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1993-06-28 REGULAR TOWN BOARD MEETING JUNE 28, 1993 7:00 P.M. MTG#48 RES#373-383 B.H. 23-24 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN OFFICIALS Jim Martin PRESS GF Post Star, Moreau Sun PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Supervisor Brandt -Opened the meeting. EXECUTIVE DIRECTOR, MR. MARTIN PRESENTED RESOLUTION OF APPRECIATION TO DICK WILLETT, DOG CONTROL OFFICER Executive Director, Mr. Martin-I have the pleasure tonight of recognizing an employee who has been with us nearly thirteen years and is retiring July 4th, 1993. He has been with us since September 22nd, 1980, that's Dick Willett our Dog Control Officer. The following resolution was read into the record. RESOLUTION NO. 373, 93 INTRODUCED BY THE ENTIRE TOWN BOARD WHO MOVED FOR ITS ADOPTION WHEREAS, Richard Willett who will retire on July 4th, 1993 and served the Town of Queensbury since September 22nd, 1980, and WHEREAS, Richard Willett has been an asset to the Town through his contribution as a Dog Control Officer and for his extended duties of delivery articles for all Town Office Building Departments, and WHEREAS, during his tenure as an employee of the Town Richard has provided a service for the Town and that as an official of this Township he has taken his duties seriously and with dedication, and NOW THEREFORE BE IT RESOLVED, the Town Board on behalf of the residents of the Town of Queensbury wishes to express its deepest appreciation to Richard Willett as a valued employee with this resolution the Town Board extends warmest and best wishes to Richard and his wife Sadie, and may they enjoy many satisfying years of well earned leisure. Duly adopted this 28th day of June, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 374, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 28th day of June, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES FROM THE SANITARY SEW AGE DISPOSAL ORDINANCE FOR NEIL P. AND JUNE M. HAVERLY RESOLUTION NO.: 23, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Neil P. and June M. Haverly have applied to the Local Board of Health of the Town of Queensbury for two variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standards providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pits 150' 10' and WHEREAS, Mr. and Mrs. Haverly have indicated a desire to place the seepage pits: 1) 100' from the Lake George shoreline; and 2) 4' from the property line addressing the roadway; rather than placing the pits at the mandated 150' and 10' distances, respectively, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on July 12, 1993, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two variances of Neil P. and June M. Haverly to place the seepage pits 100' from the Lake George shoreline and 4' from the property line addressing the roadway, rather than placing them at the mandated 150' and 10' distances, respectively, on property situated on Rockhurst, the fourth house on the north west side, Town of Queensbury, New York, and bearing Tax Map No.: Section 15, Block 1, Lot 20, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE Councilman Monahan-Questioned raised regarding agent signing sheet that says owners relieve the Town from any liabilities, not sure whether agent can sign this or homeowners. Executive Director, Mr. Martin to contact Attorney Dusek regarding this. Questioned raised regarding the four feet back from the road asked if blacktop is edge of road? Executive Director, Mr. Martin to look into this. RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 24, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 28th day of June, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None RESOLUTIONS RESOLUTION CONCERNING PAYMENT TO MORSE ENGINEERING FOR REVIEW OF HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO. 375, 1993 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, authorized the retention of the services of Morse Engineering, PC for purposes of providing professional services and assistance with regard to a SEQRA scoping session on the Hudson Pointe Planned Unit Development, and WHEREAS, the Agreement with Morse Engineering provided that fees would be earned on an hourly basis and that the maximum amount of fees that would be paid for the services would not exceed $4,400.00 without the approval of the Town of Queensbury and the developer who had agreed to pay the fee, and WHEREAS, the Town Board has been advised that Morse Engineering has submitted a voucher which exceeds the amount approved for payment by $1,937.50, and WHEREAS, the developer has been notified that the engineer has exceeded the amount allowed and Alan e. Oppenheim, on behalf of the Michaels Group, has indicated that payment may be made to Morse Engineering for the services rendered, and WHEREAS, the Town Board of the Town of Queensbury notes that the developer is obligated to pay all costs of the services rendered and that the developer has agreed to pay the additional cost incurred for Morse Engineering's services and that no costs will be incurred by the Town therefor, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment of the services of Morse Engineering, at an amount not to exceed $6,337.50 for all services rendered by Morse Engineering to date, conditioned upon, however, the developer paying to the Town an additional sum of $1,937.50, which sum shall be deposited in the escrow and withdrawn for purposes of making complete payment to Morse Engineering, PC, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to arrange for deposit of the sum of $1,937.50 in the escrow account when received from the developer and thereafter to arrange for payment to Morse Engineering for the services rendered from the appropriate accounts. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING AMENDMENTS TO C&D AGREEMENT RESOLUTION NO. 376, 1993 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously authorized the use of a C&D Agreement, on or about June 24, 1993, and WHEREAS, the Town Attorney has recommended the following changes to the Agreement: (1). That the Town of Queensbury's obligation to accept solid waste is terminated when the Town Landfill is filled, receives 150,000 cubic yards of C&D solid waste, etc., or "and/or other commitments that require the Town to limit the amount the DISPOSER may bring (so the Town does not exceed a total of 150,000 cubic yards at the Landfill)" for the same, said change appearing in paragraphs A(1) and in paragraph 4(D), and referred to later in 4(D), (2). additional language that indicates no liability in the event of court action, said addition appearing at end of paragraph 4 B, and (3). additional language that indicates no liability for delays, said addition appearing as paragraph 6J. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves these further amendments, and BE IT FURTHER RESOLVED, that this and any other resolutions concerning the C&D Contracts shall be deemed to approve the form of the Contract and not intend to bind the Town of Queensbury without the Town Supervisor having first determined it is appropriate to enter into the Contract considering, among other things, quantities offered to be delivered and space remaining at the Landfill. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: Mrs. Monahan ABSENT:None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO.: 377, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Bay Fireworks, Inc., on behalf of Karamatt Broadcasting - WKBE Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: Karamatt Broadcasting - WKBE Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1993 TIME: 9:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provides: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan NOES:None ABSENT:Mr. Brandt ABSTAIN:Mrs. Goetz (Supervisor Brandt left room. Councilman Goetz removed herself from Board table) DISCUSSION HELD BEFORE VOTE Councilman Monahan-Noted she checked with the Town Clerk and the insurance is for a company licensed to do business in the State of New York. RESOLUTION ESTABLISHING COMMITTEE TO STUDY THE NORTH QUEENSBURY SEWER DISTRICT RESOLUTION NO.: 378,1993 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Supervisor advises that on June 11, 1993, a meeting was held with representatives of various organizations and commissions concerning the proposed North Queensbury Sewer District, said district intended to serve the residents along the shores of Lake George, and WHEREAS, at said meeting, following an in-depth discussion of the problems of the proposed North Queensbury Sewer District, the history of the attempts to solve the problems, and the possible ways to progress towards a solution, the representatives agreed in theory, to form a formal, working committee to study the North Queensbury Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates and appoints a North Queensbury Sewer District Advisory Committee to review the alternatives available for the district, review the engineering work done to date, review the legal constraints, and advise the Town Board of their opinion regarding the best answer(s) available for the community, and BE IT FURTHER, RESOLVED, that the Committee be composed of one delegate and one alternate representing the following: ORGANIZATION/GROUP SUGGESTED DELEGATE NYS Dept. of Environmental Conservation William Lamy Lake George Park Commission Michael P. White Warren County Department of Public Works William Remington Town of Queensbury Michel R. Brandt Lake George Association Mary Arthur Beebe Queensbury Environmental Committee Thomas Jarrett Assembly Point Association Dennis MacElroy East Side Property Association Karl Kroetz Pilot Knob Association George Reger Otyokwa Corporation David Phaff Pickle Hill group Richard Merrill Queensbury Health Officer Dr. Robert Evans Dunham's Bay Association John Salvador, Jr. and BE IT FURTHER, RESOLVED, that the Committee is requested to publish notice of its meetings and hold all meetings such that they are open to the public. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL RESOLUTION NO. 379,1993 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for #2 fuel oil, pursuant to Town of Queensbury Specifications, and WHEREAS, the firm of Mabb Oil Co., of PO Box 63, Hudson Falls, New York, has submitted the lowest bid for heating oil for all locations, except at the Queensbury Landfill, and WHEREAS, the firm of Hometown Oil Corp., of 157 Main Street, Warrensburg, New York, has submitted the lowest bid for diesel oil, and WHEREAS, the firm ofB&B Fuels, of9 Horicon Avenue, Warrensburg, New York, has submitted the lowest bid for Kerosene, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen M. Dougher, Town Clerk, and A. Peter Brault, Superintendent of Building & Grounds, have recommended that the bids be awarded to the aforesaid bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for heating oil and diesel oil for all locations, except the Queensbury Landfill location, to Mabb Oil Co., diesel oil is to be awarded to Hometown Oil Corp., and the bid for kerosene is to be awarded to B&B Fuels, and that said #2 fuel oil, diesel oil and kerosene be paid for from appropriate accounts in each department from the 1993 - 1994 budgets. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSIONS Voluntary Action Center Ed Murray, Board President, and Sharon Montinao, Executive Director Presentation made by Ed Murray and Sharon Montinao to the Board asking the Town to reinstate the financial support that they had in 1992. It was the decision of the Town Board to take a look at this at a later date. DISCUSSIONS SMALL CITIES GRANT APPLICATION Executive Director, Mr. Martin-Spoke to the Board regarding an application for Small Cities Grant. Noted that the annual meeting was held for the Small Cities Funding round coming up for this year. The submission deadline is going to be August 11th, 1993 and is funded at 41 million dollars which is a substantial increase over what has been the funding levels in the past. The funding levels are the same for each pot. There are two pots of money the Single Purpose Program and the Comprehensive Program. The Single Purpose Program is funded at $400,000 the Comprehensive Grants are at $600,000, and new this year is Comprehensive Grants up to $900,000. The three eligible uses of the funds are the same as they have been housing, either creation of or rehabilitation of, economic development and public facilities. Thinks the Town is in an unique position in that the Town has a very viable application in assistance to economic development, more specifically the AMG Corporation that is about to move into the Technical Park. It is rare that you get a competitive application thinks it would rate very well. The Town is in a position that is commonly referred to as the up front bonus points percentage of poverty and so on would rate us very high. That would work in your favor in the event that you come to a tie on your impact score which takes up a lot of your rating the bonus points can push you over the funding top. The AMG project is going to create 50 to 60 new jobs. The private financing is in place which would make up most of the deal, thinks it's in the neighborhood of a million five. I just think it's a very competitive grant and the money would be repaid back to the Town kept for the Town to use as we seem fit in terms of Title One Eligible Activities of the Housing and Community Development Act. Councilman Goetz-Questioned if the Town was applying for the single purpose? Executive Director, Mr. Martin-Yes. Councilman Monahan-Questioned if there was interest involved when the loan is paid back? Executive Director, Mr. Martin-Yes. Stated the interest rate is usually at the market rate and the interest is also something you would keep. Noted when the money is paid back it falls into two classifications. One is program income the other miscellaneous revenue. As long as you have an open and active grant through HUD then the income back to the Town is called program income subject to all the rules and regulations as the grant is. Once it's deemed miscellaneous revenue that's what happens after the grant is closed out then you have to spend it along the regulations of the title one of the act. Councilman Monahan-Questioned what type of things would qualify as public facilities? Executive Director, Mr. Martin-Public facilities would be replacement off ailing sewer lines, water lines, contribution to construction of a sewer plant, water plants things like that. Councilman Goetz-Questioned if the money is granted would the industry be restricted as to how they could use it? Executive Director, Mr. Martin-The loan would have to be adequately secured either through security of the building itself or fixed equipment. In this case, believes it would be equipment and a small portion also would be for working capital. But, believes a lot of it would be the equipment side so you get a real asset in this case if the loan did go sour you would have a security position on that equipment. The thing about the money it's usually subordinate to any private financing, your in a second lien position that's acceptable, but they still want some security even if it is subordinate to a private lender. Supervisor Brandt-Noted that you would have to set loan eligibility standards of some kind. Executive Director, Mr. Martin-Those are already guidelines that are laid out by the program. As we get closer to the funding deadline we'll have more information about the particulars about the application in this regard. Recommended and has already spoken with the QEDC about this, that a private consultant prepare the application. An application of this type requires a certain expertise to structure the deal properly. Councilman Monahan-Questioned the fee for a private consultant? Executive Director, Mr. Martin-Noted in the range of $5,000. Has spoken with AMG and they are interested in putting up the money for half of that cost and thinks QEDC the other half. Councilman Tucker-Asked Executive Director, Mr. Martin to get some estimates for having this done. The following resolution was passed. RESOLUTION SETTING PUBLIC HEARING FOR SUBMISSION OF PROPOSED SMALL CITIES GRANT APPLICATION RESOLUTION NO.: 380,1993 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the U. S. Department of Housing and Urban Development will be accepting applications for the Community Development Block Grant Small Cities Program, and WHEREAS, the aforementioned Small Cities Program makes funds available for providing assistance to new and expanding corporations in the support of job creation and expanding local tax base, and WHEREAS, the Town of Queensbury intends to submit an application for Small Cities Funds to assist the AMG Corporation in their proposed expansion within the Queensbury Economic Development Corporation Technical Park on Dix Avenue, Queensbury, and WHEREAS, the regulations relating to proper submission of a Small Cities Grant Application require a public hearing explaining the Program guidelines and the proposed use of the Grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard and obtain information regarding the proposed Small Cities Grant application, described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on July 26th, 1993, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice. Duly adopted this 28th day of June, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None PRESENTATION ROUTE 149 STUDY Executive Director, Mr. Martin-Made presentation to the Board regarding the Rt. 149 corridor study. Presented Board members with copies of the Rte. 149 study. Noted that copies would be available in the Town Clerk's Office and Planning Office, and Library for the public to take out at their convenience. Public meetings regarding this study to be held at a future date. DISCUSSION HELD Supervisor Brandt-Noted he has received a letter from Judge Muller requesting the Board to reconsider the allocation of the clothing expense for Court Clerk, Mr. Donovan. It was the decision of the Town Board to pass the following resolution. RESOLUTION APPROVING CLOTHING ALLOWANCE RESOLUTION NO. 381, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Supervisor Brandt-I think we could just move it as a Board, and say move to pay the payment of the bill as submitted. I'll move it. Councilman Caimano-I'll second it. Duly adopted this 28th day of June, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Supervisor Brandt-Stated that the Town Board on Thursday night had a road tour with Highway Superintendent, Paul Naylor. Noted they are well along resolving any problems between the Board and the Highway Superintendent, doesn't think there is any problem at all at this point. Have come to a conclusion on which roads have to be paved. Councilman Goetz-Noted that they agreed at the end of the tour that each Ward would pick their roads. But, if the Town does receive Chips money then they would go ahead with the total recommendations from the Highway Superintendent. Board to prepare two lists one with Chips money, one without. Councilman Monahan-Questioned if the Board would be willing to go ahead and pay the Peckham Material bills that were pulled from the Audit at a previous Board Meeting? Supervisor Brandt-We should. RESOLUTION AUTHORIZING PAYMENT HIGHWAY - PECKHAM MATERIALS RESOLUTION NO. 382, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Councilman Monahan-I'll make the resolution. The two bills of Peck hams that were pulled will now be authorized for payment. Councilman Caimano-I'll second it. Duly adopted this 28th day of June, 1993 by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None OPEN FORUM Lillian Adamson-Spoke to the Board regarding the Assessment. Has spoken with Helen Otte, Town Assessor and Mike Swan at the County regarding the Grievance Board deliberations. The Grievance Board has not finished their deliberations have found that it is not a legal requirement that they finish by the first of July. Asked if a notice could be put out in some way notifying the public regarding the delay of filing of the assessment role. Supervisor Brandt-To have his office and assessors office put out an article regarding the assessment. Supervisor Brandt -Mike Young your here, come up and talk to us. I heard that based on resolutions on fireworks that were approved here as it's set up right now there can be no fireworks at West Glens Falls is that correct? Mr. Young-Well, that's what I was told. I got a hold of my insurance company here is the girls name, you people can call, she said they are a sub-carrier in New York State...... Supervisor Brandt-They are licensed to do business in New York? Councilman Goetz-Don't you think he should be going up there? Supervisor Brandt-Why don't you talk right into the microphone, it will be part of the record of the meeting. It's awfully important because we put up some money for this and, I'm not sure what the problem IS. Mr. Young-Neither am I, really. I was told that the insurance policy that I produced you people is no good. Councilman Goetz-Who told you? Mr. Y oung- When I went and dropped it off to the Town Clerk today. I've been using this for the past six years. Councilman Goetz-When you say not good, was there something specific? Mr. Young-Supposably they weren't a carrier in New York State the insurance was no good in New York State. Well, then I got a hold of the insurance company in Chadwick and they said, yea they've gone through this before. Councilman Goetz-That means they are licensed in New York State? Mr. Y oung- Yea. There is a number up on there, I'm not sure what they use it for. The girl, Lisa Garrett it would probably be best to talk to her cause it's all legal jargon. I don't want to get into it myself, she'll explain it to you. Councilman Tucker-You supplied the same insurance certificate to the Town for six years? Mr. Young-This is going to be my third year for doing it for the Town of Queensbury. Councilman Tucker-And you were never questioned on it before? Mr. Young-Never. Councilman Tucker-What is the reason he is being questioned now? Councilman Monahan-It's my understanding any other year this has never come through the Town Clerk's Office. It's always gone through the Attorney's Office and apparently that's why the insurance was not checked. On the other hand, when I found out today cause I just found this out today, that this company was not licensed to do business in the State, I did checked our own insurance carrier to make sure we also had the protection of our own insurance which we do in this case. Councilman Goetz-Would that apply to anybody that wanted to have fireworks? Councilman Monahan-What? Councilman Goetz-Anybody that wants to have fireworks when they come to the Clerk's Office, does she use certain criteria? Councilman Caimano- Yea. Councilman Monahan-That is licensed to do business in the State of New York which she checks by calling our insurance carrier. See, this normally has not come to her before... Councilman Goetz-Right, yea. Councilman Monahan-And that's why this came out of the blue. When I found out about this after making sure the other company that was here is an approved company, I called our insurance carrier who said that our own would cover as far as the Town is concerned. I'm talking, we'll have protection through our own for ourselves. Councilman Tucker-I would think it should even if you had a company, well, no there is a fund established isn't there. Councilman Monahan-That's the importance of having them licensed to do business in the State of New York. Councilman Tucker-We're you in charge of the fireworks when the little guy got hurt? Mr. Young-No, that's something I'd like to explain, too. That gentlemen was out of Malone, New York, he's Galaxy Fireworks. His insurance company was the same as mine and I even talked to the girl about that. In the beginning when I started doing this, that company did not want to produce an insurance certificate for this because a child was hurt. But, I went through the whole chamille with them, I told them, I guaranteed them, I sent them maps of where I am and everything. I'm way back in the woods, I have to go through trees and everything. I'm more than five, six hundred feet back from the people. Now, there are State and Federal Laws that say you only have to be, like, two hundred feet from where the people are. I have at least doubled that and what-not. Everything I use we've tested before, we know how it works, we know it's not going to come to the ground or chase people around. This gentlemen, I know of him, he always doesn't do that. That's one thing, we're not out to hurt anybody. Councilman Tucker-I understand. What did they do on that case, they settle it? Mr. Young-They paid it, because I talked to them about it. Supervisor Brandt-It's the same insurance company? Mr. Young-Yea. They said that's bridge under the water. You know, I'm somebody else, they like me, that's why they are still insuring me. I also don't buy a full years worth of insurance, it's outrageous, these people issue single shot deals on it. Councilman Tucker-You got it for what, twenty-four hours or something like that? Mr. Young-Actually it's good for one year, but it's for one show. Councilman Goetz-So this means, I just want to review this in my own mind because I think it should be consistent. Anybody that does a fireworks display in the Town of Queensbury has to be insured by a company that's licensed to do business in New York State. In addition we have something else that protects the Town? Councilman Monahan-Only when we're an interested party. In this one here we are an interested party because we're the sponsor of these fireworks. Councilman Goetz-So, it's only because we put the money up towards it? Councilman Monahan-That's right. Supervisor Brandt-In otherwords, West Mountain couldn't do it, but these guys can is that right? Isn't that what I read that the Board did, I wasn't here I went in the other room. But,...to West Mountain, but hell no now you've found out you really screwed West Glens Falls in the process, so you've got to back off. Councilman Monahan-Nobody screwed West Glens Falls in the process. Councilman Caimano-Nobody screwed anybody. Supervisor Brandt-You turned down West Mountain didn't you? Councilman Caimano-No, when? Councilman Goetz-I don't think they turned it... Councilman Monahan-We said that West Mountain it was the decision. Supervisor Brandt-I was told when I asked the Clerk what the Board did I was told the next day that West Mountain could not have their fireworks because the insurance company was not licensed in New York is that true? Councilman Caimano- No. Councilman Monahan-What we said was.... Supervisor Brandt-Why did they get told that then? Councilman Caimano-We voted tonight, we passed it tonight. Supervisor Brandt-West Mountain changed their insurance carrier because of the discussion this Board had the other night. Councilman Caimano-Because it was brought up to us that we had to look at that insurance company that's why it was done. Councilman Monahan-The resolution for that permit.... Supervisor Brandt-That certainly isn't the communication that came out of here. Councilman Caimano-Wait a minute, wait a minute... Supervisor Brandt-I just don't want second rate citizenship here because I'm the Supervisor that's all. Councilman Caimano-We're not having second rate citizenship for anybody. We're being very careful here all it takes is once. We have insurance for accidents, accidents by definition are things that aren't planned. All we're doing is trying to protect it. Supervisor Brandt-This is the same carrier that was presented by the people that were going to do the fireworks at West Mountain now they are here for this suddenly I hear a whole change, what's going on? Councilman Caimano-Because there is more learned. Supervisor Brandt-I see. Councilman Caimano-Jesus Christ, I don't know anything more about it than you do. Supervisor Brandt-That's what I say, Jesus Christ. Councilman Caimano-I don't know anything more about it than you do all we do is keep asking questions. Supervisor Brandt -Yea, I know it I know how it goes. Councilman Caimano-We could always turn it down. John Salvador-(tape cannot hear) Supervisor Brandt-We have all that we had that before. Councilman Monahan-The resolution for the fireworks at West Mountain says, proof of insurance be received and that's what the one we had the other week... Councilman Caimano-Exactly the same thing. Councilman Monahan-Which demonstrates insurance coverage through an insurance company licensed in the State of New York. Councilman Caimano- That's all it says. Supervisor Brandt-The people that are doing it as West Mountain changed insurance companies they had the resources to do that and they gave you a new certificate... Councilman Monahan-That's right. Supervisor Brandt-And they were with this same company that we're talking about here and now. Councilman Caimano- I have no idea. Supervisor Brandt-Well, I do. I bet you if you look in your records you'll find it. I'll bet you you'll find the certificate of insurance the same company. Councilman Caimano-Let me just assure you of something just so you understand. I did not look at this thing.... Supervisor Brandt - I know how clean and how lack of politics there are I've seen it for a long time. Councilman Caimano- I resent that. Supervisor Brandt -So do I, so do I. Councilman Caimano-We looked at this thing very very carefully it had nothing to do with politics, nothing, unbelievable. Supervisor Brandt-It's not unbelievable it happened it's not unbelievable at all. Councilman Caimano-We handled this exactly as we should of handled it. Supervisor Brandt-It's the same insurance carrier... Councilman Caimano-Fine we're trying to handle this thing properly. You have looked at other things in one night looked at them and said no and then when you studied them again you said yes. There is nothing political about this we're trying to make sure that nobody gets hurt. Councilman Monahan-I will say this that another year the direction is going to out very clearly as far as I'm concerned if I'm involved that any fireworks regardless of whether the Town sponsors or not will be covered by a company licensed to do business in the State of New York. Had anybody known this... Supervisor Brandt-If these people are not then they cannot have their fireworks is that what your saying right now? Councilman Monahan-No, I said another year. This came to us today as I said, apparently I don't know it does not normally come through the Clerk that's why this Board was not apprised to this. Supervisor Brandt-Everyone of these things goes through the Clerk that's your law. You always have to bring a certificate of insurance to the Clerk, always that's your law it's not new. This is the same company you weren't able to do business with before now are we able to do business? Councilman Monahan-I would say only because the Town has other insurance to protect the Town and that's why. Supervisor Brandt-Does that protect the people or does that protect the Town? Councilman Caimano-Both. Unknown-What's he is saying he called the insurance company and they told him they were valid in the New York. Councilman Caimano-We're finding information out all the time. Mr. Young-They are. Councilman Monahan-If they have that information it needs to be sent to this Town that they are licensed to do business in the State of New York they need to send some affidavit to back that up to the Town. The checking that was done showed that were not licensed so if they've got anything else to disproof that they need to send that information to the Town. Mr. Young-Kathleen Kathe last year, I had a little bit run around the same deal she contacted them talked to this girl and she straightened everything out. I kind of went through this with you people last year. Councilman Goetz-I think Betty is saying it needs to be in writing. Councilman Monahan-I was not aware of this last year. Mr. Young -It did come up, I remember it. Councilman Monahan-Kathleen may have handled it in her office I was not aware of it. Councilman Caimano- The point is both places are going to have their fireworks and both are insured. Supervisor Brandt -Yep, different companies. Councilman Goetz-Are you suggesting we shouldn't just accept the phone number that it should be in writing? Councilman Monahan-I would suggest they would send the information that they have to show that they are licensed to do business in the State of New York. Mr. Young-Could you people call then can maybe like fax you something? Supervisor Brandt-Be glad to have Betty handle that. Mr. Y oung- There is a number right there, an account, the number. Mr. Young-I'm not going to call and start bugging these people to much cause I don't want them to get mad at me. This is a very special insurance you just can't walk across the street and say, I want a million dollars for insurance they are going to laugh at you. Councilman Caimano-What really bugs me everybody here knows how I feel about fireworks anyway. I could easily have sandbagged the thing by just voting no. Councilman Tucker- Y eh. Councilman Caimano- That's why I'm offended at that. Councilman Goetz-I do think the burden is on the applicant and they may be able to fax something to the Clerk's... Mr. Young-She said talk to her she'll explain everything to you. Councilman Goetz-The point is, I think you should be the one that's contacting the company because your the applicant. Councilman Tucker-Lady, this is going to happen July 3rd. Councilman Goetz-I know. Councilman Tucker-Can they go ahead with their fireworks as long as the Town is protected? Councilman Monahan-That's why I checked to make sure of that today Pliney. My feeling would be yes. I still want to look into this in case we have any incorrect information on this company. If they are not licensed to do business in New York State all I'm going to say is another year whoever puts on that display in West Glens Falls should definitely have a company that is licensed to do business in the State of New York. Supervisor Brandt -Are you saying by that if their not licensed in New York that we will allow it? Councilman Monahan-Because of the fact that we have other insurance Mike, yes. Because of the fact that July 3rd is coming up and this cropped up today I think it's a little late. If we didn't have the other insurance I would say it should not be allowed. Since we have insurance that protects us protects the people in this Town, I feel that in this instance yes. But, now that we know the problem and I don't know where the snapple has been why this wasn't caught earlier and that's another thing I'll try and find out. I say in future years any vendor that plans on doing this for the Town that should be part of the contract with that vendor. Supervisor Brandt-Okay. Carolyn Martindale-Why should the Town have to back up applicant on insurance the applicant should have his own insurance. Why should the Town, taxpayers...back it? Mr. Martindale-Is it a separate insurance policy? Mrs. Martindale-The Town is never liable for anybody else's problems. Supervisor Brandt-I guess we're kind of in open forum anyway's. Mr. Salvador-The certificate of insurance can be a very general thing. I think what you need is a certificate of insurance that names the event and holds the Town harmless. Mr. Young-It does. Supervisor Brandt-It does. Councilman Monahan-We do have that. Supervisor Brandt-The only question is this insurance company licensed to do business in New York State and that's a specific requirement of this Board in its resolution. Apparently that wasn't met and so there was some concern that they would have to cancel their fireworks. All, I'm looking for is a decision equal for everybody the same so everybody fits under the law and we don't have it one way for one guy and it depends on who you are. Supervisor Brandt-Any other input from the public? Councilman Tucker-Is this gentlemen going to be able to have his fireworks? Supervisor Brandt-I don't know you've got to tell me I wasn't in those discussions you guys handled it. I had a conflict of interest or perceived to be so I stayed out of it. Mrs. Martindale-Everybody else has to have a license to do business legally why should there be any exceptions to the rule? Councilman Monahan-We're not talking about a license to do business Carolyn. Mrs. Martindale-This is to protect the Town so that they can't come back on the Town they should have the proper insurance. If he's got it fine if he doesn't got it then it shouldn't be granted. Everybody has to be protected through their own business for their operations within the Town. Mr. Young-I can't even do business without insurance because I deal in explosives. I'm all federally licensed and everything. I get checked by the FBI and everything. If I don't have license and insurance on my truck I'm gone they put me injail and throwaway the key that's what happens to me. Supervisor Brandt-I take it we're going to have a fireworks display is that what I'm hearing? Councilman Monahan-As far as I'm concerned. Supervisor Brandt -You guys got to conduct this piece of business I'm not in it. Councilman Caimano- What you say Betty? Councilman Monahan-As far as I'm concerned? Councilman Caimano-Fine. Councilman Tucker-Can he go forward? Councilman Caimano- Yes. Councilman Goetz-I'm participating in this aspect of it because I don't think it's a conflict of interest for me to talk about it since it's funded by the Town. I'm satisfied the hold harmless clause is there so we're going to have fireworks. Councilman Tucker-Mr. Young if you come back next year have to have proof positive alright? Mr. Young-I'll have it in writing. Councilman Monahan-And the certificate in early. Mr. Young-Thank you. John Salvador-Spoke to the Board regarding the Tourism Meeting at the County that they will be discussing the very same thing in regard to their events that they are sponsoring through the Town. Spoke to the Board regarding the North Queensbury Sewer Study, questioned if a schedule have been done for this? Supervisor Brandt-No, noted the committee has just been established. Mr. Salvador-Questioned if Supervisor Brandt will chair the meeting and have the benefit of technical expertise? Supervisor Brandt-Will chair the meeting. Warren County is making available under their contract Clough Harbour to bring all technical data that has been generated so far in this whole project. They will work with the project until it comes to a conclusion. Mr. Salvador-Spoke to the Board regarding a letter received from Dave Hatin, Director of Building & Codes regarding the Harris Bay Yacht Club. Executive Director, Mr. Martin-Recommended that this matter should be revisited again between the Attorney Dusek and Mr. Hatin. Mr. Salvador-Noted that the Lake George Park Commission will be discussing at their meeting tomorrow the Waste Water Management Agreement, gave Supervisor Brandt copy of letter he sent to Mike White regarding this matter. DISCUSSION HIGHWAY DEPARTMENT Supervisor Brandt-Discussion held on paving of roads. If the Town went with $81,000 something like that in Wards One and Four we would be covering what absolutely had to be covered maybe a little bit more. Ward Two, took roads I identified came up with $32,000. Ward Three, $50,000 because Gurney Lane Road takes up so much. Whether you do half of Gurney Lane as we discussed and do other roads, all of this came out to $245,000 that we are working with. Councilman Caimano-Noted it was fine to do half of Gurney Lane and the other half next year. Roads to be done Fox Hollow Lane and everything else except for Burke Drive. Councilman Monahan-Questioned if there was anything we could use for some of the big projects since we're not going to get Chips? Supervisor Brandt-Noted they could put surplus in but, before we can analyze that part for paving need to look at what the Peggy Ann Road project will cost, waiting for designs on that probably won't be in until next week. Councilman Monahan-Questioned in Ward Four if Luzerne Mt. Road and Clendon Brook Rd were included? Councilman Tucker-Roads on list. Luzerne Mt. Road, Clendon Brook Road, Alta Avenue, Nathan Street, Arberger Drive, Ogden Road, Vermont Avenue, Pine Street. Noted the only one they could look away from would be Pine Street. Councilman Goetz-Roads on list. Both sections of Meadowbrook and Cronin Road. Supervisor Brandt and Councilman Monahan held discussion concerning roads in Ward One. Councilman Monahan-Agreed to Antiqua Road. To look at McCormack Drive and Mannis Road. Supervisor Brandt and Councilman Tucker held discussion concerning roads in Ward Four. Deleted some roads on his list, noted that if he had to choose that Luzerne Mt. Road would be the one to do. Supervisor Brandt-To give list to Highway Superintendent. Councilman Goetz-Asked if the Highway Department is asking to purchase a mower. Supervisor Brandt-Noted that Mr. Naylor ask to purchase a $2,000 mower, has met with him and suggested to him someone who knew that type of mower might be able to help him. Highway Department is going to try and communicate with Paul Brandt to see if he could tell him how to adjust the mower. Asked the Board if they would be in agreement for the purchase of the mower, it was noted all Town Board members were in agreement. Supervisor Brandt to communicate this to Mr. Naylor. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 383, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss two personnel matters. Duly adopted this 28th day of June, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury