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1994-02-14 SPECIAL TOWN BOARD MEETING FEBRUARY 14, 1994 7:00 P.M. MTG #10 RES# 84-90 BOARD MEMBERS PRESENT FRED CHAMPAGNE-SUPERVISOR BETTY MONAHAN-COUNCILMAN (entered meeting 7:05) R. GEORGE WISW ALL-COUNCILMAN NICK CAIMANO-COUNCILMAN BOARD MEMBER ABSENT CAROL PULVER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul Naylor, Tom Flaherty, Ralph VanDusen, Jim Martin PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO Supervisor Champagne called meeting to order ... we'll move right into Open Forum. OPEN FORUM 7:00 P.M. Mr. John Salvador-Noted, continued concern with the Agreement between the Town and the Lake George Park Commission on Sanitary System Inspections. There's no indication to us that they're going to appeal the Appellate Court decision on wastewater. Would like the town to rescind that resolution that put the town in the business of inspecting sanitary systems at town expense. Attorney Dusek-My recommendation to the Town Board at this point is to wait a little longer see what happens. We did have a meeting with the Lake George Park Commission and right now, we don't know exactly what they're going to do and until they either decide to appeal or not to appeal, I think we ought to sit tight. If they do appeal, it could be reversed by the Court of Appeals. Mr. Salvador-Then you could institute it again. What are you going to do, the absence of knowing one way or another, are we going to start expending town money to inspect those systems in North Queensbury? Attorney Dusek-I think we have time, any inspections would be done during the Summer time. Supervisor Champagne-Right now, no. We haven't been doing that and I don't see that we're going to get into it, at least in the immediate future. Mr. Salvador-What do the people in North Queensbury if they start taking over these inspections? Attorney Dusek-Who takes over the inspections? Mr. Salvador-The Park Commission? Attorney Dusek-That one part of it will be resolved depending upon what they decide to do. They either have to appeal, they have to drop the legislation entirely, they have to do something different but it seems to me that we have to give them a little more time before reacting to it to see what it is they're going to do. I mean, the town is in a difficult position until we know what the commission is going to do and we've got time. Mr. Salvador-Questioned whether the scoping session has been scheduled for the Supervisor's Sewer? Supervisor Champagne-I'm not aware of any. Mr. Salvador-Questioned whether the town is preparing to participate in that scoping session? Supervisor Champagne-Yes. Mr. Pliney Tucker, Queensbury-Referred to Hudson Pointe. Questioned whether it's gone before the Planning Board, for their decision? Executive Director, Mr. Martin-No. Mr. Tucker-Questioned how three new Planning Board members and the chairman can act on anything regarding Hudson Pointe? Executive Director, Mr. Martin-I can't speak for the chairman but I know he's excused himself in the past. Mr. Tucker-How long do you think it will take to bring these three new members up to speed? Executive Director, Mr. Martin-There's alot of detailed information on the project by virtue of the statement of findings that's being put together right now and is under consideration by this Board. There's also two other documents, the resolution that's been drafted authorizing the PUD designation and also there's ajoint developer agreement that's being written by the Attorney's office that really lays out in great detail what the project is, what the limitations are and gives a thorough description of the entire project. Councilman Caimano-Noted that the Planning Board won't come into action now until they actually go to site plan review. Executive Director, Mr. Martin-Right. Councilman Caimano- The next step is for us to approve or not approve the PUD. Mr. Tucker-My other question, Mr. O'Connor was here the last meeting requesting that the Town Board look at taking the land that is part of the project in lieu of recreation fees. Is this true? Executive Director, Mr. Martin-Noted that they are offering land for dedication as recreation land and it's this Board's decision as to whether or not they want to accept that as recreation land, whether it meets their criteria. Mr. Tucker-What land are they offering, Jim? Executive Director, Mr. Martin-They're offering predominately the river shoreline, the bluffs, the area along the top of the bluffs to the project boundary which ranges from one hundred and fifty feet in width to four hundred and fifty feet in width and the point itself in the wetlands. I think it's in the range of a hundred and twenty-nine, a hundred and thirty-one acres. Mr. Tucker-Isn't this part of the land through the process that they had to give up in order to get what they finally got to develop? Executive Director, Mr. Martin-I don't think they had to give up anything. The project as it is now, is just been a mutually agreed upon configuration, I don't think it was any requirement that they give up anything. Mr. Tucker-I believe the land you're talking about is historical sites, conservation easements, wetlands? Executive Director, Mr. Martin-Right. Mr. Tucker-At one time, they wanted to build houses on the edges of the bluffs and I remember the Board I was on wouldn't allow it to happen. Executive Director, Mr. Martin-Right and that's not going to happen under the current configuration. Mr. Tucker-But this is the land that they're talking about to give for recreation land. It seems like to me, that's double dipping. Executive Director, Mr. Martin-That's up for this Board to decide. Mr. Tucker-I know you two gentlemen agreed at the last meeting to sit down and put the paperwork together to make this thing work Is that true? Attorney Dusek-Who are you referring to? Mr. Tucker-Mr. Dusek and Mr. Martin. Attorney Dusek-Let me tell you what happened, in my mind. We met at a meeting between the developer's people and the town's people, we went over the proposed legislation to decide what should be included in that legislation before we send it on to the Town Board. The SEQRA was completed by the Board at one of the prior meetings, that's done. The big goal right now is to make sure we include in the legislation every condition that we think the Board wanted plus match it with the SEQRA. There's a developer's agreement that I have drafted which is keyed into the legislation. The developer's agreement being the typical one like we used for the other PUD's that they will do certain things that they promised to do so that the areas of environmental concern raised in the SEQRA are in fact addressed. That's where we're at, we've got the legislation just about done. Once those documents are done, they would then be sent to the Town Board for their consideration. Executive Director, Mr. Martin-The date was set for the March 7th meeting. Mr. Tucker-Questioned whether Clendon Ridge has been approved? Executive Director, Mr. Martin-Yes, they have received final approval of the Planning Board pending a decision on the dedication of recreation land which has been put off until Spring time when the board can walk the site. Mr. Salvador-Referred to Hudson Pointe and the recreation land dedication. By town law, what is the developer required to do? Attorney Dusek-By town law, under our law, the developer is required to dedicate land. In the alternative, if there is not a need for that particular land that he seeks to dedicate we can require the fee. Alot of people, as Jim has pointed out on a number of occasions, alot of people think it's fees then land if we want it. It's not that way. Under the law it's land first and then if it's no good to us for recreational purposes then the Board could assign a fee. Mr. Salvador-My question is, to what extent do the citizens of the town have the privilege of using the land for recreational purposes? Attorney Dusek-If the town takes it over as town property for recreational purposes, it will be available and open to all citizens on an equal basis on whatever terms the Town Board should decide to set it at. I understand that this particular land due to it's sensitivity is primarily going to be a passive recreational type of area meaning trails and things of that nature that would be open to the public. Mr. Salvador-Are you satisfied with that limitation? Supervisor Champagne-Very much so. PRESENT A TION - BAY RIDGE VOLUNTEER FIRE COMPANY Mr. Chip Mellon, Chief of Bay Ridge Fire Company and Mr. Dick Bilodeau, Treasurer made a presentation to the Town Board about the possible purchase of a new engine. (submitted packets regarding proposal to the Town Board-on file in the Town Clerk's Office) Mr. Mellon referred to his letter enclosed in the packet which he read to the Town Board. Mr. Bilodeau referred to section 2 of the proposal, his letter concerning financing which he read to the Town Board. Town Board held discussion, no action was taken. DISCUSSIONS Discussion - Sweet Road Realignment Mr. Paul H. Naylor, Highway Superintendent spoke to the Town Board regarding the proposed realignment of Sweet Road. Noted further that the closing off of W oodvale Road should be taken into consideration at the same time. Town Board held discussion, agreed with Mr. Naylor and recommended to continue the process. Attorney Dusek recommended because there are many steps involved, to set up a meeting with himself, Mr. Naylor and Mr. Martin. Councilman Caimano-I have a question for the Highway Superintendent. I had a request from a neighbor. At the corner of Dixon and Midnight, a two way stop on Midnight, both sides of Midnight have a stop sign, Dixon does not have a stop sign. However, it is a forty mile an hour highway and it is a major school bus stop and we were wondering about the potential of making it a four way stop. Mr. Naylor-It's a legislative act by this Board. Councilman Caimano-Okay, thank you. Supervisor Champagne-Did you have an opportunity to talk to Mr. Gebo today? Mr. Naylor-Yes, it's all worked out. We start the project Thursday night. Supervisor Champagne-For the record, this is about the Corinth Road sidewalk as it enters into the City. I did talk to Warren County Highway and basically Paul finished that conversation. Mr. Naylor-Yes, Roger and I talked today and we left it up to our foremens to work out an agreement, who would do what. The county is offering three trucks, a grader and the flag people. I'm offering two trucks, a snowblower and a loader. They're going to work from midnight to six o'clock starting Thursday night. Councilman Monahan-Congratulations Paul, I think this is a good way to solve the problem. Mr. Naylor-This is alot due to the Supervisor and our Highway Committee. It works out well to have these committees to talk this over, as Dr. Wiswall was very adamant that we should start that and he wasn't backing up a bit. Councilman Monahan-Good for you Doc. Mr. Naylor-We had to get the county's cooperation naturally and it works out well, they're happy and we're happy. Councilman Caimano-I don't want to make your ears blush but Caroline would you read that letter from our friend Mr. Jennings. Councilman Monahan-I think we should send that to the paper. Deputy Town Clerk Mitchell-Dear Paul, during the last several weeks I have to drive to Albany in snow storms when the Northway was closed. The local roads and the Northway between Albany and Queensbury were not touched by a plow until, of course, I got to Queensbury. Queensbury had the only crews that were on top of the situation. I have long thought you and your department do an excellent job. Your great work has without a doubt prevented many car accidents and the personal injuries and property losses that result. I am sure that many Queensbury residents appreciate your fine work Sincerely, Roger L. Jennings, President Jennings Manufacturing. (letter on file in the Town Clerk's Office) Councilman Monahan-Paul, I would like you to extend to your men and your crews this Board's thanks for their dedication and all the efforts they've put in during this Winter. Supervisor Champagne-Betty, I think that would be nice if you put that in writing. Councilman Monahan-Alright. Mr. Naylor-That would be nice, they would appreciate that. Purchasing Manual Supervisor Champagne-In your packet either in your mailbox or tonight, you should have received the purchasing manual updated to January 19, 1994. I want to ask you to spend a little time with this. There's been some minor changes in there but I'd like to act on that for approval at the next meeting which is February 28th. Basketball Tournament Banner Supervisor Champagne-The other item for discussion is the basketball tournament banner that they've asked us to put up for the upcoming New York State Championship. Unfortunately, the Big Brothers and Big Sisters do have the banner location on Bay and Quaker so we were unable to offer that. I don't know of a solution unless Paul has a better idea to locate a banner somewhere in the town other then the location of Quaker and Bay. I'd like very much to be able to do that if it's at all possible. Mr. Naylor-That's the only official place the town has. Councilman Monahan-If Big Brothers, Big Sisters are not doing a specific week for a specific reason, I wonder if we approached them very nicely would they be willing to take a different week Councilman Caimano-First of all, you should try that and secondly, try the idea of putting both sides up. Mr. Naylor-We might try, before we used to tie one to the light post and one to the pole, we might look at that or try to hang the two at the same time. Councilman Monahan-I just think that's very important when we have this tournament to make them feel welcomed in the community. Mr. Naylor-I can check into that tomorrow. RESOLUTIONS RESOLUTION AUTHORIZING RENTAL OF PORTABLE SCREENING PLANT BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 84, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Highway Department has requested Town Board approval of the rental of a Portable Screening Plant, and WHEREAS, pursuant to New York State Highway Law ~143, the Town Highway Superintendent may rent or hire machinery or equipment at a rate to be approved by the Town Board, and WHEREAS, the Queensbury Town Board has been advised that the rental cost of the Portable Screening Plant is $4,500.00 per month, and the Town Highway Superintendent would like to rent the same for a period of two (2) months, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the rental ofa Portable Screening Plant by the Town Highway Superintendent at the rate set forth in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that any costs incurred for the rental of the Portable Screening Plant shall be paid for from the appropriately budgeted Highway Fund Account. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver DISCUSSION BEFORE VOTE: Supervisor Champagne-I might add for the record, I followed this issue three or four weeks ago when we first got into this and I can be very honest and very fair in saying, there was some difficult days where we were unable to get sand and that wasn't the worse scenario. The worse scenario was that we were not able to get salt, that the State shut down our salt purchasing and that we were having trucks without sand and without salt. (vote was taken) Discussion - Water Department - Hiring of Mechanic Mr. Tom Flaherty, Water Superintendent spoke to the Town Board regarding the need for a mechanic. Noted, the Water Department has been without a mechanic since February oflast year. We've tried to operate under those circumstances, we've done the best we could but we're getting to the point now where our equipment is getting unfit and unsafe to operate. We either got to come up with a mechanic to take care of the equipment or you're going to have to give some direction on how you want me to maintain the equipment that we have. Supervisor Champagne-Right now we have some equipment I understand in Albany and spread around under repair. Mr. Flaherty-We had a truck in Albany for a matter of weeks at one of the garages being repaired. At the present time, both of our air-compressors are down, we've had to rent one. Our nineteen year old back-hoe had an electrical fire and has no lights. Yesterday we had five frozen services and in the middle of trying to repair one of those, it broke down a second time. One pickup used to plow hydrants is inoperable, the tractor used to plow hydrants is leaking oil and I understand today that is no longer operable. One plow has broke in hydraulic lines. The twenty ton trailer has inoperable brakes. One of the plows on one of the other trucks will not stay in the raised position. One of the pickups needs brakes and there's a long list of other trucks that have either broken lights, no taillights, no brake lights, things at that nature. Up until February of last year, we have had a mechanic taking care of our equipment. Under the proposed budget for this year we were provided with a mechanic for six months and then they were supposed to find funds for a mechanic from some other area for the remaining six months. I've talked to Pete Brault, I've talked to Rodney Mosher and as you're aware we have the facility for automotive maintenance over there, if we had a qualified person to do the work, I see no reason why we couldn't do maintenance on your fleet vehicles in addition to what we're doing if we had the person to do the work One of the things, when we have people out working on a break or a repair, many times when the equipment breaks down, we need a mechanic to come out and repair the equipment. Either that, or the crew sits there until we can find someone to do it. It's not an efficient way to operate. Councilman Caimano-Ifyou look at Recreation, Cemetery, Building and Grounds and Water, obviously the largest need is Water. My suggestion and the suggestion of the Water Committee is that we get a qualified mechanic to handle his equipment and start doing your plan of consolidation by doing the maintenance work on those other three departments at the Water Treatment Plant. Councilman Monahan-And the Wastewater Department. Mr. Flaherty-Wastewater we do now. Councilman Caimano-So you would have five, Water, Wastewater, Recreation, Cemetery and Building and Grounds and fleet all being done at the Water Department. Supervisor Champagne-Let me tell you, I don't want to speak for anyone but myself but I've made a couple of trips to Albany in town vehicles and I said my prayers in order to return. We've got some equipment, we've got some vehicles out there that do need some heavy duty maintenance. So, what's our next step? Councilman Monahan-Advertise the position. Councilman Caimano-Do you have a job description? Mr. Flaherty-Yes we do. Councilman Caimano-I think he should publicize the job, get some applications, find out who he can hire and bring them forward. Town Board held further discussion and agreed to start the process for the position of mechanic. COMMUNICATIONS Deputy Town Clerk Mitchell read the following letters into the record: Town of Queensbury Town Board: As a resident of the Town of Queensbury I am concerned of the possible conflict of interest with the 1.8 million expansion work and extra work performed by Adirondack Construction Corporation during that time period Victor Macri was President of Adirondack Construction Corp. and served on the Town Planning Board. I request that the board appoint an individual or group to investigate this matter. Sincerely, Brian E. Granger Town of Queensbury Town Board: As a resident of the Town of Queensbury I am shocked and dismayed by the article in the Post Star on Sunday February 13, 1994 regarding the awarding of the roofing contract. I request that the board appoint an individual or group to investigate the allegations that were made in the article. Furthermore, R.D. Monahan performed the roof work on the 1.8 million expansion and did Mrs. Monahan vote on any other change orders or extras that involved her husband's company. Sincerely, Brian E. Granger Councilman Caimano-Noted, both these issues are in a matter oflitigation and I don't know that we should say anything. Attorney Dusek-The conflict of interest questions and the issues raised, I see that they've been cc to the Ethic's Committee. Councilman Caimano- They have no standings, that law was not in effect when this happened. Attorney Dusek-My point being, that's your body that's designed to do this and if they feel that they don't have any standing, they'll make that determination. Councilman Monahan-I think the Town Board says they have no standings, they weren't even in effect at the time of those contracts. Attorney Dusek-That would be up to them to determine though, they are a separate body. The other thing, I agree Nick, it is in litigation and I think that I'm going to want to review this matter before I would recommend the board do anything. Let me just take a look at this and see how it fits into the litigation area and we'll take it from there. Councilman Caimano- When you're reviewing this, review the first thing you just said because I'm not a lawyer and you are but it strikes me that you can't hold people responsible for all of the tenets of a law prior to when you put the law into effect. So, if these matters happened in 1988 and 1989 and the law didn't go into effect until 1992, I can't see how the Ethics Councilor the Ethics Board could rule anything. Attorney Dusek-And I'm not suggesting that they are. What I merely indicated is that I noticed that it has been copied to them so if there's anything that they're going to do or can do, I'm sure they'll take a look at it from their aspect of it and you can wait from the response there. But I'm not at all purporting to indicate and I'm glad you mentioned that, the record should be clear, I'm not at all indicating that they have any authority to do anything. But they do have the authority to at least look at it to see if they have any authority, they've got to make that evaluation. RESOLUTION TO PREPARE AND DRAFT PROPOSED LOCAL LAW REGARDING EMERGENCY SERVICES ADVISORY COMMITTEE RESOLUTION NO. 85, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan Councilman Caimano-I would like to bring forward this Emergency Service Advisory Committee. I've checked with Paul and it requires a public law therefore it requires a public hearing and what I'm going to do now is present a resolution to this Board that we bring forward to this Board a law for public scrutiny called an Emergency Services Advisory Committee Law and I would ask that this law be drafted and put together with all possible speed. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION APPOINTING PLANNING BOARD CHAIRMAN RESOLUTION NO. 86, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne Councilman Caimano- I move the approval of Tim Brewer as the Chairman of the Planning Board. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver Discussion - Bicycle Trails Supervisor Champagne-For your information, we did pass along the bicycle trail information that we received from the Beautification and Environmental Committee that worked on this. We've had Harry Hansen take a look at it to see if there was funding that might come from some of the subdivision fees. Paul rendered a decision on that, there was some question as to whether or not we could spend subdivision monies to study bicycle trails. Attorney Dusek-It's my opinion, you can not and it's based on the language that's set forth both in the law as well as the resolution that set up the fund. There's just no leeway to allow that expenditure of money. Discussion - George Stec's Property Offer Councilman Caimano-A quick question, we've had our bi-annualletter from Mr. Stec to sell land. Have you handled this problem yet? Supervisor Champagne-Yes, we're at a point here where we're going to say to Mr. Stec we're really not interested in the property. Do we need a resolution to that affect. Attorney Dusek - I should just mention for the record, I've stayed out of all of that because of relationship. Nick knows I have abstained from any discussions on that. RESOLUTION AUTHORIZING LETTER FROM SUPERVISOR RESOLUTION NO. 87, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan Councilman Caimano-I would gladly enter a resolution in the minutes authorizing the Supervisor to send a letter to Mr. Stec indicating that thanks but no thanks regarding the land. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 88, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter Executive Session to discuss Professional Services, Personnel Matters, Acquisition of Land and Litigation. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO RECONVENE RESOLUTION NO. 89, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enter Regular Session. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO ADJOURN RESOLUTION NO. 90, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 14th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESPECTFULLY, DARLEEN M. DOUGHER TOWN CLERK-TOWN OF QUEENSBURY