, we don't have to be sucked into their game. We do not have to do that. Councilman Pulver-You know what bothers me, is we asked our Attorney to draw up a contract which he does Councilman Monahan-And he does that as much for them as for us. Councilman Pulver-Right, and he draws up a contract which is fair or however we ask him to do it, then another Attorney comes in and Paul questioning his language, he is now want to re-write to what the other Attorney wants, because it is like, lets re-write this. I say wait a minute I have to have confidence in this man, I am going to back up this man, this is the sentence he gave me originally I have, he is the Town Attorney, I am going with that sentence, I am not going to go with that guys sentence. Councilman Monahan-You can get into this matter of semantics for four years I have seen it happen... Councilman Caimano-He sent this thing to Pontiffs Office, we had to sit here and wait for this fax so Paul can change on the very last word, it says colon here he wants to put in 1995 well for Christ sake. Councilman Monahan-..that is going to be my word out to these companies I am not going to play these games, I do not respect them for it. Supervisor Champagne-Well I don't either. Councilman Caimano-Well we are not going to waste our time anymore. Councilman Monahan-I am going to tell them.... We did not use Paul as a negotiator or as a leverage or trying to pull something on them, all we used, we did that as Town Board Members we .. Supervisor Champagne-We sit here and obviously on a day to day basis and we hear the telephone rings and what happens coming to this office whatever it is, and I guess what Paul and I have been trying to do over the past week and a half and maybe last week especially the people that are in and out of here he is talking to the Chief, he is talking to the Presidents we are working pretty dam hard trying to bring this thing to a conclusion, hope to Christ it never happens again on the eleventh hour, we are done and over with by November, or whatever the end of October. Now, the issue that I sense that I am trying to work feverishly to bring this thing, Paul makes a recommendation to this table as our Attorney, you say you will accept his word because that's what the man says but that is not always the way it happens at this table... Councilman Pulver-No, but we can all change our mind and have him go back and research something but the thing is we cannot be selective with what he gives us, in otherwords he gives us something and we say yea we like this but lets go see what the other Attorney say see what their words are. Councilman Monahan-...to somebody who whats to... Councilman Pulver-We are either going to go with him or we are not going to go with him. Councilman Monahan-Now, Paul Pontiff has run his fee up real good during this whole thing over a the and an and... Supervisor Champagne-I agree with that I hate to have these guys run to the God dam Attorneys but Paul is going to have to advise us on how we avoid that, how do we avoid, you say just escape it don't enter into the thing don't get into the nest with them. But I am not sure that there... Councilman Pulver-I hope that they can see right now that they really did not gain anything by having Paul Pontiff. Councilman Caimano-Brian LaFlure sat there and talked about both sides giving, we did not do anything all we did was change around wording we already had in the god dam contract. Councilman Monahan-I was offended when he said that. Councilman Caimano-It was offensive, of course he is offensive so what is the difference. Councilman Monahan-The only thing we changed our minds on was ....because we got the message when you check in Albany, wherever you had to check, like an OSHA type of thing that we, they did need to have their own cage, as soon as we got that word we put it in. That is the only thing we changed with them...we would have done it with them we did not need Paul Pontiff for that kind of crap. Supervisor Champagne-I understand that, but that is their comfort level unfortunately... Councilman Monahan-Well then their comfort level is, they are not going to get that comfort level with taxpayers money if they have got to have a bottle to suck on they go pay for it themselves. Supervisor Champagne-I cannot disagree with you Betty, but boy its...the mentality that we are playing with... Councilman Monahan-I beg your pardon, but it is my feeling that this Board this year whether or not we made some false starts and you know things gone off in maybe bad directions has in the long run done a good piece of work to pull this whole thing back into some kind of even level direction and hopefully Supervisor Champagne-And we can take pride in that too.... Councilman Monahan-We haven't done a number on them, I think we have been reasonable, we haven't tried to do a number on them even though they tried to have that perception. But I think we went above that and we did not play that game with them and we did this whole thing squarely and a good contract all the way around. I just think that message has to get out there with these companies who felt that they could deal with us that way that we appreciate it and you did not suffer any for the fact that you felt that you could deal with us directly. Councilman Caimano- I have two more quick things.. .1. While I am venting my spleen, I did talk to the publisher this morning I was, speaking of offensive I was offended by the Editorial this morning. I was not offend by the fact that they took issue with us that is what life is all about certainly with the Free Press, it is about the Park, the sarcasm and innuendo in that Editorial is beyond belief, especially when it comes from an Editorial Staff that couldn't find this God Dam Town Hall if you led them by the nose. If you want to disagree with us, disagree with us on matters of fact and I know who wrote the Editorial he is an idiot he could not find his way here with both hands. I will tell him tomorrow. Councilman Monahan-...Do they realize that the Town has to come up with another $81,000 this is not an outright gift. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 671.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board hereby moves into Executive Session to discuss a personnel issue and land purchase. Duly adopted this 30th day of December, 1994 by the following vote: A YES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury