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1993-11-22 TOWN BOARD MEETING NOVEMBER 22, 1993 7:00 P.M. MTG #84 RES 701-708 BH 54-55 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN (entered meeting 7:03 p.m.) SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS PAUL NAYLOR, JAMES MARTIN PRESS: GF Post Star, Moreau Sun Supervisor Brandt called meeting to order ... RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 701, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enter as the Queensbury Board of Health. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mr. Caimano, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mrs. Monahan QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. RICHARD A. DOTY RESOLUTION NO. 54, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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, Mr. Richard A. Doty has 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 standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Absorption Field 100' " 20' " " and WHEREAS, Mr. Richard A. Doty has indicated a desire to place the absorption field 11' from the foundation and 72' from the well, rather than placing it at the mandated 20' and 100' distances, respectively, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on December 6th, 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 Mr. Richard A. Doty to place the absorption field 11' from the foundation and 72' from the well, rather than placing it at the mandated 20' and 100' distances, respectively, on property situated on 17 Rainbow Trail, Town of Queensbury, New York, and bearing Tax Map No.: Section 52, Block 3, Lot 5.1, 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 22nd day of November, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 55, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Queensbury Board of Health hereby adjourns and enter the Town Board of the Town of Queensbury. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO. 702, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, certain departments have requested transfers of funds for the 1993 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 1993 budget: RECEIVER OF TAXES: FROM: TO: AMOUNT: 001-1330-2031 001-1330-2001 $ 13.00 (Computer,Hdwe. Sftwre) (Misc. Equipment) LANDFILL: FROM: TO: AMOUNT: 910-8160-1002 910-8160-4410 $1,900.00 (Misc. Payroll) (Gasoline) 910-9060-8060 910-8160-4690 4,000.00 (Hosp. Ins.) (Compactor Repairs) 910-9030-8030 910-8160-4690 4,000.00 (Social Security) (Compactor Repairs) LANDFILL: FROM: TO: AMOUNT: 910-9010-8010 910-8160-4690 1,000.00 (NYS Retirement) (Compactor Repairs) , and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION AND FINAL ORDER ESTABLISHING PASCO AVENUE EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 703, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a resolution and Final Order establishing an extension to the Queensbury Consolidated Water District, to be known as the Pasco A venue Extension, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to service an area to the north of the City of Glens Falls and in the vicinity of Sherman Avenue and Pasco Avenue and generally to the west of the Smoke Ridge Road area and east of the Land O'Pines Water District, such area consisting of several parcels or lots with the boundaries of the proposed extension being more fully set forth in the map, plan and report, and WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town and is available for public inspection, and WHEREAS, the map, plan and report was prepared by Haanen Engineering, Thomas W. Nace, an Engineer, licensed by the State of New York, 253 Bay Street, Glens Falls, New York, showing the boundaries of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water mains, gate valves, and hydrants, together with the location and a general description of all public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water district extension pursuant to Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to Section 206(a) of the Town Law of the State of New York, and the Town Board notes that the manner in which this district is established takes into consideration the cost of improvements benefitting the Queensbury Consolidated Water District and the low cost of improvements benefitting the immediate existing properties, WHEREAS, the Town Board of the Town of Queensbury held a public hearing on September 13, 1993 concerning the establishment of said water district extension, at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the said Town Board has considered the establishment of said district extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and WHEREAS, a notice of such public hearing was duly published and posted as required by law, and WHEREAS, after said public hearing and consideration of the State Environmental Quality Review Act, the said Town Board duly adopted a resolution on the 13th day of September, 1993, determining to create said district extension, and WHEREAS, the Town Clerk of the Town of Queensbury has reported that petitions requesting a referendum have not been filed, and WHEREAS, the State Comptroller approval is not necessary, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that it is the final determination of the Town Board of the Town of Queensbury that (1) notice of said public hearing was published and posted as required by law and is otherwise sufficient; (2) it is in the public interest to establish, authorize and approve the Pasco Avenue Extension to the Queensbury Consolidated Water District as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; (3) all