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1994-07-18 TOWN BOARD MEETING JULY 18, 1994 7:07 P.M. MTG #36 RES. 347-360 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN DR. R. GEORGE WISW ALL COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul H. Naylor, Highway Superintendent Jim Martin, Executive Director of Community Development Dave Hatin, Director of Building & Codes PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne called meeting to order ... HEARING - UNSAFE STRUCTURE - MARION MICHELLE 7:07 P.M. SUPERVISOR CHAMPAGNE-We have a hearing as our first item, unsafe structure, Marion Michelle. Is someone here to represent Marion? ATTORNEY DUSEK-The attorney, Mr. Paul Engster called me today, he indicated he would not be here this evening. He did indicate what he would like to ask the Board if they would do on this and I guess you would need input from Dave Hatin, is whether the Board would basically enter a conditional order which would say that or, this is what I suggested to him, he asked for a ... tabling and I recommended to him that maybe the Board would entertain like a resolution that said, you've got to do it within seven days unless you get back to us no later then seven days, that the town will then do it in terms of boarding up the structures. And then they have thirty to sixty days as I understand it, Dave, to tear down the buildings before the town goes in there anyway. But that's, so the applicant won't be here tonight and that was the sum of substance of the conversation I had with him with the understanding that of course the Board has the final say as to what you think is appropriate to do with the situation after you hear from Mr. Hatin. DAVID HATIN-The situation is that the buildings are still not boarded, they're open to vagrance, minors, who ever want to play in them. They've existed for this way, I got the complaint about forty-five days ago and tried to solve it through the owners and was unsuccessful, that's why it ended up here at the Board. I don't know if another seven days is going to hinder the problem. The lady that brought it to my attention was a neighbor, she's concerned that they may, one of them, the kids might start the buildings on fire. If you remember the pictures, her garage is only like three feet from one of the buildings. That's her immediate concern and that's how it got to this point. COUNCILMAN CAIMANO- The situation has been going on how long? MR. HATIN-Well, it's been going on for probably over a year and a half, two years but it was brought to my attention about forty-five days ago. COUNCILMAN CAIMANO-I think the request is unbelievable. I don't see any reason to give anymore. I mean, I think we should take the shortest possible route to closing this place down. COUNCILMAN MONAHAN-Dave, when did you first bring this to our attention? MR. HATIN-The Board got it last week. I had talked to, I think Paul and everybody about a week before that after the legal means failed. COUNCILMAN MONAHAN-When do you think they were aware of it? MR. HA TIN -Oh, they've been aware of it for over thirty days because there were letters that went back and forth, alot of phone calls. COUNCILMAN CAIMANO- They're aware of it enough to go and hire an attorney who made a phone call but couldn't bother to be here. There are plenty of people who have serious problems who show up, he obviously does not consider this a serious problem. I would say MR. HATIN-The other thing is the property is in foreclosure so there's alot of games being played in the legal end of it too which is what stalled me. COUNCILMAN CAIMANO-We don't want to play any more games here. SUPERVISOR CHAMPAGNE-So, what's our step if we choose to bring action? ATTORNEY DUSEK-Well, at this point your unsafe buildings, structures law provides for basically two steps. One is to determine whether or not you need to employ any emergency measures. If that's the case, then you can immediately order some sort of emergency measure, whether it would be boarding up or what ever you think is appropriate. That you could just immediately implement as of tomorrow. The other section of your ordinance provides for a proceeding which you're going through now which would result in final determination that it is unsafe and that something has to be done to either repair or demolition and the law gives them thirty days to start it, sixty days to finish it from the day that they would receive notice which they've already been served notice as of this past week. So, it would be thirty or sixty days from that. So, really the only immediate thing you could do would be some sort of an emergency effort if you felt that there was some immediate peril that should be resolved. SUPERVISOR CHAMPAGNE-What's your pleasure? COUNCILMAN MONAHAN-Well, it seems to me the immediate peril is the danger of somebody starting a fire in there and involving the neighbors, the neighborhood up there. COUNCILMAN CAIMANO-I agree. SUPERVISOR CHAMPAGNE-So, you need a resolution to that effect. ATTORNEY DUSEK-To authorize Mr. Hatin to arrange for a boarding up of the premises and then the cost of which to be billed to against the MR. HATIN-Normally what we've done is I've employed the Grounds and Buildings crew and taken Pete down there, showed him what I want done, they will hand me a bill for the materials and his labor and then I will forward that to the Attorney's Office. HEARING CLOSED The following resolution was proposed: RESOLUTION OF TOWN BOARD REGARDING UNSAFE PROPERTY OWNED BY MARION MICHELLE - TAX MAP NO. 110-7-3 RESOLUTION NO. 347,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has considered the matter of the unsafe structure of Marion Michelle, and WHEREAS, the Town Board notes that there were no appearances although the Attorney, Mr. Paul Engster did contact the Town Attorney to request additional time, and WHEREAS, the Town Board after considering all matters and the length of time that the building has been opened and the length of time the problem has existed hereby determines as follows: NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby determines that because of the danger of occupancy of the building or people going into the building at least and the possibility of fires or other types of acts that the building should be immediately boarded up as an emergency measure and as allowed by the town code, and BE IT FURTHER RESOLVED, that the balance of the resolution and the notice to the applicant that the buildings, which would be the in as well as the out houses have to be repaired commencement within thirty days of the date of the notice and to be completed no later than sixty days of the date of service of the notice should remain the same and the applicant is still under those instructions as a result of this hearing, and BE IT FURTHER RESOLVED, that Mr. Hatin is hereby authorized to contact the Building and Grounds Department and make arrangements as of July 19th to arrange for the boarding up of the premises and securing of the same so that entry can not be had by any person other than of course the owner, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes that the building be marked closed with appropriate signage from the Building and Codes Department, and BE IT FURTHER RESOLVED, that the cost of this, of the boarding up as well as any cost to the town incurred in connection with these emergency measures shall be assessed against the property and billed to the taxes as provided for by the town code. Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 348, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of June 13, 1994. Duly adopted this 18th day of July, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO INSTALL A STREET LIGHT AT THE INTERSECTION OF CLEVERDALE ROAD & ROUTE 9L RESOLUTION NO. 349,94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of a street light at the intersection of Cleverdale Road and Route 9L 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 215/Tele 100-2, at the intersection of Cleverdale Road and Route 9L; 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 18th day of July, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ESTABLISHING GLEN LAKE WATERSHED MANAGEMENT TECHNICAL ADVISORY BOARD RESOLUTION NO. 350, 94 INTRODUCED BY: Mrs. Betty Monahan 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. 119, 94, supported the concept of watershed management and planning for the Glen Lake Watershed, and WHEREAS, the development of the Watershed Management Plan will compliment the Town's effort to update the Comprehensive Land Use Management Plan, and WHEREAS, Advisory Boards are authorized to be established in accordance with §3-4 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury desires to establish a Glen Lake Watershed Management Technical Advisory Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates and appoints an 9 member Glen Lake Watershed Management Technical Advisory Board to advise the Town Board on the development of a Watershed Management Plan for the Glen Lake Watershed District as delineated in the map submitted with the Rural New York Environmental Action Grant Application, dated March 28, 1994, and BE IT FURTHER, RESOLVED, that the Technical Advisory Board be composed of the following individuals: 1) Ms. Michelle Mayer; 2) Ms. Linda Daley; 3) Ms. Lee York; 4) Mr. James Martin; 5) Mr. Mark Schachner; 6) Mr. Daniel Kane; 7) Mr. William Morton; 8) Mr. David Wick; 9) Ms. Virginia Etu and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby makes particular note of the procedures that Advisory Board must follow, and the Executive Director shall provide each Board Members with a copy of Chapter 3 of the Code of the Town of Queensbury. Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SYSTEMS FOR PURCHASE OF VITAL STATISTICS RETRIEVAL SYSTEM RESOLUTION NO. 351,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of entering into an agreement with Business Automation Systems for the purchase of necessary software, hardware, and services to develop a Vital Statistics Retrieval System, and WHEREAS, the Director of Accounting Services has advised that the Vital Statistics Retrieval System from Business Automation Systems is an integral part of the overall Town-wide information system already in place from Business Automation Systems and therefore, it would be unnecessary to obtain proposals from other suppliers, and WHEREAS, the Director of Accounting Services also advises that the purchase of the Vital Statistics Retrieval System from Business Automation Services is not subject to competitive bidding, because it comprises a "professional service" involving "special or technical skill," the use of "professional judgment," and a "high degree of creativity," said criteria being listed in the OSC Financial Management Guide, subsection 8.0060, p. 12, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the necessary software, hardware, and services from Business Automation Systems for a Vital Statistics Retrieval System at a cost not to exceed $ 1,950.00 without further approval, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury, a contract to be in a form approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that the cost of the services is not to exceed $1,950.00 without further approval, and that no bidding is required under law and that in this particular case, alternative quotes are not practical, and BE IT FURTHER, RESOLVED, that this proposal shall be paid for from the Town Clerk Account. Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST 5K RACE RESOLUTION NO. 352, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct a 5K race (mnlwalk) as follows: SPONSOR: Adirondack Nautilus, Ltd. EVENT: 5K RACE (RUN/WALK) DATE: Saturday, August 13, 1994,9:00 a.m. PLACE: Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will retum on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd., to hold their 5K race (mnlwalk) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Warren County Superintendent of Public Works, which approval may be rescinded or which may modify the authorized date. Duly adopted this 18th day of July, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver Mr. Champagne NOES: None ABSENT: None Before vote was taken, it was noted that Glenwood Avenue and Bay Road are both county roads and therefore the resolution should be amended to read subject to the approval of the Warren County Superintendent of Public Works. RESOLUTION ACCEPTING RESIGNATION OF ZONING BOARD OF APPEALS MEMBER RESOLUTION NO. 353, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Ms. Linda Hauser, who is currently a member of the Zoning Board of Appeals, has submitted her resignation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the resignation of Linda Hauser from the Zoning Board of Appeals, effective immediately. Duly adopted this 18th day of July, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None DISCUSSIONS - PETITIONS FOR CHANGE OF ZONE Town Board held discussion regarding the two zoning petitions, Nemer and Schermerhorn. Executive Director, Mr. Martin noted that the applications are complete. Councilman Monahan noted that she has reviewed them and would recommend that these go forward to the Planning Board for their recommendation. Town Board agreed and the following resolutions were proposed: RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 354, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: Robert Nemer/Peter Nemer Tax Map No. 109-3-27.2 Quaker Road (15.08 Acres Located West of Garvey Volkswagon) Queensbury, New York Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 355, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: Richard Schermerhorn Tax Map Nos. 60-2-7.1 and 60-2-7.3 Corner of Cronin Road and Meadowbrook Road Queensbury, New York Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None Executive Director, Mr. Martin informed the Board that there have been a number of concerns expressed by residents in the neighborhood of Harris Bay regarding the potential for leachate getting into the wetland south of Route 9. Would like to bring in an engineering firm with testing capability to do a comprehensive test of the waters around the wetland. Town Board held discussion and agreed with Mr. Martin's recommendation. Executive Director, Martin reviewed with the Town Board his report and memo regarding the Dedication of Lands for Recreation. Passarelli parcel on Bay Road Advantages: preserves wetland area Disadvantages: not useful for active recreation, isolated from other town properties, existing information does indicate any known habitat for rare or endangered plants or animals, location parcel does not coordinate with other known plans for passive recreation. Staff recommendation: Deny Parcel, impose recreation fee. Councilman Pulver noted the Recreation Commission and Department of Parks and Recreation has recommended that the parcel be rejected due to the topography of the land. Executive Director, Mr. Martin noted that there has been some discussion about the potential for denying this in the first phase only. This is a substantially large subdivision with about one hundred and thirty lots. There is more remaining land on the northeasterly section of the overall subdivision that may be considered for a second or third phase. Town Board held discussion and agreed to send recommendation to the Planning Board to not accept the Passarelli property, first phase. Girard parcel on Cronin Road Advantages: is in close proximity to other existing Town owned properties on Halfway Brook, parcel is conducive to fishing, provides another parcel in the overall creation of a greenway along Halfway Brook, preserves land along brook. Disadvantages: in flood hazard zone, not conducive to construction of structures of the parcel, poor site for traditional recreation activities other than fishing. Staff recommendation: Accept parcel. Councilman Pulver noted the Recreation Commission and the Department of Parks and Recreation has recommended that the parcel be accepted. Executive Director, Mr. Martin noted, due north of this property right across Cronin Road we're expecting an offer for dedication of a parcel in association with the town homes that were approved for, essentially the back nine of the golf course. Town Board held discussion and agreed to send recommendation to the Planning Board to accept the Girard parcel in lieu of recreation fees. Cerone parcel on Luzerne Road: Advantages: could act as beginning of greenway along Clendon Brook and eventually tie in with City owned property to the south, provides sites for fishing, conducive to passive recreation. Disadvantages: parcel is currently isolated from other Town properties, parcel is not conducive to active recreation or construction of structures due to steep slopes and wetland areas along brook. Staff recommendation: Accept parcel. Councilman Pulver read the following letter into the record: This letter is to express my support for the Town of Queensbury acceptance of lands being offered in lieu of Recreational fees for the property along Clendon Brook. This is part of the Potvin Clendon Ridge Development Phase II action. It is felt this land would coincide with the Town's overall recreational needs in that area while maintaining one of the last wilderness green areas in the town. This area historically has been a haven for a number of varieties of wildlife, as well as a source of recreational fishing and hiking. I would hate to see this area eventually be developed in any fashion other than what is currently is being utilized. So I again would strongly recommend the Town's acceptance of this land and maintaining this area as a forever wild section in the Town of Queensbury. Councilman Pulver-And it is signed by six different families in that area plus I've had two phone calls in support of taking this property. Councilman Pulver noted the Recreation Commission and Department of Parks and Recreation has recommended that the Cerone parcel be accepted. Mr. Tom Nace representing Al Cerone, noted that there is an area which would provide a parking place for two or three cars, at least. Town Board held discussion and agreed to send recommendation to the Planning Board to accept the Cerone parcel in lieu of recreation fees. Councilman Pulver-I would like to congratulate Jim Martin, the Town Board would like to congratulate Jim Martin on recently receiving a certification from the American Institute of Certify Planners. We all knew you were an asset to the Town Jim and now there are other people that know it as well, so congratulations. Councilman Caimano- Thank you. Supervisor Champagne-Yes indeed, that's quite an accomplishment, that's almost the CPA rating in accounting. Attorney, Mike O'Connor referred to the parcel that was just recommended for approval of acceptance by the Planning Board. Noted, there's an adjoining parcel that was part of the Michael Vasiliou subdivision that fronted on West Mountain Road. The parcel that adjoins this piece, it's an open space, it is not a very large piece. Michael, when he got his approval, paid the recreation fees. Our intention with that is simply to let that unused parcel go to taxes if you will and eventually somebody else would do something with it. The suggestion that Jim has made and which we are agreeable to is that we deed it to the town. I don't know if we need a town board resolution to say that you're going to accept it. Executive Director, Mr. Martin-It adjoins this property, it's just to the north of this property. Attorney O'Connor-It adjoins this piece that's part of the Clendon Brook Subdivision and it would help make that corridor and it in fact has another means of access to the Vasiliou subdivision because we preserved a pedestrian walkway from the roadway within the Vasiliou subdivision into this area. Supervisor Champagne-How large a piece is it? Attorney O'Connor-1 would say about an acre but I think what you're trying to do is develop a corridor or stream corridor and this would be right at the beginning of that corridor. It's an offer that's made to you without strings. Attorney Dusek-Initially the Board would accept as it did tonight or give it's indication by consensus, you wouldn't pass a resolution though until such time as the paperwork has been submitted to my office. My office makes a review of the title and everything to make sure there's not a problem in there that would cause the Board not to want to take the property. My recommendation to the Board is to wait until the paperwork comes in and then do the formal resolution. Attorney O'Connor-Can we get a consensus? Town Board held discussion and the consensus was to accept the parcel offered. Attorney O'Connor-For your record, I'll give you copies of the Zoning Board and Planning Board recommendation that you accept the Clendon Brook parcel. (submitted to Town Clerk, on file in the Town Clerk's Office) Town Board held discussion regarding whose responsible for emergency response at the Warren County Municipal Airport. Supervisor Champagne recommended that Mr. Fred Austin meet with the Town Board to discuss and agree upon who will be responsible for responding to an emergency at the airport. Town Board held discussion regarding the status of the highway garage and requested that the Supervisor's Office contact the engineer for the project for some sort of a progress report and a completion date. Attorney Dusek updated the Board on the status of the Animal Control Law and noted that the Town Board should be receiving within the week a proposed draft of the law for their consideration. OPEN FORUM 7:53 P.M. Mr. John Salvador-Questioned whether the county has indicated a schedule for the Supplemental DEIS for the Warren County Sewer in North Queensbury? Supervisor Champagne-Noted that until such time that the funds are approved and start to flow, I don't believe they're going further with the project. That's my understanding but my suggestion would be to speak with Bill Remington. Mr. Salvador-Referred to the request for proposals for doing the water testing at the Harris Bay Yacht Club, questioned the standards involved? Executive Director, Mr. Martin-I was going to suggest some perimeters and also leave the door open for the responding firms to suggest other perimeters. The three I was looking for is total coliform, fecal coliform and then to the extent that we can test for any chemicals that are found in holding tanks for boats, if that can be tested for. The testings are to be done in compliance with the standards, I don't have the name off the top of my head but it's an accepted practice or set of standards that's universal throughout the water industry that Ralph VanDusen gave me. Mr. Salvador-Questioned what the standard is? Executive Director, Mr. Martin-A drinking water standard as of Lake George is a source of drinking water and also we're going to try to establish a base line figure for water in the wetland elsewhere and see if this is really polluting the wetland. Mr. Salvador-Everyone should know that up front. Executive Director, Mr. Martin-Yes, that will be laid out in the scope of services. Mr. Salvador-Questioned whether the Town Board has given any more thought or consideration to the Department of Public Utilities? Supervisor Champagne-We're giving some serious consideration to removing it from the books. It's possible that we'll dissolve it as a result of other activities that we've put in place to augment, supplement the cooperative effort between the different departments. Mr. Salvador-When and if you do that, you'll be able to show us the economies involved? Supervisor Champagne-Yes. Mr. Salvador-Spoke of the Assessor, assessments to properties that front water and certain properties that are exempt from taxation, emergency services taxation including the Warren County Municipal Airport. Spoke of the responsibilities of emergency response at the Warren County Airport. Spoke of the grant to the Town of Queensbury from the Lake George Park Commission regarding stormwater, stating that Dunham's Bay gets their fair share of study or benefit or whatever. Questioned the status regarding the landfill closure project. Supervisor Champagne-Noted, the bids have been received. There are funds in the budget to cover it totally, there should be no bonding and no borrowing. The bids will be discussed tonight during executive seSSIOn. Mr. Salvador-Are we getting anything from the State? Supervisor Champagne-Yes, we've got the first check a little more then five hundred thousand dollars. Councilman Monahan-We have to spend the money before we get it back, we submit vouchers and they pay half, it's fifty-fifty. Mr. Sterling Akins, Corinth Road-Referred to the Warren County Airport and the responsibilities involved in responding to emergencies and the importance to have protection there. Questioned whether the water department tests for PCB's on a regular basis? Councilman Monahan-Stated that the Water Department has a filtering system that takes out any PCB's that might possibly get in there. Recommended that he speak directly with Mr. Ralph VanDusen who is the chemist at the Water Department who will provide the answers to your questions. Mr. Akins-Referred to the property adjacent to Native Textiles where they're dumping construction debris. Noted, I have the person's name and license number that's dumping there. Councilman Caimano-Recommended that he give the information to Jim Martin so that he may respond to it. Mr. Akins-Referred to the sign on Bill Threw's property being changed. Executive Director, Mr. Martin-The sign will be removed because it's a non-conforming sign. Highway Superintendent, Mr. Paul H. Naylor-Noted for the Board's information that he received a call from the State last week that the town's 0 and M monies are way down, our chips, and that it doesn't look good for next year. They're going to fight for us and do what they can but don't look for any miracles next year on chips. OPEN FORUM CLOSED 8:20 P.M. AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 355A, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Audit of Bills appearing on Abstract July 18th, 1994 numbering 94-248800 through 94-290400 and totalling $622,600.65 be and hereby is approved. Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano Vendor #000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 356, 94 INTRODUCED BY: Mr. Fred Champagne 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 two matters involving attorney client privileged information dealing with legal opinions regarding certain subject matters including the landfill bid and another matter involving Columbia Development, a matter of labor negotiations/collective bargaining, a matter of personnel and a matter leading to the retention of services which would be personnel as well. Duly adopted this 18th day of July, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 357,94 INTRODUCED BY: Mrs. Carol Pulver 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 18th day of July, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AWARDING BID TO DELANEY CONSTRUCTION CORP., FOR LANDFILL CLOSURE CONSTRUCTION PROJECT RESOLUTION NO. 358, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Town Board of the Town of Queensbury previously solicited and also instructed that the bids would be opened on July 12th, 1994 for the landfill closure construction project, and WHEREAS, a total of ten bids were received with the low bidder being Delaney Construction Corporation, and WHEREAS, the Town Board of the Town of Queensbury has been advised and is aware of circumstances whereby the Delaney Construction Corporation did not, at the time of the bid submit a properly completed Non-Collusive Bidding Affidavit, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the legal ramifications of the failure to submit a bidding document with the Town Attorney, the Town Board has also carefully considered the qualifications of the low bidder, the Town Board has also considered the amounts of the bid that were submitted as well as the time table that the Town is currently under in which it desires to close its landfill, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury after giving due consideration to all bids submitted and all criteria mentioned in the preambles of this resolution and also after considering the inadvertent nature of the mistake as well as whether there is any advantages or disadvantages to any of the parties which it feels there are not, hereby awards the bid to Delaney Construction Corporation, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the engineers to take such steps that may be necessary to arrange for the completion of the contract and other bid notices, and BE IT FURTHER RESOLVED, that the Town Supervisor working together with the Town Attorney is hereby authorized to arrange for the submission of the proper notices of award of bid as well as execution of the contracts. Duly adopted this 18th day of July, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING RE-ADVERTISEMENT FOR POSITION OF DOG ENUMERATOR RESOLUTION NO. 359,94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the re- advertisement of a position known as the Dog Enumerator, and WHEREAS, the Town Board of the Town of Queensbury is also desirous of establishing a wage that will pay for that position, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director to advertise that the position of Dog Enumerator is available and that the wage will be six dollars ($6.00) an hour to be paid for from the appropriate account. Duly adopted this 18th day of July, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: Dr. Wiswall ABSENT: None RESOLUTION TO ADJOURN RESOLUTION NO. 360, 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 18th day of July, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY