1992-02-24
SPECIAL TOWN BOARD MEETING
FEBRUARY 24, 1992
7:00 p.m.
MTG.#18
RES. 137-140
TOWN BOARD MEMBERS PRESENT
Supervisor Michel Brandt
Councilman Betty Monahan
Councilman Susan Goetz
Councilman Nick Caimano
Councilman Pliney Tucker
Town Attorney Paul Dusek
Supervisor Brandt -Opened the Meeting
Discussion held-re: Aviation and West Mt. Road Intersection - Mr. Caimano noted that Mrs. Hartman has
noted that many cars end up in her front yard...Mr. Naylor has suggest that blinking red lights be installed
at the intersection...Mr. Tucker suggested that the street lighting be increased at all those intersections.
Discussion held with Representatives of the Queensbury Volunteer Fire Departments-Mr. Nick Caimano-I
am the liaison on the Board to the Fire groups, requested information on the Hazardous Material plan for
each of the fire companies which has been requested by OSHA..Mr. Tobias Queensbury Central Fire
Chief-noted that they had been inspected by OSHA..spoke with consultant and he noted that what we are
doing when we respond to fires, we should not be doing, what we basically do is wash away the gas or put
down speedy dry and just leave the scene and actually we are not suppose to be doing that according to
OSHA..we could do that if we were, are instructed and trained in the different levels, none of us are trained
in these levels, we are talking a lot of money to get us trained.. . noted that a plan must be formed at the
Town and County level also...Attorney Dusek-noted that the County did develop a hazardous waste
material plan which they distributed widely, I met with several fire companies on a hazardous material
plan, we have a plan that could be used pending further information...we have been waiting for information
from some of the companies...Councilman Caimano-questioned what the time frame was for developing a
plan? Attorney Dusek-they have given us sufficient time to get it in place (1993) my advice is that you do
not wait that long.. .Mr. David Hatin-on the three levels of response.. :Level 1. no action other than secure
the scene Level 2. you will take action and try to mitigate or eliminate the hazard Level 3. you clean the
spill up... recommended the Ed Corlew from Scott Paper, who is very familiar with OSHA requirements be
used as a consultant to find out what OSHA is looking for, and help you develop a plan...Mr. Grant-noted
that he teaches with Mr. Corlew and he is knowledgeable, a person with his capabilities could write a plan
that could be adaptable to all fire companies, and tack an addendum on the plans of the fire companies for
the Town plan it does not have to be elaborate... Supervisor Brandt-It would seem futile to train a wide
sector of the population to handle a lot of these kinds of problems, it would seem to me that you need a
team, a team like that would be State government, what we ought to have is a phone number and get
someone here to handle the real situation...making a plan to cover all the possibilities is really a matter of
getting specialized help and not just to make a plan but to execute it. Councilman Monahan-I have no
desire to see volunteers exposed to a lot of these things ... Councilman Caimano noted that he will call Mr.
Corlew and see if we can get a meeting together...
Discussion held regarding use of State Contracts-It was agreed that Miss Dougher would make copies of
the State Contract lists for each of the volunteer fire companies.. .Miss Dougher noted that the fire
companies are covered under state contract bidding, noted that if any company needs an item she would be
willing to help the companies find prices and obtain the products...Also noted the State Contract price is notealways the lowest price...Councilman Caimano-recommended that the fire companies pool their
buying...noted the Town could be the clearing house where the fire companies feed us information and
other companies could use this...suggested buying in volume...Mr. Hatin suggested that this be discussed at
the monthly Chiefs and Officers meeting.
Discussion held in regard to receiving Planning/Zoning Board minutes...it was suggested that the
companies received the agenda and if they feel it is necessary they can asked for a copy of the pertinent
minutes...
Discussion held regarding the Fire Service Award Program-we are looking for input from the firemen
regarding how they want their money invested...Councilman Caimano-The Town contributes the money to
you and the bank will invest as they see fit but it is in fact your money...Mr. Ed. Houlihan-The Town
Board is the trustees in the service award program trust it is really your decision and responsibility... to
invest the money, I like what I just heard, getting input from the Fire Companies makes a lot of
sense... Councilman Caimano- I would like to see some kind of a communications network set up ...
Councilman Goetz-requested permission to attend some of Fire Company meetings, especially in Ward II...
Discussion held regarding the Hepatitis shots...Mr. Hatin noted that the contracts have been
signed...Warren Co. Health Nursing has been contacted they will be checking with the County Attorney
and a schedule will be set up...
Councilman Caimano- Thanked the fire companies for attending the meeting...
Supervisor Brandt-noted the Mr. Hatin and Mr. Grant wish to attend a school, it is provided for in the
budget...
The Board agreed to have a resolution to cover this...
RESOLUTION REGARDING ATTENDANCE AT SCHOOL
RESOLUTION NO. 137,92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, Dave Hatin and C.A Grant Acting Fire Marshal have requested permission to attend the
Finger Lakes Building Officials School during April 13th through the 15th in Rochester and
WHEREAS, the hotel where the school is offered will have a special rate of $74.00 a day and it is expected
that three nights will be used at the hotel and travel will occur in a Town vehicle and that meals are
included in the registration of $174.00 per person, and
WHEREAS, the approximate total cost of two persons with travel expenses is $550.00 and
WHEREAS, credit offered through this school is applicable to the Code Enforcement Officer Training
Records, and
WHEREAS, the Town Board has been informed that the two persons from the Town of Queensbury will be
picking up one other person from an adjoining Town to take them out to the school as well and therefore
riding in the Town Vehicle,
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby authorizes C.A Grant and Dave Hatin to
attend the above described school and hereby further authorizes them to use the Town Vehicle and also
transport another person from an adjoining Town going to the same school and be it further
RESOLVED, that the expenses incurred in connection with this schooling shall be paid for from the
appropriate budgeted accounts.
Duly adopted this 24th day of February, 1992 by the following vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES: None
ABSENT:None
Councilman Goetz-requested that the Board receive agenda of conferences that employees request to
attend. ..
Councilman Tucker-Spoke to the Board regarding the consolidation of Clendon Ridge into the Queensbury
Water Dist....requested that action be taken as soon as possible...Attorney Dusek-disclosed that he does
reside within the Clendon Brook Water Dist....
Discussion regarding drainage-Supervisor Brandt -requested that the Board will have to look at what we
will do in the future..I do not have a problem with what they did except that they deeded it as part of
people's yards...Councilman Tucker- I believe that retention ponds are ludicrous, you require people
to put fences around their pools and then developers can dig holes and let water run in there...
Councilman Tucker-Presented the Town Board with a letter presented to Great Escape regarding water...
(Supervisor Brandt left the meeting at this time)
Discussion regarding West Mt. PUD
(Deputy Supervisor Nick Caimano ran this portion of the meeting)
Attorney Dusek-presented the Town Board with letters from Mary Brandt General Partner, West Mountain
Liquidating Partnership dated February 22, 1992 and a letter from West Mountain Realty Limited Partners,
Joseph T. Krzys Jr., and Arthur O. Wellman dated February 18, 1992 (both letters on file)
re: granting extension of the West. Mt. PUD
Discussion held regarding the length of time of the extension....it was the determination of the Town Board
to extend the date to February 26, 1993
RESOLUTION AUTHORIZING EXTENSION OF TIME TO DEVELOP
WEST MOUNTAIN VILLAGE PLANNED UNIT DEVELOPMENT
RESOLUTION NO.: 138,92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, West Mountain Villages, Inc., submitted a Planned Unit Development Application
dated April 10, 1987 to the Town of Queensbury for a portion of the West Mountain Village Planned Unit
Development to be located in the Town of Queensbury, and at about the same time, filed with the Town of
Lake Luzerne an application dated April 23, 1987, for a portion of the Planned Unit Development to be
located in the Town of Lake Luzerne, and
WHEREAS, the Town Board of the Town of Queensbury was established as lead agency for the
entire Planned Unit Development, and thereafter, conducted an environmental review pursuant to SEQRA
and subsequently adopted legislation approving and authorizing the development of so much of the Planned
Unit Development as was proposed to be located in the Town of Queensbury, and
WHEREAS, West Mountain Liquidating Partnership, RD2 Buildings and Parking Ltd., and West
Mountain Realty Limited Partners, have requested an extension of time in which to start development of
the West Mountain Village Planned Unit Development, and the Town Board may, pursuant to the Zoning
Ordinance of the Town of Queensbury, Section 179-51 et seq., of the Code of the Town of Queensbury,
grant an extension of the date to commence development, and
WHEREAS, since the time the project was approved, the economic climate for developments of
this nature has significantly changed, and
WHEREAS, the aforementioned Planned Unit Development represents a great deal of money and
time spent by both the Town and the developer in studying all aspects of the developmental impacts on the
Town of Queensbury, Town of Lake Luzerne, and other surrounding communities, and
WHEREAS, the Town Board of the Town of Queensbury does not feel that the circumstances
have changed so significantly so as to warrant a denial of this request,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby grants an extension to
February 26, 1993 to commence construction of the West Mountain Village Planned Unit Development,
located in the Town of Queensbury.
Duly adopted this 24th day of February, 1992, by the following vote:
AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan
NOES None
ABSENT: Mr. Brandt
(Supervisor Brandt -re-entered the meeting)
Discussion held-re: Delaware and Hudson Railroad-Attorney Dusek-presented the Board with a proposed
resolution...noted that the previous voucher submitted for a lease (sewer lines) to cross the property should
be paid ... discussed the property to be used as a Bike Trail...Councilman Caimano-I do want to go on
record as saying if in deed a bike trial is wanted, certainly the Post Star has no problem of re-routing it
around the building and saving the people, and secondly you want to be very careful about saving this thing
for a bike trail remember where this thing goes across, it goes across Bay Road, it hardly seems likely that
we are going to allow, I certainly would not sit on this Board and allow a bike trail to go across Bay Road.
... Councilman Monahan-The point is if we are going to have bike trails in this community they are going
to have to cross roads ... Supervisor Brandt-We want to reserve the right to do that...Attorney Dusek
recommended a number 4 be added ... the issue of a bike trail over the current bed of the rail road track be
discussed with Delaware and Hudson, the County, New York State and D.O.T. in the event that some
arrangements may be made that would be satisfactory to the municipalities as well as adjoining property
owners....Councilman Monahan suggested that in paragraph 3 there should be a disclaimer...Attorney
Dusek suggest that the phrase be added, Delaware and Hudson will look into the matter set forth in
paragraph 4 below, and thereafter offer the property...noted that we should negotiate with the D&H and
DOT to get a permanent easement through there...
RESOLUTION TO REPEAL RESOLUTION NO. 126 OF 1992
RESOLUTION NO. 139,92
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
RESOLVED, that the previous resolution determining no objection to abandonment of the Delaware and
Hudson Railroad spur track bearing resolution no. 126 of 1992 adopted on February 20th, 1992
is hereby repealed by this Board.
Duly adopted this 24th day of February, 1992 by the following vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES: None
ABSENT: None
ABSTAIN: Mr. Caimano
RESOLUTION DETERMINING NO OBJECTION
TO ABANDONMENT OF DELAWARE AND HUDSON RAILROAD SPUR TRACK
RESOLUTION NO. 140, 92
INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury has been advised that the Delaware and
Hudson Corporation is attempting to abandon a portion of the Lake George branch line of the Delaware and
Hudson Railway, and
WHEREAS, a request for abandonment has been submitted to the New York State Department of
Transportation, and
WHEREAS, the proposed abandonment involves a spur track, which begins at the south line of
East Lawrence Street, Mile Post A60.88, in the City of Glens Falls, and ends at the track near Quaker Road,
Mile Post A62.55, in the Town of Queensbury, and
WHEREAS, certain information concerning the railroad is more specifically set forth in a letter
dated January 15, 1992 by McNamee, Lochner, Titus & Williams, P.c., Attorneys for the Delaware and
Hudson Corporation, a copy of the same presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Town
Board has no objection to the abandonment of the aforedescribed Delaware and Hudson Railroad Spur
Track, provided that, should the aforementioned Delaware and Hudson Railroad Spur Track be
discontinued or abandoned,
1) that the issue of a previously agreed to license for the placement of sewer pipes across property
owned by the Delaware and Hudson Corporation be addressed and that some arrangement concerning the
continued maintenance of the sewer pipes be made, perhaps in the nature of an easement, and
2) that the rails and other components of the track will be dismantled and removed from the area,
at Delaware and Hudson Corporation's expense, and that the land will be, in some fashion, restored, as
required by law, and
3) that New York State will have a preferential right to buy the property from Delaware and
Hudson and that, if the State does not exercise the right, Delaware and Hudson will look into the matter set
forth in paragraph 4 below, and thereafter offer the property for sale to adjoining landowners and then, if
said landowners were not interested in the purchase of the land, to anyone else who may be interested, and
4) the issue of a bike trail over the current bed of the rail road track be discussed with Delaware
and Hudson, the County, New York State and D.O.T. in the event that some arrangements may be made
that would be satisfactory to the municipalities as well as adjoining property owners
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor of the Town of Queensbury to transmit a letter to the Department of Transportation and
McNamee, Lochner, Titus & Williams, P.c., and all other interested parties, setting forth the Town Board's
position, as well as enclosing a copy of this Resolution.
Duly adopted this 24th day of February, 1992, by the following vote:
AYES
Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES
None
ABSENT: None
ABSTAIN: Mr. Caimano
Discussion held-Attorney Dusek-questioned if there was any discussion regarding the Lake George Sludge-
Supervisor Brandt noted that it was brought to the Board's attention, noted that there is no action being
taken now..
Attorney Dusek-Drainage Problem at Queen Victoria Grants-noted that the Board may want to look at the
situation, there was a letter sent out saying that we felt that the builders should take care of the driveways
...it may be the towns response that its the builders problem...Councilman Monahan-noted that in the future
we should have disclaimers for any easements that we take, for any problems the come up in so many years
goes right back to the developer. Councilman Tucker-We should be getting guarantees from the Engineers
that design these things. Attorney Dusek-requested that a Board member review this with me, to be
updated on the facts and possibly visit the site... Supervisor Brandt and Mr. Tucker will meet with Mr.
Dusek. . .
Discussion held regarding Sister City Program Saga Japan...Supervisor Brandt-noted that an official group
will be coming to the Town Office Building on March 30th 1992 at 12:45 P.M. invited the Board to attend
... noted that they will also be visiting the County and City ...
Discussion held regarding QEDC-Councilman Goetz-I had a call from Dean Beckos, they may be looking
for an office or perhaps a desk for the consultant... Supervisor Brandt -noted that he will be meeting with
QEDC ... I am very bothered that they would take Queensbury Taxpayers money and use it to fund studies
that they do with their own labor, I do not believe that the citizens of Queensbury want their money put up
for studies that they conduct. Councilman Caimano-noted that if an office is needed there is room in our
area, there is an extra desk. Meeting with QEDC to be held on Wednesday 26th at 2:30 P.M.
Discussion - Highway Dept. - Councilman Tucker noted that the screen on Big Bay Road discussed at the
previous meeting is used to clean the sand before they put it on the Highway...it is on rental and goes off
rental next week....up to this time we have spent $36,000 to own it, it would have cost $52,000 originally,
the life of the machine is 20 years....Mr. Naylor told me it was set up this way because one of the Boards
felt at that time that they did not want to purchase this piece of equipment...Mr. Tucker noted that we would
check out how long this has been rented...also noted that Mr. Naylor has spoken to him indicating that in a
short period of time we will be running out of gravel for covering the roads, the previous board had a deal
with Aviation Mall regarding the expansion that we are supposed to get a 100,000 cu.yards offill and that
is going to the pit on Big Bay Road to be used in that end of town, this dirt comes from Torrington,it is
something we will have to talk about... Councilman Monahan-Why has he been wasting so much of it for
the last two or three years... Councilman Tucker-He told me Saturday night he had men sanding at 10:00
they quit sanding at 10:30 Paul is at home he got a call from the Sheriff that Luzerne Road was icy, they
had just sanded it and under the law when he got the call, he had to put a truck out and sand it again, what
the Deputy had seen was the salt melting the ice on the road and thought the road was slippery...Attorney
Dusek-That is just good practice to avoid liability....Councilman Caimano-the question is not doing it the
question is how much...Councilman Tucker-He is governed by rules and regulations... Supervisor Brandt-
for your information we may own quite a bit more gravel out at the landfill than what we thought we
owned, we will have to double check with our surveyors...Councilman Tucker-Our contract with Mr. Zoli
ends when? Supervisor Brandt-It ends in two years I believe...we need to find out the bottom line on that.
Discussion on landfill-Councilman Monahan-I have a problem with the money being expended without the
Board's authorization, I have said that piece. It is my feeling for our own protection and to do a paper trail
we should have on file a copy of the lab certification by the State ofN.Y., spoke to the Board regarding
items that need to be clarified and agreed to by DEC ... such as the timing of the quarter, the whereabouts
and responsibility and custody of the all sets of keys to the wells and the responsibility and maintenance of
the wells, these are things that need to be done...we have to clarify if the wells can be used monitoring
wells...and at what depth are the monitoring wells to do done...who is keeping track of the deadlines in the
consent orders... Supervisor Brandt - .. . regarding sampling of the well, we are looking to use Hudson Valley
of Queensbury for doing the test... they are certified to do the testing... we are required to take the test and
we had to move on them they were supposed to start in January and this was early February and I took it
upon myself to tell the laboratory to sample them, it was done according to the plan that is on file... also
DEC said that these wells were the wells that we had to test... Councilman Monahan requested that the
Town Attorney review the Closure Plan and see what the things are that need to be done. Councilman
Tucker-also find out who is responsible for taking the gas tests?
Attorney Dusek-my recollection is that Clough Harbor had come back to the County for the other towns
and asked for more money and the Town of Queensbury at that point was out of the loop so we never got
included in the gas survey, as a result there was never any money they never did it and still is our expense
to do it... Councilman Monahan-When is it our obligation to do it? Supervisor Brandt-I have interviewed
two engineering firms to look at alternate closure plan proposals, both firms said a gas test had to be made
as part of the closure plan but you had to get de-classified in order to do it... noted that when the proposals
come in we will have a meeting and review them...whether we use Laverne Fagel or not it is a matter of
whether you are a toxic waste site or not, if we are you will probably want to use her services...if it is an
ordinary closure plan it is probably not necessary...that can be addressed down the road. Councilman
Tucker-questioned when the engineers came up with a plan, it has to be approved by DEC... Supervisor
Brandt-Yes...
Discussion on Code of Ethics-Supervisor Brandt-noted that he used the Town of Wilton's Code...Attorney
Dusek-reviewed the proposed changes to the Code of Ethics-reviewed the format...listed the Statutory
Authority...page 3...take out list of employees and replace with types of employees.. Supervisor Brandt-to
me it should be only policy making I do not think the wage eamer should be involved in this...Councilman
Tucker-I think, we can control what we want to control if we take management... Councilman Monahan-
There are some departments that are sensitive that we might ask more of maybe not to this extent, but I
think like Building and Codes some employees could have a conflict... Councilman Caimano-recommended
an exclusionary clause...Attorney Dusek noted that this could be rewritten and include an exclusionary
clause...noted that Judges are not included because they are part of the unified court system they have their
own set of requirements.. . noted if they are not part of the unified court system they will have to comply
with ours...
Page 4. B. "Interest" changed official to the word officer...changed affairs to contracts or relationships... 1.
added dependents...Attorney Dusek-re: employment ofrelatives..under current law it must be disclosed and
the employee can work the way this is written you have removed that exemption so now there is a conflict
of interest... Councilman Monahan-I have no problem with the way it is now...as long as it is
disclosed.... Supervisor Brandt-We are only talking about unemancipated children, if they are adult children
they would have every right to work for the Town, we are talking about kids, spoke about Recreation
program hiring...Councilman Monahan requested that the Attorney research this with the State law...no
decision was made...page 4 under 14.5 take out the word will replace with shall... A new paragraph
noting N.Y. State General Municipal Law Section 801 and 802...page 5 regarding gifts changed from 25 to
75 dollars per state law...Councilman Caimano-I have a total bias about that whole thing, a gift is a gift
whether it is 25 or 75 or 175 it carries the same connotation... there should not be any value, if you are not
going to accept gifts you are not going to accept gifts...Councilman Goetz-It is totally
unenforceable...Councilman Tucker-common sense has got to be used on this thing... Supervisor Brandt-I
agree with Nick in leaving a dollar amount out...Attorney Dusek-you want the dollar amount out reference
all together...Councilman Goetz-Of the monetary amount...Attorney Dusek recommended that a nominal
amount be placed in there...Councilman Caimano-recommended that if it was written that the gifts were to
be given to the Town ... noted that the Attorney will re-write this and come up with another idea...
Page 5 I. & 1. and K are added out of the old code of ethics...page 5 E. Councilman Monahan-I think
specific people ought to be prevented from appearing in front of these boards for two year whether or not it
is a case they worked on ... Councilman Caimano-We should have a time limit...Attorney Dusek noted the
time limits vary ...six months to two years...it was suggest that one year be inserted...page 6 14.6 added
General Municipal Law Sections 803 and 809 14.7 Code of Ethics Review...Attorney Dusek-questioned if
an annual attestation can be asked for every year? Councilman Goetz-noted that situations can change
from year to year... Councilman Caimano-questioned if this has been tested...asked that this be
researched...page 7 14.8 disclosure added E. this disclosure statement shall be in a form substantially as
follows: ... this will give some flexibility... also added phrase under Title or commencement of work for
the Town of Queensbury... under b. added partnership, for profit or not -for profit, other than the Town of
Queensbury... under d. Attorney Dusek noted that under State law it says in excess of $1,000... . agreed to
a $1,OOO...questioned raised does this include stocks? ... asked Town Attorney to research of individual
ownership of stock... page 12 Public Access-Councilman Monahan-The disclosure goes to the Board or who
ever will sit in judgement but the general public has got no business coming in and see what all of these
people's assets are... Supervisor Brandt-I think it is a good idea...Attorney Dusek- re: Ethics Advisory
Council and Ethics Board questioned whether two boards are best or appropriate...Councilman Goetz noted
that in speaking with Wilton you need both for balance...the Advisory Council determines what goes to the
Ethics Board, only the most serious matters get there....usually between the Town Board and the Advisory
Council you can work out most of the problems...Attorney Dusek-Noted that under General Municipal Law
they provide for an Ethics Board they do not provide for an Ethics Council...noted that the Town could
have two boards ...Supervisor Brandt-It does give us a mechanism to have all of these statements going to
the Ethics Advisory Council and then they in effect get the first look at an illegal act and then if they think
it is bad enough they send it on to the Ethics Board...Councilman Monahan- page 12 F. objects to the
statement The Town Board recognizes that public access to Disclosure Statements filed by Town officials
and employees will enhance public confidence and deter or uncover conflicts of interest or corruption.
Attorney Dusek-The Town Board is saying not to do that anymore... Supervisor Brandt-Instead what we are
saying is that these forms be sent to the Ethics Advisory Council and they be previlidge information. If
someone has a complaint they go to this council. Councilman Caimano- That will not stop someone from
getting that information...Attorney Dusek-I am not prepared to say now whether or not they would be
successful or not...noted that information will be shared by both boards...Attorney Dusek will re-write this
section. Councilman Monahan-Section 14.9 A Do you wish to have the Supervisor select the Chairman
or the Council itself.....Ijust think it subjects the Supervisor whoever it may be, that he could put pressure
on the Board... Councilman Goetz-noted that Wilton commented that picking a Chairperson is really
important because it puts the whole emphasis of what you are trying to do behind who you pick for the
chairman. ....Councilman Monahan-You don't choose the people to go on the Board in the first place
unless anyone of the five would be the kind that you would want to serve for chairman and once you put
the Town Board in any capacity us or the Town Supervisor getting their hands in there by picking the
Chairman if I were the public out there I would say hey, this in window dressing they are really going to
control this...agreed to by the Board to change it to read the chairman is to be picked by the Board
itselLPage 13... added duty to advisory council, it would give advisory opinions...Attorney Dusek-noted
that State Law provides that a Board of Ethics will have at least one municipal employee whether it be
elected or appointed officer and employee, that is another one of those things where I am not going to say
that you cannot do it the way you are doing it however it bothers me that now we have run into something
that is a little bit more of a stronger conflict with the general municipal law than what we have in other
places. General Municipal Law is quite specific in that regard, whether or not that may cause a problem
with the Board or not someday in terms of them being declared... Supervisor Brandt-Two fold, one I would
like to see that, I have no problem with following the law if you picked that person carefully from your
employees you can find good employees here that are discrete but I also think that you should not have
political committeemen on this Ethics Board or as employees of the Town anywhere except for elected
officials, I do not know where to put that in but I propose it...Elected Officials that what to be
committeemen in a political party God Bless them, that is how they get into office and maybe they need to
do that, but I do not think that employees of the Town should be committeemen of a political party because
I think that in itself produces conflict of interest in effect your political parties are going to mold the laws
how you treat employees in the Town and once you have employees that are committeemen they can be
enforcers for the political system and I think that's crap it should be separate. Councilman Monahan-I think
that is something that really belongs with the party ethics I do not feel it belongs in the government. It is
not something that I would support it. Councilman Caimano-I do not think that has anything to do with
this, it is separate. Councilman Goetz-I do not think an employee of the Town should be on either the
advisory councilor the ethics board...Councilman Monahan-neither do I nor do I think any Town Board
Member should or any person that works for this town in any capacity...Councilman Caimano-I do not
think anyone that is covered by this should a part of it. Attorney Dusek - I would recommend that we
broaden statutory authority under 14.3 to make a reference that we are actually superceeding one part of
this..... Supervisor Brandt-requested that the Town Attorney re-write this...Attorney Dusek-noted that page
17 I indicated that Civil Action would be brought by the Town Board not the Ethics Board...I am not sure
you can give subpoena powers to the Ethics Board, that is a question in my mind...will research
this... Councilman Monahan-Asked that the Attorney re-write the sections that are to be changed and get
them to us for review.
Discussion regarding a proposed Local Law regarding Insurance-noted that the resolution that was passed
will be presented as a local law...
Councilman Caimano-reviewed a proposal with the Board regarding the process of becoming our own
insurance company...we would not need Cool Insurance...
Discussion held regarding the renovations of the Court Building...requested that Mr. Brault present the
Board with an update...
Discussion held regarding Hovey Pond-Supervisor Brandt noted that Mr. Philo took readings around the
pond which Mr. Hansen is putting on a map...we will have some facts before the neighbors to tell them
exactly what can be done...
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury