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1994-11-28 SPECIAL TOWN BOARD MEETING NOVEMBER 28, 1994 4:00 P.M. MTG #68 RES 599-601 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN DR. R. GEORGE WISW ALL COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER BOARD MEMBER ABSENT COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Jim Martin, Executive Director of Community Development Paul Naylor, Highway Superintendent PRESS: Moreau Sun TOWN BOARD WORKSHOP Supervisor Champagne called meeting to order... RESOLUTION REGARDING PUBLIC HEARING ON COMMUNITY RESIDENCE SITED AT LEDGEVIEW DRIVE, LEDGEVIEW VILLAGE IN THE TOWN OF QUEENSBURY BY THE WARREN-WASHINGTON ARC RESOLUTION NO. 599,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury has been notified by the Warren-Washington ARC of its interest and intent to establish a community residence for mentally retarded and developmentally disabled persons in the Town of Queensbury, and more specifically at Ledgeview Drive, Ledgeview Village, off Route 149, in the Town of Queensbury, and WHEREAS, the notification was made pursuant to Section 41.34 of the Mental Hygiene Law of the State of New York, and WHEREAS, the Town Board of the Town of Queensbury desires to hold a public hearing prior to developing a response to the Warren-Washington County ARC with regard to the Ledgeview Drive location, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that a public hearing be held on the 5th day of December, 1994, at 7:00 p.m., at which time all persons interested in the subject matter of the placement of a community residential facility by the Warren- Washington County ARC at Ledgeview Drive, Ledgeview Village, off Route 149 in the Town of Queensbury, shall have an opportunity to be heard and the Town Board of the Town of Queensbury will consider all comments and information presented relative to the said issue of the siting of a community residential facility on the date and time indicated herein, and BE IT FURTHER, RESOLVED, that the aforementioned public hearing shall be conducted in a manner similar to that conducted by the Town Board of the Town of Queensbury in connection with or at the time of consideration of adoption of local laws for the Town in accordance with the Municipal Home Rule Law of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Clerk shall provide such notices of the aforesaid public hearing as is usually required by the Municipal Home Rule Law when the Town Board is considering the adoption of local laws, and BE IT FURTHER RESOLVED, that in any event, the Town Clerk shall publish notice in the official newspaper of the Town of Queensbury and post the same on the bulletin board not later than 10 days prior to the date of the public hearing authorized herein. Duly adopted this 28th day of November, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSIONS Board & Workshop meetings for 1995 Town Board agreed to hold Regular Town Board meetings on the first and third Monday of each month and Workshop meetings on the second and fourth Monday of each month. Awards & Corporate Membership Town Board held discussion regarding corporate membership at a local health club and no decision was made. But it was recommended to conduct a survey among the town employees to see whether there is any interest. Jim Weller - Regarding Nemer Rezoning Mr. Jim Weller and Mr. Robert Nemer spoke to the Town Board regarding the Nemer Rezoning that was granted as Highway Commercial. Referred to the restrictions that were stipulated with the Rezoning and noted the limitations it will entail causing the Nemers undue hardship. Noted further the adjoining properties are zoned Highway Commercial but yet do not have these restrictions. Would like to ask the Board to reconsider their action and to rezone these lands as Highway Commercial as defined by the ordinance of the Town of Queensbury and not to place further restrictions on the use of the property. Town Board held discussion and agreed to revisit the rezoning at the December 5th Regular Town Board meeting. Attorney Dusek agreed to prepare resolution for the Board's consideration. Rescue Squad Service Award Program Mrs. Connie Goedert reviewed with the Town Board and Attorney Dusek the proposed regulations. Noted concern where it states in the text that the administrator would be setting up the guide lines in reference to the paperwork and that all would be abiding to that paperwork. I don't feel that anyone of us should have to wait on somebody else not properly doing their paperwork. Supervisor Champagne- I think what she saying is, if they don't get their paperwork in by March 31 st, then we can't send in, Paul until everything is together, it all goes together. I don't know if there's any way we can do that company by company or not. Mrs. Goedert-In the law it states that the paperwork has to be filed by May 31 st, correct? Attorney Dusek-I see here is, l50.5e on page 7, it starts off, on or before May 1 of each year, the governing board of the sponsor, which is the Town Board shall cause a certified copy of the approved list to be filed with the administrator, accompanied by the payment in an amount equal to the amount of sponsor's contribution to the program on behalf of each participant. Is that what you're talking about? Mrs. Goedert -Yes. I am misreading this when it says that we have to, that the time allotment wasn't going to be so that we could set this up so that the administrator Attorney Dusek-Are you talking about my memo? Mrs. Goedert-Yes. Attorney Dusek -One of the issues that I thought the Board might want to consider is that I pointed out that l50.6b which is on page 6 provide that the ambulance service company must prepare and submit a list of workers and credits received by February 1st of each year. And then I say that the section goes on saying that by March 1st, the governing board must review that list and then by May 1st the Town Board shall have caused a certified copy of the list, etcetera to be filed with the Administrator's office. I simply indicated that the Board may want to take a look at those time frames with the rescue squads to see if the same, if they are going to work. My question to Connie would be, can you have your list together by February 1st with the worker's credits for the previous year. I don't know if that's enough time or not. Mrs. Goedert -Yes, mine are already done. Councilman Caimano-We thought, from our perspective that it was a relatively easy thing to do. Attorney Dusek-Okay, I didn't know that. So, it's not an issue. Councilman Caimano-No, I think it's plenty of time. Mrs. Goedert -Well, the only thing is, it has to be posted at our building for thirty days and then you hold it here for thirty days? Attorney Dusek-Right. Mrs. Goedert-So, there's sixty days there. Councilman Pulver-You post it February 1st and submit it to the town February 1st and the town holds it until... Mrs. Goedert -You hold it here for the same thirty days that I have it posted? Councilman Caimano- The next thirty days. Attorney Dusek-There's an appeal provision that's why. Councilman Caimano-I don't understand why this is different from the one we already have in place for the fire guys? Attorney Dusek-It's different because the fire guys we take care of it all eternally. You invest the funds, you manage the funds, if you're late, it's your own business. Here, if we're late, we've got to answer to the State Comptroller's office. We're sending the money and the list down to them. In this instance, you've got to coordinate with the State Comptroller's office where you don't have to do that with the fire companies. My only concern was as I went through the Comptroller's regulations is, council people do you feel that you can comply with these regulations and I went through and picked out different things that I wanted to bring to your attention. Time frames, for instance would be a logical place where you might get tripped up. Mrs. Goedert-If! understand it correctly, the Comptroller's office is going to choose who the administrator is? Attorney Dusek-Yes. Supervisor Champagne-It goes out to bid, right? Attorney Dusek-Right. Mrs. Goedert-Would it be possible that our town, the guy that takes care of the fire service award would bid something like this? Attorney Dusek-I don't know. Councilman Caimano-He could very well, if it's an open bid, right? Attorney Dusek-Yes. Councilman Caimano-I mean there's no reason why he couldn't bid, that we know of. Attorney Dusek-Well, unless he for some reason feels he's precluded because of his involvement in these other areas, I don't know. Mrs. Goedert-In reference to the administrator, the only concern I would have is that the administrator therefore would determine how the paperwork is to be submitted and that all paperwork will be the same. I would be concerned with the fact that, as with the fire department when you count runs, if you have ten runs in one day when you apply that run, you have to apply that date of that run and that would be unrealistic to do that as far as EMS would go. Councilman Caimano- Why? Attorney Dusek-Would you're suggestion be that you would like to see something in the regulations now that addresses that? Councilman Caimano-Wait a minute, why? Councilman Pulver-Because they may have one fire call a day and you may have fourteen EMS runs in day and seven different people on every run. Councilman Caimano-Okay. Well they must know that. Mrs. Goedert-I don't know. Attorney Dusek-I think Connie's point is, is not addressed in the regulations and if it's not, and she's concerned that the administrator might do it in a fashion that is not something that you would want. So, therefore it would seem to me that the positive thing to do would be to write them and say, "By the way, why don't you add this to your regulations so you don't run into this problem". Councilman Caimano- That's a good idea. Attorney Dusek-But I need to get that concept down in writing from you some how so we can put it into a letter form and send it to them if that's agreeable to the Board. Councilman Caimano-Yea, that's a good idea. Mrs. Goedert-In reference to the beneficiaries, will the administrator send you up the beneficiary slips or is that something we have to pick up on our own? Attorney Dusek-It says here that if there's a death of a participant, that the beneficiary or the participants of the estate shall be entitled to apply for and receive distribution of a participants service award. Mrs. Goedert -So, are there forms that each individual needs to make out in reference to that? Attorney Dusek-I would presume that they would follow what ever program everybody else follows. It's just that they would be the ones that actually have to do the application, you know the beneficiary. Mrs. Goedert-The individual person? Attorney Dusek-Yes, from the way this is written. Mrs. Goedert-Would that go on file at the town or will that go on file at the administrator? Councilman Caimano-Both, I would think. Attorney Dusek-It says here, the administrator shall approve the application. Councilman Caimano-I would think that they would send copies back to us or copies back to each unit. Attorney Dusek-I don't know that it's addressed as to whether it has to go... Councilman Caimano-Well, let's ask. Attorney Dusek-So, you want to make sure we get a copy of any application? Councilman Caimano- I think that we should have copies of all correspondence sent to all of the participating units and the town. Attorney Dusek-Correspondence and applications? Councilman Caimano- Yea. Well, I think you cover it by saying all correspondence. Mrs. Goedert-There's a disability clause in here that I don't even begin to understand. Attorney Dusek-Well, you've got to keep in mind, in addition to this, there will be further documents and things generated. This is only the general rules. Mrs. Goedert -The legislation part I didn't understand either. Councilman Caimano-Well, we'll go over it again when it comes in, full fledged, right? Attorney Dusek -Well, these are just the regulations to make sure you can live with these and then you're going to be getting a program document that will have to be executed. You'll be getting the forms, the administrator, they'll be tons of information flowing out of this thing, knowing the Comptroller's office and I think they'll clear up all of these issues as you go along. The biggest concern I had when I got these regulations and I just wanted to make sure the Board was aware of them and had an opportunity to read them over along with the rescue squads so that if there was anything here that was disastrous that you couldn't work with, that we got our voice in now because I have found that they will listen to you. One of the suggestions I had made to the Board in my memo was that they refer to an administrator throughout this information and it's clear that it's either going to be the State Comptroller or a hired administrator and I thought that we should include a comment that the administrator be defined in the definitions and that an address be provided. Or some sort of a regulation saying an address will be provided because if you look through the regulations, we're required to send and mail documents to an administrator and the rules don't clearly indicate who that or where that is going to be and I think we ought to clear that up. The second comment I had is that there's a section that provides within thirty days after the adoption of service award program, the Chief Executive Officer, which is of course Fred shall file with the administrator a verified notice of adoption. I think it's appropriate to request that that provision be revised to allow the filing within ninety days from the date the rules are adopted or the notice is received because the town can't obviously file that necessary documentation within thirty days of adoption because we adopted it in 1993. The third point I made, there's a section here that provides the opportunity to make payments of prior service award contributions in five payments over five years and I note though that the language, the first installment shall be paid on or before May 1 st of the year in which the participant is determined and entitled to a prior service contribution. Once again, since we adopted this in 93, in theory you should have made a payment in 94 and there's no possible way you could do that because they didn't have the regulations. So, I think they ought to clear that up so they provide that the payment will start next year in 95 at some point. Those are the three things I had. I picked up a couple more here from Connie. I can put together a proposed letter for you that addresses these issues if that's acceptable to the Board. Town Board agreed. Transient Merchant Law Executive Director, Mr. Jim Martin recommended abolishment totally of the Transient Merchant Law as it stands and institute a special permit provision in the zoning code where transient merchant is allowed in certain zoning districts by special permit to be issued by the Planning Board provided that they meet certain criteria. Town Board held discussion and agreed to recommendation and requested that it be put into draft form for their review. Finalize FireIRescue Contracts Town Board reviewed West Glens Falls Rescue Squad contract with Dick and Connie Goedert who recommended the following changes: 1) Payment dates of January 15th and July 15th with a payment schedule of either 75% payment in January and 25% in July or 60% in January and 40% in July. Supervisor Champagne agreed to check with Tax Receiver to see whether the funds would be available. 2) The ability to do budget line item transfers without the approval of the Town Board. Town Board agreed and Attorney Dusek recommended, allocations set forth in the budget line may be transferred to any other budget line except that, this shall not apply to budget lines or funds for vehicle funds, insurance, mortgage. Councilman Pulver recommended that any money that is left over in any particular budget line shall be used for either one of two purposes, offset against expenses for next year or for purposes of reducing debt. 3) Page 4, item B, reimbursement of personal telephone use in connection with rescue squad activities. Attorney Dusek recommended adding at the end, accept that this shall not apply to reimbursement of telephone expenses for rescue squad business. 4) Page 5, item Dl and D2, changing the deadline of March 31st to May 15th. Town Board agreed to hold for further discussion. 5) Page 5, number 8, you can't purchase or enter into any binding contract of purchase for any piece of apparatus, equipment, vehicles, real property or make improvements thereon at a cost exceeding the sum of $5,000. Feel the sum of $5,000. is too low. Town Board agreed to hold for further discussion. 6) Page 6, number 9, you changed the word from special circumstances to catastrophic events. Would like to find some word that's between special circumstances and catastrophic events. Councilman Caimano recommended, the town agrees that in the case of an unforseen event which has the affect of impairing or reducing the capability of the rescue squad to carry out it's duties of ambulance. 7) Page 6, number 10, the old provision was one month which was ridiculous and to miss one call is ridiculous. We need a compromise. Attorney Dusek recommended, thirty days without explanation. 8) Page 7, number 12 & 11, the first two, three sentences read the same. Attorney Dusek will research that in case a clause was taken out. 9) Page 7, number 13, we lost our ten percent insurance clause which is, in the past years we've paid back the town $14,000. It protects the town, it protects us and has been in the contract for several years. Town Board agreed to put the clause back into the contract. 10) Page 7, number 14, eliminate. Town Board agreed. 11) Page 7, number 16, eliminate the 3 year and keep the 1 and 5 year plan. Town Board agreed. 12) Page 1, we are an emergency squad. Town Board agreed. 13) Would like to have hepatitis shots included as part of this contract. Town Board agreed to add that to the contract. Town Board held discussion and recommended that drafts be sent out with a cover letter stating that they should make comments in writing and return those to the town by December 9th, then the town can schedule meetings on an individual basis. Set date to interview new environmental committee members Town Board held discussion and agreed to set date for Thursday, December 8th at 4:00 p.m. Announcements Councilman Pulver announced the employee awards to be held on January 9th, 1995 at 4:30 p.m. Highway Superintendent, Paul Naylor announced that the highway garage now has heat. Discussion Town Board held discussion regarding the approval process of Town Board Minutes and when they must be made available to the public and requested Attorney Dusek to research the matter. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 600, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel matter and an attorney/client privilege matter. Duly adopted this 28th day of November, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO RECONVENE RESOLUTION NO. 601, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 28th day of November, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY