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1994-03-14 SPECIAL TOWN BOARD MEETING MARCH 14, 1994 7:05 P.M. MTG #14 RES. NO 132-141 BOARD MEMBERS PRESENT FRED CHAMPAGNE-SUPERVISOR BETTY MONAHAN-COUNCILMAN DR. R.GEORGE WISWALL-COUNCILMAN NICK CAIMANO-COUNCILMAN CAROL PULVER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul H. Naylor, Mike Shaw, Jim Martin PRESS: GF Post Star TOWN BOARD WORKSHOP PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO Supervisor Champagne called meeting to order ... RESOLUTIONS RESOLUTION RETAINING SERVICES OF BEATY APPRAISALS RESOLUTION NO. 132, 94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury is considering the construction of a road on land located on upper Route 9, Town of Queensbury, and WHEREAS, the Executive Director for the Town Community Development Department has recommended to the Town Board that an appraisal be obtained for said property, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Beaty Appraisals to provide an appraisal in connection with the above-referenced project, and BE IT FURTHER, RESOLVED, that the costs of the appraisal shall not exceed the amount of $500.00, and shall be paid for from the Highway Contractual Account No. :04-5110-4400. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING REGARDING ACQUISITION OF FIRE EQUIPMENT FOR BAY RIDGE VOL. FIRE CO., INC. RESOLUTION NO. 133, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., desires to acquire a new piece of fire equipment, specifically, a KME Rescue Pumper, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., (the Issuer) desires to finance the purchase of said Rescue Pumper, and WHEREAS, the issuer has negotiated with the LaSalle National Bank of Denver, Colorado to enter into a lease purchase agreement qualifying as tax -exempt bonding under ~ 147 (f) of the Internal Revenue Code of 1986 as amended, and WHEREAS, said Internal Revenue Code requires a public hearing to be scheduled by the municipality under which the Issuer is subject to contract to provide fire services in the Town of Queensbury, and WHEREAS, the said Issuer pursuant to ~147(f) of the Internal Revenue Code of 1986, as amended, has requested that the Town Board of the Town of Queensbury hold a public hearing pursuant to said statute to authorize the approval of said financing and authorize the Supervisor of the Town of Queensbury to execute an approval of said financing to comply with the statutory requirements, and WHEREAS, the Town of Queensbury is desirous to facilitate said financing on behalf of the Issuer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a public hearing with respect to said financing to be held on April 4, 1994 at 7:00 p.m. in the Town of Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, for the previously stated purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk of the Town of Queensbury to publish a notice of public hearing as soon as possible in the official newspaper for the Town of Queensbury, said notice to be published at least 14 days prior to the scheduled public hearing date as required by ~147(f) of the Internal Revenue Code of 1986, as amended, and said notice to be in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall not and does not, by this resolution, create or intend to create, any assumption on the part of the Town of Queensbury, of any obligation or liability for the financing referred to herein, other than that which may exist by virtue of the agreement entered into between the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., for fire protection services dated December 20, 1993, which agreement is in writing and contains the full terms agreed to by the parties. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND JOSEPH R. WUNDERLICH, INC. RESOLUTION NO. 134, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury currently retains the amount of $6,849.93, as retainage on Contract NO.5 with Joseph R. Wunderlich, Inc., and WHEREAS, Joseph R. Wunderlich, Inc., has made a demand for the return of the retainage, and WHEREAS, the parties have met, reviewed the facts, and recognize that differing positions exist as to whether and how the Kaidas Kitchen drainage pipe was damaged, and whether the settlement made with Kaidas Kitchens should be deducted from the retainage, and WHEREAS, the parties are desirous of settling the issue of the return of the retainage as opposed to litigating or arbitrating the amount to be returned and a proposed settlement agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the proposed settlement agreement referenced hereinabove, and hereby authorizes and directs the Town Supervisor to execute said agreement on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment of said sum shall be paid from the following accounts: $4,849.93 from #076-8150-2899 and $1,000.00 from #032-1930-4400, and BE IT FURTHER, RESOLVED, that a special audit of bills as represented by Voucher #94001095 in the total amount of $5,849.93, payable to 1. Wunderlich, be and hereby is approved. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS RESOLUTION NO. 135, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Anthony Maresco to serve as a member of the Zoning Board of Appeals, said term to expire on December 31, 1995. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSIONS Discussion - Bill Threw C&D Landfill Executive Director, Mr. Jim Martin noted, that Mr. Mike O'Connor had requested this discussion but he's not present. Councilman Pulver-As it stands right now, I don't think there's anything to discuss. There's been a determination that it's in a Waterfront Residential area and it's not an allowed use. Executive Director, Mr. Martin-Yes, I feel very secure and firm in my determination that a variance is needed first and foremost from the Zoning Board of Appeals on this. Councilman Caimano- Yes, I thought we were here to hear the arguments against our recommendation. Executive Director, Mr. Martin-Yes, I went to Fred with this at his request, so I don't understand why he's not here. Town Board agreed to hold until later in the meeting. Discussion - Hiring of Engineer Re: Air Conditioning for Queensbury Activity Center Supervisor Champagne-We're looking at hiring an engineer to review the air conditioning needs for the Activity Center. I just wanted an opinion from the Board to have Pete, Superintendent of Building and Grounds, engage an engineer to study the needs and to identify best ways to resolve the conditions that exist in this building during the Summer months. Town Board held discussion and agreed to bring in a couple of proposals and go from there. Discussion - Landfill Supervisor Champagne submitted and reviewed with the Town Board two computer printouts of budget scenarios on landfill proposals, factoring in expense cuts and increased fees. Discussion - Miscellaneous Items Councilman Caimano referred to the front page of the Post Star of March 11, 1994 showing a picture of our Highway Department and Water Department working together to help clear our roads. Highway Superintendent, Mr. Paul H. Naylor noted that the Highway Department, the last three days has been working on the chipping of limbs along the roadways. Supervisor Champagne noted that when you're ready to go to the residents, let us know so that we can notify the public. Councilman Monahan noted that the Scoping Session is set for the North Queensbury Sewer this week. Jim has done an excellent job of preparing the items we should consider during scoping and I would suggest that copies be made of this so that they can be made available to the people when they arrive. I also would suggest that calls go to our own environmental committee and the sewer committee so that they are aware of this meeting. Executive Director, Mr. Martin-I would suggest too that an invitation be extended to Mike Shaw. Discussion - Bill Threw C&D Landfill Supervisor Champagne- I know some of you are here tonight to hear the Threw proposal on the landfill so I'd like to take a minute and bring you up to date as far as the Town Board's position. We've identified it as Waterfront Residential one acre zoning and it's our opinion that it's going to take a variance in order to make what ever changes are necessary. Also, the proximity to and the depth of neighboring drinking wells should be identified. Depth of groundwater should be provided. Distance to surface water bodies that needs to be examined. Is a liner going to be used to prevent leaching? What kind of a design does he have? None of that, to my knowledge has been identified at this stage. Executive Director, Mr. Martin-I think the problem here is, we've got two pieces of information. One has been given to DEC for their permitting process, or one set of information and the other has been given to us for our permit. They're not matching up and I think the information we've got so far is lacking and at a minimum we should at least get what has been submitted to DEC. But we have very little information right now in terms of a formal application for our permit. Councilman Monahan-Jim, correct me if I'm wrong. As the Zoning Administrator, you have made a determination this is not a permitted use in that zone. Executive Director, Mr. Martin-That's correct. Councilman Monahan-Therefore, their only option now is to appeal your decision or to get a variance from the Zoning Board of Appeals. That's their next step, the Town Board is not involved in this. Executive Director, Mr. Martin-Right, that's why I was surprised that the request came before this Board. I really think that the next relevant place for this is with the Zoning Board of Appeals. Councilman Monahan-We have no standing. Executive Director, Mr. Martin-The other option would be a change of zone but I think that, by definition, that would be spot zoning if that request were to come in. Discussion - Highway Department Distributing Sand Highway Superintendent, Mr. Naylor-I've got a little problem. I read in the paper the other day that I'm going to get five thousand truck loads of sand next month. That will be the same time I'm going to be picking up my sand along the roads. I need a resolution maybe to give it to the taxpayers since it's supposed to be a big commodity and we should give it to all the taxpayers. We have done this in the past but I'd like to get it straightened out for the future. The county does it that way and the county, I think since 1967, have a resolution from the Supervisors. But we will not be able to take that sand back over to our pit because they'll be trucking dirt in there from the mall. Supervisor Champagne-Our trucks deliver it to the property owners? Highway Superintendent, Mr. Naylor-If we're in your neighborhood picking it up with the sweeper and you come out, sign a piece of paper, we usually give it to you. Town Board held discussion and agreed to have Attorney Dusek research further. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 136, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter Executive Session to discuss one matter that's in litigation concerning a sewer district matter and a matter for professional services. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 137,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session to enter Regular Session of the Town Board. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RETAIN PROFESSIONAL SERVICES RESOLUTION NO. 138, 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 authorizes the Town Supervisor to retain the professional services of LaVerne Fagel at a cost not to exceed $500.00 to be paid for from the Town Engineering Account. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 139,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter Executive Session to discuss matters leading to the sale of property and to discuss personnel matters. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 140,94 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 from Executive Session to enter Regular Session of the Town Board. Duly adopted this 14th day of March, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO. 141,94 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 March, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY