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1992-09-28 REGULAR TOWN BOARD MEETING SEPTEMBER 28, 1992 7:04 P.M. MTG#94 RES#521-535 BH #23 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Mike Shaw, Ralph VanDusen, Kathleen Kathe PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 521, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters into Queensbury Board of Health. Duly adopted this 28th day of September, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING MCGOVERN & FURLONG SEPTIC VARIANCE PUBLIC HEARING OPENED NOTICE SHOWN Councilman Goetz-We have a letter from David Hatin asking us to table this because they have an application before the Zoning Board. Supervisor Brandt-We might as well hold the public hearing. Is there someone hear to speak to us on the septic variance? This is a public hearing is there anyone here to speak on it? It is our understanding to not do anything with this matter at this time because it will probably be going to the Zoning Board of Appeals next and depending on what they do this matter will come back to us to act, it may come back to us it may not. Anyone to speak on it, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO. 23, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Queensbury Town Board. Duly adopted this 28th day of September, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None QUEENSBURY TOWN BOARD PUBLIC HEARINGS SEWER VARIANCE APPLICATIONS - BLAKE, MARTENS, SUTTON/(BACKON), MIHINDU & MAIN JOSEPH C. MININDU SEWER VARIANCE PUBLIC HEARING OPENED NOTICE SHOWN Supervisor Brandt-Is there anyone here to speak on this matter? Councilman Tucker-I have a question. Mike, is there three estimates? Mike Shaw, Wastewater Director-There are not three estimates because these were filed when the public hearing was set prior to that recent change, okay. Councilman Tucker-This guy has got an estimate of $3,500.00 that's about $1,400.00 or $1,500.00 more than everybody else has been paying. Mike Shaw-That's right through a registered plumber, I understand that. That could be very close because he has a couple of circumstances in there that is going to make his connection more...than everybody else. Councilman Caimano-Before we go any further can I ask a question here? These are listed as public hearings, but all of these had a public hearing on September 14th. Councilman Monahan-That's the date we set the public hearing. Councilman Caimano-It says the 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 of September 14th. I know what you said, I'm just saying. Attorney Dusek-That's an error, it should have been the 28th. Councilman Caimano- Thank you. Supervisor Brandt-Mike, you want to tell us about this one. Mr. Shaw-Well, basically I have not made any recommendations on this gentlemen. Apparently from the way, I read this you have the same application I have it looks like he's claiming it's beyond his expense. I have no way to determine if he could afford it or not. The statement of the septic system currently working is in adjacent lot and should work for at least three or four more years we find no reason not to believe that. Councilman Goetz-I don't think it qualifies for a variance myself. It's right in the middle of where everybody else is hooked up. Mr. Shaw-As far as people in that area, I had a few people in that area express their concerns to me and I'm surprised nobody is here tonight. They actually feel this gentlemen should be hooking up because people in that area have complied and spent the money and certainly they feel that Dr. Mihindu certainly could afford it. Councilman Monahan-Mike, when you talked to other people in the area did they say how much it's cost them to connect up their system? Mr. Shaw-On Garrison Road some people were in the $3,000.00 range. Councilman Monahan-Is the problem the high water table or is there rock there or what? Mr. Shaw-Where Mr. Mihindu is possible not extremely, but there is a possible high water table. I guess he has some plumbing fixtures downstairs that the...has separated from what I understand and would make his connection quite a bit lower than everybody else. Councilman Monahan-But, that is not due to the physical character of the property then. I mean what he's got inside his house, I don't see as really our concern. We're only concerned with what's outside that would be making like the physical obstructions or that type of thing. Mr. Shaw-I'm not aware of any of that. Councilman Monahan-He really didn't state any. I would say frankly, I don't know how everybody else feels, but before I consider this further I would want him to get a couple more estimates. Councilman Tucker-I want him to hookup. Councilman Goetz-I want him to hookup. Councilman Monahan-Or hookup one way or the other. Councilman Caimano-I'll move that we disapprove the variance. Councilman Goetz-I'll second it. Supervisor Brandt-Motion made and seconded, any discussion? Is it proper while we're having a public hearing to move these one at a time. Attorney Dusek -You should technically close the public hearing then the motion is proper. Supervisor Brandt-Is there anyone else to speak on this application? I'm going to close the public hearing and accept your motion and second. PUBLIC HEARING CLOSED RESOLUTION DISAPPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR DR. JOSEPH C. MIHINDU RESOLUTION NO. 522, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz Councilman Caimano-I'll move that we disapprove the variance. Councilman Goetz-I'll second it. Supervisor Brandt-I'm going to close the public hearing and accept your motion and second. Any further discussion. Duly adopted this 28th day of September, 1992, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None EST ATE OF ELEANOR BACKON - SEWER VARIANCE PUBLIC HEARING OPENED NOTICE SHOWN Town Clerk, Dougher-I have a letter from the family of Eleanor Backon. Town Clerk read the following letter. I received your communication regarding the notice of a public hearing in conjunction with a request for a waiver or variance of sewer connection requirements. Neither my sister nor I can attend this hearing. However, I am requesting you consider the circumstances which handicapped my mother from connecting into the Town of Queensbury Sewer System for 337 Ridge Street. Although I am not present, I know you will inform us of your decision knowing the Town Board of Queensbury will act in the best interests and fairness of all concerned. Many thanks for your cooperation. Judith Martens, co-executrix Estate of Eleanor S. Backon Councilman Goetz-I have received a letter on the subject should I read that into the record. Town Clerk, Dougher-Yes. Councilman Goetz-This is from Barbara Pallozzi, 341 Ridge Road. As I will not be able to attend the September 28, 1992 public hearing concerning a variance for sewer connection at 337 Ridge Road, I ask that the Town Board consider the following: Prior to installation of any sewer connections for Eleanor Backon's properties at 333,335,337 and 339 Ridge Road, the contractor recommended the installation of a larger pipe running up the driveway between her properties, and then to connect each house into that larger pipe. Mrs. Backon declined to follow the recommendations of her contractor. After sale of 335 Ridge Road, and at about the same time as connections were being made to 333 and 339 Ridge Road, Mrs. Backon sought to use my premises for excavation and/or installation of a sewer for 337 Ridge Road. We were advised that our property "should" be restored to its original condition, but no guarantees were offered that our property "would" be restored to its original condition. In light of her refusal to guarantee restoration, we refused to allow the use of any portion of our premises for a sewer connection to the Backon property. Additionally, this particular property is in very poor physical condition and the house is situated on an exceptionally small lot --only 7000 square feet. As at least one of the Backon properties had raw sewage in its basement. I would ask that the Town Board not even consider a variance for this property unless and until it can be proven that its septic system is in proper working order and that no portion of that system is leaching onto any adjoining property. Supervisor Brandt-Is there anyone here to speak on this situation? Councilman Caimano-Mike do you have anything? Mr. Shaw-Not really. What she is stating just so you understand Eleanor Backon used to own four houses there, two which set behind each other, one has been previously sold that sets behind. She is apparently looking for a variance for the house that she still owns set behind the other house. Councilman Monahan-Mike aren't we still right back, I remember when Ron Montesi was a Councilman from that area he investigated it very thoroughly so if I'm incorrect in my remembrance please correct me. But, every time that she came to try and get a variance we said you control both of those properties you can do this and she was using non-valid arguments because she was the owner of both of them so she is the one who has really created the hardship on herself. Councilman Goetz-Ron is here, Ron do you remember anything about this can you tell us about this. Ronald Montesi, Queensbury-We weren't very popular with Mrs. Backon. Councilman Goetz-I remember that. Mr. Montesi-She originally sold one house the first offour. When she sold that house it was something with the water, I remember they had to run a water line and she wouldn't allow them to run a water line down the backside of the property it had to go down the driveway. It got very very complicated and she got very very hard nose about it, but I think what Mrs. Monahan said is true that all of the things she was using as an argument were in her control she still, I think the estate still owns the three homes. There was a very bad septic problem in one of the homes if you want to call it raw sewage there was in one of the basements. But, basically I really see no need for this variance it's something that has to be done. The final straw was that she didn't want to cut her driveway up that was the final one. We said, gee you have the right to go right down the middle of the driveway for all four or three homes and she said she would never cut her driveway up. It was a battle for about a year and a half. Councilman Tucker-Then the dog took over. Mr. Montesi-And then the dog came and then she got a lot of public sympathy with the dog. Supervisor Brandt-Anyone else that has any input for us? Then I'll accept the motion to close the pubic hearing on this matter. Attorney Dusek-It might be a good idea when you state your motion to disapprove or approve whatever the boards choice is just briefly state why it is. PUBLIC HEARING CLOSED RESOLUTION DISAPPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MS. JUDITH A. MARTENS AND MS. BELLE B. SUTTON, CO-EXECUTRICES OF THE ESTATE OF MS. ELEANOR S. BACKON RESOLUTION NO. 523, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz Councilman Caimano-I'll move the disapproval in that the applicant has not shown any reasons to grant the variance and that the applicant has not shown any hardship. Duly adopted this 28th day of September, 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-I think what your meaning to say is that it's self-created. Councilman Caimano-We can go on forever. Attorney Dusek-Okay. Councilman Monahan-Noted if there is still raw sewage in one of those buildings or if it's still creating it, think it's something the board has to look into. Mr. Shaw-Noted that currently all three house that she owns are vacant. Councilman Monahan-Noted that if they were vacant then nothing is being created. ROBERT BLAKE - SEWER VARIANCE PUBLIC HEARING OPENED NOTICE SHOWN Supervisor Brandt-Is there anyone here to speak on behalf of the Blake proposal, Mike can you fill us in. Mr. Shaw-Robert Blake he is the person who bought a house off of Eleanor Backon. Originally Eleanor Backon's estate was four, he bought a house in back of 337 Ridge, I believe. Ron briefly said that he had trouble with his water line and wanted to put a water line and have an easement for a sewer line from Eleanor because his water was in an immediate situation he used his sewer easement to put a water line down and because of health code it has to have a lO'separation there wasn't enough room to put a sewer line down that side of the house and Eleanor would not grant him another easement to go down the driveway. Councilman Tucker-Maybe her estate will this time. Mr. Shaw- I don't know if he has followed up on the estate to see if he could get the permission to go down the driveway. Supervisor Brandt-What size lot does he have and what kind of soils, what kind of system? Mr. Shaw-He is very high on Ridge Road, if you know where Eleanor Backon's property is. Councilman Goetz-It's near Brain Harrison's. Mr. Shaw-I would guess it's cobblestone type soil. He currently has a cess pool there now. Dave Hatin and I were on premises and he currently has a working cess pool. Supervisor Brandt-I'm not sure what a cess pool really is. Mr. Shaw-In today's standards you have a septic tank and then you have a leach field. A cess pool in the olden days there was no separation between septic tanks for solids and a leach field. Supervisor Brandt-It seems to be working? Mr. Shaw-It's working as far as we can determine. Nobody dug the thing up to prove it, but otherwise it was not visible... Councilman Goetz-Paul did you make any recommendations as to what we can give people, we can stipulate that until there septic system fails what was that all about? Attorney Dusek-I think and under the variance criteria set forth in the law if it's a permanent obstruction or if there are physical obstructions or there is distance of greater than 250' feet you can grant them a permanent variance. If, however, they've got a cost problem you could grant them a temporary variance up to two years and that maybe something you might want to consider here in light of the fact that maybe he could use the time to work with the estate and see if they could all resolve their problem together. Councilman Caimano-Except they did not ask for a variance due to cost, they asked for the same reason as the other property did. Since both of them have the same problem that they could have done this before, I don't see how we can approve this while we disapproved the other. Councilman Monahan-He couldn't have done it. Councilman Caimano- That's right he wasn't here. Councilman Monahan-Not only that, but he had to use his easement for the water line and he couldn't get the sewer easement. Paul, I have a question when I looked at these requirements here. Time extension not more than two years is that two years from the date they were given to hookup or is that two years from the date they apply for relief? Attorney Dusek-I think it's the date they apply for relief because it's possible to get extensions as well on that time. You don't have to go two years, I'm mean you could go six months, nine months. Supervisor Brandt-Right now he has no right away to put a sewer in. Councilman Monahan-Unless he can get one from the estate. I think maybe we ought to give him time enough to see if he can get one from the estate and then comeback. If he can't get one with a letter saying they won't give it to him, I mean a letter from the executors of the estate. Councilman Caimano-Do you care about that? Councilman Tucker-No. Mr. Montesi-Mike, they are going to have to share the same driveway all four homes. If you mandate that the three homes are not granted a variance you somehow should tie his denial if you will to the other, it's going to be cost effective if they have to run it down the driveway why not have a fourth guy to share that cost. Supervisor Brandt-Makes sense. Mr. Montesi -You can't exclude him if your going to make the other three do it. Councilman Monahan-Except we can't make him do something that he doesn't have control over. I mean we can only open the way and hope the executors of the estate will be cooperative. Mr. Shaw-Let me shed a little light on something that Ron just said. There is four parcels there, three of them are owned by the estate and one by Robert Blake. The two that are out in front are connected which are owned by Eleanor's estate and they are not connected through the driveway so what Ron is saying at this time would not be feasible. Councilman Monahan-What about these other two Mr. Blake's and the one that we just denied could they share the same sewer? Mr. Shaw-Certainly they can, I don't think the Town wants to get involved in people sharing the same sewer line on private property. Councilman Monahan-I'm not saying that. What I'm saying is that a matter of practicality could they share the same sewer line going up through. Mr. Shaw-As long as they agree upon it. Councilman Goetz-Don't you think he has to find out from the estate what he can do. Mr. Shaw-I would think we need to do that. Councilman Goetz-I think we should table it and give him some time. Councilman Monahan-He's got sixty days. We don't have to render a decision for sixty days and communicate with him. Councilman Tucker-Let me ask you a question ladies. Councilman Monahan-Yes, sir. Councilman Tucker-What happens if he doesn't get an okay from the estate and he's on a septic system and everybody else over there has got to get on the sewer what are you going to do then? Councilman Monahan-But, he has no way to get on the sewer unless he can get an easement from that estate. He actually physically as I understand it has no way to reach that sewer line the way the setup is there right now. Councilman Caimano- Is that right? Mr. Shaw-That's correct. Councilman Goetz-I just think we'll make our decision at that time that we find out about the easement. Councilman Tucker-He should of made the decision before we bought the house. Councilman Monahan-That maybe, but we had a lot of record out there available for sale. Supervisor Brandt -How could you tie a variance to the sale of a adjoining piece of property? Attorney Dusek-How could you tie... Supervisor Brandt-His variance to the sale of the other property that needs a sewer line? Councilman Monahan-What your saying that someway before that piece of property could be sold they would have to grant... Attorney Dusek-They could do it, but I don't know that there's anyway that we could mandate it. Except that they are going to be required to come up with a sewer hookup for that other house anyway. Supervisor Brandt -We could have ours expire at that time which would give them a hell of a lot of incentive to move in that direction wouldn't it? Attorney Dusek-The one house you didn't give them anything anyway. Supervisor Brandt-Right. Attorney Dusek-So they would have to hookup. Supervisor Brandt -So they've got to hookup and as they hookup this one expires. Councilman Monahan-But, if they still want to be miserable and not give them an easement he's out there with no recourse he doesn't have a recourse. In which, of course, a case of law, I can imagine what the verdict would be. Attorney Dusek-That was my original suggestion to you was you could consider like say, a six month to him which means at the end of six months he still has to hookup, but that gives him the time to deal with the estate and see if he can't work something out with the estate. Supervisor Brandt-How about considering that as a board. Councilman Monahan-You don't have to give him six months you can give him less. Councilman Goetz-We have sixty days. Councilman Caimano-We have a sixty day window we can leave the public hearing open. Councilman Monahan-Yeah. Councilman Caimano-Hold it off for sixty days and come back at it again and see what happens then. Councilman Monahan-But, in the mean time communicate with him with Mike or with Paul one or the other and communicate with him that he needs to try to get the easement from the estate. Mr. Shaw-The estate from what, I understand they are trying to sell it the people currently the executors of the estate are in Long Island and it's really getting to be a pain in the butt to travel back and forth. Councilman Monahan-But, now they know they've got to put the sewer line into that one house that they are trying to sell, the other two are in. At the same time hopefully he may have to give them a few bucks, he can get an easement from them we have to find out. Supervisor Brandt-How can we put this on our calendar so it comes back up in sixty days or so that we remember we have to do something with it. Councilman Caimano-Do you have a mechanism in which you can do that. Attorney Dusek-The Town Clerk can bring it back to your agenda. Councilman Caimano-And we don't need to do anything because we have the sixty day window. Councilman Monahan-Except communicate with the gentlemen. Councilman Caimano-I mean, we don't have to do anything. Attorney Dusek-I think, I would recommend you consider whether or not you want to leave the public hearing open or close it because if you leave it open we're going to have to renotify everybody the next time it comes up. If you close it then all we have to do is contact. Councilman Caimano- Mr. Blake. Attorney Dusek-Is that all you did on this anyway. Town Clerk, Dougher-Yes. Attorney Dusek-Okay, then I guess it doesn't really matter. Councilman Monahan-I think we ought to leave it open because we'll have new information coming in. Councilman Caimano-I think so too. Supervisor Brandt-We'll leave it opened. PUBLIC HEARING TO REMAIN OPENED BRUCE & HERMANETTE MAIN - SEWER VARIANCE PUBLIC HEARING OPENED NOTICE SHOWN Supervisor Brandt-I'll declare this public hearing opened. Is there anyone here to speak on this matter? Councilman Goetz-We had a letter, I think it came in today saying, that the Mains are going to be moving from the house due to ill health moving out of the area. Supervisor Brandt-Do you want to read that into the record. Councilman Goetz-This firm represents Christian Mattison a daughter of Mr. & Mrs. Main. Due to Mrs. Main's serious health problems which involved emergency hospitalization on at least four occasions in the last two months the Mains will be moving out of their long time residence and will live with Ms. Mattison in the Town of Mendon, New York. As a result of that move 31 Everts Avenue will be temporarily vacant it will be actively marketed for sale or lease. If those efforts are successful an immediate connection to the Town's sewer line will be scheduled. Until occupancy is arranged the premises will not cause any health hazards. Mr. & Mrs. Main are retired and live on a limited fixed income. Mrs. Main's recent difficulties has also added significantly to their cost. They are quite frankly, at this time unable to afford to pay the cost of a sewer connection their scheduled moving expenses and uninsured health care charges. Therefore, I ask that you delay any order directing sewer connection until such time as new occupancy or sale of the property can be arranged. It is signed, Richard S. Mayberry. Councilman Caimano-Can we tie the hookup to the sale? Attorney Dusek -You could grant an extension of time not to exceed two years, but said extension to expire upon the sale of the residence. Then that way as soon as the residence is sold that mean's they have to put in the sewer. Mr. Shaw-Or the failure of the septic system. The way that stands is if somebody occupies the house and is not sold... Attorney Dusek-Or keep it on contingent that it remain vacant too, because they said it's going to remain vacant, right? Councilman Goetz-Because there is a high water table there. Attorney Dusek-So if you make the contingency on the vacancy and then it has to be installed upon sale or lease or rental then you've got it. Supervisor Brandt-Is there anyone else here to speak on this matter? PUBLIC HEARING CLOSED RESOLUTION GRANTING EXTENSION FROM REQUIRED SEWER CONNECTIONS FOR BRUCE AND HERMANETTE MAIN RESOLUTION NO. 524, 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 grants a two year extension of time in which to hookup the residence to the sewer line provided, however, that in the event that the residence is sold or leased the hookup shall be immediately on such sale or lease and the remaining period of time if any shall expire at that time. Duly adopted this 28th day of September, 1992, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None PUBLIC HEARING - CLENDON BROOK WATER DISTRICT WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK PUBLIC HEARING OPENED NOTICE SHOWN Supervisor Brandt-I'll declare this public hearing opened, is there anyone to speak on it? Ralph, how about telling the public and us the details. Ralph VanDusen, Deputy Water Superintendent-Just very quickly. Clendon Brook Water District was formed as a separate district separate from the Queensbury Consolidated. The residents there are supplied water from the Queensbury District from the Treatment Plant on the Corinth Road. Traditionally our water districts have grown by these extensions or creation of new districts and they have their own bonds and financing for their installation of water mains. Typically when the tax rate in those districts has approached the tax rate of the Queensbury consolidated district that district is consolidated into the central district. The big advantages to the consolidated district one, the bookkeeping becomes a nightmare. Every time we do work on the distribution system records have to be kept as to where you are and what your working on. The cost of the paper work probably equals the revenue that the district receives from that. In addition to that when it's consolidated into the central district then that tax base is used to offset the capital charges that the district wide the consolidated district would see. I would recommend that we do consolidate at this time. Supervisor Brandt-Anyone else that would like to speak on this matter? I'll declare the public hearing closed. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING THE CONSOLIDATION OF THE CLENDON BROOK WATER DISTRICT WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO.: 525, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz 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 a Water District known and described as the Clendon Brook Water District, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held on September 28, 1992 on the subject matter of the proposal to consolidate the Clendon Brook Water District with the Queensbury Consolidated Water District, pursuant to Section 206 of the Town Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines upon the evidence given at the public hearing that it is in the public interest that both districts as described above be consolidated, and that the resulting Consolidated Water District be known as the Queensbury Consolidated Water District, and that all property of the Clendon Brook Water District and of the currently existing Queensbury Consolidated Water District, become the property of the new Queensbury Consolidated Water District, and that the new Consolidated Water District 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 the Town Board hereby determines that it is in the public interest to consolidate the district, and that it is in the public interest that future assessments of all costs of operation, maintenance, and improvements of such Queensbury Consolidated Water District, and Clendon Brook Water District, including any such costs that were formally assessable by law, upon the taxable real property in the aforesaid Districts, be assessed upon the taxable property in the new Queensbury Consolidated Water District, and BE IT FURTHER, RESOLVED, that the Town Board hereby orders and directs the consolidation of the Water Districts as determined to be in the public interest, and orders and directs that there be annually be assessed upon all taxable real property in such new Queensbury Consolidated Water District amounts sufficient to pay the principal and interest of all such Consolidated Districts outstanding indebtedness, including the aforesaid indebtedness of the Clendon Brook Water District, and the currently existing Queensbury Consolidated Water District, and BE IT FURTHER, RESOLVED, that if there are any Office of Commissioners provided for in any of the districts, the offices shall be abolished upon the effective date of the aforedescribed consolidation, and BE IT FURTHER, RESOLVED, that in accordance with Section 206, Subdivision 4 of the Town Law, the Town Clerk is hereby directed to publish and post notice of this resolution within ten (10) days after the adoption of this resolution, and BE IT FURTHER, RESOLVED, that this resolution shall be subject to a permissive referendum as provided by Section 206 of the Town Law, and shall not take effect until thirty (30) days after its adoption nor until approved by the affirmative vote of a majority of the qualified electors of such districts voting upon such proposition if within 30 days after its adoption there be filed with the Town a petition in accordance with Town Law ~206. Duly adopted this 28th day of September, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 526, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of September 14th, 21st, and 23rd, 1992, and BE IT FURTHER RESOLVED, that minutes of September lOth, 1992, are hereby amended to include the following additions. Motion of the creation of the position of second planner and Presentation by O'Brien and Gere relative to water rate study and study of Water Plant Operation, Tony Geiss Jr., Managing Engineer and Michael 1. Staffopoulos, Design Engineer present. Duly adopted this 28th day of September, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent:None At a Meeting of the Town Board of the Town of Queensbury, held at the Queensbury Activities Center, 531 Bay Road, Queens-bury, New York, on the 28th day of September, 1992. PRESENT: Supervisor Brandt, Councilman Monahan, Councilman Caimano, Councilman Tucker Goetz, Councilman ABSENT: None RESOLUTION NO. 527,92 WHEREAS, the Town Board of the Town of Queensbury has heretofore formed the Hiland Park Sewer District; and WHEREAS, the Town Board of the Town of Queensbury, working through the Superintendent of Waste Water, the Assessor's Office, and the Town Attorney's Office, has developed a Benefit Tax Roll for the said Hiland Park District; and WHEREAS, the expense of constructing sewage facilities for said Hiland Park Sewer District, is to be borne by local assessment upon the several lots and parcels of land within said area is a Town Function; and WHEREAS, an estimate of expense of the improvement and Benefit Assessment Roll for the Hiland Park Sewer District in the Town of Queensbury, Warren County, New York, has been prepared; and WHEREAS, the expense of said sewer district area is to be assessed in proportion to the amount of benefits derived from the improvement area pursuant to Section 202 of the Town Law of the State of New York; and WHEREAS, the assessment roll for the said sewer improvement area has been prepared and describes each lot or parcel of land contained within the said sewer improvement area and shows the names of the reputed owner or owners thereof and the aggregate amount of assessment to be levied upon each such lot or parcel of land; and NOW, THEREFORE, IT IS ORDERED, RESOLVED, and DETERMINED, that the Town Board of the Town of Queensbury authorizes and directs the Superintendent of Waste Water to file the proposed Benefit Tax Roll, the same being presented at this meeting, with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, ORDERED, RESOLVED, and DETERMINED, that a public hearing, pursuant to the provisions of the Town Law of the State of New York, shall be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 19th day of October, 1992 at 7:00 p.rn., to hear all persons interested in relation to the aforesaid estimates and assessment roll and to hear and consider any objections to the aforesaid assessment roll and to take such other action on the part of the Town Board as may be required by law or proper in the premises. The foregoing resolution was offered by Councilperson Nick Caimano and seconded by Supervisor Michel Brandt and adopted by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None DATED: September 28th, 1992 RESOLUTION TO REAPPOINT MEMBER TO PLANNING BOARD RESOLUTION NO. 528, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury has previously established the Planning Board, and WHEREAS, the term of Planning Board member Craig MacEwan will expire on September 30, 1992 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Craig MacEwan to the Planning Board for a seven year term, said term to expire on September 30, 1999. Duly adopted this 28th, day of September, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None RESOLUTION APPOINTING MEMBERS TO ETHICS ADVISORY COUNCIL RESOLUTION NO.: 529, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, adopted Local Law No.8, 1992, entitled, "Ethics and Disclosure Law," and WHEREAS, the aforesaid Local Law provides for a Code of Ethics and for an Ethics Advisory Council consisting of five members, each appointed by unanimous vote of the Town Board, and WHEREAS, the aforesaid Local Law also provides that members of the Ethics Advisory Council will serve a term of four years, except, however, two of the original appointees will serve an initial term of two years, and WHEREAS, there is now presented to the Town Board of the Town of Queensbury, a list of interested persons for service on the aforesaid Ethics Advisory Council, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Guy Visk and Ms. Marilyn Miller, each to serve an initial term of two years on the Ethics Advisory Council, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. David St. Germain, Mr. John Burch, and Ms. Helen Stern, to serve an initial term of four years on the aforesaid Ethics Advisory Council, and BE IT FURTHER, RESOLVED, that each of the above-appointed persons shall be required to file an Ethics and Disclosure Statement within 30 days of the date of this resolution, and said persons shall also file within said 30 day time period, an Ethics and Disclosure Law Review Forrn. Duly adopted this 28th day of September, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION OF APPOINTMENT RESOLUTION NO. 530, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury has previously created the position of Executive Director of Planning, Zoning and Code Enforcement, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints James M. Martin to such position, effective October 12, 1992, and BE IT FURTHER RESOLVED, that Mr. Martin will serve provisionally until such time as the position of Executive Director receives the required approvals from Civil Service and until such time that the Town may make a permanent appointment subject to probation to the position, and BE IT FURTHER RESOLVED, that once the position of Executive Director receives Civil Service approval, should Mr. Martin qualify he will be eligible for permanent appointment subject to a period of probation which probation period shall be for a period of six months and which probation period shall be credited with the time the position is held provisionally unless the Town Board shall, by further Resolution, provide otherwise, which Resolution may, among other things, lengthen or shorten the probationary period, and BE IT FURTHER RESOLVED, that Mr. Martin, during his provisional period, will be paid an annual salary at the rate of $38,000 prorated; and upon successful completion of the probationary term, Mr. Martin will be paid an annual salary of $40,000. Duly adopted this 28th day of September, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Discussion Held on the vacancy of Chairman of the Planning Board. It was noted that Vice Chairman, Ed LaPointe will act on behalf of the Chairman until the position has been filled. DISCUSSION HELD INSPIRATION PARK Charles Adams-Spoke to the Town Board regarding Inspiration Park. Noted that they had made a request about three weeks ago to the Town Board to consider the proposal to allow them to build residential dwellings concurrently with building the roads in Inspiration Park. Had asked upon the basis that this is a project that is basically a done deal, not a speculative project and is fully bonded for the entire completion of the entire project. Requested that buildings permits be allowed to be issued so construction could begin on these homes, not asking for certificates of occupancy to be issued on these homes. Noted that the Town Board has considered this request and recommended that it go to the Planning Board on the recommendation of the Town Attorney, who pointed out that Planning Board approval was required in such a request on the basis of three issues. At the Planning Board meeting the Planning Board was advised by the Town Attorney that it was in their discretion as to whether or not to approve this proposal of accepting a bond as insurance of completion of the infrastructure portion of the project. It was in the discretion of the Planning Board to approve such a proposal with respect of whether or not it was policy suitable for the Town. The second thing in their discretion is whether or not the amount of the bond was suitable. The third thing in their discretion was whether or not the term of the bond was suitable for the Town's best interest. After discussion the Planning Board passed a resolution which subject to confirmation by Mr. Naylor, perhaps others having to do with dollars and estimate amounts, on the infrastructure, recommended that the proposal be accepted and that it come back to the Town Board for the Town Board's approval. Since the Planning Board meeting and as a result of that meeting Town Attorney Dusek and Attorney's for the project, contractors, bonding company, have work very hard to totally restructure the documents. They have rewritten the performance bonds and payment bonds and separated out into separate bonds the portion of the guarantee's that apply to