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1994-06-06 REGULAR TOWN BOARD MEETING JUNE 6, 1994 7:00 P.M. MTG#29 RES# 269-281 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN CAROL PULVER COUNCILMAN NICK CAIMANO COUNCILMAN GEORGE WISW ALL COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, MIKE SHAW, TOM FLAHERTY, RALPH VANDUSEN, HARRY HANSEN, PAUL NAYLOR, PETE BRAULT, KIM HEWLETT PRESS POST STAR Supervisor called meeting to order. Councilman Caimano-Asked members of the Board and public to stand in a moment of silence in remembrance of D-Day. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 269, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of May 2nd, 9th, 13th, and 23rd, 1994. Duly adopted this 6th day of June, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone DISCUSSION HELD Discussion held concerning Resolution To Set Public Hearing Proposed Increase Improvement Facilities Owned by Queensbury Consolidated Water District & Several Other Water Districts within the Town of Queensbury. It was the recommendation of Attorney Dusek to hold this resolution until the Map, Plan, and Report is fully completed so the public hearing can be set. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 270, 94 INTRODUCED BY: Mr. Nick Caimano 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: WATER DEPARTMENT: FROM: TO: AMOUNT: 40-8340-4240 40-8340-4320 (Repair Parts) (Service Mat.) $8,500.00 47-8340-4400 (Misc. Cont.) 47 -8310-4 710 (Eng.) 3,000.00 WASTEWATER DEPARTMENT: FROM: TO: AMOUNT: 031-8120-4300 (Utilities) 031-8120-4400 (Misc. Contractual) 48.00 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING TOWN DOG ENUMERATOR RESOLUTION NO.: 271, 94 INTRODUCED BY: Dr. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, in accordance with Town Board resolution no. 176, 94, established the temporary position of Dog Enumerator for the purpose of conducting a dog enumeration within the Town of Queensbury, and WHEREAS, the availability of the position was published in the Post-Star newspaper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Ms. Alberta Steans of 3D Queens Plantation, Sherman Avenue, Queensbury as the Town Dog Enumerator, said terms of employment to be in accordance with resolution no. 176, 94. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall Mr. Champagne NOES: None ABSENT:None RESOLUTION TO INSTALL STREET LIGHT AT INTERSECTION OF BURKE CIRCLE AND DIXON ROAD RESOLUTION NO.: 272, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Dr. George Wiswall WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of a street light at the intersection of Burke Circle and Dixon Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the following street light be installed: One (1) 150 watt sodium street light at Pole #NM 51, at the intersection of Burke Circle and Dixon Road, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said light shall be paid for as a general Town charge. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONSULTING SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAVERNE B. F AGEL REGARDING LANDFILL CLOSURE RESOLUTION NO.: 273, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has agreed to an Order on Consent with the Department of Environmental Conservation of the State of New York concerning the closure of its Landfill located adjacent to Ridge Road in the Town of Queensbury and is currently planning and arranging for the closure of its Landfill, and WHEREAS, Ms. LaVerne B. Fagel has offered to advise, assist and consult with the Town of Queensbury and the Town Board of the Town of Queensbury and such officers as may be designated by the Town Board of the Town of Queensbury in connection with the said Landfill closure project and has presented background and qualifications which indicate that her assistance and advice to the Town will assist it in arranging for the closure of the aforesaid Landfill, and WHEREAS, an Agreement with LaVerne B. Fagel entitled, "Consulting Services Agreement Between the Town of Queensbury and La Verne B. Fagel," has been prepared, and WHEREAS, the aforesaid Agreement has been reviewed and approved, in form, by the Town Attorney, and is presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the aforesaid agreement and hereby authorizes and directs the Town Supervisor to execute said Agreement, and BE IT FURTHER, RESOLVED, that said services be paid for from the Account. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None DISCUSSION HELD Discussion held regarding Resolution Authorizing Purchase of Mower. It was the decision of the Town Board to hold the resolution for another week so the Recreation Department has time to try out another mower. Councilman Monahan noted she would like Harry Hansen to evaluate the mower once he has tried it out. RESOLUTION REGARDING PREPARATION OF GENERIC SPECIFICATIONS FOR CLEANING, REHABILITATION, AND PAINTING OF STEEL WATER TANKS RESOLUTION NO.: 274,94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to arrange for the preparation of generic specifications for cleaning, rehabilitation and painting of steel water tanks, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc. to prepare generic specifications for cleaning rehabilitation and painting of steel water tanks, at a sum not to exceed $2,500.00, and to be paid for from the appropriate Account, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an agreement in a form to be approved by the Town Attorney, for the retention of the services of O'Brien & Gere Engineers, Inc., consistent with the terms and provisions of this resolution. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION REGARDING PREPARATION OF MAP, PLAN, & REPORT TO ADDRESS POTENTIAL PCB PROBLEM UPSTREAM OF THE WATER TREATMENT PLANT INTAKE RESOLUTION NO.: 275,94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to arrange for a supplement to the map, plan and report prepared for the Water Treatment Plant to address a potential PCB problem upstream of the Water Treatment Plant intake, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc. to prepare a supplement to the map, plan, and report for the potential PCB problem upstream of the Water Treatment Plant intake, at a sum not to exceed $7,500.00, and to be paid for from the appropriate Account, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an agreement in a form to be approved by the Town Attorney, for the retention of the services of O'Brien & Gere Engineers, Inc., consistent with the terms and provisions of this resolution. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW REGULATING PARKING ON A PORTION OF ALGONQUIN DRIVE IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 276, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provide for the regulating of parking on a portion of Algonquin Drive in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the proposed action is determined to be a Type II Action under the rules and regulations of the New York State Department of Environmental Conservation relative to SEQRA, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on the 20th, day of June, 1994, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE Councilman Pulver-Noted she has been contacted by neighbors of Algonquin Drive, John Street and Sherman Avenue requesting a no parking area from Sherman Avenue to John Street on Algonquin Drive. RESOLUTION REGARDING TEMPORARY EMPLOYMENT OF LABORER FOR PINE VIEW CEMETERY RESOLUTION NO. 277, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Pine View Cemetery is experiencing a heavy workload during this season of the year and therefore, is requesting an additional Laborer A, NOW, THEREFORE BE IT RESOLVED, that the Superintendent of Pine View Cemetery be given the approval to temporarily (summer only) hire back Mr. Wayne Merritt, who was previously laid off, as a Laborer A, at the prevailing labor rate, to be taken from the appropriate, budgeted account. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION REGARDING TEMPORARY EMPLOYMENT OF LABORERS FOR WATER DEPARTMENT RESOLUTION NO. 278, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Water Department is requesting authorization to hire summer help, NOW, THEREFORE BE IT RESOLVED, that the Water Superintendent is hereby given approval to hire two Laborers, as temporary summer help, at the usual and customary prevailing labor rates, to be taken from the appropriate, budgeted account. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING/CLARIFYING RESOLUTION NO. 211, 94 RESOLUTION NO.: 279,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, by previous resolution, the Town Board of the Town of Queensbury authorized the Building & Grounds Department to hire back one laid-off worker at the prevailing labor rate, to be taken from the appropriate, budgeted account, and at the time such resolution was approved, a report of personnel change indicated that the termination date of the temporary hiring would be June 3, 1994, and WHEREAS, the Department Head for the Building & Grounds Department has advised that the termination date should be June 15, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 211, 94, to indicate that the Buildings & Grounds Department is authorized to hire back one laid-off worker at the prevailing labor rate, through and until June 15, 1994, and the Town Supervisor is hereby authorized to execute any forms that may be necessary to correct the report of personnel change submitted to Civil Service. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None DISCUSSIONS SENIOR CITIZENS REQUEST FOR ADDITIONAL SECRETARIAL ASSISTANCE Discussion held regarding additional secretarial assistance for the Senior Citizen Center. It was the decision of the Town Board for Councilman Monahan, Councilman Wiswall, and Supervisor Champagne to hold a meeting on June 9th to discuss this further. Supervisor Champagne to come back to the Board with recommendations. GIRARD PROPERTY Executive Director, Jim Martin-Spoke to the Board regarding the dedications of lands for recreation. The lands to be considered are the Potvin Subdivision, Girard Subdivision and Passarelli Subdivision. It was the decision of the Town Board to meet on June 23rd, 1994 at 12:00 p.m. to look at the properties. Councilman Monahan-Noted she received a call concerning the annual bed of flowers donated by a local florist shop that were endanger of drying up due to the winds and hot weather. Called Brian LaFlure and he watered the flowers and made arrangements for a hookup to be installed. Thanked Queensbury Central for their help. Noted that there is cooperation between the Town and Fire Companies. COMMUNICATIONS Deputy Town Clerk O'Brien-Read letter into record regarding T Bar T Sports Shop. Noted they will no longer be selling conservation licenses for the Town of Queensbury. (On File Town Clerk's Office) Read Thank You Note into record from the Naylor Family. (On File Town Clerk's Office) Supervisor Champagne-Spoke to the Board regarding the Town Auction that was held on June 4th, 1994. Thanked Department Heads involved and Town Clerk's Office. Councilman Caimano-Spoke to the Board regarding letter received from Steve Bederian to Mickey and Jamie Hayes regarding parking on Western Avenue, Cool Beans. Executive Director, Mr. Martin-Has asked them to put a parallel parking only sign up. Noted they are in complete compliance with their site plan as it was approved. Councilman Pulver-Questioned if the Town had the authority to ticket for parking? Attorney Dusek -Noted that the law only pertains to handicap parking and shopping centers. Councilman Pulver-Requested Attorney Dusek to look into the possiblity of having something drafted regarding the Town writing tickets. After further discussion it was the decision of the Town Board to have Executive Director, Jim Martin contact the City of Glens Falls regarding this matter. SANITARY SEWER EXTENSION RT. 9 NORTH MILLER HILL Attorney Rich Miller-Representing Sanders Restaurant Operations Inc., a tenant ofMr. Shineburg who owns property on Route 9/Long John Silvers Restaurant. Also present Terry Reiff, Manager Pizza Hut. Questioned the status of the sewer hookup along Route 9 concerning Walmart? Questioned if there is any possibility of resolving the problems regarding the sewer hookup along Route 9? Supervisor Champagne-Noted that Walmart is taking a second look regarding the Greenway North area to run the sewer line. Executive Director, Mr. Martin-Noted that were two options looked at in terms of Route 9, both dealt with the Department of Transportation. The first option they thought they were going to have the availability of going out into Route 9, and go around the property in question that request was made and denied by DOT. The second option they wanted to stay off of the street just to the side of the right-a-way, DOT also rejected this, noted this was the last time they thought of doing anything up Route 9. Attorney Miller-Questioned the possibility of further negotiations with Mr. Wood. Supervisor Champagne-Noted there has been further discussion between Mr. White and Mr. Wood. Executive Director, Mr. Martin-Noted there has been discussion, but no progress. Supervisor Champagne-Noted as of Wednesday or Thursday he will be getting findings back from DOT. Attorney Miller-Questioned which branch of DOT has jurisdiction? Executive Director, Mr. Martin-Mark Kennedy, Traffic and Safety, Region One. Councilman Monahan-Noted the Town should look very carefully in a way that would help them solve their problems. Supervisor Champagne-Noted that he should be receiving information from DOT by Thursday of this week as to where they stand on the matter. Also, noted that it is in the Towns best interest to pursue the Route 9 Issue. ATTORNEY MATTERS Attorney Dusek-Noted he has a litigation matter for executive session. Spoke to the Board regarding the donation of property by the pumping station on Meadowbrook Road from Mr. Nolan. It was the decision of the Town Board to include this in the tour for June 23rd. OPEN FORUM Kevin Quinn-Spoke to the Board concerning the setting up of an attraction located at Southwest Traders, Route 9, during Americade Week. Executive Director, Mr. Martin-Has spoken with Don Duprie from Connecticut today regarding this matter. Noted it would be a three to four day attraction. Have had concerns regarding these kinds of attractions in the past. Noted from his standpoint this is highway commercial zoning, but sees it more as an amusement. Would like to see it in a recreational commercial zone area where amusements are permitted. Has indicated to Mr. Duprie if he was going to be doing this next year the Town would need advance notice to go to the proper boards for approval. After further discussion it was the decision of the Town Board not to allow this attraction in the Town. Mr. John Salvador-Queensbury. Spoke to the Board regarding his concern for the cost of emergency services to the Town. Questioned what measures the Town uses to determine that what the fire companies ask for is what they need, what the Town needs for fire and emergency services? Noted his concern for the fire tax exempt properties in the Town. Councilman Caimano-Has called the State and noted that there is no criteria that they can work on. Supervisor Champagne-Noted that this is presently being worked on. Mr. Salvador-Questioned if the meetings are public meetings? Councilman Pulver-Noted they are public meetings and they have been meeting as an entire Board with the emergency services and fire department. Have been collecting data from the past years and been talking about the future, how they see things going. Have asked them to get their budgets together as soon as possible for 1995 so the Board can sit down and discuss this. Mr. Salvador-Questioned if there has been any effort made to get the emergency service companies to charge for their services partially or total? Councilman Pulver-There has been discussion only. Mr. Salvador-Questioned if the Board could mandate that the emergency services charge for services? Councilman Pulver-Believes this can be negotiated in the contract. Mr. Salvador-Questioned the Board regarding the Animal Control Officer position. Executive Director, Mr. Martin-Noted that she has taken test and has gone to Diehl for certification as an Animal Control Officer. The last remaining issue is to decide whether a law should be enacted for Animal Control. Mr. Salvador-Noted that a meeting is going to be held at 9:30, Tuesday on the County Sewer Project. Questioned what role or position the Town is taking? Supervisor Champagne-Noted he doesn't have an answer for this at this time. Mr. Salvador-Spoke to the Board regarding a letter he has received from the New York State Health Department regarding public water suppliers. Spoke to the Board regarding his concern for the Pilot Agreement concerning Native Textiles. Questioned what measures would be put in place to determine that one hundred full time jobs will be created? What mechanism, authority, power does the QEDC have to be sure that this happens? Does the Town have the power, will they exercise control? What triggers the fact that the Pilot Agreement is canceled that they don't create the jobs? Supervisor Champagne-Noted it is incumbent upon the Town to maintain some kind of record of employment for a period of time. Attorney Dusek-The policy itself comes from the IDA. Under law when the IDA owns property they will become owners of the property and are tax exempt automatically. They are also authorized to require people who they make their arrangements with to enter into agreements whereby they will make a partial payment or a full tax payment. The IDA has a set of policies and among those policies include employment. In the first instance it will be the IDA that is looked, too in terms of making sure that their policies are complied with the Town will want to follow up on this. Supervisor Champagne-Noted the Town will be putting together procedures. Mr. Nicholson-Queensbury. Questioned how the IDA is involved with this? Supervisor Champagne-Recommended that Mr. Nicholson set up an appointment with his office in order to explain the process of funding with the IDA. Mr. Salvador-Spoke to the Board regarding a meeting being held on June 14th, in Lake George regarding casino gambling. Questioned what position the Town will be taking on this subject at the meeting to protect its interest on Lake George? Supervisor Champagne-Noted the Town will take a position when the County takes a position. Mr. David Kinney-Queensbury. Stated that he doesn't think the IDA does any funding. The IDA approves them to go to the bank to give them their loan and it gives them a tax exempt status. RESOLUTION APPROVING AUDIT RESOLUTION NO. 280, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on June 6th, 1994 numbering 94203900 through 94228800 and totaling $143,087.64. Duly adopted this 6th day of June, 1994, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None AbsentNone Abstain:Mr. Caimano (000127, Post Star) DISCUSSION HELD Councilman Caimano-Received phone call from Mrs. Pastore who lives on Peggy Ann Road regarding speeding on Peggy Ann Road. Requested that the speed limit be reduced to 30 mph. Paul Naylor, Highway Superintendent- Noted the first step would be to contact Fred Austin at the County. The Town Board would then have to make the recommendation to lower the speed limit. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 281, 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 from Regular Session and moves into Executive Session to discuss litigation, personnel, and collective negotiations matters. Duly adopted this 6th day of June, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury