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1992-12-07 TOWN BOARD MEETING DECEMBER 7,1992 7:00 p.m. (AMENDED 12/15/92) MTG. #115 RES. 641-645A. TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO RESOLUTIONS DISCUSSION-Town Board requested that the minutes of November 4th and 16th be held for approval until the next meeting. DISCUSSION-Proposed resolution on creating position of Assistant to Assessor, it was noted that the Board wishes to meet with the Assessor to discuss this position. DISCUSSION: Proposed resolution regarding the Cemetery Rates Supervisor Brandt-Should be, we as a Town Board involved in that process? Maybe we should be just to maintain the system as it is going so that there is continuity until it can all be sorted out. Attorney Dusek-The resolution was worded to indicate that the Cemetery Commission had approved a new rate and that came off from their resolution. It is the Cemetery Commission asking the Town Board to approve the rates, the resolution that the Board approves the rates. My opinion and I was careful when I drafted this resolution and Mike I know exactly what you are talking about, and I drafted this resolution with the purpose of just giving your board a say but as to what its legal significance is there is not indication. In my opinion all you are doing is approving, meaning that you agree with it, I do not know that you are approving, meaning that you have to approve under law because if you go back to the Cemetery regulations that are in our book that were adopted in 1954 whatever, those regulations indicate that the Cemetery Boards sets the fees. But, I do not think there is any reason why this Board couldn't approve those fees but what legal significance that has it either has none or it maybe, they could make a case that is it necessary for you to approve it since it is part of the budgetary process then you would obviously be binding yourselves that you do not think that these are a bad fee set up. Supervisor Brandt-Can we say something, a clause in here to point out that we are doing it to accommodate the system the way it has been run and that this is still to be sorted out and we are not taking a legal position that we should be in fact enacting these something to that effect until it is researched...Attorney Dusek, reworded the resolution to reflect the change...Councilman Caimano-questioned when the last increase was and why 10% Councilman Monahan-noted that she believes that it was done 2 years ago and the increase amounts were set in accord with surrounding communities... RESOLUTION TO INCREASE CEMETERY RATES RESOLUTION NO.: 641,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury Cemetery Commission, on December 1, 1992, approved a new rate schedule for the sale of cemetery lots and other cemetery/crematory services, a copy of the same being presented at this meeting, and WHEREAS, the said Cemetery Commission has requested that the Town Board approve the aforesaid rates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the new schedule of rates as requested by the Cemetery Commission but herein notes that there is a question as to whether or not the Town Board must approve this and that by engaging in this act the Town Board does not mean to indicate that it has any authority over setting the rates and will let the law speak for itself. Duly adopted this 7th day of December, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE - HIGHWAY HOSTS, INC. (HOWARD JOHNSON MOTOR INN AND BLACKSMITH SHOP) RESOLUTION NO.: 642, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel and the Town Assessor having made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the tax rolls for the year 1991, as indicated and as follows: HIGHWAY HOSTS, INC. Tax Map No.: Ordered Assessment: Address: 98-1-2 $ 2.9 million P. O. Box 511 Lake George, NY 12845 Duly adopted this 7th day of December, 1992, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 643,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: PLANNING & ZONING: FROM: TO: AMOUNT: 001-3510-4030 001-3510-4110 $ 120.00 (Postage) (Vehicle Repair and Maintenance) 001-3620-4090 001-3620-2001 $ 200.00 (Conference Expense) (Misc. Equipment) TOWN CLERK: FROM: TO: AMOUNT: 01 1410 4400 01 1410 2001 $ 20.19 (Misc. Contractual) (Misc. Equipment) 01 1450 1002 01 14504400 $1,509.92 (Misc. Payroll) (Misc. Contractual) and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 7th day of December, 1992, by the following vote: AYES :Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None (COUNCILMAN CAIMANO-LEFT THE MEETING) DISCUSSION-Proposed Resolution concerning abaondonment of Delaware and Hudson Railroad Spur Track-Town Attorney reviewed the proposed abandonment...Councilman Monahan-requested that no action be taken until the County and City have been contacted, as to what their desire is.... Supervisor Brandt -also noted that the Environmental Committee is working on the bike trail, we should ask for their input... Councilman Tucker-Questioned the fee that was paid for the easement...Attorney Dusek-A licensing fee, I am looking for a permanent easement ... Councilman Monahan-What are out rights as far as the sewer line? Attorney Dusek-It is a license and that means that they can revoke it. Supervisor Brandt-I will communicate with the Environmental Committee and Warren County Recreation.. . (COUNCILMAN CAIMANO-ENTERED THE MEETING) DISCUSSION-Blake Sewer Connection-Mike Shaw, Director of Wastewater, noted that a public hearing was held on Sept. 28, 1992 which was left opened for Robert Blake Sewer Connection Variance, 335 Ridge Road...the hearing was left open for 60 days to allow Mr. Blake time to acquire an easement from the Eleanor Backon estate to connect the sewers, Mr. Blake has indicated that he has the easement and will do the connection... Councilman Tucker questioned Mrs. Pallozzi concerns? Mr. Shaw-noted that was a different situation, there was a variance for 337 Ridge Road, part of Eleanor Backons Estate, a contractor was secured by the Backon Estate to do the connection, prior to that it was discovered that her connection is a foot off the neighbors property (Mrs. Pallozzi) I informed her of that and also the contractor, Mrs. Pallozzi was notified that some damage may be done to her lawn and they are currently trying to get some kind of settlement. The Board requested that Mr. Shaw makes sure that whatever deal is made between the contractor and Mrs. Pallozzi that they both agree and the Town has it in writing. Mr. Shaw- In these types of situations I have been trying to back out of it, so far the contractor has been taking care of the problem, I did not think that the town should get involved as far as neighbor problems or easement problems...Noted that there are several that have not connected to the sewers yet, I am working on them one by one, I will have a report in a couple of days ... Councilman Goetz, questioned the status of Mr. Merrill...Mr. Shaw noted that Mr. Merrill will be getting the estimates and proceed with the variance request...another one is Howard Carr for Queensbury Factory Outlet Plaza you gave him a deadline of the 16th of November, it has been discovered that there was a major storm line going through his property, he got ahold of his engineer C. T. Male and they have redrawn the plans, he has asked to rebid on that...1 have tried to contacted Mr. Carr but he has not responded to date...Attorney Dusek-Noted that notices will have to be given to notify Mr. Blake of the hearing..date set at December 28th, 7:00 P.M. OPEN FORUM No one spoke ATTORNEY DUSEK-requested permission of the Board to hold a Special Town Board Meeting tomorrow night to set public hearings on sewer rent laws and other year end business... Supervisor Brandt-indicated that there will be a discussion on funding for highway improvement grant...also discussion on one year contract with North Qsby. Fire Dept. Supervisor Brandt-Noted that by the end of the year the city contract in regard to the landfill expires... RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 644, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that Audit of Bills as appears on Abstract Dated 12-7-92 and numbered 92512299- 92539202 and totaling $222,788.40 and be it further RESOLVED, that voucher numbers 5322 and 5279 are hereby pulled from the audit as reflected in the above total. Duly adopted this 7th day of December, 1992 by the following vote: A YES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Ciamano, Mr. Brandt NOES: Mrs. Monahan (000896) Mr. Caimano (000896) ABSTAIN: Mrs. Monahan Voucher 5171 Mr. Caimano Vendor # 00127 DISCUSSION: Attorney Dusek-On QEDC Sewer and Hiland Sewer, my understanding is that you put them in the budget but that the revenues that are in the budget too that are to be raised like all other town taxes which is an advalomm basis those two should be done on a sewer rent basis, the O&M. I would like to give you a resolution tomorrow night which would amend the budget that you adopted, the Hiland Park and QEDC Revenues out and authorize it by the sewer rent.... Councilman Caimano, requested that the News Media be notified of the agenda...Attorney Dusek-noted that he has not received the proposed budget from No. Qsby. on how their monies will be spent. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 645, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board hereby moves into Executive Session to discuss personnel and litigation. Duly adopted this 7th day of December, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION ADJOURNING FROM EXECUTIVE SESSION RESOLUTION NO. 645a, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board hereby adjourns from its executive session and moves back into regular seSSIOn. Duly adopted this 7th day of December, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE ON MOTION THE MEETING WAS ADJOURNED. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury