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1996-01-15 SPECIAL TOWN BOARD MEETING JANUARY 15,1996 6:00 p.m. MTG.#3 RES. 45-62 SPECIAL TOWN BOARD TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT ABSENT (Entered at beginning of Regular Session) COUNCILMAN BETTY MONAHAN COUNCILMAN CAROL PULVER Supervisor Champagne-Opened the meeting RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 45.96 INTRODUCED BY: Mrs. Connie Goedert 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 conduct interviews for architect. Duly adopted this 15th day of January, 1996 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mrs. Monahan, Mrs. Pulver (Interview) RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 46.96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board hereby adjourns its executive session and moves back into Regular Session. Duly adopted this 15th day of January, 1996 by the following vote: AYES: Mrs. Goedert, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Monahan, Mrs. Pulver (Councilman Monahan and Pulver entered the meeting) REGULAR SESSION 7:00 p.m. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne-Opened the meeting and welcomed a local school government group to the Town Board Meeting. CORRESPONDENCE: Town Clerk Darleen Dougher-We have approximately fifty letters from students of Queensbury School and various other schools and they are congratulating the Town Board for supporting the Chapman Museum. (Letters on file) RESOLUTIONS: RESOLUTION APPROVING MODIFICATION AGREEMENT TO AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAD ENTERPRISES, INC. DATED DECEMBER, 1990 RESOLUTION NO.: 47. 96 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously authorized an agreement between the Town of Queensbury and Lad Enterprises, Inc., concerning the payment of certain sums owed in connection with the establishment of the Bay Road Water District Extension, which has now since been consolidated into the Queensbury Consolidated Water District, and WHEREAS, since the time the agreement was first entered into, the subdivision has been modified and the number of dwelling units reduced, and therefore, the required capital contribution has been likewise reduced, and in addition thereto, The Michaels Group, LLC, has gained an interest in said subdivision, and WHEREAS, a modification agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby approves the modification agreement presented at this meeting, and authorizes the Town Supervisor to execute the same on behalf of the Town, and take such other and further action as may be necessary to accomplish the purposes and intent of the agreement. Duly adopted this 15th day of January, 1996 by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs.Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PLANNING BOARD TO RETAIN ATTORNEY MARK 1. SCHACHNER RESOLUTION NO. 48,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Planning Board for the Town of Queensbury has requested that the Town Board of the Town of Queensbury appropriate funds to allow for an attorney to service the Planning Board, and WHEREAS, Town Law ~271 provides that the Town Board is authorized and empowered to make such appropriations as it may see fit for Planning Board expenses, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Planning Board to retain the services of Mr. Mark 1. Schachner for a period of one year, to end December 31, 1996, at an hourly rate of $125.00, and for a total sum not to exceed $15,000. without prior Town Board approval, and to be paid for from the appropriate Planning Account, and BE IT FURTHER, RESOLVED, that all bills submitted for legal services shall include a brief description of the service performed, the date of service and charge for the same, and BE IT FURTHER, RESOLVED, that this authorization is contingent upon the fee arrangement being consistent with the terms and provisions of the retainer agreement submitted at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid agreement. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PRESTON COMPUTER SERVICES RESOLUTION NO. 49.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is desirous of retaining the services of Preston Computer Services for the 1996 year, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of Preston Computer Services for the 1996 year, in an Agreement to be approved by the Town Attorney, and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town, and BE IT FURTHER, RESOLVED, that the cost of this Agreement, $13,104., shall be paid for from the General Fund, Data Processing Account. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion held-Attorney Dusek-A new section has been added to the contract, the Town will pay a minimum number of hours for the services rendered, this is different than what was in your other contracts. They have agreed to come every tuesday for four hours, also if the Town was to terminate the agreement they would be entitled to three months notice. RESOLUTION AMENDING SUBSTANCE-FREE WORK PLACE POLICY AND SUBSTANCE TESTING POLICY RESOLUTION NO. 50.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by resolution no. 673, 95, the Town Board of the Town of Queensbury adopted a Substance-Free Work Place Policy and a Substance Testing Policy, in accordance with and in compliance with the Onmibus Transportation Employee Test Act of 1991 and the Drug-Free Work Place Act of 1988, and WHEREAS, it is the Town Board's understanding that the proposed amendments are acceptable to the Town of Queensbury CSEA Local No. 1000, and the Town Board desires to amend said Policy, and has presented the proposed amendments at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amendments to the Substance-Free Work Place Policy and Substance Testing Policy as presented at this meeting and hereby further authorizes the Town Supervisor to take such steps as may be necessary to fully implement the amended policy with authority to sign said documents as may be appropriate to implement said policy. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF SERVICES OF CONVENIENT MEDICAL CARE, P.C., TO PERFORM SUBSTANCE TESTING SERVICES FOR THE TOWN OF QUEENSBURY RESOLUTION NO.: 51.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of a company to perform substance testing services in accordance with Federal Motor Carrier Safety Regulations (FMCSR), and WHEREAS, Convenient Medical Care, P.C., has offered to perform the aforesaid services in accordance with the terms and provisions of an agreement presented at this meeting, at the cost(s) designated in said agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Convenient Medical Care, P.C., to perform the services outlined in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to enter into the agreement with Convenient Medical Care, P. C., for the performance of services authorized by this resolution, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from the appropriate accounts. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING THE RETENTION OF ADIRONDACK ENVIRONMENTAL SERVICES, INC., FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO.: 52.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, the Landfill Superintendent, James Coughlin, has previously solicited quotes for the testing of the wells and waters at the Landfill from three different companies, and WHEREAS, Mr. Coughlin advises that Adirondack Environmental Services, Inc., has provided the lowest quote, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of the services of Adirondack Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill at a sum not to exceed $ 5,450.00, to be paid for from Account No.: 92 81604400, 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 15th day of January, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR MICHAEL AND PAULETTE SUNDBERG FROM SFR-IA TO SFR-20 TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 53.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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 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: MICHAEL AND PAULETTE SUNDBERG - Tax Map No.'s: 46.-2-9.1 and 46.-2-13, 135 Cronin Road, Queensbury, New York 12804, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES Mrs. Monahan, Mr. Turner ABSENT: None Discussion held: Councilman Turner and Councilman Monahan requested more information before it is turned over to the Planning Board, such as terrain and wetlands description, number of units and what it will look like, recommended that it go before committee before further action is taken. Councilman Pulver-requested that the motion be voted upon as is. RESOLUTION AMENDING RES. 42, 96 CONCERNING APPOINTMENT OF PLANNING ASSIST ANT RESOLUTION NO.: 54.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 42, 96 which authorized the appointment of Mr. George Hilton as Planning Assistant, with employment to start on January 22, 1996, and WHEREAS, the starting date of employment should read January 29, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 42, 96, such that the starting date of employment for Mr. George Hilton shall be January 29, 1996. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION HIRING CLEANER RESOLUTION NO.: 55.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there is a vacancy in the Building and Grounds Department in the Cleaner 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. Catherine Haas as a Cleaner working on the Third Shift, effective Tuesday, January 16, 1996, at the hourly rate indicated in the current Collective Bargaining Agreement Pay Schedule, and BE IT FURTHER, RESOLVED, that Ms. Haas will be placed on an eight month probation period, 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 15th day of January, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING BUILDING MAINTENANCE MECHANIC RESOLUTION NO. 56.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Gary L. Austin as Building Maintenance Mechanic in the Building and Grounds Department, on a provisional basis and subject to probationary period requirements, with his annual salary to be set at $11.25 per hour, and with employment to start on January 16, 1996, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or the Town Comptroller are hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None ABSENT: None RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 57.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: WASTE WATER: FROM: 032-1990-1002 (Misc. Payroll) 032-1990-1002 (Misc. Payroll) 032-1990-1002 (Misc. Payroll) WATER: FROM: 47-8340-4400 (Misc. Contr. Transmission & Distribution Shore Colony) and BE IT FURTHER, TO: $ AMOUNT: 032-8110-1830 (Waste Water Director) 100. 032-8110-1910 (Sr. Typist, FT) 1,000. 032-9030-8030 (Benefits-Social Security) 200. TO: $ AMOUNT: 47-8320-4400 (Misc. Contr. Water Purchase/Supply Shore Colony) 49.13 RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 15th day of January, 1996, by the following vote: NOES None AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne ABSENT: None RESOLUTION AUTHORIZING APPRAISAL SERVICES RESOLUTION NO.: 59.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of Alvey and Cote and an expenditure of not more than $800., for the purposes of securing a preliminary appraisal of the AMG Building on Luzerne Road, Queensbury, and BE IT FURTHER, RESOLVED, that the cost of said preliminary appraisal shall come from the Miscellaneous Contractual Highway Garage Account No.: 01-5132-4400. Duly adopted this 15th day of January, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING EMPLOYMENT OF HARZA NORTHEAST ARCHITECTS, ENGINEERS, AND CONSTRUCTION MANAGERS RESOLUTION NO.: 60.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is interested in making improvements to Aviation Road in the Town of Queensbury, and WHEREAS, the Executive Director of Community Development has distributed to qualified engineering firms, a Request for Proposals (RFP) for engineering and design services to develop a phased approach for improvements to Aviation Road, and WHEREAS, Harza Northeast Architects, Engineers, and Construction Managers (Harza) has responded to the aforementioned RFP with a qualified proposal for the fixed sum of $18,000., NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor be and hereby is authorized and directed to enter into an agreement between the Town of Queensbury and Harza for services performed in connection with the scope of services as listed in the aforementioned RFP at a cost not to exceed $18,000., to be paid for from Account 001-1440-4397, and BE IT FURTHER, RESOLVED, that the aforesaid agreement between the Town of Queensbury and Harza shall be in a form to be approved by the Town Attorney. Duly adopted this 15th day of January, 1996 by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None TOWN BOARD MATTERS: DISCUSSION RE: COLES WOODS Councilman Pulver-Regarding Cole's Woods Has the Mayor reported back to the Town? Supervisor Champagne-The Mayor called me Thursday night following the Council Meeting and indicated that we should have a yes or no answer and I thought we needed to talk about it tonight as to the direction you would like me to take. Councilman Monahan-Have they ever actually got a formal petition from the City of Glens Falls, saying that they would like to annex Cole's Woods? No petition has been received... Board requested that the Supervisor notify the City that they would like the proposal in a more formal way, in writing. DISCUSSION RE: MONUMENT Councilman Pulver-We should decide is, we own it solely or jointly... Attorney Dusek-Marilyn VanDyke has been asked to assist and gather information and turn it over to the Attorney for review...! have met with Marilyn and indicated what documents I needed to see. Councilman Goedert-Is it a question of the monument or the property? Attorney Dusek-It is actually the property that the monument sits on. The deed predated the establishment of the City, two questions arise, 1. what did the effect on the establishment of the City have on property lying within the City limits...2. Although there was a deed we have to see if that has been effected by any subsequent deeds. Councilman Goedert-Why don't we deed 100% to the City? Supervisor Champagne-They do not want 100%. Councilman Pulver-The article said they wanted to charge us back taxes. DISCUSSION ATTORNEY Councilman Pulver-I had Cathy gather information regarding Attorney costs over the last several years, I think there maybe some costs savings to the Town, we need to request a proposal from law firms for 24 hour a day on call as needed council for the Town for a flat fee. To have these figures in front of us so we can decide to go to another full time attorney or with a firm... We have several different types of Attorneys for the Town, labor, Bond Council, Attorneys for litigations, SEQRA Attorneys, etc. possibly if we took on a firm that could provide us with all those different types of council it would be more cost effective for us. In 1995 we spent $281,000 for Attorneys including in house Attorney, that is six times what it was in 1988. Councilman Monahan-I was here when we had an Attorney on call and I know why we went to a full time Attorney in house and I frankly think we need to stay to a full time Attorney, in house. Councilman Turner-That is my feeling. Councilman Goedert-I do not think there is enough information to make a decision one way or the other. I think we should hire two part time Attorneys, with different backgrounds on each side. Supervisor Champagne-The action that I see in that Attorneys Office and the availability that he is to this community and to this town and to the officials I just cannot imagine that we could operate without him and the rate that we pay this guy to do the job that he does vs the rate you would be paying a firm I do not see how you are going to save any money and I do not see that you are going to get the service. Councilman Monahan-Where does the firms relationship start and stop with the Town of Queensbury in relationship to other clients who also maybe coming in contact with the Town of Queensbury? Councilman Pulver -You request that they do not take on any client that are coming up against the Town of Queensbury. Board agreed to place one ad in the local paper, ad to be written by Councilman Pulver to be run in Sundays paper asking for a firm... ATTORNEY MATTERS Town Attorney Dusek-Asked for Executive Session for three matters in litigation. OPEN FORUM Ms. Barbara Bennett-Re: Attorney I have seen the time when they called in an Attorney when ever they needed them and he was doing things off the top of his head. That does not work well for him or the board. Councilman Monahan-Another reason that we decided that we would not use the same Attorney for the Town as for the Planning Board and Zoning Board because sometimes our interests may not be the same as the Planning Board interests so we want the Town Attorney appearing before those boards to represent the Town's interests. Ms. Bennett-There was talk about hiring two part time Attorneys but I think you loose the continuity if you have two Attorneys with their own slant on things it would depend on who you contacted who was on duty what answer you got. On a twenty four hour basis you are getting an on the spot opinion but they are not tied into everything else that is going on in the Town of Queensbury. Councilman Goedert-That was two Attorneys that have two different fields. Ms. Bennett-Questioned 3.4 Resolution-what is the substance free resolution? Supervisor Champagne-This deals with substance abuse, alcohol and drugs. Ms. Bennett-Recently you raised the water rates, is that the result of the expansion at the Water Plant? Supervisor Champagne-Part of it is, and we took part of the operations which was on the taxes and placed it on the water users costs. Ms. Bennett-I have often thought that if you had gone to referendum on the expansion of the plant the residents would not have wanted you to do the big expansion. RE: reduction in rates for big water users to me that is not right that you raise the rate for the average citizens so you can lower the rate for the big water users. Councilman Goedert -you have to look at it in two ways, if you continue at the rate of the big water users and they stop using the water then the rate is also going to go up. Councilman Monahan-Any discount we have talked about giving to the big customers will not effect the regular water user except a few dollars a year. Ms. Bennett-Questioned if the town had considered doing testing on lead content in the water? Noted that Glens Falls has added a chemical to water to dilute the lead content. Supervisor Champagne-Not to my knowledge. It may be a good idea. Ms. Bennett-When was the last time they flushed the hydrants? Supervisor Champagne-The last one was done in the fall. Ms. Bennett-For Paul Naylor-noted on January 10th saw truck drop plow and put debris into driveway...he was hauling dirt...This is Martin Luther King Day, questioned why the office was opened? Supervisor Champagne-The contract has not been changed, there are Holidays that are not identified as Martin Luther King Day to have... Mr. John Salvadore-Questioned the Oath of Office taken by the Town Officials (passed out Constitution of the State of New York) Attorney Dusek-Reviewed the Oath for Mr. Salvadore indicating that the New York State Officials Oath is different than the Town Oaths. Mr. Salvadore-re:Water Bulk rate I would hope that the Town Board would allow the people that would be bearing the burden of this cost to be heard on this subject. Spoke to the Town Board about the sales tax revenue from West Mt. Ski and Great Escape, listed items that are not taxable...Questioned when the public hearing would be for water front zoning? Executive Director Martin-The final draft is done, the Board will have it by the middle of the week. Mr. Salvadore-I have submitted a plan for a building permit in late November, questioned when I will get a response? Executive Director Martin-There is a legal matter that comes into play with this particular permit application, not because of the nature of the permit itself but because of the location. I am waiting for the Attorneys office to finish its research on that matter before I will be make decision on the permit and the zoning involved and that has been the holdup. Mr. Salvadore-Re: use of AMG building for Highway Garage Have you put together the economics of this move? Supervisor Champagne-We have started that... Mr. Salvadore-RE: Dog enumeration where do we stand... Executive Director Martin-It has been completed. Town Clerk Dougher-Collection of data is completed, now in the process of evaluating every slip to make sure information is correct, when this is completed those that do not have a license will be contacted to do so. Supervisor Champagne-As far as registration it has increased... Mr. Salvadore-This should be treated as a user fee. Who wrote the RFP on the Fire and EMS Study? Supervisor Champagne- I had a piece of it... Councilman Pulver-We all looked at it and gave input. Mr. Salvadore-If you are unhappy with the results that your paid consultant is producing it is a question of administration. Supervisor Champagne-We have a draft copy that we are looking at we do not have the final copy yet, it may be pre-mature to pass judgement as to the shallowness of the report that is my opinion. Councilman Pulver-We need to compare it with the request for proposal which we sent out. Mr. Salvadore-Re: RFP for Attorney...Why don't you write the RFP for what you expect your Attorney if it is an outside firm to do for you. Supervisor Champagne-That is what we are going to do. Mr. Salvadore-RE: Stormwater Management Plan What is the schedule. Executive Director Martin-It is on schedule. We should have a draft by late spring another public meeting in early summer and finalize by end of August. Mr. Salvadore-RE: Environmental Review Mooring Post project...they are being required to prepare a storm water management plan for their facility, what are they using for a criteria? Executive Director Martin-The only think we have in writing is in the subdivision regulations...in this case it will be up to the judgement of the Zoning Board in the context of their SEQRA review as to what they think is reasonable. It will be the staff recommendation that the Zoning Board with the applicants consent get some third party independent review as we normally do with the Planning Board a consulting engineer to review the numbers and calculations and the assumptions that go into that report. Mr. Salvadore-RE: Mooring Post Wastewater The Park Commission has indicated that, that issue should be looked at, again under whose standards? Executive Director Martin-We do have some guidance under our septic code, that is a call by the Zoning Board as a Lead Agent. Mr. Salvadore-RE: Water Lake George water quality, mil foil etc. I have recommended a public health board be organized in the Town. Supervisor Champagne-The Board thinks it is not necessary to have a Board of Health. Mr. Salvadore-RE: Use of Sonar Noted he operates two public water supplies, licensed to do so, one water supply takes water from Lake George, one of the requirements of the State Health Dept. on operators that we protect the water shed. Questioned that law on the books Environmental Conservation Law 17-1709 will have to be changed if you want to use Sonar. Questioned who is enforcing the Lake George Law, your Board of Health is supposed to be doing it. Mr. Pliney Tucker-Resolution 3-10 appointment of Building Mechanic At what wages was he hired? Supervisor Champagne-Eleven dollars and twenty five cents. Mr. Tucker-3-15 Northeast Architects Engineers...for Aviation Road Supervisor Champagne-yes. Mr. Tucker-Are they the people that are designing the bridge? At what cost? Supervisor Champagne-Yes. $18,000. Councilman Goedert-That is both phases, all the way up to West Mt. Road. Supervisor Champagne-Phase I From Burke Dr. to Manor Drive that will be completely engineered ready to go this sunnner, from that point to West Mt. Road will be conceptual traffic improvement study. Mr. Tucker-The project this summer what are you going to do? Councilman Goedert-Widen it and put in a turn lane. Mr. Tucker-Coles Woods-Does the Town Board have the authority to make a deal with the City? Attorney Dusek -Yes. There is specific legal authority under the General Municipal Law. Mr. Tucker-They cannot give it away, can they? Attorney Dusek-The Board has a lot of flexibility in the terms of an agreement. Mr. Tucker-Why aren't QEDC meeting not all public? Supervisor Champagne-They are public, the last go around, my understand was that the President Dean Bacas thought there would be fewer people at the meeting and it grew to a quorum and then you are in trouble. The question is not what they attempted to do the question was you have a private Partners for Progress if that is the one that you are referring to that has full rights to remain private. Mr. Tucker-Question what the $25,000 is going to be used for? Executive Director Martin-My understanding would be to pursue their project, the Woolworths Building. Mr. Tucker-Is there some business in Queensbury that could use the $25,000? Executive Director Martin-I do not think there is anything actively right now, but if there were I think the QEDC Board would consider it. Mr. Tucker-Have we received any money from AMG? Town Comptroller Ms. Goeffroy-No Attorney Dusek-They are still in the process of re-organization. Mr. Tucker-On the AMG property there was a reference made to a letter that the owners sent, requested a copy? Attorney Dusek-Suggested that Mr. Tucker file a FOIL with the Town Clerk. Mr. Tucker-RE: Cleaning Fire Hydrants Questioned the article in the paper. Councilman Goedert-Noted this deals with those that plow snow into the Hydrants could be fined... Mr. Tucker-RE: State Prison in Warrensburg Sounds like a good idea... Highway Supt. Paul Naylor-I have read that the County is no longer in the trash business, why do I see the green and yellow trucks going up and down the road? Supervisor Champagne-They still take recyclable..a couple of the Towns are still using the County to haul their garbage from transfer stations goes to Warren Street and then it is loaded and it is then hauled by a private hauler to the burn plant. Councilman Monahan-My complements to our crew for the good work that they have been doing through all those storms. RESOLUTIONS CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 62.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board hereby moves into Executive Session to discuss an assessment matter in litigation, Morse EngineeringlPeggy Ann Road and bankruptcy Attorney Client Privilege. Duly adopted this 15th day of January, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None No action taken. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen Dougher Town Clerk-Queensbury