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1995-01-23 SPECIAL TOWN BOARD MEETING JANUARY 23, 1995 4:05 P.M. MTG #5 RES. 64-72 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN (entered meeting 4:09) COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Darleen Dougher, Town Clerk Tom Flaherty, Water Superintendent Ralph VanDusen, Deputy Water Superintendent Mike Shaw, Wastewater Superintendent Paul Naylor, Highway Superintendent Jim Martin, Executive Director of Community Development PRESS: G.F. Post Star TOWN BOARD WORKSHOP Supervisor Champagne called meeting to order ... RESOLUTIONS RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 64, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury recently created and established the position of Town Comptroller, and WHEREAS, the Town Board of the Town of Queensbury has authorized the appointment of a Town Comptroller, and WHEREAS, the Town Board of the Town of Queensbury recognizes that budgetary appropriations for the position of Town Comptroller must be made, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the 1995 budget by creating and establishing an account line to be known as "Town Comptroller" and to be contained in that part of the budget for the Accounting Department indicating the salaries for various positions, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby appropriates the amount of $40,000 to the aforesaid newly created Town Comptroller Account Line, with the source of appropriations to be from a transfer of all of the funds remaining in the Budget Officer Account Line as of the time the last day the Budget Officer is paid a salary, which shall be January 31, 1995, and from a transfer from the Director of Accounting Services line to the Town Comptroller line of the amount of $ 31,200.00 , and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to arrange for a transfer of funds from the Director of Accounting Services Account to the newly established Town Comptroller account line, and the balance of the moneys available in the Budget Officer account line following payment of all amounts due the Budget Officer through January 31, 1995, and BE IT FURTHER, RESOLVED, that the accounting line set forth for the Director of Accounting Services is hereby authorized to be removed from the budget, and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING THE RETENTION OF HUDSON ENVIRONMENTAL SERVICES, INC. FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO. 65, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, it is necessary for the Town of Queensbury to arrange for water testing of wells situated at the Town of Queensbury Landfill at Ridge Road, and WHEREAS, James T. Coughlin, Landfill Superintendent, requested bids from three companies, and he has advised the Board that Hudson Environmental Services, Inc., will provide the testing services at the lowest cost, for an amount not to exceed $ 7,957.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of the services of Hudson Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill at a sum not to exceed $ 7,957.00, to be paid for from Account No.: 92 8160 4400, and with the understanding that any agreement entered into with Hudson Environmental Services, Inc., shall contain a provision which allows the Town to terminate the agreement upon ten days written notice and upon said termination, have no further obligation to pay for testing services that are not rendered thereafter, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to make such arrangements as may be necessary to carry out the purposes and intent of this resolution and should it be necessary for the Town to execute any particular agreement with regard to this service, that the same shall be in a form to be approved by the Town Attorney. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING EXECUTION OF CONDITIONS OF AWARD LETTER FOR MUNICIPAL PARK GRANT RESOLUTION NO. 66, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has been advised that the New York State Office of Parks, Recreation and Historic Preservation has indicated that a matching grant of $81,612.00 has been reserved from the 1986 Environmental Quality Review Bond Act Program for the acquisition and development of Hudson River Park, and WHEREAS, although the grant will be formally awarded by contract, the Town Board has been requested to approve and accept the conditions of award presented at this meeting and authorize the Town Supervisor to execute the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby formally approves the conditions of award and accepts the same concerning the Municipal Parks Grant for the Hudson River Park and hereby further authorizes the Town Supervisor to execute the document containing the conditions of award, on behalf of the Town of Queensbury, and transmit the same to the New York State Office of Parks, Recreation and Historic Preservation. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING EXPENDITURE FOR DRAINAGE IMPROVEMENTS RESOLUTION NO. 67, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has been advised of flooding problems and drainage concerns in and about that area of the Town of Queensbury to the east ofDix Avenue and in the general vicinity of Park Avenue, Rainville Avenue and the Boulevard, and WHEREAS, the Town Board of the Town of Queensbury has been advised that some of the effects of the drainage problems in that area should be alleviated in whole or part by the location of a drain pipe that is thought to exist in the vicinity of Rainville Avenue and the Boulevard, or if the same is not available, by installing such a drain pipe and appropriate catch basins in that area such that the water from the vicinity of Rainville Avenue is transmitted to the canal, and WHEREAS, in order to accomplish the work set forth above, it has been recommended that the Town Board employ a surveyor and also authorize: 1) the acceptance of pipes and materials from Warren County, which will vary depending upon whether the aforesaid pipe is located; 2) work to be performed by the Town of Queensbury Highway Department, which will vary depending upon whether the aforesaid pipe is located; and 3) the securing of any easements or rights-of-way that may be necessary; and WHEREAS, the Town Board of the Town of Queensbury has been advised that the cost of the survey work, materials, machinery, and work to be performed by the Highway Department is not expected to exceed the sum of $18,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed drainage work is appropriately undertaken and authorizes total expenditure of a sum of $18,000.00 for purposes set forth in the preambles of this resolution, and hereby further authorizes the Town Supervisor to: 1) secure the drainage pipes and any other materials that may be necessary and available from the Warren County Department of Public Works in accordance with their letter dated January 10, 1995, a copy of the same being presented at this meeting; 2) arrange for survey work to be completed by VanDusen & Steves, at an amount not to exceed $5,000; and 3) arrange for the completion of any necessary construction or excavation work by the Town Highway Department; and BE IT FURTHER, RESOLVED, that this Resolution and expenditure of funds is authorized pursuant to Town Law § 64 (11A) and the work and expenditures authorized herein is subject to a permissive referendum in accordance with the Town Law of the State of New York, and the Town Clerk is hereby authorized to arrange for publication of a copy of this Resolution as the notice required by said Town Law. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 68, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the special Audit of Bills as represented by Voucher #95028600, in the total amount of $115,539.90, payable to the City of Glens Falls Water & Sewer Department, be and hereby is approved. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan (Councilman Monahan entered meeting) DISCUSSIONS 4: 10 P.M. REPEAL OF TRANSIENT MERCHANT LAW Town Board held discussion, no decision was made and it was sent back to the committee for further reVIew. AGREEMENT BETWEEN THE TOWN OF QUEENSBURY & VILLAGE OF HUDSON FALLS Town Board held discussion and reviewed latest version of the proposed agreement between the Town of Queensbury and the Village of Hudson Falls for the purchase of town water. Some changes and additions were recommended and Attorney Dusek agreed to revise and prepare final draft. RIVER STREET WATER LINE IMPROVEMENT Mr. Flaherty, Water Superintendent spoke to the Town Board regarding the replacement of an existing water line on River Street and the possibility of the Town and the Village of Hudson Falls sharing that cost. The village is interested in knowing whether or not the board would agree with the concept. Noted that this would be a separate agreement from the water purchase agreement and could be done some time down the road. Town Board held discussion and agreed that it was a good concept. Mr. Flaherty noted for the Town Board's information that a filter has failed again and it seems to be getting worse as time goes on. We've had this fail four times now and we've repaired it four times. The concern is that when one cell fails it can have a domino effect and I just want the board to be aware of that concern. Supervisor Champagne referred to the report from the Department of Labor on the water department and that copies were given to each board member in their mail box. I just wanted to make you aware that they did make the visit, we now have the report back and we'll be working with this report to answer to them as we need to. Councilman Caimano referred to article in the paper regarding the water towers that are supposedly going to be constructed by Glens Falls behind the Aviation Mall. Concerned about the construction and questioned why the town has not been an involved agency? Supervisor Champagne noted that he spoke with the Mayor today and was told that it was not necessary for them to go through SEQRA review and they've been approved for bonding already. Town Board held discussion, agreed there was concern and requested the attorney to research the situation immediately. COMPUTER PREVENTATIVE MAINTENANCE Supervisor Champagne referred to the agreement with Preston Computer on maintenance of printers and computers, would like the okay to proceed. Town Board held discussion and agreed to proceed. Supervisor Champagne noted that next Monday would be the fifth Monday of the month and questioned whether the board wanted to hold a meeting or take a week off. After discussion, the board agreed to take a week off. HIGHWAY GARAGE Mr. Paul Naylor, Highway Superintendent gave an update on the status of the garage. Noted that originally they were going for temporary heat but discovered that it was cheaper to put in four heaters that would last a life time. There's some things that I feel the Building Superintendent can do that need not go through the engmeer. Town Board held discussion and recommended that Paul provide the board with a list of needed repairs which can then be determined whether or not could be accomplished by the Building Superintendent's staff. AMG GRANT / QEDC REPAYMENT PLAN Attorney Dusek noted that AMG has been put on the agenda for purposes of discussing whether the grant proceeds and program should be transferred to QEDC as the sub-recipient. If the board desires to do that, that would put QEDC in charge of the funds, both to receive them as well as to further expend them in the future. The town however, would never be relieved of it's responsibilities to the federal government for the funds because QEDC would be known as a sub-recipient, not the major recipient. I guess that's the question that's up for grabs at this point, is whether the town want's to enter into such an agreement with QEDC. Town Board held discussion but no decision was made. Councilman Monahan noted concerns and the board recommended that she meet with the Supervisor to review those and to possibly incorporate language in the agreement that would cover those concerns. ANNOUNCEMENTS Mr. Naylor noted that the realignment of Weeks Road is all set to go. Everyone is in agreement and we're just waiting for the attorney to prepare the contracts. Mr. Martin noted there's a sixty thousand dollar commitment from Wal-Mart on the purchase of a red light to be placed at that corner. Noted further, there's some concern from the motel owner regarding the construction and the affect it would have on his business ... would like everything complete by Memorial Day. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 69, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss qualifications of the applicants for second ward, collective bargaining negotiations, matters that concern the appointment of a particular individual to attorney status for Planning Board, one matter of active litigation specifically Town of Queensbury versus Southworth, potential litigation and attorney client privilege. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None (Councilman Pulver temporarily left meeting room) RESOLUTION TO RECONVENE RESOLUTION NO. 70, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver (Councilman Pulver re-entered meeting) PUBLIC HEARING - PROPOSED LOCAL LAW - SEWER RENTS FOR HILAND PARK 7:00 P.M. SUPERVISOR CHAMPAGNE-I'd like to open the public hearing on the sewers and sewage disposal, to amend article 24 concerning establishment of sewer rates. Anyone here to speak on behalf or against? Yes, sir. MR. MIKE SHAW, WASTEWATER SUPERINTENDENT-These rates are for Hiland Park, user rates for 1995 operation and maintenance. The rates are based on water usage. The water use comes from the water meters from Hiland Park's residents. The rates for 1995 will be as follows: residential, zero to fifty thousand gallons, a base rate of a hundred dollars; over fifty thousand gallons, four seventy-five per thousand gallons; commercial rate, thirteen dollars per one thousand gallons of water usage. That's it, any questions? SUPERVISOR CHAMPAGNE-Any other questions? Anyone else here to care to speak on behalf of the water rates at the Hiland Park? If not, I'll close the public hearing. PUBLIC HEARING CLOSED 7:01 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 3,1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136, THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL," TO AMEND ARTICLE XXIV CONCERNING "ESTABLISHMENT OF SEWER RENTS." RESOLUTION NO. 71, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to amend Article XXIV concerning "Establishment of Sewer Rents," as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on January 23, 1995, a public hearing with regard to this Local Law was duly conducted, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to amend Article XXIV concerning "Establishment of Sewer Rents," to be known as Local Law Number 3, 1995, the same to be titled and contain such provisions as are set forth in a copy of the proposed 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 said 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 23rd day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None LOCAL LAW NO. 3, 1995 A Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal". BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, Paragraph C, is hereby amended to read as follows: C. Annual charges pursuant to § 136-135 hereof for the Hiland Park Sewer District: (1) For residential properties: one hundred dollars ($100.00) annually for each residential unit, plus four dollars and seventy-five cents ($4.75) per thousand gallons of water consumption in excess of fifty thousand (50,000) gallons as indicated by the current water meter readings billed on a quarterly basis. (2) For nonresidential properties: thirteen dollars ($13.00) per thousand gallons of water consumption as indicated by the current water meter readings billed on a quarterly basis. SECTION 2. This Local Law shall take effect as soon as allowed under the Municipal Home Rule Law. RESOLUTION TO ADJOURN RESOLUTION NO. 72, 95 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. Duly adopted this 23rd day of January, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY