Town of Charlton

Town Board - Special Meeting of September 5, 2007

Town Hall

Charlton, New York

In Attendance:  Supervisor Alan Grattidge, Councilman Bruce Gardner, Councilman Douglas Salisbury, Councilwoman Sandra Verola, Architect Paul Vosburgh, Owners Representative Anthony Ward, Project Neutral Dr. Paul G. Carr, Town Attorney Robert E. Van Vranken, Special Counsel Joel Howard, Selective Insurance Company Bond Representative Cathy Glavin, Contractor Walter Schmidt, Jr. of Schmidt & Schmidt, Inc., Schmidt & Schmidt, Inc. Attorney Laurence I. Fox.

Absent and Excused:  Councilman Robert Lippiello

Supervisor Grattidge called the meeting to order at 1:57 p.m. and noted for the record all parties in attendance and as set forth in these meeting minutes.   Upon motion by Councilwoman Verola, second by Councilman Gardner, the Town Board moved to enter into Executive Session for purposes of consideration of potential litigation related to the construction of the new Town Hall.  All parties referenced above who are not part of the Town Board were invited to enter into the Executive Session.

During the Executive Session, there were detailed discussions held regarding the current status of the new Town Hall construction project, with specific consideration given to the August 29 report of Project Neutral Dr. Paul Carr, presentations made by Attorney Fox and Contractor Walter Schmidt, Jr. and with questions submitted to Project Neutral Carr, Owners Representative Ward, Architect Vosburgh by members of the Town Board and Special Counsel Howard.  During the Executive Session, the Town Board requested that Ms. Glavin, Attorney Fox and Mr. Schmidt be excused for purposes of further discussion.  The excused parties were then invited to return to the Executive Session and following additional discussions regarding the new Town Hall project and the status of the contract between the Town Board and Schmidt & Schmidt, Inc., it was requested that Attorneys Fox, Howard and Van Vranken, together with Project Neutral Carr meet separately for additional discussions.  Following those discussions, all parties reconvened and for further consideration of the required elements necessary to be provided by Schmidt & Schmidt, Inc. in order to move the project forward or, without such documentation, be considered in default of the Agreement.  Following a second period of time in which Ms. Glavin, Attorney Fox and Mr. Schmidt were excused from the Executive Session, the parties agreed that a formal communication would be sent by Special Counsel Howard to Attorney Fox setting forth in detail the requisite elements now required by the Town Board to be completed by Wednesday, September 12, 2007.

The Town Board then reconvened in Public Session, summarized the content of the Executive Session, scheduled another Special Meeting for Wednesday, September 12 at a time to be determined and as dependent upon responses from Attorney Fox, Selective Insurance Representative Glavin and General Contractor Schmidt & Schmidt, Inc. relative to the issues considered during the meeting.  The Town Board directed Attorney Howard to communicate immediately with Attorney Fox setting forth the conditions agreed upon by the Town Board as necessary elements to be presented by Schmidt & Schmidt, Inc. to the Town Board on or before September 12, 2007.  These elements would include the unconditional provision for a payment and performance bond with respect to matters set forth in the so-called second contract between the Town of Charlton and Schmidt & Schmidt, Inc.  Further items were to include a comprehensive plan for setting forth in detail how and when the balance of the project work would be completed, a list of all remaining shop drawing submittals, together with dates on which they would be provided, a prioritized list of information required by Schmidt & Schmidt, Inc. from the Town or the Town’s Architect necessary to complete the project, any proposed changes in contract documents to be requested by Schmidt & Schmidt, Inc. necessary to make provision for an enhanced role of the Owners Representation to assist in the completion of the work and a list of all other projects described by size and contract value left to be completed by Schmidt & Schmidt, Inc. and currently under contract.  The letter was also to contain a direction that no work be performed and no materials or equipment to be removed from the project site until the completion of the September 12, 2007 meeting.

The meeting was adjourned at 6:15 p.m.

                                                                                                Respectfully submitted,

                                                                                                Robert E. Van Vranken,

                                                                                                Secretary Pro Temp