Loading...
1994-05-02 TOWN BOARD MEETING MAY 2,1994 7:05 p.m. MTG.#22 RES. 219-236 LL# 5 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Attorney Paul Dusek TOWN OFFICIALS-Highway Supt. Paul H. Naylor, Director of Wastewater Mike Shaw, Town Assessor Helen Otte NEWS MEDIA G. F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Fred Champagne-Opened the Meeting PUBLIC HEARING PROPOSED LOCAL LAW DESIGNATING DUNHAM'S BAY ROAD ONE-WAY TRAFFIC NOTICE SHOWN Supervisor Fred Champagne-Moving in to the Public Hearing we are going to be hearing pros and cons on a proposed local law, Dunhams Bay one way traffic, is there anyone here to speak for that proposal? Highway Superintendent Paul H. Naylor-I am here to speak for it. The State of New York is here to speak for it too, I believe in a letter we received that is the way they see it, I do too. Supervisor Champagne-Ok. Anyone else? Mr. John Salvadore-My name is John Salvadore, I reside and have a business in the vicinity of this road. What brings us to this point? Councilman Nick Caimano-Is that a question? Mr. Salvadore-Yes. Supervisor Champagne-Mr. Naylor, Mr. Dusek what brings us to this point? Attorney Paul Dusek-Well the project has quite a bit of a history but, I think John you are very familiar with the issues that have circulated up there as to who owned the roads and whose responsibility was the maintenance and we resolved that as you know last year to the extent that the Town determined that it was a Town road and we felt we had sufficient legal title. Thereafter in fact I think you were one of the people that insisted that the Town get up there and properly sign and traffic signals and whatever else they had to be done with the roads so the town undertook this endeavor. In communication with New York State as I understand it they were in the process of finding out whether they could put stop signs up there and New York State said yea you can put a stop sign at one point but we want the other point to be one way. That is what I got from Paul, I don't, Paul is nodding his head there, so I guess I am saying it correctly. So, that is why we are where we are right now, we are trying to get that road into proper shape. I drafted a law, Paul has given the guidance in terms of you know the layout of the road and we are ultimately going to mark out the Towns exact boundaries on that road. Mr. Salvadore-In all of this and by the way it has been going on for like four years, we have never really determined what is the town road. Attorney Dusek-Yes, we have. Mr. Salvadore-You have. It should be noted that this is a town road by use all of the land underlying this road is owned by others in this town, is that not true Paul? Attorney Dusek-That is true. Mr. Salvadore-All of the land underlying this road is owned by others. Attorney Dusek-I think it is also important to state John, as you know that a road by use or a road by deed as far as the practicality of the citizens passing over those, that road and using it as a road there is no difference. Mr. Salvadore-What were you using, were you in fact using it? Those Attorney Dusek-It is my understanding is that those issues have all been resolved as oflast year. Mr. Salvadore-Well that may be your understanding. Supervisor Champagne-John do I understand that you are opposed to this plan, let me ask you that question. Are you opposed to moving in this direction? Mr. Salvadore-I do not know, because I have come here for the first time to learn the direction of the one way, when you established this public hearing it said making Dunham's Bay Road a one way road, you could not even tell then in which direction. Basically I am not in favor of this, this would put a severe burden on me as I access my property. It would necessitate me traveling along Route 9L for a distance of some five hundred feet with vehicles that I am not normally required to have licensed. Work vehicles, tailors I do not license. At the present time I can access my property by transversing the road, not traveling along it. I do not need licensing for that. You make this a one way road it necessitates me going up around with the vehicles...and entering up there it doesn't ...it is not safe for me to do that with the vehicles I have. I do not know how the other neighbors feel but I just cannot imagine being in favor the traffic that I produce on this road for my business and my personal, wanting this traffic traveling by their front door. Councilman Caimano-I feel that I am in a time warp. I was on the Planning Board for two years I have been on this board for three years and for every day of my life I have heard you complaining about making that a town road one way, now we are doing it and you do not want too. Mr. Salvadore-The subject of one way has come up in the last two weeks. Councilman Caimano-What did you want to do make it a two way road? Mr. Salvadore-Pardon me? Councilman Caimano-Would you like to make it a two way road? Mr. Salvadore-It is a town road. Councilman Caimano- The town has decided to make it one way. Mr. Salvadore-Who has decided. Councilman Caimano- The town has decided to make it one way, we are holding a public hearing on that aspect. You keep complaining about that road for five years and I have been on these boards. Mr. Salvadore-Not that is ... a one way road. Councilman Caimano-What do you want it to be? Mr. Salvadore-It is very convenient for me to have a two way road, ok. It is very unsafe to operate as a two way road, but that is your problem. Councilman Caimano-Right, and we are settling it and going to make it a one way road, that is how we are settling it. Mr. Salvadore-You are going to enforce this the use of this road as a one way road? Supervisor Champagne-My guess is it will be a one way road just like every other one way road in the town and will be enforced accordingly. If that is the law then that is the law. Councilman Wiswall-Would it be better if we abandoned that road? Mr. Salvadore-I guess that is your choice. Councilman Wiswall- Well, I am asking you... Mr. Salvadore-It does not bother me at all... Attorney Dusek-Maybe I could just address that point, Doc, because I have been involved in this for a number of years. The Town at one point was willing to explore any option, abandonment, the first question was, did we own it or didn't we own it, we made a decision that although it certainly it could be debated and I have always conceded this to John, we felt there was sufficient evidence, sufficient cause for the Town to claim ownership over the road because of the history, the nature of the road etc. After we had determined that though the next question became and I said this I believe to I see John Schriner is here, and I think at one point I said this to all three owners up there, I think the Town's best interest probably to abandon it to all three of them. However, the three of them could never come to terms on the abandonment and Mr. Schriner is here tonight and he was very concerned about preserving access to his parcel so ultimately the idea of abandonment just did not look like to was going anywhere so the town then said ok, this is a town road and Mr. Salvadore, John you were after us I remember distinctly in meetings last fall where you said the thing has got to be signed and you had asked us if we had hired engineers to get it done and my understanding was that Paul Naylor thereafter went after it to try to get it properly signed. The thing is I guess at this point, what I have to stress to the Board is you know, this is not something that Paul Dusek dreamed up or Paul Naylor I think it happened as I understand it during the course of trying to arrange for signage on that road that New York State said, that ought to be one way. Mr. Salvadore-Are you saying this is the only solution to that intersection? Attorney Dusek-I would have to defer to Paul on that, I did not talk to New York State. Highway Supt. Paul H. Naylor-In my professional opinion, yes. Mr. Salvadore-It is the only solution, that intersection... Highway Supt. Paul H. Naylor-You drove up on that road John, would you drive up out of there in the winter and say its safe, no, if you had the responsibility would you say yes? It is mine and I say no. Mr. Salvadore-My question is in its present, I understand in the present state that it is unsafe...my point is can it be improved to the point where it is safe? Highway Supt. Paul H. Naylor-It is a road by use and what a road by use means is right where you and I and a group of people walked up and down and decided where it was, that is where the Town Road is, it would have to be all redesigned, re-engineered and everybody that lives beside it or around it would have to give up land. Mr. Salvadore-But it could be improved. Highway Supt. Paul H. Naylor-The easiest way is a one way street. Mr. Salvadore-John do you have anything to say? Come on up. Mr. John Schriner-I own the property just above dead center of this road only fifteen feet of it and I have asked for handicapped parking there for a friend of mine who owned the property at the time I asked for it, that is when all this got started as to who owned it, can't have handicapped and so forth but I put sign up anyway. My concern one of the gentlemen there said abandon the road and my concern was, my section is on a diagonal probably fifty feet on the south side of the road fifteen feet on the ...1 felt that if that was abandoned I would be liable for owning this piece of property where Dunham's Bay Boat Company has all kinds of traffic going through there customer and I did not feel like I should have to stand the liability insurance to cover this. This is why I said to Paul, I do not want it, if need be I just as soon have it be town. Then we discussed like he was saying we all got together and the last I had heard we were talking about fifteen foot roads, two and a half feet on each side on the south side and this would enable me to have parking on the lake side on the North side of this road. But the map that Paul sent me there, has no measurements or anything just designed what is there now and my big concern, how much of this is the Town going to take, a road by use. How much of the width, is it. Attorney Dusek-My understanding was the map that was drafted by Leon Steves goes to indicate the area of the, I have not looked at it again I will have to go back and look at it, Mr. Schriner-I brought the map with me but I see nothing that shows, all it is showing is the compete road that is there now. If the Town is going to take everything this is worse for me than it was before I will have no place to park. Attorney Dusek-What we are doing is defining the road area by use which would include the shoulders and the places where you could park. Mr. Schriner-Why would it include the places where you park and the shoulders, that is on my land. Attorney Dusek -Not that part. Mr. Schriner-I can show you, where it is. Attorney Dusek - I think, my opinion would be on the issue of the exact road dimensions that is something that is still ironed out between the parties and the Town but it does not really relate to the issue of whether this should be one way or not tonight. Mr. Salvadore-After you iron it out you might find out that you do not have any road. Councilman Caimano-Just a point of clarification for you Fred and for you Carol and correct me if I am wrong, Paul, you mentioned the handicapped sign, I think there was a time when this board in spite of everything else said go ahead and put your handicapped signs up there. Mr. Schriner-I did it. Councilman Caimano- Y ou did it and Mr. Schriner-I did do it even though we all agreed that it was not legal. Councilman Caimano- That is correct. Mr. Schriner-It cannot be enforced one way or the other. Councilman Caimano-And the Howards at least for a time agreed to it. Mr. Schriner-We did have an agreement between them that they would not use it, which he lived up to. As far as the one way as an individual I do not care one way or the other. This can't concern me, I do not have equipment like John has, I do not have equipment like Roger has I have an automobile that I want to get down to my boat, that is my main concern. I do not want to be locked out on either side that I cannot get to it that is my big concern, that is all. That is all I have to say. Supervisor Champagne-Thank you. Mr. Salvadore-If you want to risk, if you want to go ahead with this fine but you may find out later that we are going to establish the Town road boundaries, we are going to establish those boundaries they can be done by a surveyor, ok, it is very simple we have already got it done and on a map I had it done for my benefit, we will establish those boundaries and the Town will have the right to use as a road by use the town road it is identified. My parking area that has been used for parking by my guests, my people, myself we are going to claim that, that is going to be ours. If we have to put in on that parking area traffic in the other direction to get access to our land we will do it but it will be very private. That one way will be very private and we will make sure that, that other road is used one way in that direction only by everyone. Supervisor Champagne-Paul, do you have a problem with that, his claim? Highway Supt. Paul Naylor-I could go on here the rest of the night. Supervisor Champagne-Thank you, anyone else? Councilman Monahan-We have only gone on here probably five years on this Paul. We probably only done this about five years I think. Councilman Caimano-Like I said I think I am living in a time warp. Highway Supt. Paul Naylor-.....the whole part of it is when you travel into the road I thought it was ....period you had to have a license on anything... Supervisor Champagne-Anyone else care to speak for or against the Mr. Salvadore-Excuse me, Paul what did you say? Highway Supt. Paul Naylor-I said I thought you crossed the road you needed a license... Mr. Salvadore-No, there's in the category of farm equipment you can cross your property from one side to the other you do not have to have a license. Highway Supt. Paul Naylor-I will check with the Sheriff in the morning and make sure that is legal. Supervisor Champagne-Ok. Anyone else care to speak? I will close the Public Hearing. RESOLUTION TO ENACT LOCAL LAW DESIGNATING DUNHAM'S BAY ROAD IN THE TOWN OF QUEENSBURY FOR ONE-WAY TRAFFIC RESOLUTION NO.: 219, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law which would provide for the designating of one-way traffic on Dunham's Bay Road in the Town of Queensbury, and WHEREAS, a copy of the said proposed Local Law entitled, "A Local Law Designating Dunham's Bay Road in the Town of Queensbury for One-Way Traffic" has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board, and WHEREAS, on May 2, 1994, a public hearing on said proposed Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts and enacts the proposed Local Law Designating Dunham's Bay Road in the Town of Queensbury for One-Way Traffic, to be known as Local Law No.: 5, 1994, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None LOCAL LAW NO.: 5,1994 A LOCAL LAW DESIGNATING DUNHAM'S BAY ROAD IN THE TOWN OF QUEENSBURY FOR ONE-WAY TRAFFIC BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to designate Dunham's Bay Road for one-way traffic, as authorized under the Vehicle and Traffic Law of the State of New York, and as recommended by New York State Traffic & Engineering Safety. 2. Definitions: For the purpose of this Local Law, words used herein shall have the same meaning as set forth for the definitions, if any, of such words in the Vehicle and Traffic Law of the State of New york. 3. One-Way Traffic on Dunham's Bay Road in the Town of Queensbury: Dunham's Bay Road, lying and existing off State Route 9L in the Town of Queensbury is hereby designated for one-way traffic, proceeding in a southerly direction, from the northerly most intersection of Dunham's Bay Road and said Route 9L. No persons shall operate a motor vehicle over the aforesaid Dunham's Bay Road in a northerly direction or toward the northerly intersection of Dunham's Bay Road and State Route 9L. 4. Authorization and Directive to Town Superintendent of Highways: The Town of Queensbury Superintendent of Highways is hereby authorized and directed to install and maintain such traffic control devices as may be required to be installed or maintained by the Town by reason of this Local Law, the New York State Manual of Uniform Traffic Control Devices and New York State DOT Regulations. 5. Penalty: Any person violating any provision or paragraph of Section 3 of this Local Law shall be subject to such penalties as shall be allowed or provided by Article 45 of the Vehicle and Traffic Law of the State of New York. 6. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION AUTHORIZING PURCHASING PROCEDURES RESOLUTION NO. 220.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of revising its purchasing procedures and repealing any previous procedures that have been adopted by the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury cites Town Law ~41-a and General Municipal Law ~ 104-b as authority for this Resolution, and WHEREAS, the proposed revised purchasing procedures have been circulated for review among the Department Heads at the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the procedures as presented at this meeting and hereby directs that the Town Clerk shall furnish a copy of these final procedures to all Department Heads and Districts of the Town of Queensbury. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Monahan-There has to be two corrections the new page seven in place of the old page seven and on page three of our original document entitled Purchasing Procedures 3-28-94 draft number three comes out and is replaced by the two page material that the Attorney gave us title was AB. C. under neigh it and C has three parts it is a two page document. vote taken RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT FOR SALE OR CONVEYANCE OF SCRAP METAL RESOLUTION NO. 221.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Agreement for Sale or Conveyance of Scrap Metal on behalf of the Town of Queensbury and to place the seal of the Town of Queensbury on said document. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None Supervisor Champagne- Iron is selling for $41.25 a ton... RESOLUTION ESTABLISHING INTEREST RATE TO BE PAID IN CONNECTION WITH THE FIRE FIGHTER SERVICE AWARD PROGRAM RESOLUTION NO. 222.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Article 7 of the Plan Document established for the Town of Queensbury Service Award Program provides that the Town Board, as Trustees, will determine annual contributions to the Plan, as well as the percentage of interest to be paid by the Town on contributions for the period of time the annual contribution due the Service Award Program Trust Fund has not been made, and the rate of interest used to calculate the annual contribution calculated to fund any prior service liability in accordance with Section 7.03 of the Program Document, and WHEREAS, the Town Board has been advised that interest rates earned in January of 1994 on investments of funds accruing from taxes were at the rate of 4.65%, as calculated by the Director of Accounting Services for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the interest rate to be paid on unfunded contributions to the date of funding for annual contributions to be made to fund prior service liability, shall be 4.65%, and BE IT FURTHER RESOLVED, that the Town Supervisor, working with the Fire Service Awards Administrator, Mr. Ed Holohan, is authorized to make the contribution to the Fire Service Award Fund as soon as practical, and said contribution, after being calculated, shall be paid for from Account No.: 005-3410-4980. Duly adopted this 2nd day of May, 1994, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES : None ABSENT: None Councilman Caimano-How does this interest rate compare to last year? E.J. Christensen-The same. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 223.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1994 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 1994 budget: FIRE MARSHAL: FROM: TO: AMOUNT: 001-3410-4400 001-3410-4820 (Misc. Contractual) (Uniform) $ 150.00 TOWN CLERK: FROM: TO: AMOUNT: 01-1410-4010 (Office Supplies) 01-1410-2001 (Office Equipment) $ 950.00 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION REJECTING BIDS FOR NEW SCREEN PLANT RESOLUTION NO.: 224.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously advertised for bids for a new screen plant, and WHEREAS, bids were received, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rejects all bids received for a new screen plant and hereby authorizes the Town Supervisor to take whatever steps may be appropriate or necessary to accomplish the purposes and intent of this resolution. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND FEEDER CANAL ALLIANCE RESOLUTION NO. 225.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury and the Feeder Canal Alliance desire to enter into an Agreement to provide certain signs, park benches and picnic tables for the Feeder Canal area, and WHEREAS, the furnishing of the aforedescribed picnic tables, signs and benches will provide recreational benefits and also allow residents of the Town of Queensbury and others to more fully understand and enjoy the history associated with the Feeder Canal, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury and take such other and further action as may be necessary to carry out the purposes of the Agreement, including any payments required thereunder, and BE IT FURTHER RESOLVED, that any payments due under the aforesaid Agreement shall be paid for from the 1- 7110-4825 Account, and BE IT FURTHER RESOLVED, that, pursuant to the provisions of Town Law ~220, this Resolution shall be subject to a permissive referendum, in accordance with the provisions of Article 7 of the Town Law, and BE IT FURTHER RESOLVED, that the Town Clerk, in the manner provided for notice of special election, shall post and publish a notice which shall set forth the date of adoption of this Resolution and contain a full copy of this Resolution. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION RETAINING MALCOLM PIRNIE FOR LANDFILL ENGINEERING WORK RESOLUTION NO.: 226.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, it is the Town of Queensbury's desire to retain the services of Malcolm Pirnie to provide professional engineering services in conjunction with the Landfill closure project, and WHEREAS, the Town Board of the Town of Queensbury has determined that the engineering services needed at this point are those professional services which will result in the completion of all documents necessary for the Town to bid the construction work necessary for the closure of the Landfill, and WHEREAS, the Town Board of the Town of Queensbury notes that Malcolm Pirnie has previously provided services in connection with the Landfill closure project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of the services of Malcolm Pirnie for the purposes described in the preambles of this resolution, at a cost not to exceed $39,800.00, to be paid for from the Landfill Closure Capital Project (Fund #092), and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign an agreement for the professional services, said agreement to be in a form to be approved by the Town Attorney. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RISK MANAGEMENT POLICY RESOLUTION NO.: 227.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a statement of policy concerning risk management in the Town of Queensbury, and WHEREAS, a copy of a proposed Risk Management Policy has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the Statement of Policy concerning Risk Management presented at this meeting, and hereby further authorizes the Town Supervisor to arrange for a copy of the Risk Management Policy to be distributed to all department heads, and BE IT FURTHER, RESOLVED, that a copy of the Risk Management Policy shall also be kept on file and further copies shall be made available at the Office of Town Supervisor, Town Clerk, and the Accounting Department. Duly adopted this 2nd day of May, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-What we are attempting to do here is to put into place throughout the Town a Risk Management Program that really focuses in on all workers in terms of health and safety. Our goal obviously is to encourage the department chair people to have the responsibility for over all safety and health operations. Basically that is what this does, certainly it enhances our position with our insurance carrier and at the same time puts some focus and some direction as to where we would hope to go in terms of policy for risk management. Councilman Monahan-You should also say that we are emphasizing that each employee is responsible too. DISCUSSION Councilman Caimano-It is my pleasure to introduce to the Board and to the public and to the other members of the Town that Jim Sheehan Councilman from the City of Glens Falls. Jim would you come up please? We have had, we meaning the Town Board and the City Council have had two meetings now preliminary meetings to try and foster better relations between the City of Glens Falls and the Town of Queensbury. It is our opinion ours meaning collectively both boards that more could be done to work together. We have talked about some major things and we have talked about some minor things but sometimes it is the minor things that help for foster this relationship. We have asked Jim here tonight because we have put together a resolution which is going to tie together hopefully two committees one from the Town consisting of the Highway Supt. the Town Clerk the Recreation Director and Mrs. Pulver and myself as a representative of five from the Town with five members of the City of Glens Falls. We are going to be charged with two simple things, the first is simply a softball game in which the City of Glens Falls will host at East Field a Ball Game between the City of Glens Falls and the Town's workers of the Town of Queensbury. In addition to that a more serious aspect of these two committees is to begin a mental process if you will of thinking together. I met with Jim at his house with his wife and we kicked around several ideas which will go before this ten member committee. One of the ideas is having a contest a logo contest amongst our towns people. Basically the statement would be Glens Falls Communities working together. These kinds of things constantly put in front of the public and constantly put in front of the workers we think will help to foster a feeling of togetherness a feeling of working together. As a result of those things the big things which we are talking about the waters the sewers the roads will then work easier. But from little acorns big trees grow and we have taken the first step. So, Jim, welcome, welcome here and you made the resolution if you have some thing to say please do so. Mr. Jim Sheehan-You have explained it all quite eloquently there isn't much to add, one thing that we had decided that this should be ... the public good, benefiting both communities and we thought that we would make it a charity event and name a charity to benefit from this event that would be general one that would service both communities such as the United Way. To come up with a lot of specific ideas of different aspect of this event the allure of the event would be under the lights at East Field seeing that we do not have a baseball team right now. We have tentively chosen a date the beginning of August, August 6th with a rain date on the 7th. We are working with quite a few people in both communities and like Nick mentioned we think that this really is the beginning of bigger things because we are getting to know each other even though we are neighbors sometimes we don't get to know each other. I am enthused I think it is a great idea we are looking for approval from both legislative bodies to make this a formal committee. I would be glad to answer any questions anyone has about. Councilman Pulver-I think it is a great idea. Supervisor Champagne-I want to compliment both of you for working to this end. Certainly there has been a lot of communications between the City and the various meetings that we have had so far I am sure that it will continue and maintain the kind of cooperative spirit and cooperative venture that we have seen thus far. Certainly the Mayor has put a lot of energies into this also and it is looking real good. I see a cooperative spirit in the Christmas activities possibly even the 4th of July fireworks it is those kinds of things that I think is a good start. It is good public relations and it brings about some harmony within the troops. It is a great move and again thanks for the help and the work that you have put into it. RESOLUTION ESTABLISHING COMMITTEE WITH CITY OF GLENS FALLS FOR PURPOSES OF PERFORMING A ONE TIME CHARITY EVENT RESOLUTION NO. 228.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury feels that it is important to foster a spirit of intermunicipal cooperation with the City of Glens Falls and WHEREAS, the Town Board of the Town of Queensbury feels that on going communication between the Town Board for the Town of Queensbury and the Mayor and the Council for the City will serve to foster that spirit of intermunicipal cooperation, and WHEREAS, the Town Board of the Town of Queensbury also feels that the establishment of a committee for purposes of performing a one time event consisting of a softball charity event will also help to foster communications and the spirit of cooperation between the two municipalities NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby establishes a committee for the Town of Queensbury to be composed of five persons from the Town for the purpose of producing and carrying out a softball charity event and be it further RESOLVED, that the persons named and appointed to the committee are as follows: Darleen Dougher Paul Naylor Harry Hansen Councilwoman Carol Pulver Councilman Nick Caimano with Councilman Caimano to serve as Co-Chair with Councilperson Jim Sheehan from the City of Glens Falls, and be it further RESOLVED, that this committee is established with the understanding that the City of Glens Falls will appoint a similar committee composed of five persons who at this point, Councilperson Jim Sheehan has indicated will be: Margaret Farrell Bob Curtis Christine Bergeron Merrill Larry Fredella Councilperson Jim Sheehan Duly adopted this 2nd day of May, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Councilman Dr. Wiswall-Do you have any plans for a fourth of July fireworks? Councilman Sheehan-No, not that I am aware of. Councilman Dr. Wiswall-I think we are open. Councilman Pulver-Presented Councilman Sheehan with a "Q" pin from the Town of Queensbury HIGHWAY GARAGE Supervisor Champagne-I have been working with Mr. Brault and we will be back to the Town Board next Monday.. . SPECIAL ASSESSMENT DISTRICT Town Assessor Helen Otte-Spoke to the Town Board regarding Paul Goldman - Special Assessment Rate for the Town of Queensbury in the Lake George School District... Mr. Goldman faxed me today a proposal (on file), he has listed the information he needs to go further with this rate review procedure and he outlines the work that the Town of Queensbury property owners will perform in collecting data and getting this information to him. He will then proceed with the formal process and the actual filing and also representation in front of the State Board of Equalization and Assessment. He outlines an hourly fee and he lists the price between 4-6 thousand to complete this, a ball park figure, he does not know how good the material is going to be that we will furnish him. I think that it will be very good and he will have a lot of what he needs, I am hoping to keep on the low side of his estimate. Noted that the State Board of Equalization and Assessment acknowledges the sever problems they have with the process of setting rates and in Columbia County they are challenging these rates and the State Board of Equalization and Assessment said you guys have made a good point and we are going to look at this again. Councilman Caimano-Actually more to the point even the Governor has said it... Councilman Monahan-I gather a lot of that part of the case is what you keep talking about the timeliness of the data that the State Equalization is using the time of sales. Supervisor Champagne-Noted Mrs. Adamson was concerned about the time? Mrs. Adamson-It is coming through now... RESOLUTION AUTHORIZING SUPERVISOR TO ENTER INTO CONTRACT RESOLUTION NO. 229.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of filing an application and request for the establishment of a Special Segment Equalization Rate for a portion of the Town located within the Lake George School District and WHEREAS, the Town Assessor has advised the Town Board that assistance is needed in connection with the aforesaid project and that Mr. Paul 1. Goldman of Seeley, Segel, Goldman & Mazzotta, P.C. has offered to perform certain necessary services on behalf of the Town as more fully outlined in a letter of engagement dated May 2nd. 1994 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 approves the letter form agreement dated May 2nd 1994 and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury with the proviso that a further condition be added to the agreement that the Town of Queensbury shall be allowed to withdraw from the agreement at any time and discontinue the services of Mr. Goldman should the Town Board determine it appropriate to do so and the Town will be under no obligation other than to pay Mr. Goldman for the services he has performed to the date of termination of services and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby further conditions the employment of Mr. Goldman on the condition that the sum total to be paid Mr. Goldman shall not exceed Six Thousand Dollars ($6,000.00) without prior approval of the Town Board as indicated by a resolution adopted by the Board and that Mr. Goldman should exceed that sum without the Town Board's permission he does so at his risk of not being paid, and be it further RESOLVED, that the cost of services shall be paid for from the appropriate account. Duly adopted this 2nd day of May, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Dr. Wiswall DEFERRED COMPENSATION PLAN Discussion held E. 1. Christensen reviewed the various plans that Town Employees can voluntarily participate in ... no risk to the town.. . noted it is like a 40 lK plan for private employers.. . noted there are six different companies that are approved by the State to handle the funds... Supervisor Champagne-suggested that the program be bid, to see what is there...we need the approval of the Board to further study it....(Board agreed to further study) UNSAFE STRUCTURE Councilman Pulver-Spoke to the Town Board regarding a letter she received about a collapsed house on Ogden Road...1 have seen the structure and it is falling in, I have spoke to Mr. Martin about it and he went out there with Mr. Hatin and we have two choices to either have the Town take it down or the fire company can have a drill there...Mr. Martin noted that they will be speaking to the owners to see if that can be done. BLOWING TRASH Councilman Caimano-Noted we have received complaints about trash blowing from where the City dumps snow on fireman's field, is there something we can do to help get that cleaned up....Councilman Sheehan can you look into it? Councilman Sheehan-Yes. DISCUSSION HELD ON TOWN BOARD COMMITTEE Discussion held-new title -INHOUSE OPERATION ADVISORY COMMITTEE...Councilman Wiswall- Noted he was on enough boards...Councilman Caimano-Agreed with determining need for service programs, question if we are doing something here that we are going to saddle future Supervisor's and Town Boards with that they are going to have to undo? Supervisor Champagne-Spoke on the means to setting up an evaluation program to identify strengths and weakness...whether to throw it out would be the determination of the next Board...Noted he felt that it was the Board's opinion that we needed some type of evaluation.. Councilman Pulver-Yes, I am working on the committees on that, so I do not see that we need another committee... Supervisor Champagne-This would bring those departments together, we are not trying to take any power or thunder away from the operations among the committees, it is mearly to put together some people who can do some in depth studies of what is going on ...Councilman Pulver-Questioned how the information is going to get back... Councilman Caimano-How much time is this going to take for those on the proposed committee... questioned if it was fair or proper for these people to become staff managers... Supervisor Champagne-It is putting a management team together that you can look through some of the hidden agendas out there you can identify the problems that are amongst the employee groups and try to correct those and that basically that is all the team will try to do. Councilman Wiswall-I do not see any real value to this committee...Councilman Monahan-Suggested that we do this on the three month trail basis, identify the first task that they will tackle and lets see what comes out of it. Supervisor Champagne-I would like to go back and bring some of the people together and lets sort out some of the more important issues and we will come back and say does this issue appear to be the one that the Board would support to further study... ATTORNEY MATTERS Attorney Paul Dusek-One matter in open session and five assessment cases in litigation in Executive Session. 1. KMart-re: Sewer lines The Town has an agreement with the development company that they can install a sewer system and connect to the sewer system provided that they pay for that sewer system, they connect up when they are supposed to and that they put money in escrow to cover the cost of the installation of the system so the town is protected. The Town has agreed that if the developer does all that, you will enter into an agreement with the City to provide sewer service which the City has approved and the developer has in fact given us the down payment on that, that is due the City $8,500. and the Town has also agreed to take the final steps to establish the sewer district in that area, which is an extension of the Qsby. Technical Park District. The developer has not yet deposited the escrow money that are due the town under the agreement for the construction of the sewer system. Going by the developers figures indicates that it would be approximately $117,000. That is why I have recommended that the Board not take action because we do not have the money. The developer is aware of this, I got a phone call from Tim Morgan of the Qsby. Retail Partnership and Tim said he recognizes what the agreement was but he is asking that the Town Board would reconsider the clause in the agreement that requires him to put up what ever the money is and he would like to offer instead is, since he said Kubricky is the contractor and it is a local contractor put up a security and performance bond instead of the cash. I indicated that I would have to take this back to theoBoard to determine how you will want to handle it. Councilman Wiswall-I personally would rather have the cash. Councilman Monahan-You may have to sue in order to get payment under the bond and then we are back in court again. Councilman Caimano-I agree with Doc. Attorney Dusek-I agree with Betty, just because you have the security and performance bond it does not mean that you automatically get paid, if they feel they have any kind of defense against paying you they are going to exercise that defense and not pay you. (Agreed by the Board not to take the performance bond) OPEN FORUM Mr. Daniel Valantee-Valantee Builders-Tomorrow evening the Planning Board is going to make a decision on a project that is quite controversial between the Zoning Board and the Planning Board and the Town Attorney. The Town Attorney and I disagree on this thing and because of this Town Attorney, this thing has gotten as far as it has because both boards have been going on the advice of the Town Attorney. Whatever the outcome tomorrow evening so be it, that is the name of the game, I have been through this too many times but the thing that really concerns me is the way the system has worked, because according to the way the law is read and I am not a lawyer that any applicant that comes to this Planning Board or Zoning Board does not have to have proof of ownership, on the particular parcel that they are making the application for. Now, this particular circumstance that has just arisen, this applicant has made an assumption and bought a quick claim deed to the Zoning Board and then to the Planning Board based on him owning this particular piece of property that is in question. I provided documented proof that I own the property and I showed the Town that I owned the property I have title insurance on the property I have owned it since 1985 and the only thing I am disgusted about is why is the burden of proof on the person standing on the side line? Why is not the system set up that the burden of proof should be on the applicant? That is what I am asking for tonight. Attorney Dusek-I certainly understand your concern Mr. Valantee it is nothing in terms of, it is nothing personal. It is a matter of what the law is and what the obligations of the board are. You have to understand that the Planning Board and Zoning Board together have a job to do. In the case of the Zoning Board their job is if appropriate to grant variances to people requesting them and if people meet the criteria for a variance which in the case of foreinstance an area variance would be that they would be benefitted and the neighbors are not going to be to their detriment and if you balance the interest of the applicant vs the interest of the community etc. all those tests they have to grant the variance and they are looking at the zoning ordinance. The Planning Board on the other hand looking strictly at the Zoning Ordinance is just going through a process of is the parking sufficient, is the building the right height, is it set back the proper distance do they have well, do they have septic, those are the questions they have. Among the questions that the Town Zoning Board and Planning Board are not expected to answer is to clear up questions of title. We have a person who comes into the Board and says I have title, I have an interest, well if the Board grants an approval based on that interest or alleged interest all they have done is given him a right under our zoning ordinance to use it. The Board has not given him a right under law to take your property if that is what he is doing. It would be no different if somebody came in on your property and put a fence up you would not come to the Town and say well that is your fault town because he put a fence up on my property...ifthere is a question of ownership it is really between the two property owners and not the town. That is why the position that this Town Attorney is taking in this matter is that this is not a Town matter, the Town's matter is does he meet the Zoning Ordinance, does he meet the site plan. In addition it is also important to note, I heard the other night that a second attorney working for the Town Mark Schachner reached the same conclusions that I have previously reached. Mr. Valantee-Noted no matter what happens tomorrow night I have to sue the individual now...The Zoning Board and the Planning Board have turned and laid down for this applicant and I really want to know why. They gave him a variance on something that is narrower than a Town Road they gave him a variance on a piece of property that only has a right of way which is in dispute. Noted he knew of plenty of town where you have to provide a deed before they will issue a building permit, maybe that is one thing that this Town should do. The Town's responsibility in my opinion is to say hold it before we make a decision here let the two guys hash it out let them go to court...The process has got to be changed. Noted the reason why the parcel is divided on the map is because at the County Clerk's Office all right of ways do not have tax map numbers...There has got to be something in the process where common sense prevails that says if there is a cloud there you guys hash it out then bring it to the Zoning Board to be done... Attorney Dusek-What is important to understand here is that you could tackle this any time you want because the Town has basically said this is not our problem. Councilman Monahan-I have a hard time when we are saying to people in this Town we are going to let anybody that can lay claim to your land and they are not going to have to prove its theirs. Noted that in regard to mobile home they have to bring proof that you have a right to place the mobile home...1 think he has a point that before a Board hears a case the applicant should have proof that can not be contested, let the applicant get title insurance that they have ownership to that land. Mr. Valantee-Noted he was against the variance because I own a development on either side of it, two, he is going to maximum density, three, he may affect my septic systems and four, he is going to dig up my property to build, variance that the Town gave him for a road. Attorney Dusek-My opinion is based on current regulations the way they are written and the current state of the law. I am not indicating that you cannot possible amend them to make changes perhaps as Mrs. Monahan has indicated but that is another issue. Mr. Valantee-I am up here to change the system so this does not happen to some other guy. Councilman Caimano-We have come up with a glitch here and I think it is our job as the Town Board to correct it. Attorney Dusek-Noted that the applicant has a quick claim deed to the property and he has an Attorney that is saying I have checked the title and he has ownership rights...what we have is a situation where two property owners are going to battle. I would be happy to look at it to see what kind of laws we could put into place to assist in that regard. Mr. Martin-Noted he would require title insurance when there is a basis in law to require such... Attorney Dusek-With regard to the future we have to look at it think it out and decide what the appropriate policy will be...we do not want to be in the position of having to decide whether somebody has good title or not good title to property. Mr. Valantee-There has got to be something put in the procedure...1 do not want this to happen to anyone else. Mr. Pliney Tucker-Hiring of Malcolm Pirnie why are we doing that? Councilman Monahan-The Board evaluated the complexity of the landfill closure, where we were in the process and we felt we needed a firm with many areas of expertise and since Malcolm Pirnie was familiar with the landfill this Board determined that they had the expertise that we wished to use when we were closing the landfill. Mr. Tucker-They are going to oversee the process? Councilman Monahan-They are going to oversee the bidding documents. Mr. Tucker-Any idea when we will be awarding contracts? Supervisor Champagne-It would appear - 5 to 6 weeks. Mr. Tucker-Public Hearing on water? Attorney Dusek-Sometime in June... Mr. Tucker-Pasco Avenue Water Ext. has not started... Supervisor Champagne-That is pending DEC approval. Mr. Lewis Stone-Requested that there be more explanation of resolutions being brought before the Town Board...What is the job of the Town Supervisor? We had a discussion tonight about trying to form a committee to do a better job of running the community and I do not understand why the Town Supervisor who is a full time employee of the Town of Queensbury his job is at least in principal to make the Town government run efficiently, effectively and economically why he has to come before the Board to say I would like to meet with my department heads to discuss how well the Town is being run and how much better it can be run. Supervisor Champagne-The explanation of that is I am one vote on a Town Board of five people, I have equal rights, equal privileges and it is my opinion coming from my side that when we put this committee in place that we have full Town Board support for that committee. Mr. John Schriner-re: Dunhams Bay Road-how much will the Town be taking... Attorney Dusek-I would be more than happy to get Paul Naylor and myself and pull everyone together and go back over that to make sure we are all in sink. Mr. John Schriner-My main concern there is only 30' in the width where my property bounds and the bank of Route 9 L and I do not want the Town to come up and say we are going to make a 30' road and you cannot park on it. Attorney Dusek-My recollection was that the way it had been figured in the end we were leaving you with a parking spot because that was the concern if you got one on one side of the road or the other. Mr. Terry Brown-Resident of Queensbury - Native Textile over off Corinth Road, want to see if the Town or QEDC could have some of the construction work go locally... Councilman Caimano- W e will find out... Mr. Nick Nicholson-Are the businesses that come into our community are they taxed the same as residents are for full valuation? Supervisor Champagne-There are some tax benefits that go with that project. Councilman Caimano-$1500 per year for ten years and then full valuation. Supervisor Champagne-Companies will settle where they get their best deals... Mr. Nicholson-Noted he was upset when the assessments went up...and we pay taxes to give them breaks...spoke on some deals that went sour, they did not put anybody to work a lot of tax money left us, who pays? Councilman Caimano-Noted there is a potential for another company to be put in there which will come in at full, they will not be part of the incentive plan. Mr. Nicholson-Do we on these projects build the roads and put the water in? Councilman Monahan-Noted the infrastructure of QEDC was done by the Town. Supervisor Champagne-This was the technical park on Dix Avenue. Mr. Nicholson-This QEDC they are volunteers, where do they get their money? Supervisor Champagne-That money first came from an allocation by the Town to develop the technical park, the Town spent the money for the infrastructure and bought the property. That property was turned over to QEDC they have been selling lots off, the sale of those lots plus small cities grant to the tune of $400,000 so those monies that have accumulated over the course of time is now what is being spent on the property that is out there. Some of that money will be coming back to the Town, $90,000 is what the Town got from QEDC for the sale of that property. Councilman Monahan-QEDC the corporation would keep the profits to be used to attract business to the Town. Supervisor Champagne-QEDC will be repaying the original investment that the Town offered for the price of the property ...in the near future. Councilman Monahan-Spoke on the restrictions placed on QEDC, in their charter. Mr. Tucker-Questioned if QEDC was going to pay for the road and water going into this parcel? Supervisor Champagne-QEDC is not going to pay for that... Attorney Dusek-Noted there was talk both ways on it and ultimately the Town has a parcel in the back that it wants access to, so we are retaining a right of way over the property they are selling for $90,000 to get to their back parcel around the Hudson River Point. It is my understanding now the Town will put in the road from the point of where it leaves the current town road all the way back to its property, on the other hand, if it doesn't we are hoping maybe there is a way to join the roads that they are building internally for their own project. That is up for a subject of discussion tomorrow. Mr. Tucker-Questioned if the Town would put the road in to the parcel by the River right away? Councilman Monahan-Only enough to get them in to theirs Attorney Dusek-Then we are going to reserve a fee simple going back... Mr. Tucker-What I want to hear is the agreement that the Town is in right now they are going to build from where the Carey Road is to the property line and then the developer Supervisor Champagne-takes it from there. Mr. Tucker-That would be the same way for the water line... Mr. John Salvadore-RE: Native textiles- questioned how much taxes would they pay if there were no pilot program? Supervisor Champagne-I never calculated that out. Mr. Salvadore-How can you justify agreeing to a pilot program of$1500. if you don't know how much you are leaving on the table? Councilman Caimano-Because we took the point of view that dust would still be rising from there and there would be not taxes. Mr. Salvadore-questioned the cap on water... Councilman Caimano-I have been part of the negotiations and I do not remember anything about water at all. Mr. Salvadore-re: Dunhams Bay Road Questioned if you will be getting people together? Attorney Dusek-I think we ought to do that to clear it up. Mr. Salvadore-Requested the surveyor be present at the meeting. Noted there is a misconception here that there is a Town Road there, there is not one shovel full of blacktop on that stretch of road that the town ever had anything to do with it has all been done by private individuals, you do not own it you did not put it there, in fact you did not use it. Mr. Salvadore-The Department of Public Utilities are we doing anything? Councilman Caimano- Y es that is one of the things that we talked about tonight. Mr. Salvadore-I did not hear the word public utilities? Do we have a target date to put it in place? Supervisor Champagne-And you probably won't. No one ever said we are going to put it in place, we are still in the process of analyzing the benefits and the values it may survive and it may not. Mr. Salvadore-Noted he receive notice of a meeting regarding the Qsby. sewer? Questioned who was invited. Supervisor Champagne-We sent notices out to the same folks that we sent to the first time. Mr. Salvadore-At the last meeting Paul you asked a question on Clough Harbor and that was the town was going to have benefit of the results of their study and their options that they were going to look at are you satisfied that you ... Attorney Dusek-I have not seen any... Councilman Pulver-Noted she had received a communication from Clough Harbour... Supervisor Champagne-Noted that he would get copies to the Town Attorney... Mr. Salvadore-Re: Emergency Services-Questioned Tax exempt property... Supervisor Champagne-I go by New York State Law and N.Y. State Law identifies those properties that do have the right and privileges of being exempt. We are looking into it. Town Assessor Helen Otte-Noted she has a list of exempt properties ... Mr. Salvadore-Re: Emergency Services- requested a study be done on user fee for emergency services... Councilman Pulver-The present contract with the Town says that they cannot charge...as far as I am concerned everything is negotiable in their new contract. W.G.F. Emergency that is one of the things that they are looking at right now... Mr. Salvadore- I would like to see the Board establish from records of responses, what they do the budget you establish an amount of money that they are not going to receive next year and they will have to set up a program in motion to re-coop that from the work they do. Councilman Pulver-If there is the case that everyone is well and no ambulance service but we still have to pay the electric and lights and so forth that the Town would make up that difference...there has to be contingencies. Supervisor Champagne-Noted that he is meeting with Supervisor of Colonie and they have moved in that direction.. . Mr. Salvadore-Noted the Town owns two acres on Sandy Bay, that would be an ideal place for a park. Councilman Monahan-I will tell you the majority of the residents up there what the town not to develop that. Mr. Salvadore-There are a lot of other people that live in this Town that benefit from the fact that the Town bought...you are here for them also. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 230.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED that Audit of Bills that appears on Abstract dated 5-2-94 and numbered 94162300 through 94181002 and totals $164,903.40 be and hereby is approved. Duly adopted this 2nd day of May, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano 00127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 321.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board hereby moves into Executive Session for cases involving the tax assessor and two on professional services and one on personnel and negotiations. Duly adopted this 2nd day of May, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 232.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board here by adjourns from Executive Session and moves back into Regular Session. Duly adopted this 2nd. day of May, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 233.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Dr. R. George Wiswall RESOLVED, that the Town Board hereby accepts the resignation of Mr. Joseph Fiore from the Pine View Cemetery Commission. Duly adopted this 2nd. day of May, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION OF APPOINTMENT RESOLUTION NO. 234.94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mrs. Peggy Prime on the Pine View Cemetery Commission to fill the unexpired term of Mr. Joseph Fiore. Duly adopted the 2nd day of May 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENTS RESOLUTION NO. 235.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has reviewed five different assessment actions with the Town Attorney and is desirous of approving proposed settlements of the actions subject to Supreme Court Approval, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates its approval and authorizes the Town Attorney to settle the following actions at the following amounts: Nemer-Property Tax Map Number 109-3-27.2 settlement sum $297,700 to be the assessment for 1993 no interest to be paid on any refund that may be due. Nemer-Property Tax Map Number 59-1-8.3 settlement amount $1,000,000 to be the assessment for 1993 no interest to be paid on any refund that may be due. Hughes-Property Tax Map Number 30-1-22.1 settlement amount $508,000 to be the assessment for 1993 no interest to be paid on any refund that may be due. Hughes-Property Tax Map Number 30-1-27.1 settlement amount $1,769,900 to be the assessment for 1993 no interest to be paid on any refund that may be due. Parillo-Property Tax Map Number 125-1-29.13 settlement amount $3,411,200 to be the assessment for 1993 no interest to be paid on any refund that may be due. Duly adopted this 2nd day of May, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None DISCUSSION Councilman Pulver-Requested that the Town Board give the Supervisor permission to call the Highway Supt. and Water Supt. and assess their work situation as far as laborers...they may need some laborers for thirty days...see what staffing needs are... Supervisor Champagne-recommended that the committee come in with a recommendation of how many part time laborers are needed... Councilman Wiswall-Asked if Mr. Coughlin was going to clean up the road sides, noted that there is a bad area along Woodvale... (Board noted that this will be a program in the summer to pickup the road sides) Attorney Dusek-Reviewed with the Town Board the possible purchase ofland from Niagara Mohawk...two parcels $32,678.00 and the 25 acre parcel over here $87,500. ...we need feed back from the committee to the Board... RESOLUTION CALLING FOR ADJOURNMENT RESOLUTION NO. 236.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its regular session. Duly adopted this 2nd. day of May, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury