533.92
RESOLUTION APPROVING AMENDED LANGUAGE IN WARREN COUNTY TRAFFIC
1
LIGHT CONTRACT
RESOLUTION NO. 533, 92
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
Attorney Dusek-What I just gave to you is a copy of the contract as
it's now been marked up after conferences with the County Attorney
as you can see from the markings we're very close. The biggest
difference at this point lies on Page 4, paragraph 6, where before
if you'll recall we had a provision in there that generally
indicated that the Town wouldn't assume responsibility for the
lights until such time as the County adjusted them and the Town
checked it, if they didn't like it there was a ten day provision
all of that.The County suggested that rather than get into all of
that they would rather as the County Attorney put it to me or the
Assistant County Attorney, Sterling Goodspeed, put it they rather
cut a purchase order to New York Fire and Signal let them adjust it
while we supervise and that's it it would be done with.What this
language does is it says, the County shall after execution of the
agreement accomplish further programming or adjustments to the
satisfaction of the Town by retaining the services of New York Fire
and Signal at County's expense. The Town shall supervise the
programming and adjustments and the Town's responsibilityfor the
lights shall commence following New York Fire and Signals
performance of such service. That was their alternative to having
this back and forth because they felt they were concerned that
maybe the Town and the County might never reach an agreement
concerning the lights. An additional change was proposed on Page
5, at the end of the paragraph concerning the County's
responsibility. If you'll recall that the County as part of the
agreement will be liable and responsible at all times for its
workmanship, engineering, construction, installation and the
placement of the lights except it says, where the same if effected
and this is what they wanted, effected by the reckless, negligence,
or careless conduct and/or acts of the Town of Queensbury agents,
servants and employees.
Councilman Caimano-They don't have much respect for our Highway
Department is that what their trying to say?
Attorney Dusek-I think what their trying to say is we don't mind
being responsibility for what we did, but we don't want to be
responsible for anything that might happen after the fact. I don't
personally find that objectionable, I trust that you won't either.
Councilman Caimano-Because Paul Naylor's not sitting here in the
audience you don't find it objectionable.
Councilman Goetz-Who will supervise the programming is that Paul?
Attorney Dusek-It's whoever you would designate. The other thing
was minor language a whole other part was taken out in two places
on Page 5 or 6 concerning negligence it's just a general referral
to negligence. I didn't have any problem with that that they
wanted taken out.
Councilman Tucker-Paul, I have a question for you. Quaker and
Glenwood that mall put that light in there do they own it?
Attorney Dusek-No. We will have that too as part of this package.
Councilman Tucker-We own it.
Attorney Dusek-Yes. They put it up at our insistence.
Councilman Tucker-I understand the ones at Shop -n- Save they own?
Attorney Dusek-That's correct.
Councilman Tucker-We will have nothing to do with them?
Attorney Dusek-As far as, I know that's not part of this package
and I know of no discussions to change that.
Councilman Monahan-But, if I remember right Paul they did agree to
syncronize their lights with our lights on Quaker Road.
Attorney Dusek-I wasn't part of that agreement so I'm not sure.
Councilman Tucker-Have you talked to Mr. Naylor about this?
Attorney Dusek-I don't know that we've gone over these exact
provisions that have been proposed, but previously we had generally
discussed the concept of taking the lights over.
Councilman Tucker-We we're talking about budget the other day and
he had a considerable amount of money in his budget for these
lights that he was taken over. He didn't know at that time that
they were going to be brought up to our standards or fixed whatever
needed to be done by the County. He is going to be the man that's
doing it so he should be part of it, I believe.
Supervisor Brandt-The language sounds reasonable to me. I think if
I were the County I feel exactly the same way. I think it's a
reasonable request and I think if we really what them than let's
get on with this.
Councilman Caimano-What do you want from us?
Councilman Goetz-So what do you want from us?
Attorney Dusek-Approval of this new amended language in the
contract.
Councilman Caimano-I'll move it.
Councilman Goetz-I'll second.
Supervisor Brandt-Any discussion, please vote.
Duly adopted this 28th day of September, 1992, by the following
vote:
Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr.
Brandt
Noes: None
Absent:None