1993-12-20
TOWN BOARD MEETING
DECEMBER 20, 1993
6:59 P.M.
MTG #91
RES. 759-771
BOARD MEMBERS PRESENT
MICHEL BRANDT -SUPERVISOR
BETTY MONAHAN-COUNCILMAN
SUSAN GOETZ-COUNCILMAN
NICK CAIMANO-COUNCILMAN
PLINEY TUCKER
TOWN ATTORNEY
PAUL DUSEK
TOWN OFFICIAL
JIM MARTIN
PRESS: GF Post Star
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BRANDT
Supervisor Brandt called meeting to order ...
RESOLUTIONS
RESOLUTION TO MOVE STREET LIGHT ON BAY ROAD ACROSS FROM
GLENWOOD A VENUE FROM EAST SIDE OF STREET TO WEST SIDE
RESOLUTION NO. 759, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the
movement of one 100 watt high pressure sodium street light on the east side of Bay Road at across from
Glenwood A venue to the west side of Bay Road on the corner of Glenwood Avenue,
NOW, THEREFORE BE IT
RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements
through Niagara Mohawk Power Corporation.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker,
Mr. Brandt
NOES: None
ABSENT: None
RESOLUTION TO AMEND 1993 BUDGET
RESOLUTION NO. 760, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
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:
ACCOUNTING:
FROM: TO: AMOUNT:
01-1680-2032 01-1680-2100 1,500.00
(Computer Software) (Computer Hardware)
BUILDING & GROUNDS:
FROM: TO: AMOUNT:
01-1620-4026 01-1620-4650-0023 610.00
(Misc. Contractual) (AC. & Fumace Repairs)
HIGHWAY:
FROM: TO: AMOUNT:
4-5110-4400 4-5110-2001 6,000.00
(Misc. Contract) (Misc. Equipment)
HIGHWAY:
FROM: TO: AMOUNT:
04-5142-1002 04-5142-1450 9,700.00
(Misc. Payroll) (Motor Equip. Operator)
04-5142-1400 04-5142-1470 2,850.00
(Laborer A) (Working Foreman)
04-5142-1440 04-5142-1450 10,500.00
(Heavy Equip. Operator) (Motor Equip. Operator)
04-5142-1400 04-5142-1450 300.00
(Laborer A) (Motor Equip. Operator)
04-5130-4410 04-5130-1460 2,200.00
(Gasoline) (Mech. )
PARKS & RECREATION:
FROM: TO: AMOUNT:
001-7020-1690 001-7020-1680 2,000.00
(Recreation Attendant) (Recreation Leader)
001-711 0-4400 001-7020-4220 125.00
(Misc. Contractual) (TrainingÆducation)
WATER:
FROM: TO: AMOUNT:
40-8310-4220 40-8310-4400 1,000.00
(Training) (Admin., Misc. Contract)
40-8330-4280 40-8320-4300 10,000.00
(Caustic Soda) (Utilities)
40-8330-4400 40-8320-4300 10,000.00
(Misc. Contractual) (Utilities)
40-8330-4250 40-8320-4300 1,000.00
(Alum) (Utilities)
and
BE IT FURTHER,
RESOLVED, that the 1993 Town Budget is hereby amended accordingly.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan,
Mr. Brandt
NOES: None
ABSENT: None
RESOLUTION TO AMEND 1993 BUDGET
RESOLUTION NO. 761, 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:
COMMUNITY DEVELOPMENT DEPT.
FROM: TO: AMOUNT:
1-8030-4400 1-8010-1915 750.00
(Community Research (Zoning - Office Specialist)
Misc. Contractual)
" 1-8010-4030 1,350.00
(Zoning - Postage)
" 1-8010-4080 400.00
(Zoning - Advertisement)
" 1-8020-1915 2,500.00
(Planning - Office Specialist)
" 1-8020-4030 550.00
(Planning - Postage)
" 1-8020-4080 200.00
(Planning - Advertisement)
" 1-8020-4711 50.00
(Planning - Reimb.
Engineering Exp.)
" 1-3510-4100 100.00
(Dog Control -
Telephone Use)
" 1-3510-4760 500.00
(Dog Control
Vet Services)
" 1-3650-4400 150.00
(Demolition of Unsafe
Bldg - Misc. Contractual)
" 1-3620-4110 300.00
(Bldg & Code Enforcement
Vehicle Repair)
and
BE IT FURTHER,
RESOLVED, that the 1993 Town Budget is hereby amended accordingly.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz,
Mr. Brandt
NOES: None
ABSENT: None
RESOLUTION APPROVING FINAL ENVIRONMENTAL IMPACT STATEMENT
REGARDING HUDSON POINTE PLANNED UNIT DEVELOPMENT
RESOLUTION NO. 762, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, The Michaels Group, on behalf of the Hudson Pointe Planned Unit Development,
previously submitted an application for site plan approval for a certain Planned Unit Development entitled,
the "Hudson Pointe Planned Unit Development," and
WHEREAS, on December 21, 1992, the Town Board of the Town of Queensbury assumed lead
agency status, and
WHEREAS, the Town Board thereafter reviewed the application, environmental assessment form,
and other documents and information presented to it and by resolution no. 149, 1993, issued a positive
declaration under SEQRA, and
WHEREAS, the Town Board of the Town of Queensbury, subsequent to the foregoing, engaged in
a scoping session, developed a scoping document, and thereafter upon review and after hearing from staff
and Morse Engineering, P.C., accepted as satisfactory, a Draft Environmental Impact Statement (DEIS)
which was submitted on behalf of the Hudson Pointe Planned Unit Development by The Michaels Group in
response to the positive declaration and scoping held by the said Town Board, and
WHEREAS, the Town Board held a public hearing on the aforesaid submitted DEIS on September
13, 1993 and entertained comments on the same, and
WHEREAS, the Town Board notes that the comment period for the DEIS has expired and that
The Michaels Group, on behalf of the Hudson Pointe Planned Unit Development, has submitted a Final
Environmental Impact Statement,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board for the Town of Queensbury hereby acknowledges that a Final
Environmental Impact Statement (FEIS) has been submitted in connection with the application of The
Michaels Group, on behalf of the Hudson Pointe Planned Unit Development, for approval of the Planned
Unit Development and hereby determines that the aforesaid FEIS is complete and adequate, and
BE IT FURTHER,
RESOLVED, that the Notice of Completion of the FEIS presented at this meeting is hereby
approved and authorized for use, and
BE IT FURTHER,
RESOLVED, that:
1. the Notice of Completion shall be filed as a part of the papers and documents maintained
by the Town Clerk's Office as part of the application of The Michael's Group on behalf of the Hudson
Pointe Planned Unit Development for approval of the Planned Unit Development;
2. the Notice of Completion must be sent to the Commissioner of the Department of
Environmental Conservation, 50 Wolf Road, Albany, New York 12233-001 for publication in the ENE;
3. the Notice of Completion and Final Environmental Impact Statement must be filed with
the Commissioner of the New York State Department of Environmental Conservation;
4. the Notice of Completion and FEIS must be filed with the appropriate regional office of
the Department;
5. the Notice of Completion and FEIS must be filed with the Town Supervisor of the Town
of Queensbury;
6. the Notice of Completion and FEIS must be filed with The Michaels Group, on behalf of
the Hudson Pointe Planned Unit Development;
7. the Notice of Completion and FEIS must be filed with all other involved agencies;
8. one copy of the Notice of Completion and FEIS must be filed with those persons
requesting it and one copy of the Notice of Completion and FEIS must be filed at all agencies where the
DEIS was previously filed and/or made available to the public; and
BE IT FURTHER,
RESOLVED, that prior to the Town Board's decision on the action which has been the subject of
the FEIS, it shall afford agencies and the public a reasonable time period of ten days from the date of filing
of the Notice of Completion and FEIS in which to consider the FEIS, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby also notes that the lead agency's filing of written
findings and the decision on whether or not to approve the action which has been the subject of the FEIS
shall be made within 30 days after the filing of the FEIS.
Duly adopted this 20th day of December, 1993, by the following vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano,
Mr. Brandt
NOES: None
ABSENT: None
DISCUSSION BEFORE VOTE:
Attorney Dusek-Jim has a Notice of Completion that should be part of the record.
Executive Director, Jim Martin-I also have a letter from Dick Morse that finds everything acceptable. I
have a copies for the Board and this is the official notice that will be sent out to the involved agencies.
Attorney Dusek-Jim, this language that you used for description of the action, as well as location, is that off
of prior documents for the most part?
Executive Director, Mr. Martin-Yes, I took that off of your previous notice on the draft that your office
prepared.
Attorney Dusek-Okay. Mike, is the project still located on two hundred eleven acres?
Executive Director, Mr. Martin-That was off the revised number given in the FEIS.
Attorney Mike O'Connor-Then fine, yes.
Executive Director, Mr. Martin-That's what that was taken from and I corrected the ninety-six units, that's
in the description.
Attorney Dusek-Okay, I don't have any problem with this.
Vote was taken.
RESOLUTION AMENDING TOWN OF QUEENSBURY PURCHASING PROCEDURES
RESOLUTION NO. 763, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, the Town of Queensbury presently has in effect, Purchasing Procedures, last revised
in March of 1993, and
WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the said
Purchasing Procedures by changing the following language from $10,000 to $20,000, under GENERAL
RULES APPLICABLE TO PURCHASES:
"All contracts for professional services require Town Board approval before retention of said
services. Town Board approval shall be based upon a review of Request for Proposals, where major
projects are planned, where the professional services are expected to exceed the cost of [$10,000] $20,000
in any calendar year; "
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Purchasing
Procedures by changing the language as written hereinabove.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES: Mrs. Goetz
ABSENT: None
Discussion was held and Councilman Caimano requested Attorney Dusek to bring this before the new
Board for discussion in January. Attorney Dusek agreed, noting the town's required to review this once a
year in any event.
RESOLUTION RETAINING SERVICES OF EDWARDS, WILLIAMS, MC MANUS
RICCIARDELLI AND COFFEY, P.C., FOR AUDITING SERVICES
RESOLUTION NO. 764, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, the Town Board of the Town of Queensbury has determined that there is a need to
provide auditing services to the Town of Queensbury for the year ending December 31, 1993, and
WHEREAS, the Town Board of the Town of Queensbury has determined that there is also a need
to review its annual report to the State Comptroller's Office, which is required to be filed by February 28 of
the year following the close of the fiscal year on December 31, and
WHEREAS, Edwards, Williams, McManus, Ricciardelli and Coffey, P.C., has offered to render
professional advisory services to the Town of Queensbury for each of the above-stated purposes at a cost
of:
Review of Annual Expenses (Travel Total
Update Document Audit Typing, Etc.) Fee
1993 900.00 14,700.00 300.00 15,900.00
as more specifically set forth in their letter form agreement dated December 6, 1993 to the Town
Supervisor of the Town of Queensbury, a copy of which 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 of the Town of Queensbury to retain the services of Edwards, Williams, McManus,
Ricciardelli and Coffey, P. C., to provide the following services:
1. provide auditing services to the Town of Queensbury for the year ending December 31,
1993, and
2. review its annual report to the State Comptroller's Office which is required to be filed by
February 28 of the year following the close of the fiscal year on December 31st, and
BE IT FURTHER,
RESOLVED, that the fee for services rendered by Edwards, Williams, McManus, Ricciardelli and
Coffey, P.C., is approved in the amount of:
Review of Annual Expenses (Travel Total
Update Document Audit Typing, Etc.) Fee
1993 900.00 14,700.00 300.00 15,900.00
the payment of which shall come from Account No.: 001-1320-4401, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and
directed to sign the letter-form agreement, and to sign and forward for processing and payment, any and all
bills for services rendered in accordance with this resolution upon receipt of properly completed vouchers.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan,
Mr. Brandt
NOES: None
ABSENT: None
ATTORNEY MATTERS
7:10 P.M.
Attorney Dusek submitted to the Board a letter from Dr. Evans regarding the rabies that they had asked for.
Attorney Dusek-The other thing I have is Helen filed a complaint on your behalf with the State Board of
Equalization and Assessment with I strongly support. The only concern I had is whether we ever had a
resolution on the record authorizing that and I would recommend a resolution ratifying it.
RESOLUTION AUTHORIZING ASSESSOR TO FILE COMPLAINT WITH
THE STATE BOARD OF EQUALIZATION & ASSESSMENT
RESOLUTION NO. 765, 93
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and ratifies as well
approves the filing of a complaint to challenge the Equalization Rate that was assigned to the town by the
State Board of Equalization and Assessment this year.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz,
Mr. Brandt
NOES: None
ABSENT: None
Attorney Dusek-I have two matters for Executive Session.
Councilman Monahan-And I have one too, whatever you classify that under.
Supervisor Brandt-I'd like to change the format and go to Audit of Bills.
AUDIT OF BILLS
RESOLUTION APPROVING AUDIT OF BILLS
RESOLUTION NO. 766, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mrs. Susan Goetz
RESOLVED, that the Audit of Bills appearing on Abstract December 20, 1993, numbering 93-
469900 through 93-493200 and totalling $224,671.89, is hereby approved.
Duly adopted this 20th day of December, 1993, by the following vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano,
Mr. Brandt
NOES: None
ABSENT: None
ABSTAIN: Mrs. Monahan (Vendor #000215)
Mr. Caimano (Vendor #000127)
OPEN FORUM
7:12 P.M.
Lillian Adamson, Assembly Point-I have a letter to the Town Board and to each member.
Dear Board Members:
On behalf of the Steering Committee of the East Side Property Owners Association, it is
my pleasure tonight to bring to the Town Board as a whole and to each of you individually this letter of
thanks and appreciation for the understanding, consideration, support and patience you have shown in our
continuing efforts over the last two years to establish reason, evenness and fairness in the property
assessment process in the Town of Queensbury, not only for the 300 members of our Association but also
for the Town of Queensbury as a whole.
We are especially grateful for your willingness last year to reconsider and reverse your
original decision to delay the 1993 revaluation in the town and your commitment to the assessor to provide
the funds necessary to achieve a fairer and more balanced assessment by delaying the process for one more
year.
Even though that delay did not happen, we are beginning to see signs that the 1993
Revaluation may produce a more equitable sharing of the tax levy in the Lake George Central School
District between Queensbury and the other three towns in the district.
Gross inequities still exist in many assessments in North Queensbury, but with your help
and the cooperation of the assessor and the new Town Board, we have hope that 1994 will witness a real
agreement on fair assessment standards and procedures, so that much of the bitterness of the past can
dissipate.
Again, it has been a pleasure working with all of you. I wish you well in all your
endeavors in 1994.
Yours most sincerely,
Lillian B. Adamson, President
(letter on file in the Town Clerk's Office)
Barbara Bennett -Questioned whether the landfill will be accepting christmas trees again this year?
Supervisor Brandt -Yes.
Charlie Adamson-Noted, it's my understanding that the recommendations of your sewer committee, Mike,
have been hung up for lack of funding by the County, something like forty-five thousand dollars short?
Supervisor Brandt-Referred to his discussion last Friday with County Board members and noted, they're
going to have a meeting with the engineering firm, hoping that they'll be able to get alot of that work
without payment as part of the old contract.
Mr. Adamson-Questioned who to talk with at the County?
Supervisor Brandt-Noted, any of the County Supervisors and recommended to talk to all of them.
Attorney Mike O'Connor-Spoke to the Town Board regarding a project that he's presently working on in
the Town of Kingsbury for Daniel Galusha, to establish an asphalt plant at one of the lots in the Warren
Washington County Industrial Park.
Town Board held discussion and agreed to revisit the issue at the next Town Board meeting.
OPEN FORUM CLOSED
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 767, 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 and enter Executive Session to discuss matters relating to or possibly leading to the hiring of a
particular company and two matters of litigation.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker,
Mr. Brandt
NOES: None
ABSENT: None
RESOLUTION TO RECONVENE
RESOLUTION NO. 768, 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 Executive
Session and enter Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker,
Mr. Brandt
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AND APPROVING DEFENSE
RESOLUTION NO. 769, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury has been advised of a law suit
commenced by Robert L. Schultz, et al, against the State of New York, Mario Cuomo and others including
the Town of Queensbury and Michel Brandt in his individual capacity and as Supervisor for the Town of
Queensbury, and
WHEREAS, the Town Attorney has reviewed the essence of the order to show cause and verify
complaint and petition with the Board and the Board is desirous of authorizing and approving of the
defense of this matter,
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby approves and authorizes the
defense of the Town of Queensbury and Michel R. Brandt as Supervisor for the Town of Queensbury in
connection with this matter and in accordance with town law as well as the local law adopted by the Town
of Queensbury concerning defense of public officials in the line of performance of their duties, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the filing of
any answer and motion papers and other actions in the defense of this matter as may be advised by the
Town Attorney and the attorney retained by the Town of Queensbury, Mr. Firth to assist the Town
Attorney in this matter.
Duly adopted this 20th day of December, 1993, by the following vote:
A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan
NOES: None
ABSENT: None
ABSTAIN: Mr. Brandt
DISCUSSION BEFORE VOTE:
Councilman Caimano-Questioned whether the town can defend Mr. Brandt in this as an individual?
Attorney Dusek-Noted, I think we can defend him on the basis of an individual because he acted within the
line of duty when he signed the contract and we have a local law which provides just for this type of thing
to defend somebody who is acting on behalf of the Town of Queensbury. It's my opinion, that I don't think
he didn't anything wrong when he did that and he also signed with Board authorization.
Councilman Caimano-Fine, as long as we're on the record in saying that, I just want to make sure we're
doing right.
Vote was taken.
RESOLUTION APPROVING STIPULATION OFFERED IN
BANKRUPTCY COURT
RESOLUTION NO. 770, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mrs. Susan Goetz
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the stipulation
offered and agreed to in Bankruptcy Court that Hiland Park will accept or reject the Executory Contract it
has with the Town of Queensbury by April 29th, 1994, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the method of
handling the matter in Bankruptcy Court on Friday by the Town's attorneys as well as Councilman Nick
Caimano.
Duly adopted this 20th day of December, 1993, by the following vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES: None
ABSENT: None
ABSTAIN: Mr. Caimano
RESOLUTION TO ADJOURN
RESOLUTION NO. 771, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns.
Duly adopted this 20th day of December, 1993, by the following vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano,
Mr. Brandt
NOES: None
ABSENT: None
No further action was taken.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK-QUEENSBURY