the infrastructure as opposed to the portion of the bonds which apply to all the rest of the project. Noted they have parceled out the same way the construction contract they now have two sets of construction contracts. One, which applies to the infrastructure construction and the rest which applies to the construction of all the rest of the project. Requested that the Town Board pass a resolution to proceed with the project, but conditioned upon the final review of the Town Attorney of the documents in place. Attorney Dusek-Noted as Mr. Adams has indicated there has been a break apart of the original bonding and agreements which is much more to the advantage of the Town, noted it will make it easier to make claim to the funds should the Town have to do that. Another important aspect that has been accomplished is that time has been made of the essence in connection with the completion of the infrastructure. In addition to that the bond itself has been rewritten, the contracts rewritten and then there is a separate agreement that will be signed by the contractor, Homefront and Adams and Rich as agents for Homefront, and the Town which go to the heart of addressing all of these issue. Stated at this point everything looks good, but would like to reserve his final opinion until tomorrow morning until further review of documents. It was the decision of the Town Board to pass the following resolutions. RESOLUTION REGARDING INSPIRATION PARK RESOLUTION NO. 531,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, to approve the concept of bonding for the Inspiration Park Project, such that the Town's interest in having the infrastructure fully complete before occupancy of any home occurs and such that the Town's interest is protected in the event that infrastructure is not complete at the expiration of roughly one year from the month of September, time being made of the essence, and such that the Town may draw upon the bond or seek completion of the infrastructure by the bonding company should the infrastructure not be completed which would include the roads to the Town's satisfaction and with the form of the bonding to be in such form, sufficiency and manner as shall be approved by the Town Attorney to protect the Town's interest, and BE IT FURTHER RESOLVED, that once a performance bond and all the necessary agreements have been executed by the Town Supervisor on behalf of the Town Board, the Town Building Department may issue building permits for the houses at the project site and specifically the Town Board hereby notes, that no certificate of occupancy shall be issued by the Town Building Department until such time as the roads and other infrastructures are properly completed and accepted for dedication by the Town and until such time as all utilities are fully installed. Duly adopted this 28th day of September, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: Mr. Tucker ABSENT: None RESOLUTION ACCEPTING PERFORMANCE BONDS INSPIRATION PARK RESOLUTION NO. 532, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED: Mrs. Susan Goetz Attorney Dusek-We need one more resolution from the Board on this too, that is whether you approve of the United States Fidelity and Guarantee Company as the Surety. Councilman Monahan-I'll move it. Councilman Goetz-I'll seconded it. Supervisor Brandt-Any discussion, please vote. Duly adopted this 28th day of September, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Abstain:Mr. Tucker COMMUNICATIONS Councilman Goetz-Spoke to the Board regarding the request to reduce the speed limit on Country Club Road. It was forwarded to the County and the State, noted that the State has turned down the request. (letter on file in Town Clerk's Office) DISCUSSION HELD Councilman Goetz-Spoke to the Board regarding a letter received from David Hatin regarding a neighborhood problem in South Queensbury. Noted that David Hatin is asking if the Town Board is interested in changing the section of the fencing ordinance because he hasn't enforced this yet. It was the agreement of the Town Board not to change the fencing ordinance. Attorney Dusek-Spoke to the Town Board regarding the Traffic signal situation on Quaker Road. The following resolution was passed. RESOLUTION APPROVING AMENDED LANGUAGE IN WARREN COUNTY TRAFFIC LIGHT CONTRACT RESOLUTION NO. 533, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz Attorney Dusek-What I just gave to you is a copy of the contract as it's now been marked up after conferences with the County Attorney as you can see from the markings we're very close. The biggest difference at this point lies on Page 4, paragraph 6, where before if you'll recall we had a provision in there that generally indicated that the Town wouldn't assume responsibility for the lights until such time as the County adjusted them and the Town checked it, if they didn't like it there was a ten day provision all of that. The County suggested that rather than get into all of that they would rather as the County Attorney put it to me or the Assistant County Attorney, Sterling Goodspeed, put it they rather cut a purchase order to New York Fire and Signal let them adjust it while we supervise and that's it, it would be done with. What this language does is it says, the County shall after execution of the agreement accomplish further programming or adjustments to the satisfaction of the Town by retaining the services of New York Fire and Signal at County's expense. The Town shall supervise the programming and adjustments and the Town's responsibility for the lights shall commence following New York Fire and Signals performance of such service. That was their alternative to having this back and forth because they felt they were concerned that maybe the Town and the County might never reach an agreement concerning the lights. An additional change was proposed on Page 5, at the end of the paragraph concerning the County's responsibility. If you'll recall that the County as part of the agreement will be liable and responsible at all times for its workmanship, engineering, construction, installation and the placement of the lights except it says, where the same is effected and this is what they wanted, effected by the reckless, negligence, or careless conduct and/or acts of the Town of Queensbury agents, servants and employees. Councilman Caimano- They don't have much respect for our Highway Department is that what their trying to say? Attorney Dusek-I think what their trying to say is we don't mind being responsibility for what we did, but we don't want to be responsible for anything that might happen after the fact. I don't personally find that objectionable, I trust that you won't either. Councilman Caimano-Because Paul Naylor's not sitting here in the audience you don't find it objectionable. Councilman Goetz-Who will supervise the programming is that Paul? Attorney Dusek-It's whoever you would designate. The other thing was minor language a whole other part was taken out in two places on Page 5 or 6 concerning negligence it's just a general referral to negligence. I didn't have any problem with that, that they wanted taken out. Councilman Tucker-Paul, I have a question for you. Quaker and Glenwood that mall put that light in there do they own it? Attorney Dusek-No. We will have that too as part of this package. Councilman Tucker-We own it. Attorney Dusek-Yes. They put it up at our insistence. Councilman Tucker-I understand the ones at Shop -n- Save they own? Attorney Dusek-That's correct. Councilman Tucker-We will have nothing to do with them? Attorney Dusek-As far as, I know that's not part of this package and I know of no discussions to change that. Councilman Monahan-But, if I remember right Paul they did agree to synchronize their lights with our lights on Quaker Road. Attorney Dusek-I wasn't part of that agreement so I'm not sure. Councilman Tucker-Have you talked to Mr. Naylor about this? Attorney Dusek-I don't know that we've gone over these exact provisions that have been proposed, but previously we had generally discussed the concept of taking the lights over. Councilman Tucker-We we're talking about budget the other day and he had a considerable amount of money in his budget for these lights that he was taking over. He didn't know at that time that they were going to be brought up to our standards or fixed whatever needed to be done by the County. He is going to be the man that's doing it so he should be part of it, I believe. Supervisor Brandt-The language sounds reasonable to me. I think if I were the County I feel exactly the same way. I think it's a reasonable request and I think if we really what them than let's get on with this. Councilman Caimano- What do you want from us? Councilman Goetz-So what do you want from us? Attorney Dusek-Approval of this new amended language in the contract. Councilman Caimano-I'll move it. Councilman Goetz-I'll second. Supervisor Brandt-Any discussion, please vote. Duly adopted this 28th day of September, 1992, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Councilman Tucker-Spoke to the Town Board regarding the drainage problem in Queensbury Forest. Noted that the Highway Superintendent is asking to hire an independent engineer to take a look at the drainage situation. Supervisor Brandt stated it would seem that it's the Board's responsibility to make sure it get's built as approved and if it isn't built as approved it doesn't get built, noted that the Board will look at this tomorrow to make that decision. It was the decision of the Town Board not to hire an independent engmeer. DISCUSSION HELD Supervisor Brandt -Spoke to the Board regarding the status of the landfill and getting an extension of the consent order for the landfill. Noted that a detail closure plan needs to be done. Noted that part of the problem with the landfill is that more material is needed for volume so that we can get the correct contour to the landfill so then it can be closed successfully. A source of material needs to be identified which will probably have to come from the outside of the county. It could be C & D waste, sludge from certain paper mills, especially where there is reprocessing with paper. Noted they are trying to get technical information together to see if such material would be usable. It has already been approved from the Encore Plant, for the cover material for South Glens Falls Landfill, they would like to find a home for some of it. If the rolite process can be brought in it can save an enormous amount of money from handling the ash from our current burn plant. Discussions are on going between the two counties and the IDA to try to find a local home for the ash. The savings could be enormous for both the county and provide the Town with an enormous amount of money for the closure of the landfill. Stated he has talk with Morse Engineers to try bring this all together. Supervisor Brandt -Proposed to the Board that the Town Board enter into some kind of a contract with Morse Engineering for this service. Attorney Dusek-Noted that to date what has been submitted to DEC is a the Closure Investigation Report as well as the Closure Plan. Noted that the closure plan has been for the entire landfill, but the CIR is for one part of the landfill. Stated that no matter what is done you need to advance to the next stage for the remaining part of the report this is one of the reasons we applied to DEC for an extension beyond the October 1st, deadline. Noted that the proposal that the Supervisor has made could be merged into the other part, recommended that the Board consider this. It was the decision of the Town Board to meet with Morse Engineers to further discuss this matter. OPEN FORUM Carol Pulver, Queensbury-I have a couple of questions Mike, one specifically for you. In the minutes of the August 17th, meeting you talked about the Environmental Committee, I was under the impression that the committee was no longer meeting. Now, I understand is it Ralph VanDusen is part of the committee so the committee is meeting. What I'd really like to know is what their doing, when do they meet, what are they working on? Supervisor Brandt-There are a couple things going on. The Environmental Committee first of all, I have not attended their meetings. They did not have them during the summer and I think their getting back together. I think, I saw some correspondence where they want to get back together and discuss that themselves. There is another Environmental Committee that really has to do with the technicalities of the landfill and there is some cross over between those two groups. There are some people from the Environmental Committee who are on the Landfill Committee. But, I can't speak for the Environmental Committee, I don't know. Mrs. Pulver-How can I get list? Supervisor Brandt-We can provide you with that. Mrs. Pulver-Clerk's Office? Supervisor Brandt-Or my office during the day. I've talked with Dave Hodgson, I've talked to Dave quite a bit. I don't think they have a President. I think they decided not to have a Chairman and they rotate Chairman. We'll give you a whole list. Councilman Monahan-Carol, one difference is the Environmental Committee is appointed by the Town Board. Mrs. Pulver-As advisory isn't it? Councilman Monahan-As an advisory. The other committee Mike was referring to is a technical committee or is people that only Mike himself has appointed to advise him. Mrs. Pulver-Okay, I guess what I'm talking about is the Advisory Committee to the Town Board. Councilman Monahan-The Environmental Committee. Mrs. Pulver-That would be the Environmental Committee. I just think as a citizen, I would like to know whose on that committee and what it is their working on. The other thing is that, I have a few concerns and I'd like to discuss it with you tonight. My biggest concern is Mr. Tucker voting on planning, zoning, building and code resolutions which approve changes in law or personnel. I'd like the Board to really look closely at this issue and evaluate it. I don't believe that anyone thinks that Mr. Tucker would deliberately do something to jeopardize his position, but I really feel that there is a potential for conflict. Since Mr. Tucker depends on the planning, building and codes and personnel for his livelihood it would seem that this gives him the authority, I mean he has the authority to approve raises and elevate these people's positions and so forth. That it could be misconstrue that at sometime that maybe he's applying political pressure to these people. So, I guess, you know, I object to him voting on these issues and I guess, I would like your input on that. Councilman Goetz-I think it's up to Mr. Tucker to determine whether he feels he should vote on it. I wouldn't want to presume that Mr. Tucker wasn't using his best judgement, I think that's up to hirn. Councilman Caimano- The problem that came up is, of course, is that what we now have done is we have passed an Ethics Law. The Ethics Law asks us to show to the Town, the reason for the Ethics Law is to show to the Town is that we are doing things properly and above board. I agree with you that it's up to each individual member certainly the issue is an interesting one. Councilman Goetz-This is something that you would be able to bring to the Ethics Advisory Council. Mrs. Pulver- We'll, I guess before I would want to do that, I would want to bring it to this Board and bring it to Mr. Tucker's attention. Councilman Tucker-The way the system works is that we have an Ethics Committee and we have an Advisory Board, take your charges there, take your charges into the system. Mrs. Pulver-Then, I guess I have to assume that you don't think you have any kinds of conflict? Councilman Tucker-No ma'am, I don't. I've been working with the Planning Board, Zoning Board, and the Building Department since it existed here in the Town of Queensbury. As far as asking any favors from anybody I never have, never will. Mrs. Pulver-Well that was before you were in the position that your in now. Councilman Tucker-It hasn't changed the way I feel. Supervisor Brandt-There is a specific law your welcome to review it, gladly give you the copy of it. We just appointed the Board the Ethics Council and they are the people who would get a compliant, your welcome to make the complaint and start the process if you feel that is what should be done. Mrs. Pulver-My other concern is also to Mr. Tucker. On September 10th, I have the minutes here where there was a resolution to appoint an Assistant Planner which was introduced by, Mrs. Goetz and seconded by you, Mike. As I was reading down it appeared to me that Mr. Caimano and Mrs. Monahan were unaware that the resolution was going to be brought up, but that was fine then it was withdrawn. After consulting the Board as to what they wanted to do, did they want to vote on it or withdraw it, you ask Mr. Tucker and his words were, certainly the scope has changed since we had the meeting the other night. I know my view has changed and you know the reason of what I've run into here last Friday downstairs. I went through the meetings and I don't know what meetings he's talking about. I don't have anything to where I would have a clue as to what he's talking about. Councilman Tucker-It was something that took place in Executive Session on a Friday night. Mrs. Pulver-On personnel? Councilman Tucker-Yes, ma'arn. Mrs. Pulver-My next question is then on September 21st, when the resolution is reintroduced appointing Assistant Planner there is no discussion at all in any of the minutes, yet you voted for it. Councilman Tucker-Yes, ma'arn. Mrs. Pulver-I think there should have been some discussion as to why you changed from not voting to vote to vote at least for the public the public has a right to know. Councilman Tucker-It was decided in Executive Session. Mrs. Pulver-Are those the things that are suppose to be decided in Executive Session? Councilman Tucker-When it comes to people's lives, I think that's where it should be talked about. Attorney Dusek-As far as the law goes in executive session, I can help out there. The law is quite clear that matters, at least that's the way it's worded, matters leading to the appointment of a particular person are properly discussed in executive session. If they discuss the merits of that particular person his employment history anything about that person that would give rise to whether or not they should appoint that is proper discussion. Councilman Caimano- Well, but you bring up an interesting point though. It kind of bothered me has been bothering me since last weekend. Councilman Monahan-I was going to make a statement on this, Nick go ahead. Supervisor Brandt-Wait a minute one at a time. Councilman Caimano-My concern is that probably for the right reasons, but maybe in the wrong form we actually did vote without an open session on approving that second position. It came at the end of another meeting, what Friday night. Supervisor Brandt-It was in an open session. Councilman Caimano-It was in an open session, I shouldn't imply that. The meeting was open... Supervisor Brandt-And legal. Councilman Caimano-I guess. Supervisor Brandt-What you do mean you guess was it legal or wasn't it? Councilman Caimano- It was an open meeting. Supervisor Brandt -So was it legal or wasn't it? Councilman Caimano-I don't remember the basics of it, frankly. I don't remember how we got into the meeting whether we came there for executive or not. All, I'm suggesting is that maybe... Supervisor Brandt-You can have an open session after an executive meeting and we did that didn't we? Councilman Caimano-Did we have an open, yes we did. Supervisor Brandt-Yes, we did? Councilman Caimano- W e did. Supervisor Brandt-So is there anything illegal or immoral or blemish? Councilman Caimano-I'm not suggesting illegality or immorality here. All I'm asking is did that meeting start as an open meeting was it a publicized open meeting. Supervisor Brandt -Of course, it was. Councilman Caimano- I just don't remember, I cannot remember. Attorney Dusek-I was going to say, I think the record would speak for itself in that regard meetings are usually noticed. Then usually when Darleen advertises them, I'm pretty sure she customarily will put down some ideas to what the meeting will be about. Then she usually puts in the phrase and such other and further business that may come before the board which means when the board meets the public has been properly noticed. Then if they go into an executive session then they come back out as long as they take the moves legally, you know usually when I'm here I've seen you do it, it's been proper as far as I can tell in terms of the votes and everything. Then when you come out your free to transact business accordingly. Councilman Caimano-As long as we did it in an open session, I just don't remember the whole scenario. Supervisor Brandt -You certainly wouldn't vote on something if you didn't think you were properly constituted would you, Mr. Caimano? Councilman Caimano-Actually, I think I voted against it, but that's beside the point. Supervisor Brandt-No, but you voted, you did vote and you lost in the vote. Councilman Caimano-Oh yeah. Supervisor Brandt -Could this be politics? Councilman Caimano-No, because the only one whoever mentions politics is you. Supervisor Brandt-Excuse, what? Councilman Caimano- Y our the only one whoever mentions politics. Supervisor Brandt-No, but other people get very involved in it, I'mjust open and up front about it. Councilman Caimano- Yeah, right. Supervisor Brandt-Call it what the hell it is that's all. Councilman Monahan-Carol, I would like to respond to you and it's odd that you really brought up something that I have been very uncomfortable with. As far as Mr. Tucker's concerned, I think Mr. Tucker has to make those determinations knowing his livelihood. Councilman Caimano-Or any of us. Councilman Monahan-Or the effects of his votes on his livelihood. Supervisor Brandt-That's right. Councilman Monahan-After the meeting of September 21st, I got to thinking the next morning and I said to myself, we either violated the open meetings law or we came very close to violating the open meetings law. When we go into executive session we have to do so for specific reasons. The reasons were, Resolved that the Town Board of the Town of Queensbury hereby adjourns from the Regular Session and moves into Executive Session to discuss litigation, personnel, professional services and matters leading to the appointment of certain people. Okay, we did do performances, and qualifications of specific persons that's part of what we did in that executive session. As a result of that if you have the minutes of September 21st, if you'll turn to Page 17, we came out and we did two resolutions. Supervisor Brandt-We came out of executive session. Councilman Monahan-We came out executive session into open session and did two resolutions. Councilman Caimano- Yeah, we did that right. Councilman Monahan-One, was a resolution of Termination of Employment. One, was a resolution assigning duties of Zoning Administrator. I think those were very proper and very properly discussed in executive session. You will also see that we did a resolution Appointing Assistant Planner. You will also see that there is no discussion in these minutes, I will tell you what happened in executive session correct me if I'm wrong. The Supervisor said he would like to put the position of the second Assistant Planner on that night we had no notice of this being on the agenda. It goes against our resolution of 8/3/92, of that Resolved, that an agenda will presented to the Town Board and to the public on the Friday proceeding each meeting along with all pertinent information that is necessary. But, more importantly I feel that during that executive session we discussed material that should not have been discussed because the majority of that discussion and I was a part of it and I will admit this because the whole thing caught me by surprised was not the qualifications of any person, but except very lightly that was touched on. Because a major part of that discussion was whether or not this was now the time to create this position with the turmoil we were in downstairs. I maintain that discussion was improper in that executive session. Attorney Dusek-I was there at that meeting. I'm your Attorney, I did not object to the discussions generally. Councilman Monahan-I know you didn't and that's why I was so surprised the next morning and I figured you were like me you'd gotten caught by surprise. Attorney Dusek-Well, you know when I think back over it though even what you just said there it's still matters relating to the appointment of a particular person. Councilman Monahan-You have often told us... Supervisor Brandt-Wait a minute, one at a time Betty. Councilman Monahan-Wait a minute, wait a minute, wait a minute, Mike, I'm talking this with Paul. Supervisor Brandt-Wait a minute Betty the Attorney is speaking let him finish, please. Councilman Monahan-He did. I want to just check that point. Supervisor Brandt-Betty the Attorney is speaking, please. Won't you finish, Paul. Attorney Dusek-My only comment on it is, I think when you talk about matters leading to the appointment of a particular person which is what that was an issue is should that particular person be appointed there are pros and cons behind appointing that person that were related to personnel at the time. I don't know Betty that I see necessarily a violation there. Councilman Monahan-I disagree with you because it was that particular person that was in question most of the discussion. The discussion was whether or not that job should be created at that particular time. Supervisor Brandt-Wait a minute. Councilman Monahan-Wait a minute Mike you told me not to interrupt the Attorney. Supervisor Brandt-Wait a minute. My god this isn't a filibuster, baby, hey just a minute. Councilman Monahan-And you also have told us in previous times we could not deviate from that statement. (Tape illegible due to gavel) Supervisor Brandt-The Chairman's got the meeting here, Betty. Councilman Monahan-Well maybe the Chairman is trying to shut up somebody who doesn't...that he doesn't want to hear. Supervisor Brandt-Order, please. Now that we have order... Councilman Monahan-Do we have order or anarchy? Supervisor Brandt-We have some kind of order right now we've got a little gavel that's working pretty good. I'd like to remind the Attorney, first of all, I don't agree with her analysis or her recollection of it. In executive session, I simply told the Board that as part of the reorganization and the change and the moves we were doing with personnel that I would bring forth in open session a resolution to hire someone and that's all that was said. There was no discussion of that in executive session. We went into open session and did it and there was no discussion and so be it. Everybody said whatever they had to say apparently and it wasn't much and the resolution passed end of business. Now, it's your turn Betty. Councilman Monahan-There was no discussion in the open portion of that meeting because I went in and listened to the tape. Nick, I ask you, you were there did we discuss whether or not this position should be put on line at that time? Councilman Caimano-My answer is that I remember arguing to no avail that we ought to wait until we appoint the new Executive Director because I thought that the Executive Director ought to be a part of that process. But, I have to be very honest with you I simply don't remember... Supervisor Brandt-Nick did you do that? Councilman Caimano- I said that. Supervisor Brandt-In executive session? Councilman Caimano- I was just going to say that I simply don't remember the timing of it. I think the most important thing that I want to say regardless of what anybody else's wants to say, if there was a problem there all I'm concerned with is that the public knows what the situation was. If we did something wrong and you say we didn't Paul, then the public knows about it and my apologies there, if there is an apology needed it's there that's all I care about. Councilman Monahan-That was my point in bringing it up because I do feel that we... Councilman Caimano- That's my only concern. Councilman Monahan-Did stray very close to the line. Attorney Dusek-I think this board knows that I have been relatively conservative in terms of always advising you to watch out for matters and if you are straying, I will let you know. When your talking about personnel of whether to hire a person and your also talking about possibly letting the director to make that determination as to whether that person's fit for the qualifications. I mean that's very close in my opinion in terms of are you talking about the person, are you talking about whose going to decide it. You don't know when you come into these things in terms of, I can tell you this much that certainly the matter that you had selected for the agenda i.e., hiring that particular person to me seemed perfectly proper. Now, can you pin point statements that may, you know you could argue that should they be discussed in open shouldn't they. As you know we've been round and round on this stuff in the past and I advised you that when your talking about the overall reorganization plan like you did in the one meeting you went public with all of that you did that in public. When your talking about hiring a particular person which is what that issue was that night that's proper for executive session. You know, can you pick apart some of the comments that were made relative to that particular matter and say, should that be discussed or shouldn't it be discussed obviously as the board knows you try to be as careful as you can to stay right on the money. That night as I was sitting there listening in to be honest with you, I just didn't seem something to object to otherwise I would of objected. Councilman Monahan-That's why the next morning frankly when it hit me, I thought... Councilman Tucker-Mr. Chairman can I make a comment. Councilman Monahan-This is so unlike what normally happens. Supervisor Brandt -Yeah, Pliney. Councilman Tucker-I was under the impression that anything that happened in executive session happened there and stayed there. The night that we interviewed this lady that we hired for this job we interviewed her she left the meeting with the indication that she was going to be coming to work within the next two or three days. Councilman Goetz-Like next day. Councilman Tucker-The next day. After she left all the board members said, well who hired her. Councilman Goetz-I said it. I said, have you been hired because she was giving the impression that she was and that was she was being told, but not by the Town Board. Councilman Monahan-That was the first time. Councilman Tucker-That was the first time, right. The lady left the meeting with the impression she had been hired. After she left, correct me if I'm wrong we had a conversation about it and we decided to delay it. The next two days or a week the information came to us that the lady she lived down in Hudson or Poughkeepsie, had given up her apartment, had made arrangement for an apartment here in Glens Falls. I believe, Mike the gentlemen called you on the phone and wanted to know if the lady had the job because he had a chance to rent the apartment out and she was holding him up because she didn't know whether she had the job or not, correct? Supervisor Brandt-That's true. Councilman Tucker-Okay. This all entered into the conversation and Mrs. Pulver's question about changing my line of thought this is what changed my line of thought. I'm going to come right out and tell you the reason that I didn't want to hire the Assistant Planner originally was that I didn't want her to become a clone to the situation that we had in the Planning Department at the time she was hired. Councilman Monahan-Actually there were three meetings in which this was discussed. The one that Pliney's talking about when we interviewed her, after she had the impression that she had been hired, I don't know who gave her that interview. The next was a meeting of September the 10th, when the motion was put on the floor and then withdrew because not enough people would approve it. The third was a meeting of September 21st, when that motion with no public discussion passed. I still among the personal feeling and that's why I bought up what was in executive session that there were things in executive session that didn't belong there that's my feeling on it. I felt that the very next morning after that meeting that we had strayed over the line and I will be the first one to say that I think we strayed over the line. Supervisor Brandt-Okay, it's your floor. Mrs. Pulver-My only question is that I would hope that in the future then there would just be more public record. I'm following, you have so many meetings, I can't possibly get to all your meetings, I don't know how you can get to all your meetings. Councilman Monahan-It's getting very difficult and also get to our constituents out there and find out what they need and what they want so we're not governing in a vacuum it's getting very hard, Carol. Mrs. Pulver-As I'm going through, I mean I'm just finding that I'm finding loose ends and I can't find the answers to it. I wanted you to be aware of that. Supervisor Brandt -Yes. Unknown-I think, I should feel intimidated right now after all of this. Councilman Goetz-I hope you don't. Councilman Caimano-What is your name? Emily Akins-Mr. Tucker, I might need your help. Councilman Tucker-Yes, ma'arn. Mrs. Akins-The junkyards were to be given new permits in July, they were given a letter to get their act under control. Councilman Tucker-To comply, yeah. Mrs. Akins-I don't see no changes. Mrs. Akins-So Mr. Martin, I'm going to be at you from now on. Councilman Caimano-Is this Bill Threw's property your talking about? Mrs. Akins-Mr. Combs, Mr. Clark's, the one down on the Boulevard. Councilman Monahan-Mrs. Akins those permits go through our Town Clerk's Office. Town Clerk, Dougher-They have gotten permits. Councilman Monahan-They have gotten permits. Mrs. Akins-Yes, and to me their not up to standard. You look at Mr. Clark's fence that's not a full fence. Councilman Monahan-Darleen should those comments come to you or should they come to the Building Department? Councilman Tucker-Has Bob Clark got a permit? Town Clerk, Dougher-The Building Department gives me their recommendations as to whether I should give a permit or not. Councilman Tucker-Did Bob Clark get one? Town Clerk, Dougher-I'll have to go back. I'm pretty sure he did. Councilman Tucker-Cause, I know that Dave was taking him to court over the fence. Town Clerk, Dougher-I'll have to go check, I mean I've got so many ofthern. But, I can tell you which ones I have and don't have, I can get you a list by tomorrow. Councilman Monahan-Darleen are the renewal dates of all of these junkyards the same? Town Clerk, Dougher-All the same. Councilman Monahan-The same and they are for one year, right? Town Clerk, Dougher-That's correct. Councilman Monahan-And it's July 1st? Town Clerk, Dougher-I believe so. Councilman Monahan-I mention this Mrs. Akins because in the future is you see something that is not up to snuff let the Town know before the time of when their permits will be renewed. Mrs. Akins-I think, I did mention them. Councilman Tucker-Yep, and they issued a letter. Mrs. Akins-They issued a letter, but nothing was done so where is the inspector? Councilman Goetz-He's not here tonight. Councilman Monahan-Because they either have to recommend or not recommend them to the Town Clerk before those permits are issued the Building Department. Councilman Tucker-If their not conforming can their license be revoked? Attorney Dusek-I'd have to check the laws on that. But, I believe there are probably remedies of some nature set forth in the laws. Councilman Monahan-It's easy though Pliney to not to issue the permits in the first place if you know there is something wrong. Councilman Tucker-I gather they've been issued and Mrs. Akins has got a problem with them. If they are not conforming we should revoke their license. Attorney Dusek-Well there maybe some procedure in there. Like, I say, it may not necessarily be a revocation maybe there is a mechanism for fines or something. Councilman Caimano-Put a stop work order on thern. Attorney Dusek-But, I'm sure that if it's brought to the attention of the Building Department that they in turn can investigate and if it's warranted they can take the appropriate action that's allowed for under the law. Supervisor Brandt-Hi, Jirn. Councilman Goetz-Like your new job, Jirn. Mr. Martin-I'm going in with my eyes wide open. Councilman Caimano-Welcome to work. Mrs. Akins-Come on up home, I'll show them all to you. Councilman Monahan-You want that all taken care of in the next two weeks don't you Jim. Mr. Martin-I'll honestly due my best. Mrs. Akins-Really? Mr. Martin-Yes. Mrs. Akins-I hope so Mr. Tucker, we need more of your help. Supervisor Brandt-Anyone else? John Salvadore, Queensbury-Mike, I hear that the Lake George Park Commission has written a letter to the Town of Lake George indicating that they want to take over the on site waste disposal inspection and registration for the Town. Have you been approached in similar matter? Supervisor Brandt-We got a letter, I don't think it said quite that. I think it said that, first it gave us a compliment that we had essentially finished what we were supposed to be doing, I think which, I didn't know. They were really asking us to sit down with them, yeah their asking for a meeting with us on this whole thing. I kind of felt it would be awfully nice to have the head of the department aboard and we ask for a meeting in November to try to resolve all of this. We haven't taken any position whatsoever on it. Mr. Salvadore-You know the reasons the Towns got into this was that it was going to save us the forty dollar registration fee. That was what your predecessor sold us that the Town should get into this and would save us this money. Now, it looks like we're going to wind up paying this fee this seems to be the reason for the Park Commission getting into it now as they would like very much to collect those fees. As, I understand it a couple of weeks ago you took on someone in Dave Hatin's department to do this work. It's only been a few weeks is this person going to be out of work? Supervisor Brandt-We didn't take him on to do that work we took him on to go to school to do building inspection work. We scheduled him to go to school for the first school that was available. However, by the time we scheduled that school was filled and we couldn't send him there so as fill in work he was put up at the lake to do that work. Mr. Salvadore-Did he finish the job? Supervisor Brandt-What's that? Mr. Salvadore-Has that job been finished? Councilman Tucker-I can answer your question. A week ago he was taken off the work he hadn't finished it, but a lot of the people up there some are residents and he couldn't make connections so Dave Hatin took him off the job. Mr. Salvadore-See the Park Commission is going to take over they are going to start to collect forty bucks a site, forty bucks a system. Councilman Tucker-You asked if he's done and he's done. Mr. Salvadore-He's done then. Councilman Monahan-He's done in the sense that he's done all the structures up there, right Pliney? Councilman Tucker-He is. Dave Hatin took him off the job because he couldn't make contact with people that he had to inspect because they were not on board. Councilman Monahan-He's finished his inspections for the season, but there are still inspections to be done, correct? Councilman Tucker -Yeah. I understand our budget's going to eliminate that anyway. Supervisor Brandt-We've got tough times and we've got to look at every position we can eliminate and the philosophy could be to get out of doing park work and instead cut back on our personnel it's possible. Mr. Salvadore-Are you going to do anything to protect your citizens from this what we consider really illegal search and seizure? The wastewater regulations that this is all based on have been declared by one court to be illegal. Councilman Monahan-Are you talking about what the Lake George Park Commission is doing. Mr. Salvadore-That's right. Councilman Monahan-Has anybody done anything to have the Lake George Park Commission seize and desist. Mr. Salvadore-They have appealed the decision. We move to vacate the provision that when government appeals it automatically stays the lower court decision and that motion was denied. That's when they moved on the Town of Lake George the day after. Supervisor Brandt-Paul you had a comment. Attorney Dusek-I was going to say, I think when that letter came in Mike you and I discussed it briefly. I know one of the things that was in my mind when we saw that letter was to have an opportunity to review all of this before that meeting before we could take that up as one of the topics at the meeting as well. I think, if I understood this Town Board if you didn't adopt a resolution you certainly gave me the indication a little while back that you wanted to stay neutral on this thing so you could study all aspects because there are pros and cons. If the Town jumps out of it immediately, yeah there is a problem with the Lake George Park Commission jumping in and then also imposing additional fees and permit processes on the citizens up there. On the other hand if the Town stays in, although you've got problems with that lawsuit on the other hand the citizens don't get charged the additional fees and the Town can join it with their permitting process. It's a real dilemma there and the court case doesn't help at all in terms of where does that leave us. To me it seemed like these were all of the type of things the Town Board would like to discuss when they meet with the Lake George Park Commission. Mr. Salvadore-I think what your faced with is determining whether or not you think the Park Commission has jurisdiction on the land in your Town to do what they want to do this is the issue. You've got a state agency usurping your responsibilities your affairs. Attorney Dusek-As far as the state's authority goes, I think that's set forth in the state law John and that's clear. The Lake George Park Commission was established by legislation to my knowledge nobody is attacking that legislation. Mr. Salvadore-In the absence of a homerule bill. Attorney Dusek-Has your organization attack that? Mr. Salvadore-We will be. Attorney Dusek-To date to my knowledge you've attack the regulations and the SEQRA part of the process. Mr. Salvadore-That's true. Attorney Dusek-That's a different issue. But, these are things that the board can certainly be considering when they meet in the next month then in the meantime, of course, they can consider those. Mr. Salvadore-You have a pretty good basis to protect your citizens from this activity up there. You have a good basis if you want to fight. Supervisor Brandt-I'd like to adopt a budget. Mr. Salvadore-Okay. Supervisor Brandt-Next. Hilda Mann, Queensbury-I don't vote for Mr. Tucker, I don't have anything to do with Mr. Tucker, in his defense about people having conflicts. If I'm not mistaken Mrs. Pulver, I think you were on the Planning Board when the Homefront issue was presented before the Board is that not correct? Mrs. Pulver-Yes, I was. Mrs. Mann-Were you not working for Homefront at the time? Mrs. Pulver-Yes, I was. Mrs. Mann-Did you vote on that issue? Mrs. Pulver-Yes, but I would like to make it clear that I had counsel by the Town's Attorney before I voted on it whether or not it was appropriate to vote on it. The Deputy Town Attorney at the time said, yes it was okay. Mrs. Mann-That it was not a conflict of interest on your behalf? Mrs. Pulver-Right. And also the other point is that, I never voted on the issue, I only voted on the recommendation of the rezoning and then I abstained from all voting after that only because we felt it did cause... Mrs. Mann-It was a conflict? Mrs. Pulver-No, it caused too much controversy. Mrs. Mann-That was one Attorney's opinion. But, without the rezoning obviously Homefront could not have been established so that was critical. Mrs. Pulver-The Planning Board as you know is only advisory we did not make the rezoning... Mrs. Mann-Did you make any comments during the Homefront thing? Just to point out that there is always a potential for conflict of interest here on everybody's part. Mrs. Pulver-Only during that meeting where the Planning Board was asked for the recommendation. All other times, I totally removed myselffrom the Board and sat in the audience and did not vote after that. Supervisor Brandt-Anyone else? Fred Champagne-I too, have a simple question. Did we or did we not hire an Assistant Planner? Supervisor Brandt -Yes. Councilman Monahan-We've got two actually Fred. We had one that we, that we first hired quite sometime ago. Then the discussion was whether or not there should be a second assistant planner coming on particularly when we had no director to direct that person. Mr. Champagne-Just to add to that. As the water becomes just a little more muddy regarding or personnel hiring practices here it might be in the best interest of the Town Board to take a lesson on how to hire, how to fire. I hear we hired someone because someone was going to rent an apartment. For those of us in the audience it get rather confusing in fact, sometimes frustrating. It would appear to me it might be in the interest of us taxpayers and certainly the Town Board to become a little better prepared perhaps in personnel matters. Councilman Monahan-This is why, I rather objected in having it thrown on us with no notice when by our own rules and regulations we're suppose to have notice of any resolutions coming in front of us. Supervisor Brandt-Mr. Champagne, we did not hire someone because of their apartment needs. We looked at our staffing needs we identified them clearly and the majority of the board hired them. If your friends lost the vote too bad that's the way board's work as you know. There is a majority and it rules and it did rule and to bad we move on. Mr. Champagne-Mike, I don't need that kind of explanation. Supervisor Brandt - I thought you just came and asked for one, Fred gee whiz. Mr. Champagne-I can appreciate what happened except for those of us that are listening in the audience there is some difficult understandings that I have in the process simple as that, thanks for your comment. Supervisor Brandt-Thanks for your comment, anyone else? Carol Martindale-I feel there is going to be a much bigger problem where we're concerned with the hiring of Jim Martin. Does he take office on October 12th, is that what I heard tonight? Councilman Caimano-Something like that, yes. Mrs. Martindale-Several things I'd like to bring up. First of all doesn't his wife work with the Town Lawyer? Is there going to be a problem having, isn't there something with the Code of Ethics? Supervisor Brandt-There are lots of things in the Code of Ethics and they've been examined and they are basically for those two people to figure out and to live within the code. It's been discussed and I don't personally think it has to be a problem. Mrs. Martindale-It can be a problem because our personnel experience with the Town and I'm sure this Town Board is very well aware of it. On January 28th, we met with the Planning Board totally due to the confusion that Pat Crayford didn't understand the present zoning in which she lost her office for various reasons. Jim Martin added to a lot of harassment on the part of my family with him not understanding the zoning laws. Councilman Monahan-Wait a minute Carol, would you repeat that sentence, I kind of lost that. Mrs. Martindale-We have been harassed by my father-in-law in our farming experiences here in Queensbury, etc. Pat Crayford who was Zoning Administrator told us that we had to come before the Planning Board. When we did Jim Martin playing politics with the law office of Little & O'Connor put us through hell, a living hell and this board is very well aware of that he's caused a lot of confusion for the whole Town. Would Jim Martin kindly like to state his views on sales of agricultural products within the Town? Supervisor Brandt-Why don't you let him come to work. I mean, my god give the guy a day. Mrs. Martindale-I would like to have him speak on it. He was at the agricultural meeting in July, I believe when you advertised it. He publicly stated that he did not want these things going on on 149, which is a commercial road a state road he's totally against commercialism on 149. Supervisor Brandt-I'm sure your phrasing things out of context.CMrs. Martindale let him speak for himself, please. Supervisor Brandt-No matter what he thinks he doesn't set the law the Town Board decides what the zoning will be. He's an advisor an employee and he will make his recommendations as any other employee, he will oversee the department. He's not a dictator and he's not going to be a dictator he knows that well his role is to run the department. Councilman Caimano-Because of the position he's in now he has less freedom. Before he was really a private citizen who happened to be a volunteer on the Planning Board now he works for us. Mrs. Martindale-You set the policy and the precedent in the Town is that correct? Supervisor Brandt-We can, sometimes we do. Mrs. Martindale-It has been the policy for a good two hundred years for agricultural products to be sold in the Town of Queensbury with no confrontations is that correct? Supervisor Brandt-Look it, your going to take me through a law that I've read and reread and I don't understand it and if anybody else understands it wonderful. We have Attorney's that have sat and read it and argued this thing back and forth and the real answer is somebody make some sense out of this law all the way through. Now, the last discussion I heard was that it really was an enforcement problem and really I don't want to be an expert in it. In two weeks we will have an expert aboard who can start helping us. Mrs. Martindale-Who is the expert? Supervisor Brandt-That's Mr. Martin. He'll be there running the departments trying to coordinate what it is we're doing there, I can't wait. Mrs. Martindale-What expertise has he had in agricultural? Supervisor Brandt-I don't know. Mrs. Martindale-When he has verbally stated he's against it. Supervisor Brandt-I don't think that's the point. The point is does he know the law and can he help make it work easier. I think, you know I've heard this argument since before, I took office and it's still hot and heavy and until we do something it's going to stay hot and heavy and god bless you. Right now we're addressing the budget and that's what we're going to address for a while. Then we'll come back and hopefully he'll help us and the Attorney can help us and that's what staff is for. Someone else said, you know something is wrong with the way we enforce an ordinance for junkyards well there maybe, I don't want to enforce them nor does Pliney Tucker. That's why we have a staff of people we're trying to get them all to work in the same way by the same standards to have one set of rules that's not easy it's certainly been a major task force. We're starting to address it, we're slowly getting there. We certainly had a misstep, but we're addressing it and we're going to continue to address it. Tonight, I certainly don't think we're going to give you the answer to your problem. Mrs. Martindale-The first meeting in May after our Zoning Board Meeting on April 30th, I presented this Town Board with New York State Town Law 136, which in fact states, if your a New York State producer, if you produce agricultural products you can sell on private land which we have been selling for the past three years or more our produce. Jim Martin at the Planning Board meetings who chaired the meetings and caused a lot of confusion told us he ignored state polices he said, what does that have to do with it. I can bring you the records, I have the minutes in the car. He caused a lot of confusion he wouldn't even give me my constitutional rights of freedom of speech. Supervisor Brandt-He probably will in his new job. Mrs. Martindale-I should certainly hope so. Councilman Monahan-Carol, I think what we're dealing with here is a very... Mrs. Martindale-We are a unique situation because we are a producer. We're not like these other people who go out and buy stuff and resell it consistently we're different than that. Councilman Monahan-I think what we're dealing with as we all found trying to deal with this a very fuzzy law that needs redefining, re-clarification. Hopefully that will be done before another season starts for you, I hope but that it the crux of the matter. We talked about the problem a lot we have to talk about solutions. The solution is that we have to take those laws and redefine them and make them consistent and that's really a job that this Town Board has got to settle down and do. Mrs. Martindale-Can this Town Board acknowledge the State Town Law, 136? Can they acknowledge it and say if they are a producer that's it they have a right to sell their products. Councilman Monahan-Anything that the Town does will have to be in conformance with the state law unless we can bring homerule into effect, I don't know about that Paul that's where you will advise us when we get into that. Attorney Dusek-Every situation has to be judge on it's merits as the facts are applied to the law or the law to the facts. To sit here tonight and try to answer questions other than to simply say that, I know what the Board has said in the past is that they will, of course, follow the law that's the bottom line. Councilman Monahan-I think we're also saying is that we have fuzzy situations that have come up and we have to try and get that law tailored so the situations aren't fuzzy. Whether or not we have to go by the letter of the state law, I don't know or whether we have the right through homerule to make some changes, I don't know that's something your going to have to advise us when we get down to that. Mrs. Martindale-In your Queensbury Code it states that peddling of produce is excempt from in cities of the first class, etc. Mr. Dusek was made aware of that before when we met with him in Mike's office. Pat Crayford, Mike, Mr. Dusek and myself met after the January 28th, Planning Board Meeting. Paul said, as far as the law was concerned right now that we had a legal right to sell unless the Town changed the law. Attorney Dusek-I don't think, I said that quite that way. What, I said is that you have the same right to do what anybody else is doing in the Town as far as the stand is concerned. Mrs. Martindale-That's not what you said to me in your office. After you met with me in the office and Pat Crayford and Mr. Brandt, Jim Martin came into play once again. You had gone and discussed something with Jim Martin, I don't know how he even entered into the picture because he wasn't even present at that conference in January. Supervisor Brandt-I'm sure this is going to continue for a long time. I'd like to move it along if we can. Mrs. Martindale-Okay, then one further question. I'm of the understanding that you have tabled an act of enforcement against my husband and myself about selling produce in the Town. Mr. O'Connor and Irving and Lillian Martindale were present one night when we weren't here and I was informed that you have tabled an enforcement measure against us is this true or not? Councilman Caimano-I haven't a clue. Supervisor Brandt-I don't know. Councilman Goetz-I never heard of this. Mrs. Martindale-You have not been presented anything. Supervisor Brandt-I don't know. Councilman Goetz-I never heard of this. Councilman Caimano-I don't remember, do you? Councilman Tucker-No. Mrs. Martindale-Okay. So then we are free and clear to do so? Supervisor Brandt-I didn't say that. Councilman Caimano-Of the five things I handled in the last ten months, I didn't remember this. Mrs. Martindale-We met with you in April and in May and I ask this question before we even starting selling and we were told to go ahead and do it by this Town Board. Councilman Caimano-We better look it up. Can we have the minutes looked up. Councilman Monahan-I'm not even sure if the Town Board has that authority Carolyn. I wouldn't want to say anything until those minutes, I don't believe we have that authority to say, you know ignore a law that's on the books. Councilman Caimano-I don't know what we did. Councilman Monahan-I'd have to see those minutes. Sometimes you have to even listen to the tape because the minutes are a condensed version. Mrs. Martindale-It was in reference also to the April 15th, meeting that this Town Board had in conjunction with George Ryan's situation. After that meeting which wasn't even advertised because I would have been present it was said that the Town was not going to enforce any measures against people selling produce. I have those minutes right here which this whole Town Board should be well aware of that anyway. Councilman Monahan-What date of the minutes? Mrs. Martindale-April 15th, Special Town Board Meeting held at 5:00 p.m. Councilman Monahan-But, you said a meeting subsequent to that. Mrs. Martindale-I'm saying April 15th, prior to our Zoning Board meeting on April 30th. The Town Board had a special meeting because Pat Crayford went to enforce George Ryan's illegal sales of what the Zoning Board said they couldn't do. Pat Crayford went up there to enforce it and then George Ryan insisted on a special meeting on April 15th, which you all should be aware of and then the Town Board decided that they were not going to press any measures of people selling produce. Councilman Monahan-I'll go back an say what I've said many times that I don't think that George Ryan and some of these other situations are apples and apples. He was there, I believe a site plan review a planning department etc., so I don't think were talking about quite the same things. Mrs. Martindale-We are talking the same thing Betty. George Ryan was granted agriculture use to grow products not to buy and sell. I have the minutes right here it was on May 17th, 1988. Supervisor Brandt-Mrs. Martindale, god give us some time let us get our people in place and we'll address the issue. We certainly have addressed it many times, we haven't resolved it. I'll be the first to tell you, you know that I don't have to tell you. Mrs. Martindale-My concern was with Jim Martin being hired. I know his position on this he has stated it to the family he's been against it even at the Town Board meetings here and I just want to express my concern for his appointment concerning our particular situation. We did present to you in February and all five board members loved our project that we want to build on 149, with the Pancake House and everything else and I'm afraid that he can try and hinder the project. Supervisor Brandt-No he wouldn't. Mrs. Martindale-Okay. Mr. Martin-All I can say in response is that I will deal with this situation fairly and honestly and openly and in consistent with the laws that are on the books. If the laws are not up to what the Town Board would like to see done then at your mandate we can work up some alternatives and make the situation better. Mrs. Martindale-I think what I would ask seeing that Jim Martin is a family member there would be a conflict in the Code of Ethics and I would prefer that the Town Board handle our situation personally. Councilman Monahan-We can't handle it, Carolyn. Supervisor Brandt -Wait a minute. Your jumping to some conclusions read the Code of Ethics and then talk about it. Mrs. Martindale-He should of abstained on the Planning Board. Supervisor Brandt-Does he make money off these things and these decisions if he's making money then he best not handle thern. If he's got his finger in the pie involved in part of the business then he best not handle thern. If he doesn't then when your talking family then it's dependants. That is are his children who he pays for making money on it. It's a complicated law, please read it before you start throwing it out like that because your not doing it right. It isn't what the law says at all your implying things that are not there. Attorney Dusek - I would just like to address one issue since it was raised and that is the fact that Pam Martin is my secretary as you know and Jim is now the Executive Director. Personally, I don't have a problem with that. Nobody is more sensitive to confidentiality than I am as the Attorney for the Town. But, I can tell you this Pam not only is she competent, but she also knows about confidentiality, she's worked for me for four and a half years now in fact, she worked for me before she married Jim Martin. I have the utmost respect for her abilities and I think and I have no reason to believe that she won't continue to do a good job. I don't see a conflict there at all. Mrs. Martindale-Pam is a very competent person, I would agree with that. But, my concern was that what we had discussed in private ended up with Jim Martin being in on your letter, his name was on your letter Paul. Attorney Dusek-Let me say something. There is nothing that Pam would reveal of a confidential nature to anybody. That, I would strongly disagree with any insinuation. Mrs. Martindale-Then how did Jim's name get on your letter? Attorney Dusek-I have no idea, but I can tell you it wouldn't of been Pam. Councilman Monahan-Was a copy sent to Jim because a copy would probably go to the Planning Board. Mrs. Martindale-He had a conference with Jim Councilman Caimano-Way, way of base here. Mrs. Martindale-I don't want to take up anymore of your time, I just wanted to express my concerns. Councilman Monahan- I just would reiterate what Paul said about Parn. I think she is very competent, I think she is very cognizant of her position and the sensitivities of it. In fact, frankly before I even voted for Jim on the Planning Board, I investigated that whole issue of whether or not they could keep the two things separate. Councilman Caimano-Plus they signed the Ethics Law. Councilman Monahan-I am very confident that there will be no crossover, I see no problem at all. Councilman Goetz-I felt it would be discrimination against Mrs. Martin to say that she couldn't have her job because of the situation. Councilman Monahan-I think it would be discrimination. Councilman Goetz-I do too. Councilman Monahan-I think it would a illegal discrimination. Supervisor Brandt-Does anyone else have something to bring to us? OPEN FORUM CLOSED DISCUSSION HELD Discussion held with Ralph VanDusen, Deputy Superintendent of the Water Department, concerning water bills being sent out off schedule. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 534, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on September 28th, 1992 and numbering 92395800 through 92424400 and totaling $456,058.50 is hereby approved. Duly adopted this 28th day of September, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None Abstain:Mrs. Monahan (CWI 000453) Mr. Caimano (Councilman Caimano left meeting) RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 535, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss an assessment case. Duly adopted this 28th day of September, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: Mr. Caimano No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury