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1994-08-29 SPECIAL TOWN BOARD MEETING AUGUST 29, 1994 7:00 P.M. MTG #44 RES 417-433 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN DR. R. GEORGE WISW ALL COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Tom Flaherty, Water Superintendent Ralph VanDusen, Deputy Water Superintendent Mike Shaw, Wastewater Superintendent James Martin, Executive Director of Community Development PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne called meeting to order ... RESOLUTIONS RESOLUTION CALLING FOR PUBLIC HEARING ON THE CONSOLIDATION OF THE SHERMAN A VENUE EXTENSION, PEGGY ANN ROAD, EASY STREET, AND HILAND PARK WATER DISTRICTS WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO. 417, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, there has, heretofore, been established and created a Water District known and described as the Queensbury Consolidated Water District, and WHEREAS, there has, heretofore, been established and created Water Districts known and described as the Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, and WHEREAS, the Town Board of the Town of Queensbury is desirous of calling a public hearing upon the consolidation of the five (5) aforedescribed water districts, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing at the Queensbury Activities Center, Queensbury, Warren County, New York, on the 19th day of September, 1994, at 7:00 p.m., for the purpose of hearing all persons interested in the subject matter of the proposal to consolidate the Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, with the Queensbury Consolidated Water District, pursuant to Section 206 of the Town Law of the State of New York, and BE IT FURTHER, RESOLVED, that if the Town Board shall determine upon the evidence given at the public hearing that it is in the public interest that all districts as described above be consolidated, it is proposed that the resulting Consolidated Water District would be known as the Queensbury Consolidated Water District, and all the property of the Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, and the currently existing Queensbury Consolidated Water District, shall become the property of the new Queensbury Consolidated Water District, and the new Consolidated Water District would assume and pay the indebtedness of each of the original districts as if such indebtedness had been incurred subsequent to the consolidation, pursuant to Town Law ~206, and BE IT FURTHER, RESOLVED, that if the Town Board shall determine to consolidate the Water Districts, there shall annually be assessed upon all taxable real property in such new Queensbury Consolidated Water District at the same time and in the same manner as other Town charges in amounts sufficient to pay the principal and interest of all such Consolidated Districts outstanding indebtedness, including the aforesaid indebtedness of the Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, and the currently existing Queensbury Consolidated Water District, and BE IT FURTHER, RESOLVED, that if the Town Board shall determine that upon the evidence it is in the public interest to consolidate the districts, the future assessments of all costs of operation, maintenance, and improvements of such Queensbury Consolidated Water District, and Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, including any such costs that were formally assessable by law, upon the taxable real property in the aforesaid Districts, shall be assessed upon the taxable property in the new Queensbury Consolidated Water District, at the same time and in the same manner as all other Town charges, and BE IT FURTHER, RESOLVED, that if the Water Districts, aforedescribed, should be consolidated and if there are any Office of Commissioners provided for in any of the districts, the offices shall be abolished upon the aforedescribed consolidation to become effective, and BE IT FURTHER, RESOLVED, that the Town Clerk shall give notice of the public hearing referred to herein by publication of a copy of this resolution at least 10 days prior to the date of the public hearing and by posting the same upon the Town Clerk's bulletin board maintained in accordance with Town Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that the action about to be undertaken is a Type II Action under the State Environmental Quality Review Act and that no further SEQRA Review is necessary, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Attorney are hereby authorized to complete and file an application for a permit for the consolidation with the New York State Department of Environmental Conservation, should the same be necessary, and the Town Supervisor is also authorized to pay any permit fees that may be due in connection with said application. Duly adopted this 1st day of August, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None BEFORE VOTE: Attorney Dusek noted for the board, there are a couple of glitches that need to be ironed out in connection with this consolidation effort and if were unable to resolve those, there's the possibility that I may have to ask you to pull this. RESOLUTION AUTHORIZING AMENDMENT NO.2 TO AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND O'BRIEN & GERE ENGINEERS, INC., IN CONNECTION WITH THE WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 418, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, in accordance with resolution no. 526, 93, authorized the retention of O'Brien & Gere Engineers, Inc., to perform certain services in connection with the proposed expansion of the Town of Queensbury Water Treatment Plant, and WHEREAS, the Town of Queensbury and O'Brien and Gere Engineers, Inc., entered into an Agreement for engineering services dated September 24, 1993, including an addendum dated September 29, 1993, which provided for the Engineers to furnish services for the said expansion, and WHEREAS, an Amendment NO.2 to the aforesaid agreements has been presented by O'Brien & Gere Engineers, Inc., and a copy of the same has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Amendment NO.2 Agreement presented at this meeting, and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the agreement on behalf of the Town of Queensbury and to take such other and further steps as may be necessary to undertake performance under the aforesaid Amendment NO.2 Agreement, and BE IT FURTHER, RESOLVED, that payment for said services will be made from the appropriate Capital Project Fund Account. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION HIRING O'BRIEN & GERE ENGINEERS, INC. CONCERNING WEST GLENS FALLS WATER RESOLUTION NO. 419, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to hire an engineering firm to address the water quality problem existing in the West Glens Falls Water District, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc. to address the water quality problem existing in the West Glens Falls Water District, at a sum not to exceed $3,000.00, and to be paid for from Engineering Services Account No.: 40-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an agreement in a form to be approved by the Town Attorney, for the retention of the services of O'Brien & Gere Engineers, Inc., consistent with the terms and provisions of this resolution. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Tom Flaherty and Mr. Ralph VanDusen spoke to the board regarding the West Glens Falls water system and the problems that exist for that area. RESOLUTION AUTHORIZING TOWN HISTORIAN'S ATTENDANCE AT ASSOCIATION OF MUNICIPAL HISTORIANS OF NEW YORK STATE ANNUAL CONFERENCE RESOLUTION NO. 420, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that Marilyn VanDyke, Town Historian, is hereby authorized to attend the Association of Municipal Historians of New York State Annual Conference to be held in Ronkonkoma, New York from September 22-24, 1994, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at this meeting are a proper Town charge, and that all expenses, not to exceed $400.00, shall be paid for from the budgeted account: 01- 7510-4090, and BE IT FURTHER, RESOLVED, that a special Audit of Bills as represented by Voucher #94-3433, in the amount of $130.00, payable to Everett Lee, Treasurer, Association Municipal Historians ofNYS, and representing the registration and bus fees for the aforesaid conference, be and hereby is approved. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION CONCERNING SEQRA REVIEW OF WARREN COUNTY BICYCLE TRAIL EXTENSION RESOLUTION NO. 421, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Warren County is undertaking a program to utilize abandoned CP Rail Line Property between Quaker Road in the Town of Queensbury and Platt Street in the City of Glens Falls for an extension to the existing County Bikeway between Glens Falls and Lake George, and WHEREAS, Warren County has determined that the project is an unlisted action under SEQRA, and as project sponsor, has prepared a Short Environmental Assessment Form and initiated a coordinated review of the proposed action, and WHEREAS, Warren County has also notified the Town of Queensbury that it is seeking lead agency status under SEQRA for the proposed action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon review of the Warren County Bicycle Trail Extension Project, hereby indicates its consent that the Warren County Department of Public Works be lead agent for purposes of SEQRA review, and the Town Supervisor's Office is hereby authorized to arrange for notification of this consent to be sent to the Warren County Department of Public Works. Duly adopted this 29th 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 AUTHORIZE TOWN SUPERVISOR TO EXECUTE PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AGREEMENT RESOLUTION NO. 422, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Sanitary Sewer System of the Pershing-Ashley-Coolidge Sewer District within the Town of Queensbury is connected to the Sanitary Sewer System of the City of Glens Falls for the purpose of treatment and disposal of sewage waste generated within the Pershing-Ashley-Coolidge Sewer District, and WHEREAS, the City of Glens Falls through the Board of Water and Sewer Commissioners and the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, have hereinbefore entered into a contractual agreement for the service provided by the City of Glens Falls in treating and disposing of the sewage waste generated by the Pershing-Ashley-Coolidge Sewer District, and WHEREAS, the last Agreement between the Board of Water and Sewer Commissioners on behalf of the City of Glens Falls and the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District will expire December 31, 1994, and WHEREAS, a new proposed three (3) year contract agreement has been negotiated between the City of Glens Falls and the Town Board of the Town of Queensbury, which proposed agreement has been presented at this meeting, and WHEREAS, a review of said agreement discloses that the proposed Agreement is fair and equitable in all respects and that it is in the best interest of the Pershing-Ashley-Coolidge Sewer District to enter into the proposed written Agreement with the City of Glens Falls, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, approves, on behalf of the said Sewer District, the proposed Agreement presented at this meeting in the present form thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be authorized and directed, on behalf of the said Sewer District, to execute said Agreement and that the Sewer District be bound by the terms and conditions of the Agreement upon the execution thereof by the Town Supervisor. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION RESCINDING RES. 370, 94 CONCERNING REPURCHASE OF CEMETERY LOTS RESOLUTION NO. 423, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 370, 94 approving the repurchase of cemetery lots by the Cemetery Commission from Mrs. Nora Stark, and WHEREAS, Rod Mosher, Superintendent of Pine View Cemetery, has advised that Mrs. Stark no longer wishes to sell the cemetery lots back to the Cemetery Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 370, 94, for the reason set forth above. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 424, 94 INTRODUCED BY: Mr. Fred Champagne 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: "FROM" ACCOUNT NAME "FROM" ACCOUNT CODE Misc. Contr. 001-1110-4400 Misc. Contr. 001-1310-4400 Misc. Contr. 001-1310-4400 Misc. Contr. 001-1310-4400 Misc. Contr. 001-1310-4400 Purch. Agent 001-1345-1150 Misc. Contr. 001-1355-4400 Contingency 001-1990-4400 Purch. Agent 001-1345-1150 Misc. Contr. 001-1420-4400 Misc. Contr. 001-1420-4400 Misc. Contr. 001-1460-4400 Misc. Contr. 001-1620-4400 Misc. Contr. 001-1310-4400 Misc. Contr. 001-3410-4400 Misc. Contr. 001-3620-4400 Misc. Contr. 001-3620-4400 Contingency 001-1990-4400 Misc. Contr. 001-5010-4400 Misc. Contr. 001-7020-4400 Misc. Contr. 001-7020-4400 Misc. Contr. 001-8010-4400 Misc. Contr. 001-8020-4400 Misc. Contr. 001-8020-4400 and BE IT FURTHER, "TO" "TO" ACCOUNT $ ACCOUNTNAME CODE AMOUNT Court Clerk 001-1110-1062 900 Dir. of Acc't 001-1310-1040 900 Acc't Clerk 001-1310-1090 800 Sr. Acc't Clerk 001-1310-1100 800 Principal Acc't Clerk 001-1310-1180 800 Tax Receiver 001-1330-1120 3,900 Town Assessor 001-1355-1160 800 Deputy Town Clerks 001-1410-1200 1,800 Sr. Clerk (PT) 001-1410-1880 5,000 Town Attorney 001-1420-1790 1,600 Conf. Legal Sect.'s 001-1420-1890 1,600 Records Clerk 001-1460-1061 400 Bldg & Grnds Supt. 001-1620-1220 800 Dir. of Data Proc. 001-1680-1002 150 Fire Marshall 001-3410-1636 900 Exec. Dir. Comm. Dev. 001-3620-1605 600 Dir. ofBldg & Codes 001-3620-1820 800 Dep. Highway Supt. 001-5010-1300 100 Conf. Sec. Highway 001-5010-1320 900 Dir. of Parks & Rec 001-7020-1330 800 Rec. Program Spec. 001-7020-1360 800 Exec. Dir. Comm. Dev. 001-8010-1605 600 Exec. Dir. Comm. Dev. 001-8020-1605 600 Planning Assistants 001-8020-1610 1,900 RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 425, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the special Audit of Bills as represented by Voucher #94-3432, in the total amount of $ 320.00, payable to the NYS Environmental Conservation be and hereby is approved. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, BY ADDING A NEW CHAPTER 5 TO BE ENTITLED, "ANIMAL CONTROL OFFICER, II WHICH CHAPTER SHALL PROVIDE FOR THE CREATION AND ESTABLISHMENT OF AN ANIMAL CONTROL OFFICER POSITION RESOLUTION NO. 426, 94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1994, A Local Law to Amend the Code of the Town of Queensbury by adding a new Chapter 5 to be entitled, "Animal Control Officer, II which Chapter shall provide for the creation and establishment of an Animal Control Officer Position, and WHEREAS, such legislation is authorized pursuant to Town Law ~20, Agriculture and Markets Law Article 7, and the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 19th day of September, 1994, to consider said Local Law No. _, 1994 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1994 in the manner provided by law. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None BEFORE VOTE: Attorney Dusek-With the board's permission we'll make a slight change in the law itself. There's a mistake with the lettering as it appears on page 5, 6, and 7, there are two paragraph B's and we'll have to re-letter them. RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 427, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the special Audit of Bills as represented by Voucher #94003476, in the total amount of $ 35,459.10, payable to DKC General Engineering Contractor be and hereby is approved. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None PRESENT A TION - GLEN LAKE KIWANIS CLUB Mr. Dan Morrell, spoke to the Town Board regarding October 22, 1994, a Kiwanis International project called "Make a Difference Day". Noted, we have approval from Mayor Desantis in Glens Falls and are here tonight to seek the approval of the Queensbury Town Board to declare Saturday, October 22, 1994 as "Make a Difference Day". Mr. Joe ... incoming Lieutenant Governor for the Mohawk District and past president of the Glen Lake Kiwanis Club noted all the local participants in the program, the monies that have been allocated through different sponsors such as Paul Newman whose donating one hundred thousand dollars. Would like to see the Town Board prepare a proclamation on behalf of the Town of Queensbury. Town Board held discussion and agreed to have Attorney Dusek prepare the proclamation for the next regular town board meeting. Mr. Tony Palangi suggested that the town consider preparing the proclamation together with the City of Glens Falls. Town Board agreed it's a great idea. STUMP DUMPING Mr. Steve Kelly from Kelly Homes, questioned the board regarding the issue of notice by Mr. Martin to stop the stump dumping by the builders. Executive Director, Mr. Martin-The notice basically is a reaffirmation of what was already in the regulations. If it had been occurring, it was not supposed to and we are now enforcing that. Any time we see it happening, we're taking the appropriate action to have the stumps removed and deposited in an appropriate landfill. (Mr. Martin read the regulations for Mr. Kelly into the record) All fill material shall be of a composition suitable for fill and free of brush, stumps and other debris. No organic material shall be disposed of on site. PCB'S - HUDSON RIVER Councilman Caimano noted there's a resolution on the table and part of that resolution is hiring O'Brien & Gere who will be testing for PCB's. My concern was the discussions that DEC and NIMO had regarding the dredging of PCB's from that little dump where there's a little pocket of PCB's in the Hudson River just north of our water treatment intake and my concern is the fact that historically this has proven to be not a good thing, in that the dredging of the PCB's created more problems then it solved. My concern is that we as a town get a third opinion. What I don't want is for NIMO and DEC, for what ever their reasons, to create an answer for us which in fact may create more hazards then it will solve. Councilman Monahan questioned whether Tom or Ralph were members of the citizen's committee? Supervisor Champagne noted, they're both members. Councilman Caimano questioned whether any action has been taken? Mr. Flaherty noted, no and there will be a period of time where you can address your concerns with DEC. They will review them and take them up with NIMO and their engineers, who will respond to them and then ultimately, it's DEC's call I believe. There is a public hearing scheduled and that will take place before anything is finalized. I'm unsure of the date but I will provide that information to the board. SPONSOR BALLOON Supervisor Champagne noted that the town has been asked to sponsor a balloon known as the Peacock during the Adirondack Balloon Festival. Councilman Caimano-We've had some informal discussions regarding the budget in general and about contributions and where the public money should go or should not go. I'll speak for myself, I've said in the past and I continue to say that I don't think taxpayer's money should be used for charitable situations and certainly not those that are profit making situations. I would say no. Councilman Wiswall-What's the cost? I know it's immaterial but I was just curious. Supervisor Champagne-Four hundred dollars. Any other comments from the board? Councilman Pulver-I agree with Nick. Councilman Monahan-I'm fully in favor of taking a spot in the program, I think it's good PR for the Town of Queensbury. I don't feel that strongly about sponsoring the balloon one way or another. I do feel the program puts our name in front of alot of people who come in to this town. Dr. Wiswall-I'm in agreement with Betty and Nick, I don't think we need to sponsor a balloon. Town Board agreed not to sponsor a balloon for the festival. Councilman Caimano spoke regarding the purchasing procedure manual noting that the dollar limitation for request of professional services does not reflect Town Board Resolution 763 of 1993, changing it from ten thousand to twenty thousand. Noted further, that the Town Board adopted the same on May 2nd by Resolution No. 220 of 1994. Attorney Dusek noted that the Town Clerk's records would be controlling. Supervisor Champagne read letter into the record from the Hyde Collection: Dear Fred, The Hyde Collection is requesting permission to place directional signs supplied by the City of Glens Falls at or near Exit 18, Route 149, Crandall Park and possibly one other location in Queensbury. Actual locations are still being considered and no action will be taken without your concurrence. Your support is very much appreciated. As you know, much of our revenue comes from public patronage and use of the facility. Signage will be a boost to our attendance and help everyone locate the Hyde. We thank you. signed, Best personal regards, Kathleen Monaghan, Director. (letter on file in Clerk's Office) Town Board held discussion and agreed to grant permission as long as the signs conform to the sign ordinance and follow procedure of application to the Planning Board. ATTORNEY MATTERS 8:05 P.M. Attorney Dusek reviewed a proposal with the Town Board that he received today from Rist Frost Associates regarding the Queensbury Forest situation. Town Board held discussion and requested copies of the proposal for their review before taking action. Attorney Dusek spoke to the Town Board regarding the AMG loan, noting that part of the monies have been given out for the working capital and the other part for the equipment has been held due to a situation concerning the collateral. They had to get a position with the bank so that the town could have first priority on the collateral which is required under the loan agreement. They have sent to me a proposed subordination agreement which have some unusual twists. The wording to this agreement is not quite there yet, it's been revised a couple of times throughout the day but because the board is not meeting until the 19th, I wanted to bring it to you in the event that you felt comfortable to give the Town Supervisor broad authority to go ahead and enter into this subject to language that I can assure protects the town. Town Board held discussion, agreed to hold off until it's finalized and reviewed by the entire board for their approval. OPEN FORUM 8: 12 P.M. Mr. John Schreiner-Questioned whether the Dunham's Bay Road situation has been finalized. Noted dissatisfaction with the map that was sent to him and noted concern about the lack of parking for himself. Mr. John Salvador-Noted serious error in the map. Attorney Dusek-Noted that he would be willing to make another attempt at resolving the situation. Councilman Caimano-Recommended that the attorney schedule another meeting among the property owners. Ms. Joyce Eggleston, East Branch Road, Queensbury-Noted her dissatisfaction with the members of the Town Board with their lack of interest regarding the Craig Seeley subdivision matter over the weekend. Described the situation, noting that Mr. Seeley last Tuesday night had an application pending for a subdivision of a light industry parcel before the Planning Board. Noted further that the property borders some light industry and alot of residential properties including water front property. The project also lies within a hundred to a hundred and fifty feet of the Hudson River. The parcel has steep slopes with natural streams flowing from them into a DEC classified brook bordering the eastern residential boundary of the property and subsequently into the Hudson River. There's a very good possibility that these springs also feed our wells. It was declared at that meeting by Jim Martin, the Zoning Administrator that these streams lying in certain ravines are classified streams and there was to be a no disturbed area within thirty-five feet of the ravines and the streams. There was also alot of discussion at that meeting regarding buffers and the areas bordering the residential sections. Because a mistake had been made on Mr. Seeley's drawings regarding the subdivision and the buffers involved the board tabled the matter until his drawings were corrected to reflect the correct buffers. Saturday morning, Mr. Seeley with two bulldozers and a crew of men filled in the ravines that contain the streams. He also bulldozed the buffer areas on the eastern side of the property bordering the residential areas. The neighbors were all in a panic. I immediately made some phone calls, was unable to reach any of the board members but I was able to get Jim Martin and Tim Brewer to the site. I can't expound enough on the dedication of these two town employees, they were willing to give time on a Saturday where town board members were not. They both saw immediately that Mr. Seeley was in direct violation of the Queensbury zoning laws. In the meantime, unbeknown to the neighbors Mr. Seeley had withdrawn his application. Mr. Martin tried on Saturday to get the destruction of natural streams, ravines and buffers stopped but was unsuccessful and was thrown off the property along with Tim Brewer and a Warren County Sheriff. Mr. Martin contacted Mr. Dusek to see whether an injunction could be issued and was told that it would have to go before a Supreme Court Judge who could not be reached on a Saturday. Attorney Dusek-For the record that was not my reply. Ms. Eggleston-What was your reply? Well, let me finish first. Sunday morning Mr. Champagne sent word that he spoke with Mr. Seeley's parents asking them to see whether they could get young Mr. Seeley to slow down until this problem could be resolved. That had absolutely no impact, none whatsoever. If Mr. Martin is to do his job, he needs the support of the town board. Nothing was done ... it was direct violation of town zoning and nothing was done. All of you should have been aware, you should have made yourselves aware of our problem ... you're our representatives ... you don't work five days a week and if you think you do, you don't belong here. Something has to be done about this situation. Today, I'm very disheartened to learn that Mr. Dusek has determined that the natural buffers that took years to grow around this light industry project, can be destroyed. When we have a bad rain storm the erosion and the surface water that comes off these ravines is going to be devastating to the DEC approved brook that lays at the bottom of it. Mr. Martin was successful today in getting a court hearing for September 12th against Mr. Seeley which is our one remaining hope that maybe something can stop this man. But my main complaint is that you people are inaccessible on times when you should be. You should be down there, even if only moral support to the people in our area. Everyone of you should have seen this site. Attorney Dusek-Noted that he received a call from Tim Brewer Saturday afternoon somewhere around three and was apprised of what was going on and also apprised that they were not sure of the designation of the steam but DEC officials were coming down. My reaction was, we have several options and I think this is where the issue of the injunction got started because I thought one possibility would be to go for a temporary restraining order, some kind of injunction. Another possibility is to wait until Monday, cite him as a quasi criminal type matter and proceed in that matter. One of the things that bothered me as far as Saturday night, and during the course of the conversations it's possible that I could have mentioned that I don't know if I would find a Judge or not but I did not say I would not get a Judge but I also remembering distinctly saying at three o'clock on a Saturday afternoon and there's not a whole lot you're going to get done before it turns dark plus I felt we didn't have adequate information as far as knowing for sure the story of the stream or the buffer lands or anything else. At that point, I recommended that we talk Sunday morning and re-evaluate the situation and hopefully we would have heard from DEC at that point. Sunday morning Jim called me, we re-evaluated the situation again, this time I had a better understanding as to what was happening. At that point I was also apprised that it was not a DEC regulated stream that he was filling in. After listening to everything, my reaction was, and I was not optimistic that I would definitely get a temporary restraining order because usually those type of things are issued when there's irreparable harm, meaning you can't fix it, after considering all of that it was my opinion we should not go for the temporary restraining order. Monday morning when I came in, I heard yet more about the incident and at that point I was absolutely positive we did the right thing in not going for a temporary restraining order especially when I read the ordinance and found there was no violation in terms of going into the buffer areas. You may not like that part of the ordinance but I'm only reading what the law says and there was no violation, in my opinion with regard to the buffer areas and now what we were looking at is a filling in of a stream that's in a DEC designated area and that was the maximum of the violation which violation in my mind can clearly be undone if that's the end result. When you take all of that into consideration plus the fact that, whether we agree or disagree with what Mr. Seeley is doing the fact that he's in an industrial zoned area and he does own the property and we have a strong presumption in this country towards constitutional rights of private property as well as due process, it was my opinion that the better way to go is to cite him for the violations and take it through the normal court tracks with the fact that I feel that after that part of it's resolved, if there has to be something that's undone, it can be undone and we can correct the problem. As far as the buffer goes, there's no law on the books that protects the town in that situation. The buffer area in the zoning ordinance goes to the industrial use as opposed to just simply clearing land in an industrial zoned area. I think everything that should be done is being done at this point. The only thing that the board may want to take into consideration is whether or not we try to maintain a further civil action at this point in addition to the quasi criminal type action we're maintaining. There's pros and cons behind that and because that would be matters leading to litigation and client attorney privilege, that's matters best discussed with the board in executive session. Right now, I have to say I think that the town is handling the matter properly. Executive Director, Mr. Martin-Referred to what happened on Saturday and noted that the town did everything it possibly could. I went on the site myself, I asked Mr. Seeley where the location of the stream was that we talked about at the Planning Board meeting the previous Tuesday. He said, "It's right there, now get off my property II . I left, I placed a call to the sheriff, he came, he went in, talked with Mr. Seeley's father on the site, he indicated some willingness to talk to us, the sheriff and I made another attempt to go back to the site, walked onto the site at which time the son threw us off again. The county sheriff attempted to contact a conservation officer because he would have the authority to go on the site and was unsuccessful. So at that point we were essentially locked out of the site and that's when we decided to call Paul. I'm sure work went on all day Sunday. This morning first thing I filled out a summons, it was processed at the court this afternoon and the court day is set for one o'clock September 12th. Councilman Monahan-In the meantime, is he stopped from doing anything until that court date? Attorney Dusek-No. Executive Director, Mr. Martin-The other thing that was done today, an environmental conservation officer did go to the site today and he confirmed the situation that he can not be involved in the streams that were filled because it's not one of their regulated streams. I placed two calls to Les Saltzman, the biologist at Warrensburg and in fact designate that a stream according to their protection standards, then he'll be in violation of environmental conservation laws as well. I hope to get him on site tomorrow. Ms. Eggleston-I will say again, Jim was great. You have a great employee, he's dedicated, he's willing to listen and I think he tries to do a good job but there's certainly some areas within the town's ordinances or the town's zoning laws that need tightening up. If your going to enforce things in one spot, they have to be enforced in another. Executive Director, Mr. Martin-In my opinion, where this whole thing broke down, I as a planner, when I see physical and environmental constraints that I see on this property, I can imagine why this carries a light industrial designation. Councilman Caimano-But since it does carry that designation, what was it that we were supposed to do? Executive Director, Mr. Martin-I did everything that I could think of that day on the site. Councilman Caimano-I have all the sympathy in the world for you, Joyce. This Town Board, in another matter not three weeks old have been living in the Queensbury Forest because of hand holding, because we feel we should do that. You can't hold us to task for what should be, we can only react to what is. Town Board held further discussion and agreed to continue doing all they can legally to keep him in compliance with the regulations. Mr. John Salvador-Referred to the Balloon Festival Program and questioned whether there's a charge for the program? Supervisor Champagne-Noted that he believed it to be two dollars. Mr. Salvador-Noted that the citizens have paid once for it and they should not have to pay again. Questioned the status of the dog enumeration program? Councilman Wiswall-Noted that the process is still going on and at this point, the dog enumerator is presently on Country Club Road and is doing a very good job. Mr. Salvador-Noted, there's a check deposit of one hundred dollars required in order to rent the community room at North Queensbury fire house that would be returned provided there was no damage or anything. Noted his dissatisfaction with the policy. Questioned the status of the Park Commission Stormwater Grant? Executive Director, Mr. Martin-Noted that he met with Mike White last week. Noted further the purpose of the money is for receiving communities to develop a stormwater plan. The plan is not to lead to regulations on our part but to lead to those projects which the town would actually undertake and also those mechanisms by which we would prevent stormwater from being a problem in the future. Mr. Salvador-Questioned the town on using the ten thousand dollars to do an environmental impact statement on stormwater which the Park Commission was supposed to do by law? Executive Director, Mr. Martin-Noted that whatever the town ultimately does is going to be subject to an environmental assessment and potentially an impact statement. Mr. Salvador-Noted that the public hearing for the SEIS for North Queensbury County Sewer project will be held sometime in September. Questioned if the town was prepared. Supervisor Champagne-Noted that the town is ready. Mr. Salvador-Noted that he's attended two meetings on the comprehensive plan that the town is undertaking and is concerned that the people attending these meetings don't understand the importance of this process. Councilman Caimano-Recommended that Mr. Salvador write a guest essay for the Sunday paper expounding that very point. Supervisor Champagne-Questioned whether he is suggesting a change to the format of the meetings? Mr. Salvador-Noted that there's too much politicizing at the meetings. We don't need the politicians there. If you want to sit there fine but the participation I think is wrong. I think Mr. Naylor sitting in the back of the room and everybody cheering about what great roads we have and the snow plowing has absolutely no place in these meetings. This is serious. Councilman Monahan-I have made a great effort in my area to get the word out, people have delivered flyers, we've put posters all over. I don't know what you can do to get people fired up, to participate. If you've got a solution, I'd like to know it. It's very discouraging. Mr. Roland Akins, Corinth Road-Noted that he spoke with Carol Pulver Sunday morning regarding the Seeley situation and was satisfied with her comments. I don't believe that any of you could have done more then you did. I would have liked for you to have seen it, the arrogance and the defiance of Mr. Seeley. Noted concern about the effects on the Hudson River. Recommended that the Town Board push this all the way. Town Board agreed. OPEN FORUM CLOSED 9:20 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 428, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters Executive Session to discuss personnel matters, matters leading to the possible hiring of an individual, one matter of litigation and one matter of potential litigation. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 429, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND FIL L. FINA III, P.E., REGARDING ENGINEERING SPECIFICATIONS AND PLANS FOR INSTALLATION OF AIR CONDITIONING UNITS FOR QUEENSBURY ACTIVITIES CENTER RESOLUTION NO. 430, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, pursuant to resolution no. 382, 94, the Town Board of the Town of Queensbury authorized the hiring ofFil L. Fina, III, P.E., to prepare engineering specifications and plans for the installation of air conditioning units for the Queensbury Activities Center, and WHEREAS, the amount authorized to be expended in said resolution needs to be increased to $2,500.00 based on information received from the Engineer and the Building and Grounds Superintendent as to the total cost for all services to be performed, which will also include development of bid documents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 382, 94 to increase the authorized amount to $2,500.00 and authorizing the Town Supervisor to execute an agreement with Mr. Fina and perform engineering services, with the agreement to be in a form approved by the Town Attorney. Duly adopted this 29th day of August, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 431, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss those items that were previously announced for Executive Session. Duly adopted this 29th day August, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan,