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1994-08-15 TOWN BOARD MEETING AUGUST 15,1994 7:00 p.m. MTG.#41 RES. 379-397 BOH. 9-11 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver TOWN ATTORNEY PAUL DUSEK PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DR. R. GEORGE WISW ALL Supervisor Fred Champagne-Opened the meeting RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 387.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None PUBLIC HEARING SEWER VARIANCE GARY AND JUDY DOBERT NOTICE SHOWN Supervisor Fred Champagne-The first variance tonight for a sewer variance will be that of Gary and Judy Dobert, anyone here to speak on behalf, for or against that variance? Director of Building and Codes David Hatin-Mr. Dobert is here tonight. Supervisor Champagne-Gary, come right up. Mr. Hatin-I will basically help Mr. Dobert here. Basically what Mr. Dobert is seeking is variance from the...Mr. Dobert is requesting a variance from the septic regulations due to the fact that he cannot meet the distance separations between the seepage pit and neighboring wells and water sources. The required separation is 150' and he has only 110' from one neighbor 125' from another neighbor and 85' from his own, therefore he is seeking a variance for this. Councilman Caimano-Do you have any problems with it? Mr. Hatin-No, it's the best location we can get on the lot and meet the greatest distance separations to everything that's around him. Councilman Pulver-Was there any controversy from the one neighbor there that is only going to be 125' from? Mr. Hatin-She signed a release form, I believe Darleen has so... Councilman Caimano-She signed a release, in fact there are two or three releases weren't there? Mr. Hatin- There were three. Councilman Monahan-Yes, all the neighbors. Mr. Hatin- Two neighbors plus Mr. Dobert. Councilman Monahan-Dave, just one thing, on the application page three the ninth question, the distance from well on property to septic system and then in our resolution it says eighty five feet from their own well, does that need to be corrected? Mr. Hatin-I would have to look at the plot plan Betty... Councilman Monahan-And the front on page one of the application it says eighty five feet. Mr. Hatin-It should be eighty five feet, the plot plan should reflect that. Councilman Monahan-This is what I was questioning maybe we need to correct that. Mr. Hatin- Y es that should be the same as the plot plan, it is eighty five feet. Councilman Monahan-Should we note that question nine on the application is to be corrected with Mr. Dobert's permission, 85'? Supervisor Champagne-Any other questions? (No one spoke) RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR GARY AND JUDY DOBERT RESOLUTION NO.: 9.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Gary and Judy Dobert previously filed a request for three (3) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on August 15, 1994, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Gary and Judy Dobert allowing the placement of the seepage pit: 1. 110' from a neighbor's well; 2. 85' from their own well; and 3. 125' from a neighbor's water source; rather than placing it at the mandated 150' distances, on property situated on the west shore of Glen Lake Road, Town of Queensbury, New York, and bearing Tax Map #: Section 39, Block 1, Lot 4. Duly adopted this 15th day of August, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING SEWER VARIANCE KATHLEEN E. WILLIGAN NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing-Anyone here representing Kathleen...thank you, Kathleen is. Director of Building and Codes Mr. David Hatin-Mrs. Willigan is here for a variance on a newly constructed home, her contractor originally submitted a plot plan that showed that all distance separation complied and he was advised of all the distance separations and told us that he would be able to meet those. When I went out and did the septic inspection and measured to the neighboring wells and found that we did not make the required 150' from all wells, therefore we submitted what you have before you tonight in lieu of the fact that the Willigans have no other alternative. This is maximum separation we can get, given the size of the lot and location of the neighboring wells and they are moving a pit that is in place right now to comply with this approval if granted. Councilman Pulver-Did everybody get this letter from Miller and Mannix? Supervisor Champagne-Yes, I did. Councilman Pulver-Do you want me to read it? It said to be read in: Dear Members This firm represents John C. Mannix, executor of the will of Nelson W. Griggs. We are in receipt of a notice dated August 9, 1994 regarding the above application seeking four variances regarding on-site sewage disposal. Mr. Griggs' property apparently borders the applicant's property. Please be advised that the executor, here by objects strongly to the grant of any variances in this area. While it is impossible to determine from this notice how close to the estate's well this seepage pit is proposed to be placed, it is clear that there is a proposed significant deviation from the standard of the ordinance. We can only assume that the mandated 150-foot distance was determined after proper engineering analysis of soil conditions in that area and that therefore any reduction of the mandatory distance will directly lead to harm of the decedent's real property. From the text of your notice, it appears that the proposal is for sewage disposal. We believe that there are many properties in Warren County in which holding tanks are mandated for sewage. We believe that a holding tank, requiring periodic pumping, would be a preferable solution in Ms. Willigan's situation and such a solution will not jeopardize four nearby drinking wells (including her own). We would ask that this letter be read into evidence at the public hearing in order to register the executor's strong protest. Very truly yours, Miller, Mannix & Pratt, P.c. Isl John C. Mannix, Jr. Councilman Monahan-Dave can you tell where Mr. Griggs property is? Mr. Hatin-No, I am not familiar with that, we surveyed everything within 150' and these are the properties that border their property. Councilman Monahan-Sullivan Drive obviously is 100' it might be across from Sullivan Drive? Mr. Hatin-Across the street is vacant. Councilman Pulver-Dave do you have a map? Councilman Monahan-I have got a map but I do not have any names on it. Mr. Hatin- The names are not there, I would have to go back and research the tax maps to get those names to go with all those lots. We are only required to get the four bordering lots of this property, that is all that is required by the ordinance. The 500' map is, the notices go out so we know what properties get noticed. Councilman Caimano-Is it possible to determine which one it is? Mr. Dave Hatin -I can run over to the office and find out. Councilman Pulver-We have here 117 from one neighbors well 125 from a neighbors well. Supervisor Champagne-So, Mrs. Willigan you are not at all familiar with Mr. Griggs property being adjacent to your property. Mrs. Willigan-It is not adjacent. Supervisor Champagne-It is not. Mrs. Willigan-We have Clifford West on one side of us we have Dot Zemanek on the other side and we have Larry and Mary Ann Dickinson on the other side, the other side of Sullivan Drive. .Mr. Griggs is not next to us. When she was reading the letter, it was not Willigan, was it Willigan, ...Mrs. Willigan's property... Councilman Caimano-It says application of Kathleen E. Willigan. Mr. Hatin-Ifthe Board would like to postpone it for a minute I can run across and find out where his property is exactly. Councilman Caimano-I think we ought to, just to set the record straight. Mr. Hatin-He may be the property across the street which is vacant, right now. Mrs. Willigan-No, that is the Sullivan's. Mr. Hatin- This is the first I heard about this letter was... Supervisor Champagne-It just came, we got it five minutes ago. Councilman Caimano-Is it a possibility that he could be confusing this with the other one? Mr. Hatin-I do not know. I can find out, if you would like, you want to postpone it for about ten minutes. Councilman Ciamano- Why don't we do that. Mr. Hatin-Can I have a copy of the letter so I can get the correct spelling? Supervisor Champagne-Yes. Councilman Caimano-It is also interesting that Jack Jr. is writing the letter and Jack Sr. is the executor, why isn't the executor writing it? I am asking Paul. Attorney Dusek-The firm probably represents the estate right? Councilman Caimano-Jack Sr. is the executor. Attorney Dusek-Right, but does the firm, does it say that the firm represents the estate? Councilman Caimano- The firm represents Jack Sr. Attorney Dusek-So, he is probably wanting to keep a Councilman Caimano-Arms length. Councilman Monahan-Griggs owned the Glenmore lodge there and then that parking area behind that and I am trying to orient myself. Mrs. Willigan-Yes, you are right. Councilman Monahan-Yea, but what would back up to the parking lot, going toward Sullivan Drive? Mrs. Willigan-It is a lot. Councilman Caimano-Shouldn't we have, we had three sign offs too, didn't we? Supervisor Champagne-Yes. Councilman Monahan-Yes, if he, if he is not within 150' Supervisor Champagne-He has not reason to Councilman Monahan-He has not reason to be concerned, so that is what we need to find out. Mrs. Willigan-There isn't anyone within 150' besides the people that Councilman Caimano-And they all signed off didn' they. Councilman Pulver-Lets check it out and then we will have it all taken care of. Councilman Monahan-Your septic system is not going to be toward Sullivan it is going to be toward the right of way between you and Dorothy Zemanek, so that would be going, this way, you are at the back, well if he is 24 there is a possibility, 24 or 25. Supervisor Champagne-Evidently we sent him a notice.. Town Clerk Darleen Dougher-Are there any tax map numbers there? Councilman Monahan-Yes. Town Clerk Dougher-How about 38-4-6 he owns. That is the one he owns. Councilman Monahan-Their septic system is either here, or here I am not sure which side of the lot but the back side of the lot and then you have got a right of way here you have got Zemanek here you have got Glen Lake Road and you have Griggs here. There is no way that he is impacted. I think we should put that someplace either in discussion or resolution. Paul. The writer or the letter or the estate that he mentioned will not be impacted we ought to put that in the resolution or in the discussion. (showed map) Attorney Dusek-In paragraph A on the resolution where it talks about it not being materially detrimental to the purposes or objectives of the ordinance or adjoining properties or conflict at the very end of that I would add 'and particularly the Town Board acknowledges the objection filed by the estate of Griggs but also notes that the property is further than 150' from the septic area and therefore at a greater distance than is required by the ordinance and therefore the Town Board feels that there would be no harm to that particular property' . Councilman Caimano- There is another question that we have been talking about while you were gone Dave, this is new construction? Mr. Hatin-Yes. Councilman Caimano-Well it is an embarrassing question, how did it get this far? Mr. Hatin-IfI pulled the letters in the file we were, the plot plan was submitted to us it was not in conformance we went back to the contractor of record, said this was in non-conformance with the ordinance, he came back with a plot plan assured us that he could install this system in accordance with the ordinance, a letter was put in the file that we were going based on his representations because we had not measured the property and he was making representations that it would meet the ordinance, and that we would measure it at the time the system was installed to determine that. When we did this is what we found. Councilman Pulver-Is that normal procedure that you wait until after it is done before you go out and measure it? Mr. Hatin- There is no way we can measure it, if it is not there, that is the problem Carol. Until it is in the ground it is not physically there it is shown on a map. We cannot physically measure to it, if it is not there. So, therefore.. Councilman Pulver-Usually, don't they mark it and say, here is the tank and here is the field, and... Mr. Hatin-It is like saying your house is going to be in a certain location than when the final survey comes out it is in a different location, it is the same situation. We cannot predict what they are going to do until they actually do it, and they sign a statement on our building permit that says all the measurements everything that they ship to us or make representations to us. Councilman Caimano- But, that is just the point if we say in the ordinance that we have to have a ten foot yard set back for example and you are assuming that they are going to have one, they build a house and you go up there and you find that it is eight feet three inches Mr. Hatin-Which has happened. Councilman Caimano-now what? Mr. Hatin- They go for a variance, the same as this situation which has happened with the Zoning Board. Councilman Monahan-Dave, I would look at this plot plan though and from where they have proposed to put this in this same location all the while there is no way with the side length, length of the side line that you could ever have gotten one hundred and fifty feet there. Mr. Hatin- The problem is Betty, if I showed you the original plot plan were the well is shown on a plot plan that I have, it is a different location where we found it when we actually asked where it was. The contractor told us it was one spot, when we went out to measure it the owner told us it was in a different location. So, if I had measured, if I had measured from where the contractor told me we would have been one hundred and fifty feet, but I have to go based on the information they give us at the time. That is the best I can do. I cannot predict what is going to happen. If we had to verify everything that is submitted to our office we would never get anything done. You are talking seven hundred permits a year. Supervisor Champagne-What is your pleasure. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR KATHLEEN E. WILLIGAN RESOLUTION NO.: 10.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Ms. Kathleen E. Willigan previously filed a request for four (4) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on August 15, 1994, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, and particularly the Town Board acknowledges the objection filed by the estate of Griggs but also notes that the property is further than 150' from the septic area and therefore at a greater distance than is required by the ordinance and therefore the Town Board feels that there would be no harm to that particular property; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Ms. Kathleen E. Willigan allowing the placement of the seepage pit: 1. 117' from a neighbor's well; 2. 125' from a neighbor's well; 3. 128' from a neighbor's well; and 4. 100' from her own well; rather than placing it at the mandated 150' distances, on property situated on Sullivan Drive, Glen Lake, Town of Queensbury, New York, and bearing Tax Map #: Section 38, Block 2, Lot 17. Duly adopted this 15th day of August, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES Mr. Caimano ABSENT: None ABSTAIN: Dr. Wiswall Discussion held before vote: Councilman Caimano-It is going to pass I just and it has no reflection at all on the applicant, and we do not want to punish applicants but that book over there is going to be a paper tiger if we do not do this right. I am going to vote a procedural no because I just think that we need to do something about what we are doing here. We cannot have a book of ordinances and then not follow the ordinances. Mr. Hatin-If I could go on record, this happen two years ago when Robert Parisi, was here and you are familiar with him very well, Nick, he wanted us to go out and verify every plot plan that was submitted to this office we spent approximately half of our day verifying plot plans to imaginary lines that were not there that are not marked we had no idea where anybody's property lines runs because these are not surveyed we go and based on information that people present to us they sign a statement that this is factual information that they are submitting to us, if it is after the fact than it is their responsibility, not ours. Councilman Caimano-I understand that and I do not deny that what you say is true, my problem with it is though forgetting the Willigans is the fact that anybody that hears that, then can say, ok, fine we are going to submit all the plans in the world but we are actually going to build it wrong because we know that when we build it wrong we can go to the Board and the Board will say oh, that is ok, because we do not want to take it out on the applicants. Mr. Hatin-I do not now what the answer to the question is, we went through this two years ago and what we have on the law books right now says that at the end of brand new construction people will file a final survey, at the end of construction not before they submit. We do not go out and verify where they put these homes because, again the property lines are not there to verify. We go based on the information that they give to us. Councilman Pulver-I think what we have is we need to re-evaluate our process and our system the way we are doing things. Mr. Hatin-It was evaluated back then and this is what came out of that. Paul is very familiar with it as well as everybody else. Supervisor Champagne-What options do we have for the contractor that's deliberately in this case I would assume mis-informed the building department as to what was real and what is not real. Right now there are no penalties under the law for that unless he installed a system without a permit. Councilman Caimano- Who is the builder? Mr. Hatin- The contractor, I forgot his name. The main contractor is Fregoe, and the excavator was Rick Stark, Stark Excavating. We went through three problems with this and we asked them to make sure that they could make the separation distances because, we questioned in our own mind because the original septic system they had submitted, they had changed and brought us in another septic system which did not comply and we sent them back out and said this does not comply, you are going to have to either go with the original system or do something different and this all stemmed out of the fact that the Willigans did not want to cut down a tree, a large oak tree. The builder came back and said this is what we have got. Councilman Caimano-Paul or Jim, do you have anything to add to this? Attorney Dusek-My recommendation to this would be that we have an investigation of this particular application as well as the ordinance, I think, I have a lot of questions in my mind and I think that needs to be done. Councilman Caimano-Lets go on the record then in saying if I may and I will speak for all of us and you guys can chime in if you want, we are not going to do this any more. We are not going to punish this applicant and she has passed. But, we are not going to listen to them anymore until this investigation is completed. Mr. Hatin-Ifyou would like to stop down in my office and I will show you the documents that were put in the file based on the feeling that we might have a problem. Councilman Caimano-Ok. Councilman Pulver-What happens is I become concerned that again, they come in with a plot plan that may not be correct, but shows you that it can be done then they build it the way they want to and we give them the variance, and then we are going to have people come in, here and say I did it exactly the way I was supposed to do and I did not want to, I wanted it ten foot over that way or whatever, but because you had it in your code book that it had to be this way and that is the way I did it I do not think it is fair that you know, someone else should be getting away with it. Mr. Hatin-It is a tiger because of the fact I have had this before, the neighbor says the property line is here, the owner says the property line is here, if you go by the owner he meets the set back, if you go by the neighbor he doesn't. Who do you believe. Councilman Monahan-Mrs. Willigan? Councilman Pulver-Don't they have to produce a survey though when they come in for a building permit? Mr. Hatin- There is no requirement for that. Councilman Monahan-Mrs. Willigan, did you have this property surveyed when you bought it? Mrs. Willigan-Yes, we did. Councilman Monahan-So there was survey on record. What we are going to have to start doing is have surveyors mark these lots. I know banks now when you borrow money, before you get your final payment from the bank require it to be re-surveyed to make sure the house meets all the setbacks and all the requirements. Mr. Hatin- That is after the fact though, Betty. Councilman Monahan-I know, but the point of it is the survey was done and when a survey is done, Dave, there ought to be a way of getting those survey lines there, the nails are in the ground, should be anyway, and someway or other you guys I am leaving it up to you guys to figure out a way to tighten up your procedure. Councilman Caimano-Either that or take that big blue book and throw it in the trash can. Mr. Hatin- Y ou are going to have to change the law to require surveys for everything that is done then that is the only way to tie this down tight. Councilman Monahan-But, this one there was a survey. Mr. Hatin-But, what about the ones that aren't Betty and we get them every day. Councilman Monahan-Dave, I am trying to look at this particular problem, the survey was done. Mr. Hatin-But, I have to look at every problem, Betty. Councilman Monahan-Right now we are looking at this problem, ok, and the problem that occurred there. Jim, I will leave this in your hands to solve the problem, I do not believe any problem is there without a solution. Councilman Caimano- Y ou started to say something, Jim. Executive Director Jim Martin-I was going to say it sounds to me like the people that should be held responsible here is not necessarily the applicant who is trying to do what they can and in good faith and you do not want to put the cost on them, the burden should be on the contractor who is making these, he is making these statements and putting forth this as being the case then if he is incorrect there should be a fine or something like that built into the system that he pays. Councilman Monahan-Maybe that is the solution. Executive Director Martin-I think you will find them being a lot more accurate and a lot more honest up front if they know there is a financial burden or penalty to pay if they are not. Councilman Monahan-I also think that has to be true of your septic installers and I mentioned to you the other day, I think in all subject applications from now we should have the installer name on those septic applications because if we find a certain septic installer going off all the while... Mr. Hatin-We do have that information on there now. Councilman Caimano- Y ou are going to do an investigation and get back to us. Attorney Dusek-A report on Monday, 8/22. RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 11.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Queensbury Board of Health hereby adjourns and the Queensbury Town Board reconvenes. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 388.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board minutes of August 12, 1994 be and hereby are approved. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 389.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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: ASSESSOR: FROM: TO: AMOUNT: 01-1355-4740 01-1355-4130 (Article 7) (Legal Services) 6,000.00 HIGHWAY: FROM: TO: AMOUNT: 04-9785-6085 (Installment Purchases) 04-5130-2040 (Heavy Equipment) 26,400.00 HIGHWAY GARAGE: FROM: TO: AMOUNT: 01-1990-4400 (Contingency) 01-5132-4500 (Highway Garage 5,600.00 Fuel Oil/Gas) and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 15th day of August, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 390.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: 32 - Quaker Rd. Sewer TO: 34 - Hiland Park Sewer $ AMOUNT 1,000 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 15th day of August, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AND AUTHORIZING WORK BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 391.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has been reviewing and investigating certain drainage problems with the Queensbury Forest Phase III Subdivision, and WHEREAS, the Town Board of the Town of Queensbury has undertaken certain temporary measures in an effort to alleviate certain drainage problems and has informally discussed with the Town Highway Superintendent, the development of a drainage hole to service pumping facilities and thereby hopefully help to alleviate drainage problems, and WHEREAS, the Town Board of the Town of Queensbury is desirous offormally approving and ratifying action by the Town Highway Superintendent in accordance with the aforesaid discussions with the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and ratifies all action by and costs incurred by the Town Highway Department to construct and/or develop a pumping pit, utilize equipment and other associated facilities to establish a temporary drainage facility, and such other actions and expenses as were appropriate to carry out the intent of this resolution, and BE IT FURTHER, RESOLVED, that the Town Highway Superintendent shall present written bills and invoices to the Town Board concerning all expenses incurred for the project, and BE IT FURTHER, RESOLVED, that the cost of the aforesaid authorization shall be paid for from the Town General Fund Drainage Account, and BE IT FURTHER, RESOLVED, that the Town Attorney shall report to the Town Board as to whether the cost authorized and expended pursuant to this resolution are recoverable against any third parties. Duly adopted this 15th day of August, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None Discussion held-Councilman Pulver-This is so the Highway Dept. can review and investigate the drainage problems at Queensbury Forest...Councilman Caimano-We also are undertaking temporary measurers to alleviate the problems that these people have right now. Councilman Monahan-I am assuming that if we find out these costs should be recovered from a third party that we will take those steps also. (add further resolved, that the Town Attorney shall report to the Town Board as to whether the cost authorized and expended pursuant to this resolution are recoverable against any third parties.) RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR MR. FRANK 1. PARILLO TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 392.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone II for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: MR. FRANK 1. PARILLO - Tax Map No.: 136-2-1-10 south side of Corinth Road, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 15th day of August, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None A meeting of the Town Board of the Town of Queensbury, Warren County, New York was convened in public session at the Town Hall located at the Queensbury Activity Center in Queensbury, New York on August 15, 1994 at 7:00 o'clock p.m., local time. The meeting was called to order by the Town Supervisor and, upon roll being called, the following members were: PRESENT: Fred Champagne Nick Caimano Carol Pulver Betty Monahan R. George Wiswall Supervisor Member Member Member Member ALSO PRESENT: Darleen Dougher Paul B. Dusek, Esq. Clerk Town Attorney ABSENT: None The following resolution was offered by Mrs. Carol Pulver, seconded by Mr. Fred Champagne, to wit; BOND RESOLUTION DATED AUGUST 15, 1994 A RESOLUTION AUTHORIZING EXPANSION OF THE TOWN'S WATER TREATMENT PLANT, AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $13,228,000 OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE THE COST OF SAID IMPROVEMENT AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR. RESOLUTION NO. 393.94 WHEREAS, the Town of Queensbury Consolidated Water District is a water district of the Town of Queensbury, Warren County, New York (the "Town"), duly established by the Town Board of said Town and, as such, maintains and operates a Water Treatment Plant, water storage facilities, and certain water transmission mains and related real property holdings servicing the Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension and Hiland Park Water District (collectively, the "District") in accordance with Article 12 of the Town Law of New York; and WHEREAS the Town Board previously authorized a map, plan and report for expansion of the Town's existing Water Treatment Plant, purchase of additional lands and construction of various improvements to the water distribution system (the "Project"), and WHEREAS, pursuant to Section 202-b of the Town Law the Town held a public hearing on July 11, 1994 to consider the Project and to hear all persons interested in the Project, and WHEREAS, by resolution adopted on July 11, 1994 (the "Preliminary Resolution") the Town determined that undertaking the Project was in the public interest and directed the engineering firm of O'Brien & Gere Engineers Inc. (the "Engineers") to prepare definite plans and specifications and make a careful estimate of the cost of the Project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town (by the favorable vote of not less than two-thirds of all the members of the Board) as follows: SECTION 1. The specific purpose (hereinafter referred to as "purpose") to be financed pursuant to this resolution is the expansion of the Town's existing Water Treatment Plant, purchase of additional lands and construction of various improvements to the District's water distribution system. The maximum cost of said purpose will not exceed $13,228,000.00. SECTION 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $13,228,000 of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law (and the cost of such improvement is to be paid by assessments upon benefitted real property in an area less than the area of said Town). SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty (40) years. SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds. SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years. SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds becoming due and payable in such year. Should the assessments upon benefitted real property be insufficient to pay the principal of and interest on such bonds there shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. SECTION 7. The expected source of funds to be used initially to pay for up to $13,228,000 of the expenditures authorized by Section 1 of this resolution shall be from the District's funds. the District then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution. This resolution shall constitute the declaration of the Town's "official intent II to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2. SECTION 8. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Section 21.00, Section 30.00, Section 50.00 and Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of said Law, the power and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and contents of said serial bonds, and said bond anticipation notes, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, are hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Town Clerk is hereby authorized to affix the corporate seal of said Town to any of said serial bonds or any bond anticipation notes and to attest such seal. SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt bonds II in accordance with Section 265(b)(3)(B)(l) of the Code. SECTION 10. The Town has issued a negative declaration determining that the expansion of the existing Water Treatment Plant, purchase of additional lands and construction of various improvements to the water distribution system will not have a significant effect on the environment. SECTION 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if: (1) (a) Such obligations are authorized for an object or purpose for which said town is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or (2) Said obligations are authorized in violation of the provisions of the Constitution of New York. SECTION 12. The Town Clerk is hereby authorized and directed to publish this resolution, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in the Post Star, a newspaper having a general circulation in said Town and hereby designated as the official newspaper of said Town for such publication. SECTION 13. This resolution shall take effect immediately upon its adoption. The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows: Fred Champagne Nick Caimano Carol Pulver Betty Monahan R. George Wiswall VOTING YES VOTING YES VOTING YES VOTING YES VOTING YES The foregoing resolution was thereupon declared duly adopted. Discussion-Attorney Dusek-This basically is a follow up resolution to the resolution previously adopted by the Town Board you will recall that the last resolution to adopt it on the water treatment plant expansion basically said ok, go ahead, draft the plans and specifications and lets get going on the project, you basically engaged in a preceding that is allowed by the Town Law whereby you authorized the project. Having authorized it though you need to finalize how you are going to get the money for it and of course you knew at the time you would be bonding the project and this resolution is the bond resolution which authorizes bonds. It also authorizes the Town Supervisor to issue bond anticipation notes until such time as the serial bonds are actually sold for the project. The resolution authorizes only the amount that you previously authorized in your other resolution following the hearing which is $13,228,000 that was the assigned figure for the project. So, you are not authorizing any more or different type of money. RESOLUTION APPROVING SPECIAL AUDIT OF BILLS AND RE-APPROVING CONTRACT WITH AMG INDUSTRIES, INC. RESOLUTION NO.: 394.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby re-approves the Loan Agreement between the Town of Queensbury and AMG Industries, Inc., and the resolution authorizing the same, as reviewed and presented on August 8, 1994, and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury and take all steps necessary to carry out the terms and provisions of the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and ratifies the payment of $95,000, Voucher No. 94003301, to AMG Industries for proceeds of a HUD grant per Town Board resolution no. 378, 94, from account no. 1-6989-4421, pending amendment of the 1994 Town Budget. Duly adopted this 15th day of August, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION AMENDING SALARY SCHEDULES FOR THE REMAINDER OF 1994 RESOLUTION NO.: 395.94 INTRODUCED BY: MR. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury established a Salary Schedule on or about January 1, 1994 for Town employees, and WHEREAS, the salary schedule established in the beginning of 1994 was not set with the intent that the salary rates set forth therein would remain the salary rates for the full year; rather, the intent was to establish salary rates for the positions until such time as a job evaluation project could be completed, and the Town Board had further information with which to amend or re-establish salary rates for 1994, and WHEREAS, the Town Board of the Town of Queensbury has engaged in the aforementioned job evaluation program, and WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the salary schedule placed into effect as of January 1994, in accordance with the following schedule, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes salary rates to be set as follows and at the yearly rate (nominal salary) indicated for the remainder of 1994 effective as of August 22, 1994, with the same not to be retroactive, but the new yearly rate (nominal salary) for the position indicated, and accordingly, persons employed in positions identified will be paid on a weekly basis at the new rate as of the date indicated, with the rate of pay for work performed prior to that date, to be at the rate previously established in 1994: Account Clerk (Accounting) Assistant Building Inspector #2 Recreation Program Specialist Bookkeeper/Director Accounting Services Cemetery Superintendent Chief Water Plant Operator Confidential Admin. Secretary (Atty.) #1 Confidential Admin. Secretary (Atty.) #2 Confidential Admin. Secretary (Hwy.) Court Clerk Deputy Court Clerk # 1 Deputy Highway Superintendent Deputy Town Clerk #1 Deputy Town Clerk #2 Deputy Water Superintendent Executive Director of Community Development Fire Marshal Historian Planning Assistant #2 Planning Assistant # 1 Real Property Tax Service Assistant (FT) $ 21,580 Real Property Data Collector (FT) $ 19,534 Receiver of Taxes Records Clerk/Sr. Center Coordinator Sr. Account Clerk (Accounting) Town Attorney Water Maintenance Supervisor Water Superintendent and BE IT FURTHER, $ 20,738 $ 29,411 $ 21,840 $ 35,360 $ 31,000 $ 38,407 $ 25,000 $ 22,000 $ 21,000 $ 25,667 $ 24,024 $ 40,000 $ 26,500 $ 21,000 $ 48,381 $ 41,600 $ 27,872 $ 2,150 $ 25,000 $ 25,480 $ 28,080 $ 21,320 $ 22,464 $ 75,920 $ 33,415 $ 50,471 RESOLVED, that the following adjusted wage rates are set for the remainder of 1994, effective August 22, 1994, with the same not to be retroactive: Real Property Tax Service Assistant (PT) Deputy Tax Receiver (PT) School Traffic Officers More than 2 hours per day ($ per hour) Court Officer ($ per hr.): Court Officer ($ per paper served) $ 10.38 $ 9.79 $ 7.48 $ 9.29 $ 16.00 Duly adopted this 15th day of August, 1994, by the following vote: NOES None AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne ABSENT: None Discussion-Supervisor Champagne-Another resolution that we have in front of you in reference to the salaries increase, the mid year adjustment, for salaries that we indicated back in January that the employees were to receive $750. flat raise at that point and then we were to come back mid year and adjust that accordingly. That adjustment has been made and in your resolution for amending the salary schedules you will see the list that we discussed previously and we are ready to act on that. Our plan is to make this adjustment at the next full weeks payroll, at that point although there is about a 3.7 over all increase in wages for the non-union employees the total twelve month increase would only be a portion of that paid out between now and the end of the year. The Town cannot pay retro-actively so that the total raise that goes into the salary of the individual obviously they would not receive that total salary but rather we have twenty weeks left and they would get therefore approximately one third or something less than a third of that over all salary. Councilman Monahan-This does not effect the $750. that was already in place. Supervisor Champagne that was included...There are approximately 38 employees non union that in many cases received no salary increases over the last couple of years. Councilman Caimano-By law what we cannot do is, if someone salary went from 21 to 25 and we started on the next payday in August we cannot go back and change the entire year we can only start from this point. ATTORNEY MATTERS Attorney Dusek - # 1 In reference to the landfill construction project, Laverne Fagel dropped off in my office an application to the Dept. of Labor for a dispensation for hours. Under the labor laws of the State of N.Y. a contractor cannot have a worker, laborer or mechanic employed in excess of eight hours in anyone day or five days a week unless he gets a special dispensation from the labor department. There is an application that has been filled out which indicates that the reason the Town of Queensbury is requesting a release from that so that they can work more than the 40 hr. week is that the Town of Queensbury is closing a landfill under N.Y. State Dept. of EN CON imposed consent order with approach of Fall construction season is growing short and time is of the essence. We must work all available hours to complete the project on time, that is the reasons being given, the Board is being asked for a resolution that would authorize Fred to sign this and submit this to the labor department. RESOLUTION REGARDING DISPENSATION OF HOURS LANDFILL CLOSURE RESOLUTION NO. 396.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Supervisor be and hereby is authorized to execute an application for dispensation of hours in the matter of the closure of the landfill and the contract with Delaney Construction Corporation and the Supervisor is hereby also authorized to take sure other and further steps as may be necessary to submit and file that application and obtain a decision concerning the same. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Discussion held before vote: Councilman Caimano-Is this forcing us to pay more? Supervisor Champagne-No. Councilman Monahan-When he bid the job if he wanted to pay overtime he has to have it in the bid you cannot get a change order on that. Councilman Caimano-We are not forcing over-time pay. Supervisor Champagne-No. Attorney Dusek- #2 RE: Lanfill Although you awarded the bid the other day to Delaney Const. I would like to ask the Board for a short form resolution, the other one said we award it and said something about a contract but I would like a resolution from the Board, authorizing execution of the contract... RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT LANDFILL CLOSURE RESOLUTION NO. 397.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, the Town Board hereby specifically authorizes the Town Supervisor to execute the contract with Delaney Construction on behalf of the Town Board and to place the seal and the contract and the Supervisor is so ordered. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Attorney Dusek-#3 Proposed to the Board to have legal books on a cd ram discs (2) would include the law library and case reports...have dollars in budget to cover the proposa1...Town Board agreed to the change... #4 Requested a resolution authorizing the signing of a contract with Duke Kubricky Corp. RESOLUTION TO EXECUTE CONTRACT WITH DUKE KUBRICKY CORP. RESOLUTION NO. 398.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute a contract with Duke Kubricky Corp. and take such other action as may be necessary to implement and terms of that contract. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None #5 Attorney Dusek-Noted he has a couple items for executive session. Supervisor Champagne-Recognized Mrs. Barbara Bennett Mrs. Barbara Bennett -Questioned if the retro-active pay applies to all governmental employees such as CSEA and I was thinking of Teachers? Supervisor Champagne-My understanding is any contractual language and we do not have a contract with the non-union employees therefore the State Labor Law regulates what we do. Any contractual agreement with your employees supersedes that, so there would be retro-active pay for that group. Attorney Dusek-There are different rules for different circumstances the rule that we have with the non- union people there is no retro-activity I think to get into details over the collective bargaining agreement at this point is sensitive because the Town is looking at new contracts this year. Councilman Monahan-We cannot talk for school boards etc. DISCUSSIONS ZONING FOR TRAILER BUILDING LOTS Councilman Monahan requested that be done at a workshop...requested further information from the Planning Dept.... REPLACEMENT OF ZONING BOARD MEMBER Supervisor Champagne-Noted Linda Hauser has resigned...noted two interested parties have come forth, Mr. Tom Ford and Mr. Sparks....interviews at next Monday night's meeting ... JIM WELLER HIGHWAY GARAGE Mr. Weller, spoke to the Town Board regarding his proposal dated July 21st to the Town Board, recommended the following: 1. improvements done to the building to satisfy needs for 3 to 5 years. short term solutions 2. put the garage back to state of the art life expediency of 20 to 30 years 3. look at a facility of 20,000 sq. feet at another 10cation....Questioned how the Board would like to proceed... Mr. Weller noted the existing building is being used for other than what it was originally designed for...some discussion was held to spend 158,000 and follow up with a plan to either renovate the building and start over again and build another building...two problems exist one immediate and one long term...Mr. Weller suggested that if it cost $10,000 to get by the problem last winter, consider spending $10,000 next winter and get your plan together... Councilman Caimano-Questioned the Town Attorney in the three plans is there differences in paying for it? Attorney Dusek-No. ... Councilman Pulver-Questioned how long the construction process would take for new roof and new heating system. Mr. Weller-A couple months, 60 days...Councilman Caimano-I feel that we should get through this winter and eat the expense that we have to, parallel do the big job, sit down with Mr. Naylor and the Committee and Mr. Weller and plan how we are going to have our highway structures for the next 20 years taken care of... Called for a Highway Committee meeting with Mr. Weller and Mr. Brault August 25 1994 at 12 noon...plan on how to get through this Winter, then put together the plans for the future... ANNOUNCEMENT Councilman Caimano-In the Adirondack Regional Chamber news, the officials of the local Boys Basketball tournament committee and the Adirondack Regional Chambers of Commerce announced today that the N.Y. State Public High School Athletic Association has awarded local organizers a new three year contract to host the State Boy's Basketball Championships at the Glens Falls Civic Center. .... while this is in Glens Falls it benefits all ofus...congratulates the Chamber on that...I think we should send them a note on it. RENTAL OF GARAGE FOR HIGHWAY DEPT. Councilman Wiswall-Questioned Mr. Naylor is there any garage space for rent that would be suitable for use for a few years...questioned the AMG building .... Highway Supt. Mr. Naylor questioned the size of the doors.. . noted there was a for sale sign of Tinker Mailles' place on Aviation Road, maybe we should investigate that? DISCUSSION REGARDING BALL FIELD WEST GLENS FALLS Mr. Tim Brewer-Planning Board Member and Resident-Spoke to the Town Board regarding the placement of a ball field in the West Glens Falls area... suggested Fireman's field and or the field behind the W.G.F. Vol. Fire Company...Noted it is a very populated area and a ball field is needed... It was the recommendation of the Town Board to negotiate with the W.G.F. Fire Company to lease a portion of the land for a ball field...suggestion made to invite the W.G.F. Fire Company to a workshop to discuss this proposition...Town Attorney, discussed lease vs. ownership with the Town Board... OPEN FORUM Mr. Pliney Tucker-RE: Serial Bonds for Water Dept. is there a figure on that? Supervisor Champagne-Thirteen million two hundred and twenty eight thousand... Mr. Tucker-Questioned if surplus funds were going to be used? Supervisor Champagne-Yes. Mr. Tucker-You awarded a contract to Duke Kubricky for road work? Supervisor Champagne-Carey Road Mr. Tucker-How much was involved there. Supervisor Champagne-Around $39,000. Mr. Tucker-Resolution regarding AMG Ind. what is involved there? Supervisor Champagne-We approve a loan to AMG to the tune of $375,000 actually the allocation was $95,000 that is what they have expended up to this point so we had to come back and re-approve a second amount rather than the $375,000 at in one lump we are now up to 95 level then it will be apportioned as they expend their monies. Mr. Tucker-RE: Septic System problem. I hope you realize that this is in the minority, it does not happen very often. If you are dealing with a bank you have to have the house spotted before construction...ifthe banks are not involved these things can wind up anywhere. It looks like to me with the people tonight is, the contractor did not perform his job the way he should have performed it he should be suing the contractor. I just hope that you do not come up with a lot of new rules and regulations because some guy put the skids to someone when he should not be doing it. RE: Development on Carey Property The statement was made here during the discussions that the previous board had knowledge of this and what have you, I want to tell you that I was never involved in any discussion as far as this project was concerned and I understand it came or Mike Brandt might have talked about it in November and I want to tell this board that if they had come in front of us to be talked about I would not have moved on it. I do not think it is fair for a setting board that is leaving office to do something like this. Mrs. Pulver you have been in Ward 4 telling some people that this was a done deal and they have been climbing my case Joe Ramsey, you talked to Joe Ramsey the other day and you told him that the previous Board put this all together. We didn't and you know that. Mrs. Pulver-No, I don't, all I told Mr. Ramsey was that I found out about this project, last year November and after the election and it came from the previous board. Mr. Tucker-It did not come from the previous board, did we ever talk about this Nick? Councilman Caimano-Not to me you didn't. Mr. Tucker-Well I did not either. Did you Betty. Councilman Monahan-I was not aware of it Pliney. Mr. Tucker-I wasn't either, by God if I was, I would sit right here and tell you I was, I hope you know that. Mr. John Schreiner-Last month I lost my good friend Mr. Shortsleeve he passed away so I am no longer in need of that handicapped parking that I requested to be put up a while back. What I would like to do on my side of the lake the property is mine now, I would like to put up a private no parking sign on the lake side for my own convenience, I feel this is my property and I pay the taxes on it, I would like to know footage that we ever arrived at for the Town road. Attorney Dusek-It is my understanding that the Town claims the full width of the road that is there by use including the lateral support leading up to the road which would be according to the survey map that was done by Leon Steves. We will be happy to give you a copy of it. Mr. Schreiner-You sent a map to me through the mail last winter and I could not come up with any measurements and the lines of the road may be what ever, it may be 30' it may be 20' here... Attorney Dusek-It does vary...I will pull a copy of the map and check it...ifthe Board requests we could have Leon Steves put numbers on the map if they are not there... Councilman Caimano-Requested that, that be checked. Mr. Schreiner-Does this Town Board have any objection taking down the handicapped sign and putting up a private no parking sign on my north end of that road on the lake side? Attorney Dusek-He can do anything he wants on his property but he has to stay off the town's right of way. Mr. Schreiner-Notified the Board that a tractor trailer pulled in with a single boat on it to be unloaded by the Dunham's Bay Boat Co., parked there from 8:00 until 3 :00 the next morning running the airconditioner, blocked off the road from 8:00 Monday night I went out fishing and came back in at 9:30 the road was stilled blocked Tuesday morning when they unloaded the boat, I do not feel that we should have to put up with tractor trailers setting and running all night long. What can we do about that. Attorney Dusek-That would be dictated by the Vehicle and Traffic Law, the road is signed for one way, it is a matter to be turned over to the Sheriffs Dept. Mr. Schreiner-After the Town took this road over the Town filled in the south west side of that road, that has washed out now, all of the wash out ended up in my boat slip and if there is going to be anything done there I would like to make a suggestion or request that drain pipe be removed from my boat slip. Fred Alexy had it put in there and the Fieldings who owned that property before Mr. Shortsleeve was going to sue him for doing it by a lawyer, I forgot the name, they suggested that they did not sue because they felt Mr. Alexy did them a favor by filling in and giving them more land. I paid two years ago 150-160 dollars with permission to get my boat dug out but if this is going to keep happening I do not feel that I should have to keep paying to keep this cleaned out when it should not be there in the first place. Asked that, that be looked into. I am going to change the sign if there are any objections you will have to notify me. Mr. John Salvadore-North Queensbury-referring to the discussion with Mr. Weller I get the impression that he does not have a well defined request for proposal, scope of work, contract whatever have you. The one hundred fifty eight thousand dollars is that an estimate or a bid? Supervisor Champagne-Estimate. Mr. Salvadore-Will he be bidding this work? Supervisor Champagne-No Mr. Salvadore-Does his scope of work include the alternatives? Councilman Caimano- Yes. There are three alternatives that he has given us. Mr. Salvadore-You requested those? Councilman Caimano-We requested him to look at it and give us his opinion. Mr. Salvadore-Does he have a fixed price for this work? Councilman Pulver-He has estimates. Supervisor Champagne-His work has a fixed price, board approved. Mr. Salvadore-RE: Hudson Point Project Meeting on September 9th, for that meeting (gave letter to the Supervisor) I am saying in this letter, in preparation for this September meeting I would like to suggest that an analysis be prepared to indicate the annual carrying charges that is operating costs for the park that is envisioned on the Hudson River, this tabulation should show the projected annual cost of the full scope of services necessary to support and operate the park facility being funded by the State. ...Asked if that would be available at the hearing? Councilman Pulver-I do not know if we will have cost involved in that, our idea for the September 29th meeting is to make people aware, this is part of the input for the comprehensive landuse plan, we want people in that area to comment on this, would you like a park, what would you like? Mr. Salvadore-Shouldn't this have been done before the grant application was done? Councilman Pulver-Yes, I spoke to the Recreation Director, Betty and I met with him, and we asked him that and the comments were he pretty much threw together the application and sent it in. Did a drawing, it was never brought to the public for their input and even some of the Town Board didn't make comments and it was sent in and now it is approved...we are actually going about this backwards. Mr. Salvadore-We could obligate ourselves to some real liability in the future...I think you should tell the public what we are up against. Supervisor Champagne-The plan is very nebulous at this point. The project proposal was thrown on the table we were not even aware of it, it came back all of a sudden you have been granted $80,000 whatever it was, I do not even know if we will accept this or not...it is going to be based on the comments that we get from the meeting on the September 29th. If you look at the plan at the moment it is a very passive recreation area, a boat launch, walking trails, I do not see a lot of supervised activity that is going to cost a lot of money. Mr. Salvadore-All of the information has to be before the people when you ask them the question. Is this all the people of the town or a district park? Councilman Pulver-Town Park...it will be brought up at all the meetings...unless the people want this there is no point in taking that money... Highway Supt. Paul Naylor-Noted he had spoken to a lot of residents in the west end and they want the park... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 399.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby approves the audit of bills as appears on abstract dated August 18, 1994 and numbered 94302500 through 94330002 and totalling $341,537.86. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano on vendor number 00127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 400.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss one matter in litigation an assessment case, collective bargaining negotiations and one matter involving landfill personnel, second personnel and one potential litigation. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE AND MOVING BACK INTO SESSION RESOLUTION NO. 401.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board hereby adjourns its executive session and moves back into regular seSSIOn. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None REPORT TO THE BOARD Executive Director Martin-Queensbury Forest-Mr. Hatin and I have been through the neighborhood we have interviewed all the people that were home last wednesday and those that weren't we left a self address stamped envelope and a short form to be filled out indicating any problems that they have had in the home or on their lot. Based on that we met with Paul Dusek and we are going to issue a letter that basically says two things, Dave you have got the things that relate to the house and we are going to pass along the complaints to Mr. Ammirati this would be a letter to him, in terms of the actual site violations relating to grading that should have been done with the subdivision and things of that nature and grading that was not in compliance with our code, they will be issued a order to remedy on that. Councilman Pulver-My question was we had everybody here last week and they are going to be coming back next week and we will have another two hours hashing it over, their questions were how did certain things in their homes pass inspection? Executive Director Martin-I talked with our staff, those things are not usually part of the inspection process, I am not here to tell you that our inspection process is 100% perfect or there are adjustments that we can make to make it better and we haven't checked for furnaces we haven't checked for furnaces being turned on, we check to make sure the wiring is all right that they are all plumed properly but we do not actually run the furnace. Councilman Pulver-You know some of the wiring was not hooked up to the thermostats. Councilman Monahan-I think that is part of the N.Y. Fire rating organization inspection. Executive Director Martin-That is done by another inspection service, the electrical service. Mr. Hatin-I looked at a lot of the houses when we went back and if you look at the side of the furnace, there is a thing that the installation person puts on the side so they can record service, they sign it as installed to us that meant they had done a performance test on it, we later found out through the investigation that they do not run these until the home owner request that they come and turn it on, unfortunately we found out that Joe did not pass that along to the homeowners, they are supposed to call Apollo Heating prior to requiring the furnace to be run so they could show them how to run it. These are digital thermostats so you have to be trained to use them. The other thing in 85 degree weather we could not get the furnace to run so we have to have them come on site now and do a test run for us because you have to bypass the system because the thermostat are limited to 78 degrees. Councilman Pulver-Mr. Amirati did not have his story right, because according to the homeowners they did call Apollo but they could not get Apollo to answer their calls. Mr. Hatin-We have changed the inspection process, now we require that either a contractor or the installer run the furnace before we issue the CO. We now open and close every door in the house which we never used to do, this is the first subdivision I have ever had these kinds of complaints. Councilman Pulver-What about plumbing, what do we do as far as inspection on plumbing? Mr. Hatin-We check to make sure all the plumbing is there, we do not yank on all the pipes to make sure it is glued, we do not run water through the plumbing system we do not do a pressure test on the plumbing system it is, the minimum standard is that it be installed that all fixtures be vented and that is what we looked for, proper venting and all fixtures have a drain. Executive Director Martin-Noted in some states this varies, some pressure test systems. Mr. Hatin-One home owner that I did talk to who had a plumbing line that was not hooked up, when we do our rough in inspection they are usually just plumbing the pipes down through the first floor into the basement and they have not connected them to the drain field yet or the septic tank, when we went back and did our inspection everything was fine but they also put the basement insulation in on the ceiling and concealed the pipe that came down thorough. The first time the lady used her shower she flushed out her basement, Joe, was right out in the front yard and she went and told him there was a problem, he gave her the phone number of the plumber, said here go call them to fix it, she said what about the water in my basement, he said I cannot do anything for you there. That was one problem we found out after talking to the lady. One was a pipe that wasn't glued that is something the installer missed it is nothing that we would have picked up on no matter what we did. Councilman Pulver-I know from my own experience that you could have a plumbing joint that gives during installation or an hour after you move in or whatever, it just seems that they had more problems then ...it was more than just one house. Mr. Hatin-We have four houses that have leaks in their showers that is not something that would have been picked up until you start using the shower, that is workmanship...basically we go around and see that all the fixtures that are to supply water, supply water a roughing inspection is done before the sheet rock and insulate and go back on a final to make sure everything visually is done the way it is supposed to be. Executive Director Martin-I guess what can be said about the final out come about this, we made some corrections on our process to make it a little better but it is not going to be answering all those questions it is simply come down to a matter of some of those things are between Mr. Ammirati and them as a homeowner. Councilman Pulver-That is what I am trying to get to, is that I realize as a Board we cannot take on all their problems some of them are because they are the homeowner and they need to take it up with their contractor. Executive Director Martin-What I am going to attempt to get this week is I understand there is a warrantee law in effect in N.Y. State that warrantee's workman's ship even beyond a year, copies are available through the homebuilders association, I am going to try and get a copy of those and see what that says and maybe that will be of further guidance for them. Councilman Pulver-Regarding the inspections what do you feel, what do you think the Town's responsibility is other than the grading and the dumping of the debris, what other things knowing the problems that exist, do you think the Town maybe was not on top of as far as inspection? Attorney Dusek-Noted that he had not done an investigation on the inspections to answer that question... Councilman Pulver-For as many meetings as we have had with these people they keep asking the same, where was the Town, why did you let this happen... Attorney Dusek - I think the Building Dept. is telling you they did inspect, there are some things that they just ... Councilman Pulver-They are narrowing it down now that a lot of the problems they had were their problems and they need to solve them...(they meaning the owners) Mr. Hatin-Some of the people are going to complain that their roofs have waives in them now, shingles are buckling, we look at the roof for a final inspection, the roof is basically flat that is all we see a lot of these problems have shown up over the winter. Councilman Pulver-What about the siding. Mr. Hatin- The siding again, showed up this spring, as soon as the warm weather hit the siding buckled... Executive Director Martin-The siding is clearly workmanship... Councilman Pulver-What I am trying to do in my own mind is settle on what, we do not inspect siding so ... Highway Supt. Naylor-Suggested an engineer be brought in to do test holes around the whole area...time to pave the road...noted he had worked on one situation and the problem was a sprinkler system was backing up in the cellar... Executive Director Martin-The Engineer said he would have the final plans with cost estimates to us by Friday for the final solution... Councilman Dr. Wiswall-I was there Sunday and the pump came on, I went to visit my friends over on Sherman Avenue, across the power line from this, their sump pump has been running every nine minutes and now hasn't run for two and a half days...you have drawn the water right out of the neighborhood... Highway Supt. Naylor-We have to draw the water table down... Mr. Hatin-Regarding Queensbury Forest, I did tell some of the residents that I felt that I had a section of law where I could require Joe to come back and fix some of these problems after talking with Paul and he is going to research it for me I may not have the grounds that I thought I had under that section of the law to require Joe to come back and fix some of these things. Attorney Dusek-Noted that there was a question whether the Town Board could waive notice of claim, after investigation of it as well as by residents if in case they wanted to file a claim, and I reviewed the law, plus called the insurance company and basically the opinion I reached is that it is inadvisable for the Town Board to waive that.... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 402.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury reconvenes it's executive session as stated before, plus one matter of Attorney Client privilege. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RECONVENING TOWN BOARD MEETING RESOLUTION NO. 403.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting as the Queensbury Board of Health and reconvenes as the Town Board. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASES RESOLUTION NO.: 404.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, certain Article 7 Real Property Tax Assessment Review Cases have been commenced against the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the tax assessment review cases with the legal counsel for the Town of Queensbury, such counsel and the Town Assessor having made recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes settlement of the following cases with respect to the 1993 and 1994 assessment rolls as indicated and as follows: Name Tax Map No.: 1993 1994 Highway Hosts, Inc. 98-1-2 $2.5 million $2.2 million Meadow Run Development Corp. 98-1-5.1 $ 100,000 $ 100,000 with the condition that both parcels will be consolidated into one parcel with a value of $2.3 million, with a tax identification number to be assigned by the Town Assessor or Warren County, and BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized to enter into such stipulations and request such court orders as may be necessary to resolve the assessment cases referred to herein. Duly adopted this 15th day of August, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 405.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 15th day of August, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury