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1992-05-04 REGULAR TOWN BOARD MAY 4,1992 7:00 P.M. MTG#44 RES 259-269 BH 15-16 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-DEPUTY SUPERVISOR/COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Kathleen Kathe, Dave Hatin, Jim Coughlin, Tim Brewer, Helen Otte PRESS G.F. POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOETZ Supervisor Brandt requested that Deputy Supervisor Caimano chair the meeting, due to being tired from recent travels. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 259, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - SHERRY & JOSEPH WILLIAMS NOTICE SHOWN Deputy Supervisor Caimano- This is a public hearing on a sewer variance for Sherry and Joseph Williams. Is there anybody here to speak for? Sherry Williams-I'm here for a sewer variance. Deputy Supervisor Caimano-Any questions at all on the... Councilman Monahan-Well, Nick I had raised the question before and I don't know if Dave's got any new documents. The disclaimer is only signed by Sherry Williams. If the property is in both names, that disclaimer should protect the Town and be signed by both of them. Mr. Hatin- The Town Clerk has the revised one. Councilman Goetz-Did you have a letter Dave? Mr. Hatin-Yes. Councilman Goetz-I don't believe we saw it. Deputy Town Clerk Mitchell-It's with your resolutions. Deputy Supervisor Caimano- Do we have it, okay. Is there anyone here who wants to speak against this variance? If not will close the public hearing. Attorney Dusek-Is the memo from Dave Hatin to be considered as part of the record on this case? Deputy Supervisor Caimano-I guess it would have to be, especially since Mrs. Monahan brought it up. That answers our question and it's a legitimate one. Councilman Monahan-We do have a new signed agreement or don't we? Deputy Supervisor Caimano-Caroline has it. Councilman Monahan-Dave, you said the stream that runs along this house is a double A stream, frankly I've forgotten what all these letters by a stream means. Mr. Hatin- You've got me too Betty, I really don't know, I didn't check into that. Supervisor Brandt-Betty, I think A destination means that the stream is used for a water source for somebody. Councilman Monahan-This is double A. I think double A is stricter that an A, isn't it? Deputy Supervisor Caimano-It also says in number 2, that it's not located in the critical environmental area. Councilman Monahan-The stream itself would be flowing into Rush Pond. Mrs. Williams-On Gurney Lane, I don't know very many people who live there that don't have a stream in their back yard. There is a runoff of some type, from the mountain, some have two. None of these streams have names, none of them are used for water. We all have wells or in our case an artesian well. This one runs into Rush Pond as do most of them from sources all over the mountain. They all come down. Councilman Monahan-Mrs. Williams, my concern is that Rush Pond itself is a critical environmental area, so we cannot be letting anything that might pollute, go into that. Mrs. Williams-That's understood. Deputy Supervisor Caimano-You've got the book there Paul, is there anything in there? Attorney Dusek-That wouldn't address the stream classification that would be DEC. Councilman Monahan-Paul, my only concern is and frankly, I don't have a problem with the application except that I think in some ways the Town has got to protect itself maybe by some clause in the approval in case this does, you know, cause any pollution of that stream. It will be the Williams responsibility not the Town to clean it up since we are permitting them to be closer than our normal regulations. Mrs. Williams-There is no place else to put it, we have already varied it. Councilman Monahan-I realize that, I'm just trying to make sure the Town is protected also. Supervisor Brandt-I think by law, any system that fails, is the property owners obligation to fix it. Attorney Dusek-That's the thought that's going through my mind. Councilman Monahan-Even though we're permitting this to happen? That's what I wonder, if we get a form of the liability because we're permitting it to happen. Attorney Dusek-I suppose anybody can try to make a case out of anything almost anytime these days. But, I think as a Board, your granting a variance based upon the best available information before you. Under the presumption the system will properly function, it will be safe. I don't know that you really have to get into those other issues. I agree with what the Supervisor just indicated, I think under the law in any event, if your system is polluting or causing damages or malfunctioning, the homeowner is going to be responsible in any event. Deputy Supervisor Caimano-Anything else? No one spoke, public hearing closed. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR SHERRY AND JOSEPH WILLIAMS, JR. RESOLUTION NO.: 15,92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Sherry and Joseph Williams, Jr. previously filed a request for two (2) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that requiring that there be (1) a 100 foot separation between the tile field and the well, and (2) a 100 foot separation between the tile field and a stream, lake or water course, 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 request on May 4, 1992, 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 applicant that he 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 Sherry and Joseph Williams, Jr. (1) allowing the placement of the tile field 65 feet from their own well, rather than placing it at the mandated 100' distance; and (2) allowing the placement of the tile field 65 feet from a stream, lake or water course (brook) rather than placing it at the mandated 100' distance, on property situated on Gurney Lane, 1,000 feet past (west of) Northway Entrance No. 20, Queensbury, New York, and bearing Tax Map No.: 32-1-26.1. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 16, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves back into Regular Session of the Town Board of the Town of Queensbury. All Those In Favor: Ayes All Those Opposed: None Absent: None QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 260, 92, Introduced by Mr. Nick Caimano who moved for it's adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Minutes of April 6th, 13th, 15th, 17th, and 20th of 1992. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker NOES: None ABSENT: None ABSTAIN: Councilman Goetz (April 17th & 20th) Supervisor Brandt DISCUSSION - TRAFFIC LIGHTS - QUAKER ROAD Deputy Supervisor Caimano-Referred to letter from Paul Dusek, Town Attorney to the Town Board members regarding the traffic lights on Quaker Road. It's important that we sign a contract in which we take over ownership of certain lights. There are 2 forms of this contract, we need to determine tonight which one we're going to have and get on with this. Attorney Dusek-Would like to explain some of my concerns to the Board. This began some time ago. The agreement that was developed by myself, I thought was consistent with the understanding that had been reached with the County. Maybe they don't feel that way, I don't know, I haven't been in touch with them. All I got in the mail was this agreement from the County, which is a one paragraph agreement. The concerns I have are several. First of all, the more significant complication is, their agreement does not cover the same traffic intersections and lights as my agreement, referring to page 2 of my agreement where there are several intersections identified. Their agreement identifies only 2. Another thing, in their agreement, they're turning over full responsibility of everything for the lights. The agreement that I drafted, there was an agreement that the County would pick up on major repairs while the Town would pick up on minor repairs. There was also provisions dealing with electricity and also a proposal as to this light out here, Blindrock and Haviland. So there's no comparison between the 2 agreements. I thought mine was the one that was representative of what we thought we were getting into, there's is very, very much different. Deputy Supervisor Caimano-Questioned whether the County has seen this? Attorney Dusek-Yes, this agreement was sent to them, my records show in August of 1991. Deputy Supervisor Caimano-Questioned their response, their comments? Attorney Dusek-I don't believe I've ever gotten a response back myself, maybe the Supervisor then, did, I'm not sure. Deputy Supervisor Caimano-Ifwe agree to this, we send it to them for their signature and they'll either agree or disagree? Attorney Dusek-Yes ... I believe mine addresses all the lights involved and I think it's a better contract as far as the Town is concerned. Deputy Supervisor Caimano-Would like to note that there's been question as to who owns the light at the intersection of Glenwood and Quaker Roads... when the planning board passed that approval for that subdivision, it was thought that that light was theirs'. Attorney Dusek-If you think that's a possibility, we need to research that record and make sure because we don't want to pick up ownership of something we don't... Deputy Supervisor Caimano-I think it is a possibility. I think they agreed to purchase the light, just as Shop'N Save purchased the light down the road ... I can't swear to it. Dave do you remember that? Dave Hatin, Director of Building & Codes-Part of the approval, they had to have the light installed and operating before they were granted a CO but I think they turned it over to the County because the guy from the County is the one who set it. Attorney Dusek-That's got to be checked out. This is the one at Glenwood and Quaker? Deputy Supervisor Caimano- Yes, Glenwood and Quaker. Councilman Monahan-Referred to Attorney's contract addressing the operation of those lights, operating in sequence. We've had some question as to whether or not those lights are working in the proper order. I read yours, it says that problem the County is to deal with. Attorney Dusek-Yes, that they were to test, examine and make initial adjustments to the progranuning. Deputy Supervisor Caimano-Initial, is the key word though. Attorney Dusek-But if they're not right, it seems to me, they ought to make them right. It says, will allow convenient and suitable traffic flow. So it seems like they've got to get them to a point where it's doing that and I guess, what I'm hearing, is that people don't feel they're working right. The other thing I might mention about our agreement, it does provide for indenmification by the County, where as their's does not, in the event that we have problems. Town Board held discussion regarding present problems and difficulties involving the different lights ... the lights operating out of sequence... noted in particular, the difficulty with the arrow lights at the intersections of Lafayette and Quaker and intersection of Glenwood and Quaker Roads. Attorney Dusek-My observation on that is this, when you have a specific problem that are of particular concern, the best way is to actually insert that into the agreement, that they will fix that in a certain fashion. If you're concerned, my suggestion is that you authorize an additional paragraph or whatever is necessary in this agreement to actually identify that as a problem and the method of correcting it that you want, so they know exactly what it is they've got to do. Town Board held further discussion, identifying specific problems and the following modifications were proposed ... MODIFICATIONS TO AGREEMENT WITH COUNTY Attorney Dusek, at the very end of that paragraph, add a sentence on that, that says, ... and more specifically the County agrees to adjust the light at Lafayette and Quaker to allow for a more steady flow of traffic through the intersection on a regular basis and adjust the light at Quaker and Glenwood to make sure that the arrow always comes on at a regular interval in the sequence. Town Board agreed and discussed further, a demand arrow... Attorney Dusek, so the language that would be added, would be that ... the demand arrow be adjusted so that it comes up on a regular sequence more frequently than it does now but still be on demand and that the light at Lafayette and Quaker also have a demand arrow. Town Board agreed and discussed further, sequence and timing... Attorney Dusek, what if you put in, ... and further to the extent possible, adjust the lights such that vehicles coming from Quaker onto Lafayette and Glenwood avoid a premature triggering of those lights, changing to the extent possible. Town Board agreed. Councilman Monahan, noted top of page 1, the date is August 1991, I'm assuming that would be changed to the current date. Attorney Dusek, yes. Councilman Caimano, also on the last page, Steve Borgos' name to be taken off. Town Board agreed and the following resolution was proposed. RESOLUTION AUTHORIZING AGREEMENT WITH COUNTY RESOLUTION NO. 261, 92, Introduced by Mrs. Susan Goetz who moved for it's adoption, seconded by Mr. Pliney Tucker. WHEREAS, the County has requested and the Town also desires to enter into an agreement concerning traffic signals located on Quaker Road in the Town of Queensbury and also a traffic signal located at the intersection of Bay and Haviland Roads, and WHEREAS, the Town Board has considered the fact that there was an agreement previously drafted by the Town Attorney and also has considered the proposed agreement presented by the County, and WHEREAS, after due consideration of both agreements the Town feels that the Town Attorney's agreement as modified at this meeting is the type of agreement it would like to enter into with the County, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to present the agreement as modified to the County and execute the same if agreeable with the County provided that a determination is first made that the light at Glenwood and Quaker is in fact owned by the County, if it is not owned by the County, the agreement should not be signed and the matter should be revisited by the Town Board before any agreements are executed. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None Discussion - Assessor's Reval Proposals Helen Otte, Town Assessor Michael Swan, Warren County Director of Real Property Tax Services Ms. Otte-Noted that in the last three days she has been checking references, work job experience of contractors, interviewed last week. Has checked not only qualifications and performance of contractors, but also has checked into the scope of the project. Recommended one contractor to do the residential and the commercial part of the project, strongly recommended close monitoring of the contractor. Has recommended a performance bond to be posted by the contractor. Mr. Swan-Noted that the performance bond is usually for the total amount of the contract. Councilman Goetz-Asked what was meant by close monitoring? Ms. Otte-Stated that the product that you achieve in a revaluation with a contractor is directly proportional to the amount of input that the local assessor has and the amount of expertise that the local assessor can exert over the contractor. Recommended to the Board the Cole, Layer, Trumble Company to do both parts of the project, the 8,000 residential and 400 commercial properties. Councilman Tucker-Asked what would happen to the work that has been done by the contractor around the shore of Lake George? Ms. Otte-Noted she would like to recommend the same individuals to do the field review on the values of the 950 properties around Lake George. Councilman Monahan-Noted that several residents in North Queensbury have requested the desire to have the inside of the property visited. Deputy Supervisor Caimano-Asked the final amount of the proposal by Cole, Layer, Trumble? Ms. Otte-On 8,000 residential parcels, the number per parcel was $6.85 for a total of $54,800.00. On commercial properties, approximately 450, the price per parcel is $38.67 for a total of $17,400.00. Deputy Supervisor Caimano-Asked if this figure was going to be reduced by what's already been done by Hill Pierce? Ms. Otte-Stated no. Deputy Supervisor Caimano-Asked if the total amount was going to be $72,200.00 plus what has been done by Hill Pierce? MS.Otte-Yes. Noted if Hill Pierce was hired to do field review in the future, then it would be at $10.00 per parcel for the 950 parcels. Noted the total would be $9,500.00 plus $72,200.00, plus what was expended last year. Councilman Tucker-Asked what amount was spent before? Ms. Otte-Stated she believes it was around $23,000.00. It was the decision of the Town Board to go with the recommendation of Ms. Otte. RESOLUTION AUTHORIZING CONTRACT WITH COLE, LAYER, TRUMBLE COMPANY RESOLUTION NO. 262, 92, Introduced by Mr. Nick Caimano who moved for it's adoption, seconded by Mrs. Susan Goetz. WHEREAS, the Town Board of the Town of Queensbury through the Town Assessor's Office is currently preparing for a revaluation of property within the Town of Queensbury, and WHEREAS, as part of that preparation the Town Board solicited through the Assessor's Office request for proposals from various revaluation companies, and WHEREAS, four companies submitted bids, and WHEREAS, the Town Board has considered the bids and considered the recommendations of the Town Assessor, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury after giving due consideration to the matter hereby determines that Cole, Layer, Trumble should be the entity or corporation performing the revaluation for the Town and hereby further authorizes the Town Supervisor to execute a contract with Cole, Layer, Trumble, the contract to have such terms and provisions and be in the form to be approved by the Town Attorney and to additionally contain terms similar to the requests for proposal that was sent out and also include the terms and provisions that have been recommended by the Town Assessor this evening as well as any other provisions that may come to the attention of the Town Attorney, and BE IT FURTHER RESOLVED, that the contract shall be paid for from the Revaluation Account. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: Mr. Tucker ABSENT: None Discussion Held Ms. Otte-Questioned the Board about the hiring of Hill Pierce to do the properties around the lake. It was the decision of the Board to look into this matter further. COMMUNICATIONS Petition - Bedford Close, condition of roads - on file DISCUSSION HELD Councilman Monahan-Noted she has talked to Joan Robinson about the workshop that is going to be held regarding the Lake George Park Commission Stormwater Regulations. Mrs. Robinson has offered to have Tom Wardell their engineer attend the meeting if the Board is agreeable to this. Supervisor Brandt-Noted he has communicated with the Town Attorney and the Attorney for the Lake George Park Commission. Stated that due to the reorganization of the Zoning and Planning Departments the Town is not in a good position to spend a lot of time on this particular project... Supervisor Brandt has suggested that they put this off until the reorganization of these departments is done. Noted that a meeting is scheduled with the Lake George Park Commission. It was the decision to wait until after this meeting to make a decision. Councilman Goetz-Spoke to the Board about the meeting that was held with the Glens Falls Transportation Authority. Noted they are in the process of having a review of their services within the system. Noted if Town Board members have any needs within their wards they should make suggestions to her or Councilman Monahan....Councilman Goetz asked the status of the communication that was received in April by the Beautification Committee asking about the quasi architectural review. It was the decision of the Board to turn this matter over to the new zoning committee... Councilman Goetz noted that Peter Cartier's term is up on the Planning Board...Town Board to interview the two new applicants and add their names to the list that they already have...Councilman Goetz noted that a term is up on the Recreation Commission, asked Kathleen Kathe to contact Harry Hansen regarding this matter...Councilman Goetz asked the Town Attorney about the status on the Local Law setting the number of positions on the Zoning Board Appeals...Town Attorney noted that he is still working on this. DISCUSSION HELD Supervisor Brandt -One of the things that we talked about just before we left, we had talked to Edwards, Williams, McManus, Ricciardelli about an audit proposal. I see that we got a letter on that. I would like to make a resolution to hire, I've read this letter as we are in this meeting, I think this proposal was to ask for a management control audit of the Water Department. I think that was the terminology that we used. The letter defines what they would do and the fees. I would like to propose a resolution to accept this audit and to start it immediately, if the other Board members are agreeable. Councilman Monahan-Mike, I think that's fine. I just think you should put an upset figure in there. I would suggest that we make that a little higher than what's in there. Deputy Supervisor Caimano-I'm surprised it's as low as it is. Councilman Monahan-I would add another thousand to that. Supervisor Brandt-Let's go $5,000.00. The fee was shown a maximum of four, but authorize up to $5,000.00. It's an hourly charge, it's not fixed. But it's also understood that it will be reviewed by the Board and the auditors, several times through the process to see how we're doing, what we're getting, what we're learning, and whether we should continue or not continue. Deputy Supervisor Caimano-Part of the way, it's cost-savings here, too. I don't know if you were here, you had gone, Carol Green called and asked if she could use people like Kathleen to help along the way because Kathleen was familiar with it and that way, we would hold the cost down of this audit. Supervisor Brandt - I guess flat out, I'm danm concerned and I think other Board members are of some of the things we're seeing with our Water Department. I think we basically want some help in really looking at how it's running and finding out why it's running the way it's running. There are a lot of things that I don't like and what I see, I think other members feel the same way. I think this is a quick, smart answer. It was really Nick's proposal to get it in control in a hurry. Let's find out what's going on. If you could form us a resolution, I would like to offer it. RESOLUTION RETAINING THE SERVICES OF EDWARDS, WILLIAMS, MCMANUS, RICCIARDELLI AND COFFEY, P.C. RESOLUTION NO. 263, 92, Introduced by Mr. Michel Brandt who moved for it's adoption, seconded by Mr. Nick Caimano. WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Edwards, Williams, McManus, Ricciardelli and Coffey, P.C., to perform a review of the procedures in place at the Queensbury Water and Sewer Departments, and WHEREAS, a proposal dated April 30th has been presented to this Town Board, and WHEREAS, the Town Board has considered the proposal, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury authorizes the Town Supervisor to execute the proposal as written with the exception that the fee range shall be such that it will not surpass $5,000.00 dollars without further approval of the Town Board, and BE IT FURTHER RESOLVED, that the payment for the contract or letter form agreement shall be from the proper account to be determined by the Town Supervisor working with the Director of Accounting Services. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION HELD Councilman Tucker-Has received a letter from Queensbury High School Environmental Science Club requesting to adopt a highway. Noted they have adopted Aviation Road and Potter Roads under the direction of James Coughlin. Has requested to Town Board members that they be able to dump their trash free of charge at the landfill. Town Board-Agreeable to this. RESOLUTION WAIVING LANDFILL FEES FOR NOT-FOR-PROFIT ORGANIZATION GROUPS RESOLUTION NO. 264, 92, Introduced by the Entire Town Board. RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Landfill Superintendent to waive the fees that would normally be charged to groups, not-for-profit organization groups that have sponsored a cleanup along municipally owned highways in the Town of Queensbury to deliver the waste to the landfill to be disposed of where ever the Superintendent deems appropriate. Duly adopted this 4th day of May, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None DISCUSSION HELD Councilman Tucker-Has received a request from Jim Coughlin to repair a wall at the Transfer Station on Luzerne Road at a cost of $2)00.00. Noted, the same contractor that did the previous wall, has submitted a proposal for this. Attorney Dusek-Questioned Jim Coughlin about obtaining alternative proposals? Mr. Coughlin-Stated that he did. RESOLUTION ACCEPTING BID RESOLUTION NO. 265, 92, Introduced by Mr. Pliney Tucker who moved for it's adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Landfill Superintendent has recommended that the wall at the Transfer Station at Luzerne Road be repaired, and WHEREAS, the Landfill Superintendent has indicated that he has requested three proposals and that he has reviewed each of the proposals and has recommended that the Town Board consider Horning Construction Company to do the repair at a sum of $2)00.00 dollars, second lowest bidder and the Town Landfill Superintendent notes for the record that the previous repair has been done by the same contractor and the work performed has been satisfactory, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates that is appropriate to go with Horning Construction to do the repairs to the wall at a sum not to exceed $2)00.00 dollars, the cost of which to be paid for from the Landfill Contractual Account # 9108160.4400. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION HELD AFTER VOTE Attorney Dusek-Asked Mr. Coughlin if there was a reason for not going with the lowest bidder? Mr. Coughlin-Noted that his bid was very low for the time frame. Attorney Dusek-Asked if he felt that the low bidder wouldn't be able to do this. Mr. Coughlin-Yes. DISCUSSION HELD Councilman Tucker-Spoke to the Board about a water problem on Luzerne Road. Noted that a gentlemen on Luzerne Road had problems with his water. He was hooked up to Town water on April 8th, at that time he questioned what time the meters were read. On April 12th, he was billed $17.00. Asked the Town Board if a resolution could be passed waving this charge? Attorney Dusek-Recommended that this matter be studied first. Councilman Tucker-Spoke to the Board about a water problem on Ryan Avenue. Noted a gentlemen is building two houses at the end of Ryan Avenue in the West Glens Falls Water District...Noted the water line lacks thirty feet coming to his property... The Water Department wants to extend the line to the end of Ryan Avenue and put a hydrant on it so they can flush the line because it's stagnate, which would bring it to his property line...noted if this is done they would be outside the water district.. Councilman Tucker noted that this gentlemen would like to be in the water district. Attorney Dusek-Noted that to do this legally you would have to follow the procedures to extend the district...Attorney Dusek suggested that if the City is supplying maybe the City would have some authority to contract outside the district..To check into this. Councilman Goetz-Questioned the status on the consultant for utilities? Attorney Dusek -Noted that there is another person that would like to come in and talk to Board members regarding this. Attorney Dusek-Spoke to the Town Board regarding the comparable health insurance coverage. Has received some recommendations from Councilman Goetz regarding changes to form. Asked Board members if they want to proceed with this. Town Board-Yes. Attorney Dusek-Noted the following changes. Number 7, a deductible under the insurance plan. Recommendation would be: I have a deductible under the insurance plan in the amount of blank for hospitalization (if applicable) and in the amount of blank for major medical (if applicable)...Attorney Dusek noted the other recommendation is that there is a statement in the form that they understand that there could be different plans in effect. That they understand that applications could be denied in the future if they get out of the insurance program now and want to get back in later...Noted it should say join or rejoin. RESOLUTION AUTHORIZING USE OF HEALTH INSURANCE WAIVER FORM RESOLUTION NO. 266, 92, Introduced by Mr. Pliney Tucker who moved for it's adoption, seconded by Mr. Nick Caimano. RESOLVED, that the Town Board of the Town of Queensbury hereby indicates it's approval of the use of the Health Insurance Waiver Form that was previously presented to the Board Members as modified at this meeting and also the questionnaire on Information On Comparable Health Insurance Coverage. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None DISCUSSION HOVEY POND Deputy Supervisor Caimano-I have only one thing. We're going to move along here a little bit on this Hovey Pond. A question has come up and I don't know where to ask it, so I'll guess I'll ask it here. We have been offered the use of a bucket and a bulldozer to begin work, thus we had a meeting last week. The question is, are we going to catch up with a plan so that the operator of the bucket and dozer aren't sitting along the edges of Hovey Pond waiting for somebody to tell them what to do? I don't know the answer to that. Councilman Monahan-It's my understanding that the technician that we are hiring, has the ability to at least start directing, that word verbally. Deputy Supervisor Caimano- That's what I understand too. But then today, I was led to understand it may not be the case. Councilman Monahan-You've got further information than I had. Supervisor Brandt-I met with him, I don't remember the date, but early last week and he does have that ability. I don't know if he's ready to lead it right now. A simple phone call would tell us. Deputy Supervisor Caimano-Mr. Maine said, we were shooting for a Wednesday start and we have that start, so somebody has to call tomorrow and make sure they're going to be working. Councilman Goetz-Well, Harry Hansen is in charge of this isn't he? Deputy Supervisor Caimano-I assume. Councilman Goetz-So, I think that he should be doing it. I think it's very important that we don't go in there until we know what the plan is, so we aren't victims of the same thing. Supervisor Brandt-I think there are some things we could start. ECON, on the site, when we were there with them, approved certain work without permits that we could go ahead and start. I think we could find plenty work to keep them going, however, I'm out of Town tomorrow. Deputy Supervisor Caimano-Can you contact Harry tomorrow and keep the ball rolling? Councilman Goetz-I saw him today and he had some reservations about starting until he new exactly what... Deputy Supervisor Caimano-Harry has reservations about starting anything. We had a discussion on Thursday night with Mr. Maine. On Friday, we had a rush meeting in which we all had to make sure we were there at 4:30, so that we could spend the money to hire this technician because Wednesday was the day we were going to start. Now, would you do me a favor? Councilman Goetz-Yes. Deputy Supervisor Caimano- Will you tell Mr. Hansen to get off his duff and get the thing started. Councilman Monahan-I would almost suggest that the communication be direct from a board member to Charlie Maine that this board is ready to proceed. I think that Charlie and the technician were there and I think the less people involved the better. Nick, I would suggest a member of the board call Charlie Maine and say we're ready. Deputy Supervisor Caimano-Sue, please. Councilman Goetz-Okay, I'll call him tomorrow. DISCUSSION DRAINAGE SITUATION ON RESERVOIR DRIVE Attorney Dusek-Noted a drainage situation on Reservoir Drive involving Mr. Daigle. Mr. Daigle has requested copies of the two engineering reports that are on file. Asked the Town Board permission to give Mr. Daigle copies of the two engineering reports. Town Board-Noted they have no problem with this. Attorney Dusek-Spoke to the Board regarding a Seminar being sponsored by the Adirondack Chamber of Commerce on the American's Disabilities Act ... Attorney Dusek has spoken with Kathleen Kathe about attending the seminar. Asked the Board if they wanted them to attend? Town Board Agreed ... Attorney Dusek and Kathleen Kathe, both to attend seminar. OPEN FORUM 8:20 P.M. Anthony Meresko-20 Sweetbriar Lane, Queensbury. Spoke to the Board regarding a parcel of property that he has been maintaining for the past six years that is adjacent to his property and his neighbors. Noted that it was originally a Town Road and the developer has put a house behind it so the road isn't going to go anywhere. Mr. Mersko would like to have the road declared not a town road. Attorney Dusek-Noted that he is aware of this situation and he has been researching ways to try to solve this problem. Asked to have a little more time to see if he can put something together, board agreed. Albert Karo-42 Wintergreen Road, Queensbury. Speaking on behalf of neighbors in his neighborhood. Requested a three way stop sign at the intersection of Wintergreen Road where Peggy Ann Road and Old Forge Road meet. Noted that this is a dangerous intersection due to the blind spot in the road. Stan McFee-Old Forge Road, Queensbury. Requested a three way stop sign at the intersection of Wintergreen Road where Peggy Ann Road and Old Forge Road meet. Councilman Tucker-Noted he will contact Paul Naylor, Superintendent of Highways regarding this matter. Chester Beagle and Jim Behan-Spoke to the Town Board regarding the French Mountain Lumber Company. Stated they are running a new venture at this property. Noted their concern about the noise level from machines at the site. Stated that they are still running machines seven days a week until 3:30 in the morning and that this is waking them up in the middle of the night. Stated he has been working with Dave Hatin, Director of Code Enforcement regarding the situation. Attorney Dusek-Stated this was turned over to his office by Dave Hatin for an opinion as to whether or not there is a zoning violation regarding this matter. Dave Hatin, Director of Building and Code Enforcement-Noted that he has been up there at the site to talk to them about the noise level. Councilman Monahan-Suggested that Mr. Hatin visit the site again, noting to them about the complaints that have been received. Attorney Dusek-Stated he will try to have an answer by next Monday for the Board on this matter. Francis and Carol Martindale-Presented petition to the Town Board. Spoke to the Board regarding the decision of the Zoning Board of Appeals meeting that they attended regarding the selling of their vegetables in Queensbury. Noted that the Zoning Board's decision was that they could not bring in vegetables or sap from their farm. Supervisor Brandt -Stated that this particular law is presently being considered for revision until that time the law will not be enforced. Stated that they will turn this over to the new committee on zoning. OPEN FORUM CLOSED RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 267, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on May 4th, 1992 numbering 92-182300 through 92-199600 and totaling $152,957.91, and BE IT FURTHER RESOLVED, that the voucher #92001963, Queensbury Wastewater Department, is to be held for authorization for release from the Supervisor. Duly adopted this 4th day of May, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano (Vendor #00127, G.F. Newspapers) Mrs. Goetz (Vendor #00275, Ray Supply Inc.) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 268, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter Executive Session to discuss one personnel matter. Duly adopted this 4th day of May, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 269, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enter Regular Session of the Town Board. Duly adopted this 4th day of May, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: Noes ABSENT: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk, Town of Queensbury