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1995-02-13 SPECIAL TOWN BOARD MEETING FEBRUARY 13, 1995 4:00 p.m. MTG.#9 RES.12l-l29 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Nick Caimano Councilman Carol Pulver Supervisor Fred Champagne called the Workshop Session to order: Noted he had just come back from a meeting in Albany with the Association of Counties and I listened to the New Budget Director and it looks like the Counties and Towns will end up on the plus side.... DISCUSSIONS RISK MANAGEMENT PROGRAM Mr. Russ Guard-Gave presentation to the Town Board regarding a Risk Management Program...first step, Hazard Communication Right to Know Policy...Lockout-Tag Out, Personal Protection, HBV-HIV Protection, Hearing Conservation, Audit of Work places to see where hearing conservation program should be put in place, respiratory protection, confined space entry, trenching and excavating, rabies and lime disease protection, town emergency response plan, awareness training to follow...work zone safety, Federal mandates on signage, flagging, mine safety, ADA compliance, hoist and jack inspections, indoor air quality, building security...all this things would be predicated on how far you want to go...qualified to instruct in all these aspects...have written these policies for Washington County...spoke on the importance of taking proper accident reports... Supervisor Champagne-Noted that the Board has received copies of the workmen's compo cases over the past five years.. .also pulling together a smary of all accidents... Councilman Caimano-Questioned what type of reduction could be expected? Mr. Guard-...you should be looking at a substantial reduction in your workers injuries...must measure lost time...spoke on light duty programs...OSHA requirements are minimal, you should look to the employees and make them happier and keep them working......we can saving money by addressing these items. Executive Director Martin-Questioned if office type situations would be considered in this proposal? Mr. Guard-Yes. Councilman Monahan-Spoke to the Town Board regarding their insurance policies, they are very concerned about the safety procedures, and training that are in place...all of this eventually will have some input on our rate...questioned if this program speaks to harassment? Mr. Guard-Yes. Highway Dept. Paul Naylor-Spoke to the Town Board regarding the benefits of safety in the work place...outside person can be an asset... Water Supt. Thomas Flaherty-The personnel policy that you gave us put the responsibility on us, you did not give us anything to work with, you cannot make us responsible for something and then not give us the tools to do it with. Councilman Turner-This is an interceptor between the OSHA and us... WATER TREATMENT PLANT EXPANSION Attorney Dusek and Water Supt. Thomas Flaherty presented to the Town Board with the use of a map a proposed right of way for Niagara Mohawk to use, that would not use the access through the middle of the property but would be next to the intake buildings... Town Board suggested that this be looked into further, and bring back a proposal for the new access... Water Supt. Thomas Flaherty-noted that the water department has to move some items such as pipes that have been stored. . must get to another piece of property and cut down trees and put a fence up and get everything that is stored moved, before construction...we need to be on the land as soon as possible... To meet our schedule construction must be started in May. DEPARTMENT OF STATE OFFICE OF FIRE PREVENTION AND CONTROL-ALLEN AYOTTE Mr. Allen Ayotte-Spoke to the Town Board on what his office could do for the Town regarding Fire Protection studies... 1. Depreciation Issue-you are dealing with the equipment itself, as to how much the equipment is being used and utilized both in emergency response as well as for training...Maintenance Records are a very important factor...discussed replacement vs. refurbish... 2. Long Range Plan-apparatus issue is an important factor... Man Power Needs, present level and what the future will need... ...future growth of the Town will be a factor....must also look at existing buildings and what will be needed in the future... Councilman Caimano-Questioned if there is an statistical data on equipment... Mr. Ayotte-We do not maintain such statistics. Councilman Pulver-Is there a certain amount of equipment that a company is required to have based on the number of calls? Mr. Aylotte-It is not based on the number of calls, it is based on what is being protected. The Insurance Services Office has established what department actually need for specific protection requirements...will have to check if they would do a study.... Councilman Monahan-Questioned how long the study will take if done by your department? Mr. Aylottee-It will vary...start to finish-four months...report on the fire defense needs of the Town... Executive Director Martin-Noted in the Comprehensive Land Use Plan we are going to interview the companies, and find out what the status is and what they project as their needs...an inventory of what is there and age of it. Councilman Pulver-Questioned if there were private companies that do this work? Mr. Aylotte-Yes.. Will send a list ... Town Board agreed to, by letter to be placed on the list to get on line at Mr. Aylotee's office... Also look into private companies, Board reviewed the past Proper fire study report... SCHERMERHORN VARIANCE Councilman Monahan-The whole point in rezoning this really was that they could not cluster under the SRF1A determination, in order to make this fly it has to be clustered, so the SFR1A will let them cluster. In that way they can get away from all the wetlands, protect the Halfway Brook, we can have driveways that their access points are in common adjoining each other so there won't be extra curb cuts on a collector road. Executive Director Martin-Allows some access for the common area from Meadowbrook... Councilman Monahan-described the purpose of clustering...suggesting that this keep the permeably ratio that was allowed in the more strict zone the SFR1A the 65% because of a sensitivity of this land we are also suggesting that the footprint of the house cannot exceed 900 square feet and the garage not over 600 sq. ft., it does not mean that they cannot go up...the idea is to leave as much area there for penetration of the water, because you have a high water table, as possible. Executive Director Martin-A wetland buffer boundary 100' restricts the area of development. Councilman Monahan-Noted that this is limited to this plan that we have right here, this is the plan the Planning Board has to work with...noted a modification on lot one because of site distance for driveway.... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 121.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss a personnel matter. Duly adopted this 13th day of February, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 122.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session and moves back into regular session. Duly adopted this 13th day of February, 1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver, Mrs. Monahan Councilman Monahan and Councilman Pulver re-entered the meeting... RESOLUTION SETTING CONTINUATION OF PUBLIC HEARING FOR SCHERMERHORN REZONING RESOLUTION NO. 123.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury recognizing that the public hearing on the Schermerhorn request for rezoning tax map no. 60-2-7.1 and 60-2-7.3 from SFR-1A to SR-1A was left open hereby determines it appropriate to establish February 27th, 1995 at 7:00 P.M. as the time and place for continuation of that public hearing and be it further resolved the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to prepare a suitable notice to be placed in the newspaper and appropriately served on residents if that was done in the first instance and any other person that it may be required to be served upon. Duly adopted this 13th day of February, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Turner TAX RECEIVER VACANCY Announced that Mrs. Betty Eggleston will be retiring in April... RELOCATE COMPTROLLER OFFICE Supervisor Champagne-We are planning to bring the Comptroller Office to the first floor...where the Assistant to the Recreation Director is presently located and the Historian's Office. The Assistant to the Recreation Director will be in the conference room... TOWN CLERK RECORDS GRANT FUNDS Town Clerk-The first step is to accept the 1994-95 grant...notified the board that a portion of the dollars presently earmarked for salaries in the 94-95 grant is being requested to be moved for purchase of laptop computer, boxes, and shelving, ladders and lights...Requested that permission be given for Alberta Steins to assist Joann in the records room, there is enough to pay her for eight weeks, part time...agreed to by the Town Board... TOWN COURT-CRIMNET ACCESS Supervisor Champagne-Noted we are receiving the software by the State has notified us that we much supply the hardware for the Crinmet...suggested that the Town may want to give the Town Attorney's computer to the Court for this program and upgrade the Town Attorney so he has faster access to his records.. . Discussion was held and noted that the Board wants to be sure that the computer is large enough to do the work that is being asked of it... MOVE MARCH 27TH MEETING TO MARCH 23RD. Discussion held be no action was taken... RESOLUTIONS RESOLUTION APPOINTING SANDRA EGGLESTON AS CLERK IN THE DEPARTMENT OF BUILDING & CODES ENFORCEMENT RESOLUTION NO.: 124.1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Ms. Sandra Eggleston has been occupying the position of Clerk to the Building and Code Department on a temporary basis and is on the Warren County Civil Service Preferred List for said Clerk position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to hire Ms. Sandra Eggleston in the full-time Clerk position, at the existing Clerk salary rate, effective February 14, 1995, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 13th day of February, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Executive Director Martin-We have received a letter of resignation from Ms. McCoy... RESOLUTION AUTHORIZING AGREEMENT FOR ENGINEERING SERVICES RESOLUTION NO. 125. 1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of continuing to employ the services of Rist-Frost Associates, PC, as consulting engineers, to provide engineering technical services to the Planning Department and Planning Board and, where necessary, the Zoning Board of the Town of Queensbury, and WHEREAS, an Agreement has been presented at this meeting, which Agreement would provide for the continuation of such services for the year 1995, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, hereby determines and authorizes the retention of the engineering firm Rist -Frost Associates, PC, in accordance with the terms and provisions of an Agreement, to be substantially similar to the one presented at this meeting, the same to be in a form approved by the Town Attorney and executed by the Town Supervisor, and BE IT FURTHER, RESOLVED, that the cost for engineering services shall be paid for from the Reimbursable Engineering Services Account of the Planning Department. Duly adopted this 13th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: The Town Board requested that the agreement be amended to dealt the name of Mr. Thomas M. Yarmowich and insert the name Mr. Bill MacNamara... RESOLUTION TO ACCEPT BID FOR SUPPLY AND INST ALLA TION OF AIR CONDITIONING SYSTEM IN THE QUEENSBURY ACTIVITIES CENTER RESOLUTION NO. 126. 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the supply and installation of an air conditioning system, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Peter Brault, Town Building & Grounds Superintendent, has made a recommendation in connection with the bid, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the supply and installation of the air conditioning system at the Queensbury Activities Center to G.F. Refrigeration, of 52 Main Street, Queensbury, New York, and BE IT FURTHER, RESOLVED, that said item is to be paid for from the Capital Project Fund, #74-1620-2899. Duly adopted this 13th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES Mrs. Monahan ABSENT: None Discussion held before vote: The low bidder has requested permission to substitute for the performance bond a treasury bond...it was the consensus of the Board to stick with a performance bond as per the specifications.. . RESOLUTION AUTHORIZING ACCEPTANCE OF RECORDS MANAGEMENT IMPROVEMENT FUND GRANT RESOLUTION NO.: 127.1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Supervisor of the Town of Queensbury was notified that the Commissioner of Education of the New York State Education Department has offered a Local Government Records Management Improvement Fund Grant (LGRMIF) in the amount of $12,296.00 to the Town of Queensbury for an inventory/planning project, and WHEREAS, the Town Board of the Town of Queensbury is desirous of accepting the grant offer for an inventory/planning project, as previously identified by the Town of Queensbury, as modified by the changes and recommendations included in the letter from the Assistant Commissioner of Education dated June 16, 1994, and authorizing the Town Supervisor to complete and sign the Grant Acceptance Form, and WHEREAS, the Town Supervisor completed and executed the Grant Acceptance Form on January 27, 1994 without prior authorization of the Town Board by resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the acceptance of the Records Management Improvement Fund Grant and hereby approves the authorization of the Town Supervisor to complete and execute the Grant Acceptance Form and take such other and further action as may be required or necessary to arrange for receipt of the grant moneys and otherwise implement the program necessary to accomplish the purposes of the grant and to set up proper appropriations and revenues that may be required or necessary. Duly adopted this 13th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None Executive Director Martin-announced that he has completed the preliminary interviews for Code Enforcement Officer, have four candidates to be interviewed by the Town Board...Meeting set for interviews on February 28th, 1995 at 4:00 P.M. TRANSIENT MERCHANT LOCAL LAW Discussion held regarding proposed 10callaw...Councilman Monahan-questioned why the definitions were separated? Attorney Dusek-Because you had two definitions within one definition, you cannot do that... Councilman Monahan-Asked that the law be made consistent, in the same order...Questioned if there should be a definition of garage sale...Attorney Dusek-Noted that since one has not been established that we wait and amend the local law at another time...Councilman Caimano-Noted he would like to go with the local law that has a time limit... RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY DELETING AND REPEALING CHAPTER 160 THEREOF, ENTITLED "TRANSIENT MERCHANTS, PEDDLERS AND SOLICITORS," AND REPLACING IT WITH A NEW CHAPTER 160 TO BE ENTITLED, "TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS." RESOLUTION NO. 128. 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1995, A Local Law to Amend the Code of the Town of Queensbury by Deleting and Repealing Chapter 160 Thereof, Entitled "Transient Merchants, Peddlers and Solicitors" and Replacing it With a New Chapter 160 to be Entitled, Transient Merchants, Peddlers, and Solicitors," and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law and Town Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 27th day of February, 1995 to consider said Local Law No. _, 1995 and to hear all persons interested on the subject matter thereof concerning the same, 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 No. _, 1995 in the manner provided by law. Duly adopted this 13th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Counilman Pulver- Spoke to the Town Board regarding insurance payment to the Fire Companies...Ltr. Donald Martin-Walton Court re: erosion and piles of discarded blacktop, that was left during phase III...natural gas pipe left unprotected...questioned if Niagara Mohawk been notified? Supervisor Champagne-I plan with Paul and Jim Martin to go out and meet with this gentleman and find out specifically what the problems are. Councilman Pulver-Ltr. Thomas McDonough re: ACC, public has not been informed? Supervisor Champagne-noted that he felt the public had been informed...Councilman Caimano-Noted in Thomas Flaherty's report that we have used 35,000 more gallons in January of 1995 than in 1994... Councilman Pulver-We need to have a resolution to change for alternating terms for QEDC members two years and three years... Councilman Monahan-Questioned if the charter had to be changed... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 129.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss two matters of litigation, Saratoga Associates and John Brock and one personnel matter. Duly adopted this 13th day of February, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None No action taken. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen Dougher Town Clerk