Town of Charlton

Town Board - Special Meeting of September 12, 2007

 

Town Hall

Charlton, New York

 

 

In Attendance:  Supervisor Alan Grattidge, Councilman Bruce Gardner, Councilman Douglas Salisbury, Councilman Robert Lipiello, 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, Contractor Walter Schmidt, Jr. of Schmidt & Schmidt, Inc., Schmidt & Schmidt, Inc. Attorney Laurence I. Fox.

 

 

Supervisor Grattidge called the meeting to order at 2:00 p.m. and noted for the record all parties in attendance and as set forth in these meeting minutes.   Supervisor Grattidge questioned Walter Schmidt as to whether or not Selective Insurance Company had agreed to provide a performance and payment bond for Contract 2, also known as Phase 2 of the Town Hall project.  Mr. Schmidt and Attorney Fox both indicated that Selective Insurance was not willing to provide such bonds at this time.  Attorney Fox indicated that the only communication with Selective Insurance that indicated the possibility of a bond was at the time of 70% completion of Contract 1, also known as Phase 1.

 

Supervisor Grattidge then asked if Mr. Schmidt had anything further to add to the documentation provided to the Town Board through Mr. Schmidt’s prior communication to Special Counsel Joel Howard and dated September 12, 2007.  Mr. Schmidt submitted documentation and indicated that this was in response to the request for a coherent, comprehensive plan setting forth in detail how and when the work on the new Town Hall would be completed.  Mr. Schmidt referred to this document as a GANTT chart and provided the information in both document and CD format.  Town representatives questioned Mr. Schmidt on this document as submitted.  Special Counsel Howard questioned Mr. Schmidt on the details of information set forth in Mr. Schmidt’s letter of September 12, including particularly the items enumerated in paragraph 3 of the Schmidt letter and entitled “Information Required”.  During Mr. Schmidt’s responses to the questions from the Town Board and its representatives, Mr. Schmidt indicated that, based on the GANTT chart, it was his best estimate that the roof on the new Town Hall would be completed by late December, 2007 and that the first contract, known as Phase 1, would be completed by mid-July, 2008. 

 

Following an indication by the Town Board and its representatives that no further questions for Mr. Schmidt or Attorney Fox would be forthcoming, a motion by Councilwoman Verola, seconded by Councilman Gardner, the Town Board moved to enter into Executive Session for purposes of consideration of possible litigation with respect to the new Town Hall.  Mr. Schmidt and Attorney Fox were advised that a Town representative would be in contact with them following the Executive Session and conclusion of the Special Meeting and therefore they would not be required or requested to return to the meeting.

 

During the Executive Session, the Town Board inquired of its representatives as to recommended actions that could or should be taken at this time to protect the integrity of the new Town Hall site and effectively move forward with the completion of the new Town Hall in a proper, timely and workmanlike manner.  Following these discussions and recommendations, the Town Board adjourned from Executive Session and entered into Open Session.

 

RESOLUTIONS

 

Following a motion by Councilman Gardner, seconded by Councilman Lippiello, A Resolution no. 132 was unanimously approved by the Town Board declaring that Schmidt & Schmidt, Inc., as General Contractor for the new Town Hall project, was in default under the terms and conditions of its contract with the Town Board and further declared that the Contractor’s right to complete the contract was thereby terminated.  A copy of this resolution is attached to these minutes.

 

Following additional discussion with the Town representatives, the Town Board, by motion of Councilwoman Verola and seconded by Councilman Salisbury, directed that the Town representatives, including Town Architect Vosburgh, Owners Representative Ward, Town Attorney Van Vranken and Special Counsel Howard take whatever steps were necessary to implement an emergency plan in order to protect the resources of the Town of Charlton, to secure the site of the new Town Hall and to act expeditiously to assure that the structure currently existing on the new Town Hall site would be enclosed and protected, to the extent possible, from continuing possible damage from the elements.  A copy of this resolution is also attached to these meeting minutes and made a part hereof.

 

Upon motion by Councilwoman Verola, second by Councilman Gardner, the Town Board agreed to adjourn the meeting at 3:35 p.m.

 

 

                                                                                                Respectfully submitted,

 

 

                                                                                                Robert E. Van Vranken,

                                                                                                Secretary Pro Temp

TOWN OF CHARLTON

COUNTY OF SARATOGA

STATE OF NEW YORK

 

   RESOLUTION NO. 132

 

 

 September 12, 2007

 

 

A RESOLUTION REQUESTING THE TOWN OF CHARLTON

TOWN BOARD REPRESENTATIVES TAKE WHATEVER ACTION

IS NECESSARY TO IMPLEMENT AN EMERGENCY PLAN

RELATED TO THE NEW TOWN HALL

 

            WHEREAS, the Town Board did on September 12, 2007, terminate the Agreement between the Town Board and Schmidt & Schmidt, Inc., as General Contractor with respect to the New Town Hall project, and

 

            WHEREAS, the professional advisors to the Town Board, including Architect Vosburgh, Owners Representative Ward, Project Neutral Dr. Paul G. Carr and Special Counsel Joel Howard have recommended that an emergency plan be implemented as soon as possible to preserve and protect the resources of the Town of Charlton, to secure the site of the New Town Hall and to act as expeditiously as possible in order to ensure that the structure currently existing on the New Town Hall site would be enclosed and protected to the extent possible from continuing possible damage from the elements.

 

            NOW, BE IT RESOLVED, that the Town Board hereby directs Architect Vosburgh, Owners Representative Ward and Special Counsel Howard to take whatever actions are necessary to implement such an emergency plan necessary to protect and preserve the resources of the Town of Charlton currently located on the New Town Hall site, and to advise the Board of such emergency plan as soon as is practicable.

 

Moved by	Councilman Gardner	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Aye
Seconded by	Councilman Lippiello		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

            I certify that this is a true and exact copy of this original as passed by the Town Board of the Town of Charlton on September 12, 2007.

 

Dated: September 12, 2007

                                                                                    ___________________________________

                                                                                    Heather Scribner, Town Clerk