property, property owners and interested persons within said extension are benefitted thereby; (4) all property and property owners benefitted are included in said extension; and (5) pursuant to Section 206.a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended, and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED AND ORDERED, that: 1. The Pasco Avenue Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established, in accordance with the boundaries and description set forth in the previously described map, plan and report, subject to the following: a). The obtaining of necessary permits or approvals from the New York State Department of Health; b). The obtaining of the necessary permits from the New York State Department of Environmental Conservation; 2. The boundaries of the Pasco Avenue Extension to the Queensbury Consolidated Water District are as follows: Beginning at the northeasterly corner of Great Lot 69, said point also being the northeasterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, Warren County, New York. THENCE from said point of beginning, southerly along the easterly boundary of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, to the northerly side of Sherman Avenue; THENCE crossing Sherman Avenue to the northeasterly corner of Lot 5.1, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE continuing in a southerly direction along the easterly boundary of said Lot 5.1, Block 4, Section 121 to the southeasterly corner of the said Lot 5.1, Block 4, Section 121; THENCE in a westerly direction along the southerly boundary of said Lot 5.1, Block 4, Section 121 to the southwesterly corner of said Lot 5.1, Block 4, Section 121; THENCE crossing Niagara Mohawk Utility property (Lot 4, Block 2, Section 90 of the Tax Maps of the Town of Queensbury) to the southeasterly corner of Lot 8, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a westerly direction along the southerly boundary of said Lot 8, Block 3, Section 121 to the southwesterly corner of said Lot 8, Block 3, Section 121; THENCE continuing in a northerly direction along the westerly boundaries of Lots 8 and 4, Block 3, Section 121 to the northwesterly corner of said Lot 4, Block 3, Section 121 also being the southern boundary of Sherman Avenue; THENCE crossing Sherman Avenue to the southwesterly corner of Lot 17, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a northerly direction along the westerly boundaries of Lots 17, 1.1, 1.2 and 2, Block 2, Section 121 to the northwesterly corner of said Lot 2, Block 2, Section 121 of the Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundaries of Lots 2 and 3, Block 2, Section 121 to the northeasterly corner of said Lot 2, Block 2, Section 121, said corner also being the westerly boundary of Pasco Avenue; THENCE crossing Pasco Avenue to the northwesterly corner or Lot 4, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE continuing in an easterly direction along the northerly boundary of said Lot 4, Block 2, Section 121 to the northeast corner of said Lot 4, Block 2, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 4, 18, 6, and 7.2 to the northwesterly corner of Lot 1.1, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundary of said Lot 1.1, Block 3, Section 121 to the northeasterly corner of said Lot 1.1, Block 3, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 1.1 and 1.2, Block 3, Section 121 the intersection of the easterly boundary of said Lot 1.2, Block 3, Section 121 of Tax Maps of the Town of Queensbury with the northerly boundary of Great Lot 69; THENCE easterly along the northerly boundary of Great Lot 69 crossing Niagara Mohawk utility property to the northwesterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE easterly along the northerly boundary of said Lot 5.21, Block 4, Section 121 to the point of beginning; 3. The improvements to be included and made a part of the proposed district extension shall consist of the purchase and installation of approximately 3,000 lineal feet of 12" water main, 1,010 lineal feet of 6" water main, with necessary valving, hydrants, tees, a sleeve, valve boxes and restoration work, as more specifically set forth in the map, plan and report on file with the Town Clerk of the Town of Queensbury; 4. All proposed construction shall be installed and paid for by the Queensbury Consolidated Water District, as extended, and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervision; 5. The maximum amount to be expended for said improvement will not be greater than $125,000.00, said improvement cost to be paid by the Queensbury Consolidated Water District, as extended, and the areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Consolidated Water District; 6. There will be no financing of the construction or installation cost for the proposed water extension, the same to be paid for from current funds; 7. Expenses occasioned after the creation of the extension shall be assessed, levied and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies and/or collection are made in the Queensbury Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 8. The map, plan and report describing the improvements and area involved is on file in the Town Clerk's Office of the Town of Queensbury, for public inspection, and BE IT FURTHER, RESOLVED, 1. that a certified copy of this resolution and order be further filed and recorded in the Office of the Clerk of the County of Warren; 2. that the Town Clerk, as required by law, file a certificate with the Clerk of the County of Warren that no petitions for referendum have been filed; 3. that any other filings of this resolution mandated by law be completed by the Town Attorney's Office, and BE IT FURTHER, RESOLVED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended district, and BE IT FURTHER, RESOLVED, that this Order is a Final Order and shall take effect immediately. Duly adopted this 22nd day of November, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: Mr. Caimano ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND CAPITAL AREA COMMUNITY HEALTH PLAN, INC. (CHP) RESOLUTION NO. 704, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Northcare, Inc., a consortium of doctors, has signed a contract with the Capital Area Community Health Plan, Inc., (CHP), an insurance HMO, and did not renew its contract with Blue Cross Healtlmet, and WHEREAS, the Town of Queensbury currently offers Healtlmet and a basic Blue Cross indenmity policy to employees, and WHEREAS, the premium cost for CHP/Northcare is lower than the current premium paid for Healtlmet, and the coverage is comparable, and WHEREAS, the Town Board of the Town of Queensbury desires to offer CHP/Northcare to employees beginning January 1, 1994, and WHEREAS, a copy of a proposed agreement between the Town of Queensbury and CHP/Northcare has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the agreement presented at this meeting, between the Town of Queensbury and CHP/Northcare, for the year beginning January 1, 1994. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek-Noted, for the Board's information, I did not review this agreement but Kate feels comfortable with it. Councilman Caimano-We reviewed this a couple of weeks ago. Attorney Dusek-I never saw this before. Supervisor Brandt-My information is that this is being offered on the employees discretion. If they want to go with this health plan, they can. It costs them more to go with it then the other Blue Cross Blue Shield health plan. Either one is acceptable to the town. What the advantage is in going with this Community Health Plan is, if they're already with a certain doctor and that doctor's in that Community Health Plan, they may choose to stick with that plan. That's my understanding of it, that would be the only incentive to do it and from the town's view point, it saves us money. Councilman Goetz-The employees still have a choice? Supervisor Brandt-Yes, it's totally at the employee's discretion. RESOLUTION APPOINTING ASST. BUILDING INSPECTOR AND CODE ENFORCEMENT OFFICER RESOLUTION NO. 705, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, James M. Martin, Executive Director of Community Development, advertised in the Post -Star, the availability of a position with the Department of Building and Codes for the Town of Queensbury, for an Assistant Building and Zoning Enforcement Officer, and WHEREAS, Mr. Martin has advised that he reviewed applications, resumes, and conducted interviews, and hereby recommends that Mr. John W. O'Brien, Jr., be appointed as an Assistant Building and Zoning Enforcement Officer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, pursuant to §138 of the Town Law of the State of New York, hereby appoints Mr. John W. O'Brien, Jr., as Assistant Building and Zoning Enforcement Officer on a provisional basis and subject to probationary period requirements, with his annual salary to be set at $21,500.00 per annum, and with employment to start November 29, 1993, and BE IT FURTHER, RESOLVED, that the Executive Director shall notify Mr. O'Brien of the fact that it will be necessary to take a Civil Service Test and that the appointment is provisional until such time as a Civil Service list of qualified and tested candidates is available. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: Mr. Caimano ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 706, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 40 - Queensbury Water 32 - Quaker Road Sewer 50,000.00 40 - Queensbury Water 34 - Hiland Park Sewer 10,000.00 40 - Queensbury Water 98 - Water Treatment 25,000.00 Plant Expansion and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE THE VOTE: Town Board held discussion regarding payment to Hiland Park. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR ROBERT SANDERS, JR. RESOLUTION NO. 707, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to § 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Mr. Robert Sanders, Jr. has filed an application for a permit, in accordance with said §113-12 of the Code of the Town of Queensbury, to replace his old mobile home with a new mobile home at property situated at 538 Sanders Road, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on December 6th, 1993 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Mr. Robert Sanders, Jr. for a permit to substitute a new mobile home for an existing mobile home on property situated at 538 Sanders Road, Queensbury, New York, 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 to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 22nd day of November, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION MODIFYING LANDFILL C&D RATES RESOLUTION NO. 708, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury currently operates, owns, and maintains a Landfill located off Ridge Road in the Town of Queensbury, and WHEREAS, pursuant to the Town Law of the State of New York, the Town is authorized therein to manage the affairs of the Town, and the Town is desirous of raising the rate at which C&D waste will be accepted for delivery at the Landfill from $4.50 per cubic yard to $9.00 per cubic yard, while leaving all other rates previously established the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby raises the rate charged for C&D waste delivered to the Town of Queensbury Landfill for C&D waste, as allowed or permitted by New York State DEC Regulation, to $9.00 per cubic yard, and BE IT FURTHER, RESOLVED, that other than as indicated, the rate structure for the use of the Town of Queensbury Landfill shall remain the same, as last established and/or modified by the Town Board of the Town of Queensbury. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None ATTORNEY MATTERS Attorney Dusek-I have a couple of matters. One, the update on the rabies matter. You must contract through the County, Dr. Evans was not able to get the vaccine in the end. So, as long as the Board has no objection, Mike can sign the contract tomorrow. Town Board held discussion and the consensus was to go with the County. Attorney Dusek-I have one matter for Executive Session. Councilman Tucker-I have one. Cost Control Associates, the guy that did the work for us with the power company, he's requested an extension on his contract to June 30th, 1994. Town Board held discussion and the Town Attorney agreed to prepare a resolution for next week. DISCUSSION - MORSE ENGINEERING/INVOICE Supervisor Brandt-When we started in on Peggy Ann Road, the design to address the PCB's, we got a quote from Morse Engineering and I think everybody in good faith thought it would be well under five thousand dollars. But what's happened, we got into the PCB issues and they addressed them with DEC and got quite alot of tests and alot of discussions and then we extended the design to Clark Street and between the two, we've run into higher costs then what was anticipated. What I would like to do is move money from the engineering budget over to that project. We already have a seventy-five thousand dollar item and I don't see a prepared resolution here but if that's alright with the Board, we'll prepare it for next week. Councilman Caimano-I'm a little concerned that it isn't just an overage, it's almost doubled. Supervisor Brandt-It became a pretty major discussion of how to handle PCB's. Councilman Caimano-We don't have any choice but to pay the man because he did the work and he did an excellent job. Councilman Monahan-Do we have a breakdown on that, hours and stuff? I'd like a breakdown. Supervisor Brandt-I'll provide that and bring it back to you. Councilman Monahan-Is there still enough in the budget, Mike? Supervisor Brandt-There's seventy-five thousand in the project and we'll add this additional payment into the project and then pay it out of the project. That way, we've got an accounting on the project all the way through. So, I'll have a resolution prepared and I'll bring it back to you next week. Is there anything else anyone would like to discuss? DISCUSSION - REGIONAL ECONOMIC DEVELOPMENT CORPORATION Councilman Caimano- Yes, we had a report on the Economic Development Corporation and we have last year's expenses and this year's budget and I just have to tell you that from a personal standpoint, that I just question whether these things do any good. We're faced with a budget of two hundred thousand dollars and I don't know that blue ribbon committees, as well meaning as they are and with the wonderful people that they have, I just don't know if they're spending our money wisely. Councilman Monahan-I was concerned with that budget that there were no breakdowns with salaries or anything. Councilman Caimano- There's nothing. I don't know whose getting what, I don't know what they did. Supervisor Brandt -You can get breakdowns of all that. Councilman Caimano-But we should have gotten it. If we're going to spend two hundred thousand as a community, we ought to know that we're getting something for it and twenty-five thousand of it is coming from out county. Councilman Goetz-Another thing mentioned in that letter, the report that Mr. Fairclough sent in, he mentioned the companies that he had helped but I'd like to know more about that. Councilman Caimano-Maybe we're lacking data, maybe we're lacking detail. I don't know but I seriously question, I'd rather the town spend it's own money. I'm almost tempted to say, let's go back to QEDC. I want to work with everybody else but I just have a tough time with this. Supervisor Brandt-I think you need to carry that discussion to the County leaders and I think there ought to be a discussion with the County leaders and the City Administration, the town, we're all part of it and Washington County. Alot of effort has been put into this, I think alot of good work has been done. There is on that Board a strong question of how to get this effort into paying proposition, you know, on a fee basis as has been done in Saratoga County quite successfully. But the reason that works is the individuals. There's also alot of cooperation. Councilman Caimano- What do you mean individuals? Supervisor Brandt-The individuals who run it and their metabolism and the way they work. And you also have alot of community involvement, community leaders that are working together with that individual and they work at as a team. And they don't have any politicians on the boards as a matter of fact but they are funded by local government. I think your comments are correct, the frustrations every where. How to get there from here is the question and you really ought to get right involved and start talking on a county level. The other thing is, it's anticipated that the Town of Queensbury is not going to be a funder of this for very many years, that's it's going to go totally to the counties. Councilman Caimano- There's no intent here, I think the people who are involved in it are tremendous people. You couldn't have picked a better leader than Mr. Heineman. I'm not questioning their integrity, I'm not questioning their background. I'm questioning the focus and the need for this kind of committee. Maybe it's a committee that works and get's funded, maybe we have our own funds and people come up with a project and we say yes, that's a good project, go after it and you fund the projects as they go. Maybe there has to be a payment on an incentive basis as opposed to paying a salary. Councilman Monahan-We really don't know much about the methods of operation or how they set their goals or anything else. Councilman Caimano-I just think it needs to be questioned long and hard, that's my point. OPEN FORUM 7:25 P.M. Mr. George Wiswall-Questioned the process involved in the placement of a street light? Supervisor Brandt-The Board does that within lighting districts. Mr. Wiswall-Noted, we live in a lighting district and we've paid lighting district tax for years. There's a dark corner at the corner of Bay and Glenwood A venue. I don't know if I'm getting older but it seems to get darker and darker all the time. Councilman Tucker-I guess that's my job, Doc, I'll get the number off the pole and get it started. Supervisor Brandt -Show him how to do it and maybe that will be his committee next time. Mr. Wiswall-Well, that's one of the committees I want to be on but I'd like that before I get on the Board. Mr. John Salvador-Pliney just said he's going to get the number off the pole. What if the pole doesn't exist at the intersection? Councilman Tucker-Then we have to talk about a pole. Councilman Caimano-We didn't have one on Glenwood and Quaker, did we? Councilman Tucker-No, we had to put one in there. Mr. Salvador-You talked about Hiland Park, back taxes, bankruptcy and all that kind of stuff and no one in this room really seemed to know who was going to bear the burden of this ten thousand dollars. Supervisor Brandt-Well, I think any tax district, all the taxes that are uncollected become the burden of the county. The county then adds or there is added to them when it's transferred to them a ten percent fee I think in all cases in Queensbury and then the county has to collect it, if it's not paid after a period of time, it's sold for tax sale. So, the taxes are going to collected. We have concerns about other things. Hiland has a contract with the town and they owe us a payment and we've been pushing quietly on that and we're in Federal Court over that too. So, it's something that we've talked about as a Board many times and the new Board will have to continue and we are represented in Federal Court on that matter and that is in the bankruptcy court. Mr. Salvador-So we will always get a dollar on a dollar? Attorney Dusek-Well, on the taxes, most likely, yes. Other claims are going to depend on the outcome of the bankruptcy. Mr. Salvador-You talked about extending a contract, someone's contract for that utility service to some time next year. That man get's paid half of what he can demonstrate is an over payment on your part. What if he just had a line on an item that you were overpaying on and has not divulged that to you yet but by extending the contract, you extend the meter time that that item runs and he get's fifty percent of the extra time? Councilman Caimano-Well, if he really did that, he's a hell of a gambler because we could have always said no. Mr. Salvador-Well, he's got nothing to lose. Councilman Caimano-Either do we. Supervisor Brandt-As I have read the letter, if! remember correctly, it's been a while since I read it, there is an item where the utility company has not done a total break out on a certain Councilman Tucker-An audit of all the lights in the town. Supervisor Brandt -Yea, that's it and it won't get done for a couple of months and that's why he's asking for an extension. Mr. Gene Lashway, Highway Department-Thanked the Town Board for their help in getting the rabies situation straightened out which will provide the vaccine for them. Attorney Dusek-Referred to the letter, it appears that he had requested that NIMO perform a complete inventory of all street lighting by October 26th, at this point the street lighting inventory has not been completed but NIMO has committed to having it completed by November 30th. Apparently, it says the contract with the town expired August 27th. So, it's already expired and he would like an opportunity to complete the analysis of the street lighting bills, apparently waiting for this information from Niagara Mohawk and he believes it could be accomplished if he was given an extension to June 30th, 1994. Mr. Salvador-The Warren Washington Regional Development Corporation, according to the contract that you have with them, they're supposed to supply the business community in this town some kind of a Councilman Caimano-And they have. Here is the written twelve thousand five hundred dollar report. Mr. Salvador-And this satisfies the requirements of your contract? Councilman Caimano- Y ou heard my comments. Mr. Salvador-Yes or no? Councilman Caimano-In my opinion, no. Mr. Salvador-This is something between yourself and your Councilman Caimano-No, this is a public document. Councilman Goetz-Do you want it or not? I also made a comment on it and I'm not for it either. Mr. Salvador-I don't have the contract with me but I read it and I got the impression, that there was supposed to be, at a certain point, some kind of a show and tell where the business community of this town would be pulled together in some kind of a Supervisor Brandt-December 1st. Councilman Goetz-Yes, that's scheduled for the Hilander. Councilman Tucker-John, I believe the new administration is going to take a hard look at all of this. Mr. Salvador-I'm concerned about the twenty-five thousand we've contracted and have going with them now. I mean if your not satisfied with the supply of the services that you contracted for, you shouldn't pay for it. Councilman Goetz-I think we paid half of it so far. Councilman Caimano-Wednesday, December 1st seven thirty to nine thirty a.m., a key group of speakers will present an overview of the economic development financing system that is available for companies in Warren Washington County, the seminar will be held at the Hilander. So, on the first there are two meetings. One from seven thirty to nine thirty in the morning at the Hilander and the other from three to five in the afternoon at the Queensbury. Executive Director, Mr. Jim Martin-The one at the Queensbury is specifically on the economic development zone joint application between the city and the town. Councilman Monahan-I don't know where Warren Washington Economic Development Corporation comes into that one. Executive Director, Mr. Martin-They're supposed to prepare the application but I think that's going to be a matter of discussion at this meeting. Mr. Salvador-The point is, we are concerned as taxpayers that the Town Government or the County Government, who ever is doing this does not cross that line where taxpayer's monies are used for private purposes. You're crossing the line when you do that. All this effort people putting in, wonderful, do it, great. Let the benefactor pay it. Councilman Caimano-I ran across something a few days ago, it shows you how screwed up this thing gets. The company that I know very well and it's been a local company pouring taxes in here for ions, went to buy a piece of property and it tumed out the piece of property was in arrears to one of these government agencies. They had to pay alot of back taxes before they were allowed to buy the property. That's fine but the interesting thing about that is, it was an out of town company that came to buy that building, we would have forgiven them taxes. So, something is just not quite right. Mr. Salvador-The government should not be in the business of giving tax breaks because a tax break for that guy, is a tax burden for me. All the bills have to pay and if you give him a tax break, you burden someone else with the taxes. Now, if he benefits from what's going on, let him pay. That's the name of the game. And when you cross that line, it's very clear in the New York State's Constitution, public money shall not be used for private purpose or undertaking. I have just one more. Mr. Paul Naylor, Highway Superintendent-The only question I have is on Hidden Hills. I was talking to the engineer the other day and he's still waiting for the go ahead to design that. Is it going to be designed or not designed? Supervisor Brandt-Hidden Hills is an item in the budget, we specifically put, we upped the drainage for that. It's really up to the next Board to decide that's one of their priorities. Councilman Monahan-Is there any reason it should be worked on now? Mr. Naylor-I just thought, seeing the problems we had over there, it might not be a bad idea if he get's going on those plans right away. We've had particular situations over there in the past and we've been working on it, Paul and I for the past four or five years and we've been giving good faith to those people up there. Now, it's all stopped and everybody's asking questions. Councilman Monahan-Do we have some money left over that we can start working on that? Supervisor Brandt-We'd have to look from some other account and move it, that's a possibility. Mr. Salvador-Earlier this evening you talked about a contract that Morse Engineering had for five thousand dollars and some how they got outside the scope of that contract and incurred almost another five thousand dollars. I think it's another example of poor contract administration. The minute Morse Engineering got outside the scope of their supply for that five thousand dollar fixed price contract, you should have been aware of it, you should have gotten an estimate of what the increase scope of work was going to cost and they should have gotten authorization to proceed on some kind of a basis. But to sit here today and ask for evidence that they really incurred the four thousand seven hundred dollar extra cost, is much too late. Supervisor Brandt-I agree with you. Councilman Monahan-I agree with you too. Mr. Salvador-One last thing. Mike, is there any way we're going to have some kind of a transition between the work you've been doing with this citizens's committee for the wastewater management concerns in North Queensbury and the new administration? Supervisor Brandt-I don't know how to do that. I mean, our information is open. Mr. Champagne-I would hope to get Mike's file, review that and bring myself up to speed. John,we will meet with you as we've indicated and take some direction from Mike and yourself and go from there. I would hope that that committee could stay alive and be effective. Supervisor Brandt-It's the Supervisor's committee so you can just reappoint them if you'd like. I found them to be very cooperative and actually, a very knowledgeable group. Mr. Champagne-Absolutely. I was at that meeting the night you met with the Board and I was very impressed. OPEN FORUM CLOSED RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 709, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter Executive Session to discuss an Attorney/Client Privilege Matter. Duly adopted this 22nd day of November, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY