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1996-12-16 REGULAR TOWN BOARD MEETING DECEMBER 16, 1996 7:10 P.M. MTG#53 RES#486-524 B.H.25-26 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER PRESS GLENS FALLS POST STAR TOWN OFFICIALS: JIM MARTIN, EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT DAVE HATIN, DIRECTOR OF BUILDING & CODES MIKE SHAW, DEPUTY WASTEWATER DIRECTOR SUPERVISOR CHAMPAGNE-Called meeting to order. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER PUBLIC HEARINGS ENACT LOCAL LAW ENTITLED "SEWERS AND SEWAGE DISPOSAL" CONCERNING ANNUAL CHARGES FOR HILAND PARK SEWER DISTRICT" PUBLIC HEARING OPENED NOTICE SHOWN 7:11 P.M. DEPUTY WASTEWATER DIRECTOR, MIKE SHAW-This public hearing is for the 1997 Hiland Park Sewer District Rent Rates. The proposed rates for 1997 are as follows: Residential zero (0) to fifty thousand (50,000) gallons of water usage $100.00. Over fifty thousand (50,000) gallons $6.60 per one thousand gallons. Commercial will be $14.85 per one thousand gallons of water usage. COUNCILMAN PULVER-How does that pertain to previous usage Mike? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-The previous rates comparing from 1996 the residential rate over in excess of fifty thousand (50,000) gallons is up a $1.85 per one thousand gallons. The commercial is up $1.85 per one thousand gallons. COUNCILMAN PULVER-And why the increase? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-There are basically two reasons for the increases. The first reason is we are expecting a higher treatment bill from the City of Glens Falls because they are expecting to do some additional work that is needed on the treatment plant this year. Secondly, we're expecting less billable water because of installation of dedicated meters, five additional dedicated meters. The dedicated meters for the people that don't understand what they are is a type of meter that is installed in your plumbing that only meters the water that is going down the sewers it doesn't meter your outside water usage. COUNCILMAN GOEDERT-Twice in your explanation you've used the word expecting. Do we normally bill according to expecting? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-We base this on a two year prior average..... COUNCILMAN GOEDERT -I'm sorry, I didn't catch what you said. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-We're basing this on two year prior average that's how we set the rates. As far as expecting, I assume you are talking about the City of Glens Falls Sewer Rates we won't know them until their budget is completely set and we receive the bill from the City of Glens Falls. COUNCILMAN GOEDERT-And when do we expect that? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-Usually we have it by the end of December. COUNCILMAN GOEDERT-Before we set our rates can we not wait for that bill to come in just in case we don't have to charge these people a $1.85 per thousand? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-The rates are supposed to be set in December for January 1 st. SUPERVISOR CHAMPAGNE-Well, Mike obviously this does sound like a pretty heavy shot. A buck eight five against four seventy five, wait a minute let's read this again. For residential properties $100.00 annually for each residential unit plus $4.75 per thousand. So you are actually jacking this thing from $4.75 to $6.60 which you said percentage wise is a pretty sizable chunk. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Yes, it is. SUPERVISOR CHAMPAGNE-Again, if! apply the ratio of the $4.75 to $6.60 that's not the same ratio that we bumped up in the Queensbury District. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-We didn't raise Queensbury District this year. SUPERVISOR CHAMPAGNE-Well then I guess if the city is going to go up which I think I just heard you say is it reasonable, I guess my question is to what level have you applied this increase to the city charges verses the other charges against the Queensbury system? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Hiland Park pays on a percentage of the sewer bill for Quaker Road Sewer District. SUPERVISOR CHAMPAGNE-Right. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-That percentage is based on their actual flow the actual flow data is through the flow meter. That is somewhere around 2.7 or 3 percent of the major bill that we receive for Quaker Road Sewer District that's what that is based on. SUPERVISOR CHAMPAGNE-Is there at this time any funds any surplus in the Hiland District? DEPUTY DIRECTOR OF WASTEWATER, MR. SHA W-I don't believe there is, is that correct Bill? COMPTROLLER, MR. BURNS-I don't think so. DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-Hiland Park we usually run that pretty close because the rates are so high we don't like to raise the rates. We haven't had a chance to have any kind of fund balance in there at all. One major reason too, the City of Glens Falls is part of it, but really the major reason for this bill going up is the actual dedicated meters. What happens up to Hiland Park is the people up there when they have underground sprinkler systems and they are watering their lawns up there which their lawns are large and they are all in the sun. When somebody is paying a sewer bill based on outside water usage and inside water usage it is a very high bill. In a couple of cases this past year there were a couple of two thousand dollar bills. People elected to install the dedicated meters now probably their bill is going to be reduced probably about fifteen hundred dollars anyway. When you are talking twenty something houses and it was five additional meters installed this year that's a substantial loss in funds. COUNCILMAN GOEDERT-What does the average house use as far as water? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-It is hard to sayan average up there Connie because you have people up there that have large families and people up there that have large houses and only a couple in there. I would say, I guess up to ninety thousand gallons maybe. It is ninety thousand gallons of water if they have a dedicated meter. If they don't have a dedicated meter I've seen it in excess of three hundred thousand gallons of water a year. COUNCILMAN PUL VER-Ifthey don't have a meter it's actually their loss right now. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-That's correct. They are moving ahead those people that are installing them. We have to make the adjustment you are actually raising the rate, but actually their bills are probably going to decrease themselves. SUPERVISOR CHAMPAGNE-There has been some construction up there over this past year. I guess there has been, I don't know Jim whether you would know the number or Dave of the new houses up there, five, six? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Not that many. SUPERVISOR CHAMP AGNE- Two houses over the past year? EXECUTIVE DIRECTOR, MR. MARTIN-Yeah. COUNCILMAN TURNER-The dedicated meter they are charged Mike? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Yes it is. They pay for the installation of dedicated meters. COUNCILMAN TURNER-What does that cost them? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-A hundred dollars for a three quarter inch meter. I think just about everybody up there will have one at this point. SUPERVISOR CHAMP AGNE- This is certainly good reason to consider tapping other sewer especially Adirondack Community College and even parts of Bay Road into that station because this is a high cost operation. I have followed, I had some residents in Hiland visit with me. If you look back the first year of that project took off and the houses that were built back then, I mean that sewer charge has done this since day one. It just started to come down a bit now we're going to..... COUNCILMAN MONAHAN-Probably their bill won't Fred because with the dedicated meters their actual bill is probably going to go way down. COUNCILMAN TURNER-It's going to be way less. SUPERVISOR CHAMPAGNE-Not the people that are on dedicated meters right now Betty. DEPUTY DIRECTOR OF WASTEWATER, MR. SHA W-Ifyou take somebody Fred that has ninety thousand gallons of water usage up there for the year their sewer bill is going to be one hundred seventy five dollars a year the total sewer bill. COUNCILMAN MONAHAN-Counting the base one hundred dollars? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-Yes. COUNCILMAN MONAHAN-A hundred seventy five dollars a year that's not bad compared to alot of localities around. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-We've seen around two hundred as an average maybe. If you are doing that in comparison to the rest of the sewer districts in the Town of Queensbury that's the lowest one. COUNCILMAN MONAHAN-It's pretty good. SUPERVISOR CHAMPAGNE-Any other comments from the board? COUNCILMAN GOEDERT -Mike what was the average bill again up in Hiland? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Okay, average is a pretty tough number to say. COUNCILMAN GOEDERT-I'll change my word from average. What do you expect the bill to be up in Hiland you just gave a figure that I missed? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Some were around two hundred dollars. Average is funny because you have such a vast difference in water usage up there with large families and maybe a house with just two people in it that aren't there that often. SUPERVISOR CHAMPAGNE-Anyone from the public care to speak? COUNCILMAN GOEDERT-I don't understand Mike how you get an average bill of two hundred dollars when it is a hundred dollars up to fifty thousand gallons. Then there are forty thousand gallons at $6.60 per thousand, I come out to around almost four hundred dollars unless my math is wrong and that's not unreasonable to think that. SUPERVISOR CHAMPAGNE-You are about four hundred dollars aren't you? COUNCILMAN MONAHAN-That would be if you were one of the big users. I'm assuming when Mike talks about the ninety thousand he is talking about the big user. So if you bounce that against the one person user and there are people over there with one person in a house that I know of so they are going to drop right down. If you average the high and the low together..... COUNCILMAN GOEDERT-So you feel the ninety thousand gallons is the high user? DEPUTY WASTEWATER DIRECTOR, MR. SHA W-I would say one of the higher ones. Like, I say there are definitely people in there that use more than that. You take a district like that and there are only twenty one users. There is a vast difference between the person who hardly uses any to the big person who has five in their family and home all the time. That's why I'm not to quick to say there is an average. I think an average is the wrong way to look at it is what I'm telling you. COUNCILMAN MONAHAN-What you could get is a medium and so many above on a figure and so many below rather than going after an average a medium is what we are really looking for. If this creates a surplus it will go right into that district and it affects next years rates so it's not like it is going to go into any other fund, but their own. COUNCILMAN GOEDERT-You are asking them to pay for something, say the city users the rates don't go up..... DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-Connie we have the same thing in Central Queensbury Quaker Road Sewer District. Each year we make a guess on what our projections are as far usages over the last two years and what we're hearing from the City of Glens Falls and the rates are set on a projected. If you don't use that money that money will be in surplus there will be a fund balance. If you so see fit next year you could use some of the balance to reduce the rates. COUNCILMAN MONAHAN-If it gets to low it is going to shot the bill next year way, way, high. SUPERVISOR CHAMPAGNE-I hope that next year we have Adirondack Community College tied into it hopefully the rates would go down considerably. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-That would help dramatically that would have a huge difference in that. SUPERVISOR CHAMPAGNE-Any further questions? JOHN SALVADOR-It is interesting that the Town has experience with metered flow for sewage and that you appreciate the importance of it because we are trying to accomplish the same thing in North Queensbury nobody seems to understand why and how, but anyway it's interesting. Somebody asked about the average flow isn't that just a question of adding up those who are getting flow how much and dividing by the number? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-That's true John. Average is kind of funny as you realize. MR. SALVADOR-Average is average. DEPUTY WASTEWATER DIRECTOR, MR. SHA W-Ifyou have twenty people and you have a hundred gallons you can divide that in there. Maybe eight of those people are using alot less than an average and that one person is using a giant.... amount and up in Hiland Park you see that. MR. SALVADOR-Maybe you are talking about mean flow I don't know, but average is average. Simply add all the users and you divide by the number of users and that's the average if that answer your.... Putting in these dedicated meters are they under some kind of inspection and control? Are you sure that water isn't being diverted before that meter that will wind up in the sewer system and how do you do this? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-It is inspected. There is a pre-plumbing inspection to make sure the meter is put in right. Then the meter is put in by the Water Department personnel at that point it is tag. As far as the installation of the meter how it's put in basically the installation of any water meter in the Town of Queensbury you have a gate valve, a pressure reducing value, and then the water meter, and that meters all the water you use on the premises. When you install the dedicated meter basically you would have those three components. You would have a line coming off above your water line which would be outside water usage. Your dedicated meter which is identical to the water meter would be put above that. In other words that meter would not be metering the outside water usage it would be metering just the water used inside the fixtures. MR. SALVADOR-Continuous inspection to insure that someone is not by passing the meter. DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-The meters are read quarterly and on occasion the Water Department for the ones that have outside meters the Water Department will do spot inspections inside. They also have a computer program that flags high or low usage. SUPERVISOR CHAMPAGNE-Anyone else? NO COMMENT PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION TO ENACT LOCAL LAW NO. 8, 1996 A LOCAL LAW TO AMEND ARTICLE XXIV, CHAPTER 136 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED "SEWERS AND SEWAGE DISPOSAL" CONCERNING ANNUAL CHARGES FOR HILAND PARK SEWER DISTRICT RESOLUTION NO. 486, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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," which amendment proposes to raise the sewer rent rates in the Hiland Park Sewer District, 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 December 16, 1996, 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 No.8, 1996, 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 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None LOCAL LAW NO. 8, 1996 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 hereoffor 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) six dollars and sixty cents ($6.60) 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.) fourteen dollars and eighty five cents ($14.85) 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. BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 487, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 16th day of December, 1996 by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANIT ARY SEWAGE DISPOSAL ORDINANCE FOR EDWARD MOORE RESOLUTION NO.: 25,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Mr. Edward Moore has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a two feet (2') distance between the seepage pit and the property line in lieu of the ten feet (10') required distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on January 20th, 1997, at 7:00 p.ll., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Edward Moore to allow a two feet (2') distance between the seepage pit and the property line in lieu of the required ten feet (10') distance, on property situated on Route 9, North of Exit 20, Town of Queensbury, New York, and bearing Tax Map No.: Section 35, Block 1, Lot 4.1, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 26, 1996 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters into the Town Board of the Town of Queensbury. Duly adopted this 16th day of December, 1996, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None Absent:None UNSAFE STRUCTURES DEMOLITION & REMOVAL OF BUILDING OWNED BY LARRY R. DAVIS, JR. DAVE HATIN, DIRECTOR OF BUILDING & CODES-This is a structure that the board issued a resolution to order the property owners to either repair or remove the structure to date that hasn't happened. Sixty days has lapsed that was in the resolution and tonight we're asking for you to approve the demolition of the residence. This is also the same residence where a woman was bite by a stray cat, I believe the cat came from this residence and did have to receive rabies shots as well. COUNCILMAN MONAHAN-There is nobody living in this building? MR. HATIN, DIRECTOR OF BUILDING & CODES-This has been abandoned for several years. COUNCILMAN MONAHAN-Did we ever hear from the owner? MR. HATIN, DIRECTOR OF BUILDING & CODES-I talked to his sister he is in the Navy, I guess and is in and out of port. I did talk to his sister she was hand delivered the resolution from August 5th, and I never heard any correspondence back from them after that. COUNCILMAN GOEDERT-Does she have Power of Attorney for him? MR. HATIN, DIRECTOR OF BUILDING & CODES-I don't know quite how she is related other than she was basically the voice between myself and him, but I know he was aware of this. COUNCILMAN MONAHAN-Is that a problem Mark because we couldn't officially reach the owner? TOWN COUNSEL, MR. SCHACHNER-It's not a problem from the standpoint of conducting the hearing that you conducted previously and issuing the order you may issue now. It does sort of takes me to the issue of whether you want to include if you decide to enact this resolution you'll notice on page 2, in the first resolved paragraph we do have the phrase in brackets as to whether you want us to seek a court order authorizing the demolition or to just go ahead and do the demolition without a court order. I believe it has been the towns practice in the past not to seek a court order. The State Law and the Code does allow the demolition to occur. Obviously the absolute most fail safe method, of course, is to have a court order to avoid any issue like, I think what you are asking about. What if some guy from the Navy comes back and says, oh I never knew, highly unlikely, but that's certainly an option. COUNCILMAN MONAHAN-Have we ever done one before that we couldn't reach the owner? MR. HA TIN, DIRECTOR OF BUILDING & CODES-Yes. In fact you did one probably James on Corinth Road it was done this year. That was the same situation his sister is alive, but nobody knows her whereabouts so we served the last known address of her through Mark's firm and advertised in the paper as well. COUNCILMAN GOEDERT-Dave do you feel there is no repair to this? MR. HA TIN, DIRECTOR OF BUILDING & CODES-The foundation has collapsed and this structure is pretty decrepid so it is beyond repair. SUPERVISOR CHAMPAGNE-David when did we set the $7,000 for demolition removal? MR. HATIN, DIRECTOR OF BUILDING & CODES-If the cost of demolition cost more than $7,000 than it has to go to competitive bid, I believe. What I have done in the past is I got three prices and always gone with the lowest one. SUPERVISOR CHAMPAGNE-Competitive bid is $10,000 I believe. TOWN COUNSEL, MR. SCHACHNER-This isn't a provision of law. I think this is some town policy that predates my involvement. MR. HATIN, DIRECTOR OF BUILDING & CODES-I don't know where the $7,000 came from it's been there ever since I've known. COUNCILMAN GOEDERT-Does it save us money by offering it to the fire companies? MR. HATIN, DIRECTOR OF BUILDING & CODES-Yeah. The only problem with this one is that there is a house about twenty, twenty five feet away from it that is occupied so I don't know if Mike would be willing to do this or not I haven't talk to him about it yet not knowing what you were going to do. SUPERVISOR CHAMPAGNE-Mark on page 2 where the removal exceed $7,000 the same shall be awarded by competitive bidding. I think what I heard him say is RFP. We should strike out that competitive bidding if it's not going to be competitive bidding. TOWN COUNSEL, MR. SCHACHNER-I agree. As I said, that's a policy that predates me. I thought you actually did do it by bidding if you do that. You could certainly say the same shall be awarded by request for proposals or solicitation of approvals either one of those would be fine. EXECUTIVE DIRECTOR, MR. MARTIN-I just want to be make you aware we don't have that kind of money in that line item just so you are aware of it. MR. HATIN, DIRECTOR OF BUILDING & CODES-I just estimate that this house probably would be somewhere between $1,000 and $2,000, I don't think it would be anymore than $2,000. I would hope not it's still a good chunk of change. SUPERVISOR CHAMPAGNE-I don't like the word competitive bidding if it's not going to go out to bid. TOWN COUNSEL, MR. SCHACHNER-We're going to put in there Request for Proposals. COUNCILMAN MONAHAN-Which way do we want to go do we want to take this to court and get court authorization? SUPERVISOR CHAMPAGNE-How big a project is that? I would feel more comfortable if we had a court order to be very honest with you. COUNCILMAN GOEDERT-Why when just a few months ago we did one without one. SUPERVISOR CHAMP AGNE- Two wrongs don't make a right. COUNCILMAN GOEDERT-The foundation is collapsing. COUNCILMAN MONAHAN-I think it's a big deal that happened down in Gansvoort. SUPERVISOR CHAMPAGNE-How big a project is it to get a court order Mark? TOWN COUNSEL, MR. SCHACHNER-Actually, ironically the significant part of the effort might be what the court decides as constitutes service on the owner. Assuming the order was around in other words and that was no problem not a big effort. If the owner can demonstrate to the court why it's not an unsafe building it won't happen. In my experience it's never happened in this type of case it's always been very easy to prove it's an unsafe building. COUNCILMAN GOEDERT-If the guys in the Navy our Navy there has got to be a way of finding him. SUPERVISOR CHAMPAGNE-I'm not big on tearing a house down without either permission or a court order. TOWN COUNSEL, MR. SCHACHNER-That's fine we can certainly do that. MR. HATIN, DIRECTOR OF BUILDING & CODES-I do know he was aware of your last order, that I do know. COUNCILMAN MONAHAN-Yeah, but we don't have anything that proves that. MR. HATIN, DIRECTOR OF BUILDING & CODES-We don't have anything from him, no. SUPERVISOR CHAMPAGNE-I'm in favor of taking the next step I don't know about the rest of the board. COUNCILMAN TURNER-Nothing in writing at all no certified mail, no registered mail? MR. HATIN, DIRECTOR OF BUILDING & CODES-His sister accepted service for him she was basically caretaker, I guess is probably a better word. COUNCILMAN TURNER-But she doesn't have the Power of Attorney? MR. HATIN, DIRECTOR OF BUILDING & CODES-No. COUNCILMAN TURNER-I guess, I'd rather find out for sure. SUPERVISOR CHAMPAGNE-How about you folks? COUNCILMAN GOEDERT-It makes no difference to me. COUNCILMAN PULVER-Me either. SUPERVISOR CHAMPAGNE-Okay, I want a court order. TOWN COUNSEL, MR. SCHACHNER-You would leave the language in the proposed resolution. You would obviously take the brackets themselves out, but the language would stay in. We would change competitive bidding three lines later to request for proposal. SUPERVISOR CHAMPAGNE-Let's try it and see how much trouble it is. MR. HATIN, DIRECTOR OF BUILDING & CODES-I assume then if Mark's firm does the legal work to this then we can go ahead with demolition after three prices? TOWN COUNSEL, MR. SCHACHNER-We would actually seek a court order authorizing that, that would be the end result we've done this in a bunch of places. MR. HATIN, DIRECTOR OF BUILDING & CODES-I can get the three prices and then we make that part of the court order? TOWN COUNSEL, MR. SCHACHNER-I don't need that. SUPERVISOR CHAMPAGNE-Do we need to do anymore with this resolution? TOWN COUNSEL, MR. SCHACHNER-Only enact it. RESOLUTION OF TOWN BOARD ORDERING DEMOLITION AND REMOVAL OF BUILDING OWNED BY LARRY R. DAVIS, JR. RESOLUTION NO. 488, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, after holding a hearing on August 5, 1996 by resolution no. 322, 96, determined that upon reviewing all available information, that the building owned by Larry R. Davis, Jr., and located on property identified as tax map no.: 93.-3-6 located on East Drive in the Town of Queensbury appeared to be unsafe and dangerous, potentially an object of attraction and a danger to minors, unfit for the purposes for which it may be lawfully used and irreparable, and further ordered that the building be repaired or demolished and removed, and in the event that the resolution of the Town Board was not complied with, that the Town Board would take action to have the property demolished, and WHEREAS, the Town Board has been advised that notice of the hearing and a copy of Resolution No. 322,96 was served on the property owner and others having an interest in the property, pursuant to ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that there has been a refusal or neglect of the property owner of that property bearing tax map no. 93.-3-6 to comply with the order of the Town Board of the Town of Queensbury and the Town Board hereby authorizes Counsel for the Town to commence an action seeking a Court Order authorizing the demolition and removal of the building by either Town employees or by contract, except that should the cost of demolition or removal exceed $7,000, the same shall be awarded by Request For Proposals, and commencement of a special proceeding by Town Counsel, if necessary, to collect the costs of demolition and removal, including legal expenses, and BE IT FURTHER, RESOLVED, that all expenses incurred by the Town in connection with the proceedings to demolish and remove the unsafe building, including the cost of actually removing the building, shall be assessed against the real property in which such building is located, and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of special ad valorem assessments, and BE IT FURTHER, RESOLVED, that the Director of Building and Codes Enforcement is authorized and directed to take such further steps as may be necessary and appropriate to accomplish demolition of the building, so long as the terms and provisions of this resolution are adhered to, and BE IT FURTHER, RESOLVED, that a copy of this resolution shall be sent registered mail to the property owner. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DETERMINING THAT PROPERTY OWNED BY GOLDIE LOPEZ IS UNSAFE TAX MAP NO. 127-3- 6 COUNCILMAN MONAHAN-Again, Dave is there anyone living on this property? MR. HATIN DIRECTOR OF BUILDING & CODES-It has recently been vacated by the son of the owner. COUNCILMAN MONAHAN-Right now it is unoccupied. MR. HATIN, DIRECTOR OF BUILDING & CODES-Right now it is unoccupied. COUNCILMAN MONAHAN-Still served by utilities? MR. HATIN, DIRECTOR OF BUILDING & CODES-I believe so, yes. COUNCILMAN MONAHAN-What about this one are the utilities still there or did we cut them off before? MR. HATIN, DIRECTOR OF BUILDING & CODES-They've been disconnected. I have two pictures of the home if you like to see it. (Presented pictures to board) SUPERVISOR CHAMPAGNE-This is strictly to set a public hearing? TOWN COUNSEL, MR. SCHACHNER-All the rest of them are. COUNCILMAN MONAHAN-I know there is alot of junk and stuff but what about the mobile home itself? MR. HA TIN, DIRECTOR OF BUILDING & CODES-The junk has been removed almost all of it, but the home is in pretty decrepit shape. MR. CHAMPAGNE-Set a public what do I hear? COUNCILMAN MONAHAN-For January 20th. RESOLUTION DETERMINING THAT PROPERTY OWNED BY GOLDIE LOPEZ IS UNSAFE - TAX MAP NO. 127-3-6 RESOLUTION NO. 489, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, David Hatin, Director of Building & Codes Enforcement of the Town of Queensbury, has advised that he has investigated and inspected certain property located on Illinois Avenue, Town of Queensbury, and bearing tax map no. 127-3-6, and has made findings as more specifically set forth in Violation Notice dated October 17, 1996, a copy of which is presented to this meeting, and WHEREAS, David Hatin has advised the Town Board of the Town of Queensbury that, in his opinion, a structure on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property demolished if the property owner fails to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Town Board may by Resolution determine whether in its opinion the structure is unsafe and dangerous and thereafter order its demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structure thereon, bearing tax map number 127-3-6, appear to be: 1. Presently unsafe and dangerous and should be secured and made safe or demolished and removed; 2. Potentially an object of attraction and danger to minors and animals; 3. Unfit for the purposes for which it may be lawfully used; and BE IT FURTHER, RESOLVED, that pursuantto Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Director of Building & Codes be and hereby is authorized to serve a Notice setting forth the Town Board's determinations upon the owner(s) of said property or upon the owner's executors, legal representatives, agents, lessees, and any other person having a vested or contingent interest in the property, and BE IT FURTHER, RESOLVED, that a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on January 20th, 1997, at 7:00 p.ll., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the contents, service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DETERMINING THAT PROPERTY OWNED BY JANE AND WILLIAM DENTON IS UNSAFE TAX MAP NO. 117-9-5 SUPERVISOR CHAMPAGNE-Dave do you want to tell us about this next one. MR. HA TIN, DIRECTOR OF BUILDING & CODES-The next one came to my office about a month and a half ago through a complaint about an abandoned structure that was left wide open kids were playing in it, it was right around Halloween time. We did secure the residence we found that doors were opened we were able to lock them there are some windows that are accessible, but they aren't opened or broke yet. According to the neighbors they don't see why the kids are hanging out there. We served the owner with a notice which I believe you have a copy of to do something with the property to repair or demolish it. My recourse with them was to ask them to demolish it willingly. The letter came back return without being able to find the owner and we have no idea where the owner is he does not reside at the residence that was listed on the tax bills. This is basically an abandoned structure that has no owner or no owner wants to be responsible for. It is in pretty decrepit shape it is starting to collapse on the inside. It's an old 1930's, 40's vintage structure. SUPERVISOR CHAMPAGNE-House or trailer? MR. HATIN, DIRECTOR OF BUILDING & CODES-House, I have pictures here. (Presented pictures to board) COUNCILMAN MONAHAN-Fred when does the county take these over for unpaid taxes? SUPERVISOR CHAMPAGNE-Three years. COUNCILMAN MONAHAN-This has been since 1993. SUPERVISOR CHAMPAGNE-The lot has to have some value to it doesn't it? MR. HATIN, DIRECTOR OF BUILDING & CODES-It was on the tax sale this year at the County, I guess nobody bid on it. COUNCILMAN MONAHAN-So the County really owns it then don't they? SUPERVISOR CHAMPAGNE-I'll ask you to check that because to my knowledge everything went. COUNCILMAN MONAHAN-You don't have any pictures of the inside? MR. HATIN, DIRECTOR OF BUILDING & CODES-No I don't the house was locked up. COUNCILMAN MONAHAN-If the taxes haven't paid for a certain number of years we're not sure whether the years are....does that make the County actually the owner that should be served? TOWN COUNSEL, MR. SCHACHNER-It could mean, I see a notation on the letter here taxes not paid since 1993. To answer your question Betty it depends whether the County has taken the necessary action to become a party in interest. I don't know whether it has on this property or not, but it certainly could have if taxes have in fact not been paid for that long. When that happens the County becomes a party to this type of proceeding. SUPERVISOR CHAMPAGNE-You ought to check with the County to see where we are with this. I hate to tear down a County building.. .. MR. HATIN, DIRECTOR OF BUILDING & CODES-Okay, I'll check. COUNCILMAN MONAHAN-In the meantime, I think we can still set the public hearing. SUPERVISOR CHAMPAGNE-Sure. RESOLUTION DETERMINING THAT PROPERTY OWNED BY JANET AND WILLIAM DENTON IS UNSAFE - TAX MAP NO. 117-9-5 RESOLUTION NO. 490, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, David Hatin, Director of Building & Codes Enforcement of the Town of Queensbury, has advised that he has investigated and inspected certain property located on Columbia Avenue at the intersection of Mallory Avenue, Town of Queensbury, and bearing tax map no. 117-9-5, and has made findings as more specifically set forth in a letter dated November 12, 1996, a copy of which is presented to this meeting, and WHEREAS, David Hatin has advised the Town Board of the Town of Queensbury that, in his opinion, a structure on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property demolished if the property owner fails to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Town Board may by Resolution determine whether in its opinion the structure is unsafe and dangerous and thereafter order its demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structure thereon, bearing tax map number 117 -9-5, appear to be: 1. Presently unsafe and dangerous and should be demolished and removed; 2. Potentially an object of attraction and danger to minors and animals; and 3. Unfit for the purposes for which it may be lawfully used; and BE IT FURTHER, RESOLVED, that pursuantto Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Director of Building & Codes be and hereby is authorized to serve a Notice setting forth the Town Board's determinations upon the owner(s) of said property or upon the owner's executors, legal representatives, agents, lessees, and any other person having a vested or contingent interest in the property, and BE IT FURTHER, RESOLVED, that a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on January 20th, 1997, at 7:00 p.ll., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the contents, service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DETERMINING THAT PROPERTY OWNED BY THE ESTATE OF ESTHER V. LA BARGE IS UNSAFE TAX MAP NO. 93-3-12 COUNCILMAN MONAHAN-Same question Dave is anyone living here? MR. HATIN, DIRECTOR OF BUILDING & CODES-No. This house has been abandoned actually for several years. The woman that resided there died several years ago it has gone into an estate. I did receive a letter from her daughter requesting ninety days to do something that ninety days is almost up and I've heard no other correspondence from her so I figured we set the hearing and start the motion. This structure again, is beyond repair it's boarded up actually right now by the owners. It was received through a complaint from a neighbor that just renovated house next door and was concerned about the stray cats living there. (Presented pictures to board) SUPERVISOR CHAMPAGNE-Do we want to go with 1/20 on this one, too? COUNCILMAN MONAHAN-Sure. COUNCILMAN TURNER-Yeah. SUPERVISOR CHAMPAGNE-Do I hear a motion to that affect. RESOLUTION DETERMINING THAT PROPERTY OWNED BY THE ESTATE OF ESTHER V. LA BARGE IS UNSAFE - TAX MAP NO. 93-3-12 RESOLUTION NO. 491, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, David Hatin, Director of Building & Codes Enforcement of the Town of Queensbury, has advised that he has investigated and inspected certain property located on Luzerne Road near the intersection of East Drive, Town of Queensbury, and bearing tax map no. 93-3-12, and has made findings as more specifically set forth in a letter dated August 5, 1996, a copy of which is presented to this meeting, and WHEREAS, David Hatin has advised the Town Board of the Town of Queensbury that, in his opinion, a structure on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property demolished if the property owner fails to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Town Board may by Resolution determine whether in its opinion the structure is unsafe and dangerous and thereafter order its demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structure thereon, bearing tax map number 93-3-12, appear to be: 1. Presently unsafe and dangerous and should be demolished and removed; 2. Potentially an object of attraction and danger to minors and animals; 3. Unfit for the purposes for which it may be lawfully used; and BE IT FURTHER, RESOLVED, that pursuantto Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Director of Building & Codes be and hereby is authorized to serve a Notice setting forth the Town Board's determinations upon the owner(s) of said property or upon the owner's executors, legal representatives, agents, lessees, and any other person having a vested or contingent interest in the property, and BE IT FURTHER, RESOLVED, that a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on January 20th, 1997, at 7:00 p.ll., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the contents, service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DETERMINING THAT PROPERTY OWNED BY MRS. FRED (MINA) GRANGER IS UNSAFE - TAX MAP NO. 9-1-38 SUPERVISOR CHAMPAGNE-What do you have next Dave? MR. HA TIN, DIRECTOR OF BUILDING & CODES-The next one was a petition I received from some neighbors of the residence in Assembly Point requesting that the Town Board take some action, I believe you have a copy of the petition attached to the resolution, I also have pictures. This is a house where the woman has moved to North Creek with her daughters and was abandoned about three years ago and is starting to show signs of disrepair as well as what the neighbors consider a nuisance in the neighborhood. We did find the house unlocked so I do have pictures of the inside on this one. COUNCILMAN TURNER-They claim it has been abandoned for five years. MR. HATIN, DIRECTOR OF BUILDING & CODES-I think it's closer to three, but nobody is really sure. (Presented pictures to board) COUNCILMAN GOEDERT-Is it unsafe? MR. HA TIN, DIRECTOR OF BUILDING & CODES-Right now if I show you the inside you can see the person who left there basically had everything for the last twenty years. It's a fire hazard no doubt about that and the second floor is showing signs of some collapse because the roof leaks. Right now the house is somewhat sound, but over the years it is not going to get any better. I did call the daughter and she never returned my call to find out how they wished to proceed on this. SUPERVISOR CHAMPAGNE-This will give you a little more leverage at least to deal with them? MR. HATIN, DIRECTOR OF BUILDING & CODES-That's what I mean.... COUNCILMAN GOEDERT-I see alot of junk around, I don't see where it... MR. HA TIN, DIRECTOR OF BUILDING & CODES-Like I said, other than the second floor the roof is leaking eventually the structure will start to deteriorate. Right now the house is open somebody could go in there. Neighbors are concerned about somebody setting it on fire. Do you want to board it up and let it sit there for a while SUPERVISOR CHAMPAGNE-Let me tell you something. As long as I get a foundation and a straight roof line I'll fix anything. MR. HATIN, DIRECTOR OF BUILDING & CODES-This house could be renovated. Maybe we can get them to at least board it up. SUPERVISOR CHAMPAGNE-You do have the address of these folks? MR. HATIN, DIRECTOR OF BUILDING & CODES-I talked to one of the daughters, but I haven't talked to the daughter that is in charge of the estate. COUNCILMAN MONAHAN-Mark if we feel this one is only going to need boarding up is this resolution still written correctly or do we need to make some changes? TOWN COUNSEL, MR. SCHACHNER-It says repair or demolition and removal. As long as repair is in there I think you are okay. COUNCILMAN MONAHAN-We think it could be boarded up. If they don't repair it, it could be boarded up. TOWN COUNSEL, MR. SCHACHNER-If you want to add the phrase, or made secure you could add that phrase or you could do that at the hearing. COUNCILMAN MONAHAN-In other words it wouldn't have to be.... TOWN COUNSEL, MR. SCHACHNER-It doesn't matter if it's in here. COUNCILMAN MONAHAN-I'll move to set the public hearing 1/20/97. COUNCILMAN TURNER-Second. RESOLUTION DETERMINING THAT PROPERTY OWNED BY MRS. FRED (MINA) GRANGER IS UNSAFE - TAX MAP NO. 9-1-38 RESOLUTION NO. 492, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, David Hatin, Director of Building & Codes Enforcement of the Town of Queensbury, has advised that he has received complaints from neighbors concerning certain property located on Crossover Road on Assembly Point, Town of Queensbury, and bearing tax map no. 9-1-38, as more specifically set forth in a letter/petition dated December 2, 1996 from property owners on Assembly Point, a copy of which is presented to this meeting, and WHEREAS, David Hatin has investigated and inspected said property and has advised the Town Board of the Town of Queensbury that, in his opinion, the structure on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property repaired or demolished if the property owner fails to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Town Board may by Resolution determine whether in its opinion the structure is unsafe and dangerous and thereafter order its repair or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structure thereon, bearing tax map number 9-1-38, appear to be: 1. removed; 2. 3. and Presently unsafe and dangerous and should be repaired or demolished and Potentially an object of attraction and danger to minors and animals; and Unfit for the purposes for which it may be lawfully used; BE IT FURTHER, RESOLVED, that pursuantto Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, the Director of Building & Codes be and hereby is authorized to serve a Notice setting forth the Town Board's determinations upon the owner(s) of said property or upon the owner's executors, legal representatives, agents, lessees, and any other person having a vested or contingent interest in the property, and BE IT FURTHER, RESOLVED, that a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on January 20th, 1997, at 7:00 p.ll., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the contents, service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTIONS RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE MOUNTAINSIDE FREE LIBRARY RESOLUTION NO. 493, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Mountainside Free Library, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from account 001-7410-4400 (Library). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 494,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that social and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Queensbury Senior Citizens, Inc., to provide said recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town of Queensbury and the Queensbury Senior Citizens, Inc., for the 1997 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Town Counsel, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said agreement be approved in its present form and that the programs and activities described therein be provided to senior citizens of the Town of Queensbury, and WHEREAS, this agreement is permitted and authorized by ~95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Queensbury Senior Citizens, Inc., said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment due on said agreement be paid from account 001-7620-4400 (Senior Citizens). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING CONTRACT WITH THE INTERNATIONAL ARTS AND CULTURE ASSOCIATION RESOLUTION NO. 495, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is desirous of entering into a contract with the International Arts and Culture Association, and WHEREAS, a Contract has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Contract set forth above, and BE IT FURTHER RESOLVED, that payment due on said Contract be paid from account 001-8989-4400 (Community Services). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT WITH THE LAKE GEORGE OPERA FESTIVAL RESOLUTION NO. 496, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Lake George Opera Festival presents, in the Town of Queensbury, numerous performances and events, and WHEREAS, the Lake George Opera Festival promotes the cultural development of the community, and WHEREAS, the Lake George Opera Festival has requested funds for the promotion of its performances and events, and WHEREAS, the Town Board of the Town of Queensbury desires to enter into an agreement with the Lake George Opera Festival for the promotion of performances and events to the residents of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said Contract, in the sum of TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.00), for the year 1997, to be paid from account 001-6410-4400 (Publicity). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION ACCEPTING RIGHTS-OF-WAY!EASEMENTS AND AUTHORIZING FILING IN CONNECTION WITH SOUTH QUEENSBURY DRAINAGE RESOLUTION NO.: 497,96 INTRODUCED BY: MR. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 67, 95, authorized drainage work in the general vicinity of Park Avenue, Rainville Avenue, and the Boulevard in South Queensbury, and WHEREAS, Rights-of-Way!Easements have been executed and delivered to the Town by Edward and Ella Harppinger, Robert Edwards, Collette Construction, Inc., Donald Dufour, Terry and Jo-Ann Monroe, Rodney and Eleanor Sawyer, and James Grigsby, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the Rights-of- Way !Easements referenced above, authorizes the filing and recording of such Rights-of- Ways!Easements at the Warren County Clerk's Office, and the payment of any fees and completion and execution by the Town Supervisor of any other documents that may be necessary for recording. Duly adopted this 16th day of December, 1996 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RETENTION OF APPLIED GIS, INC. FOR COMPUTER SERVICES - EVALUATION OF GIS PARCEL COVERAGE RESOLUTION NO. 498, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to assess the impact of changing the parcel coverage on the current geographical information systems (GIS) computer software presently used by the Town of Queensbury's Department of Community Development, and WHEREAS, Applied GIS, Inc., has offered to assess the impact of changing parcel coverage on the Town's GIS computer system for an amount not to exceed $2,040, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of Applied GIS, Inc. for evaluation of GIS parcel coverage services, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Town Supervisor to execute the customer authorization form for said services on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of the services, $2,040, shall be paid for from Computer Software Account No. 01-8020-2032. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ACCEPT BID FOR 1997 OFFICE SUPPLIES RESOLUTION NO. 499, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for specified office supplies, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Staples, Inc., submitted the lowest bid for the aforementioned office supplies in the total amount of$ 9,718.74, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids for the aforementioned office supplies to Staples, Inc., and BE IT FURTHER, RESOLVED, that said supplies are to be paid for from the General Office Supplies Account. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING 1996 BUDGET RESOLUTION NO.: 500,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Mortgage Tax Revenues exceeds estimates by $274,000, and the Town Board desires to increase estimated revenues in the Mortgage Tax Account by $150,000, and WHEREAS, the Contingency Account has been depleted during the course of the fiscal year, and increases in this account are needed for end of year shortfalls, and WHEREAS, the Town Board desires to use the increase in the Mortgage Tax estimated revenues to fund an increase of $150,000. in General Fund Contingency, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1996 Budget be amended as follows: 1) by $150,000; Increase appropriations in the General Fund Contingency Account No.: 001-1990-4400 2) by $150,000; Increase estimated revenues in the Mortgage Tax Revenue Account No.: 001-0001-3005 3) Increase appropriations and estimated revenues in the General Fund by $150,000. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: MR. BURNS, COMPTROLLER-Noted an error in the attachments regarding the resolution. Page 3, the last colunm; increase leaves mortgage tax over estimated revenues by $74,000 should read $124,000. Noted for the year we are $274,000 better than our budget on the mortgage tax. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR RADIAL STACKING CONVEYOR FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 501,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the purchase of a new radial stacking conveyor for the Town Highway Department, which is more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said new radial stacking conveyor be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than January 10th, 1997, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.ll. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.ll., January 10th, 1997, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR ROAD WIDENER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 502, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the purchase of a new road widener or a used road widener as a alternate, for the Town Highway Department, which is more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said new road widener be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than January 10th, 1997, at 2:00 p.ll., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.ll., January 10th, 1997, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Noted in the specifications it reads for new or used noting his understanding when we appropriated the funds it was for a new machine. COUNCILMAN GOEDERT-Recommended she would remove the word used from the specs. Noted when the contract was negotiated there was a question in reference to surplus funds when it comes to equipment. When we looked at it as a board we were looking at it as a price of a new piece. COUNCILMAN TURNER-Noted if you can get a demo maybe it is worth looking at if you can get the right commitment on the warranty. COUNCILMAN MONAHAN-Noted the commitment we made on how these came in price we were doing that commitment on new machines. If it comes under and he used a used one I would say that commitment no longer holds. COUNCILMAN GOEDERT-Noted that's fine as long as we understand the commitment we received. SUPERVISOR CHAMPAGNE-Questioned if the board wanted to let the specifications read new or used? COUNCILMAN TURNER-Yes. COUNCILMAN GOEDERT-Noted it comes back to the board before a decision is made. RESOLUTION AUTHORIZING WELL BABY CLINIC FOR 1997 RESOLUTION NO.: 503,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Adirondack Pediatrics Group presently services the Well Baby Clinic every third Friday of each month at the Queensbury Activities Center, and WHEREAS, the Town of Queensbury desires to authorize the Well Baby Clinic services for another year at the present cost of $100 per two (2) hour clinic, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Adirondack Pediatrics to service the Well Baby Clinic at the Queensbury Activities Center for the year 1997 at a cost of $100 per two (2) hour clinic. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Questioned if a report is given on how many babies are brought to the clinic? COUNCILMAN GOEDERT-Noted received one from the County. COUNCILMAN MONAHAN-Recommended receiving a report monthly. COUNCILMAN GOEDERT -Recommended requesting a report quarterly. COUNCILMAN MONAHAN-Agreed. RESOLUTION AMENDING 1996 BUDGET RESOLUTION NO.: 504,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by Resolution No. 472 of 1996, the Town Board of the Town of Queensbury authorized the purchase of additional capacity from the City of Glens Falls Sewer Treatment Facility for the Central Queensbury Quaker Road Sewer District Extensions 1 and 2, and WHEREAS, the funds for such buy-ins have been reserved in escrow and deferred revenues in the Quaker Road Sewer District Fund, and WHEREAS, the Town Board of the Town of Queensbury desires to increase estimated revenues in Sewer Charges, Account #032-0032-2122, to reflect the transfer of escrow and deferred revenue funds to the Sewer Charges Revenue Account, and such increase in estimated revenues shall be used to fund an increase in Sewer Charges - Glens Falls Expenditure Account #032-8130-4425, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1996 Budget be amended as follows: 1) Increase appropriations in the Quaker Road Sewer Charges - Glens Falls Account No.: 032-8130-4425 by $15,640; 2) Increase estimated revenues in the Sewer Charges Revenue Account No.: 032-0032- 2122 by $15,640; 3) $15,640. and Increase appropriations and estimated revenues in the Quaker Road Sewer Fund by BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: MR. BURNS, TOWN COMPTROLLER-Noted a change in the resolution in the account number 4445 that it should read 4425. RESOLUTION APPROVING DATA GENERAL AGREEMENTS RESOLUTION NO. 505, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Data General Corporation and the Town of Queensbury previously entered into service agreements for: 1. Finance System Operating Software consisting of the following: MODEL DESCRIPTION L015ASN40A QOOIASX40A ICOBOL RUNTIME SSS ONLY DG/UX OPERATING SYSTEM SS and 2. Finance System Operating Hardware consisting of the following: MODEL DESCRIPTION 4595-AE 7419S G6762-F G6802-F G70467 300 LPM BAND PRINTER WITH VME DISTRIBUTED CLUSTER/l 2GB 4MM SE SCSI TAPE ADDO 1GB SE SCSI DISK ADD-IN T A V4300, 25MHZ, 32MB, 520MB D and WHEREAS, the current agreements expire January 24, 1997 and February 28, 1997, respectively, and the Town is desirous of continuing the aforesaid agreements for a period of one year, and WHEREAS, proposed Service Agreement Renewals have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreements with Data General referred to herein and authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of this Agreement shall be paid for from the appropriate General Fund Account. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ENGAGE LEGAL COUNSEL RESOLUTION NO. 506, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury needs legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and WHEREAS, the Town has previously selected the law firm of Miller, Mannix & Pratt, P. C. (Mark Schachner, Principal Counsel) as its counsel, and WHEREAS, Miller, Mannix & Pratt has rendered legal services to and on behalf of the Town of Queensbury as interim counsel for the last eleven (11) months, and WHEREAS, the Town Board of the Town of Queensbury has been satisfied with the services of Miller, Mannix & Pratt, P.c. as its counsel, and WHEREAS, the Town Board of the Town of Queensbury wishes to engage legal counsel on a contractual basis for the 1997 fiscal year from January 1, 1997 to December 31, 1997, and WHEREAS, a proposed Agreement for Legal Services has been provided to the Town Board prior to and at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Miller, Mannix & Pratt, P. C. as legal counsel for and on behalf of the Town for the year 1997, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the Agreement for Legal Services with Miller, Mannix & Pratt, P. C. on behalf of the Town for the year 1997. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE LITERACY VOLUNTEERS RESOLUTION NO.: 507,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that certain remedial reading services be provided for adults with reading difficulties residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Literacy Volunteers, to provide said services, and WHEREAS, a proposed agreement between the Town of Queensbury and the Literacy Volunteers, for the 1997 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Agreement with Literacy Volunteers is hereby approved, and the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Literacy Volunteers, said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from account 001-8989-4400 (Community Services). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 508,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that social and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Glens Falls Senior Citizens, Inc., to provide said recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town of Queensbury and the Glens Falls Senior Citizens, Inc., for the 1997 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Town Counsel, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said agreement be approved in its present form and that the programs and activities described therein be provided to senior citizens of the Town of Queensbury, and WHEREAS, this agreement is permitted and authorized by ~95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Glens Falls Senior Citizens, Inc., said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, 2 RESOLVED, that payment due on said contract be paid from account 001-7620-4413 (Senior Citizens). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE VOLUNTARY ACTION CENTER RESOLUTION NO. 509, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Voluntary Action Center, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from account 001-8989-4400 (Community Services). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE AMERICAN LEGION RESOLUTION NO. 510,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is desirous of entering into a contract with the American Legion, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from account 001-651 0-4400 (Veterans Services). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT WITH BIG BROTHER/BIG SISTERS RESOLUTION NO. 511,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is desirous of entering into an agreement with the Big Brothers/Big Sisters, and WHEREAS, the aforesaid agreement has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the agreement set forth above, and BE IT FURTHER, RESOLVED, that payment due on said agreement be paid from account 001-8989-4400 (Community Services). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GLENS FALLS YOUTH CENTER RESOLUTION NO.: 512,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that certain services and other benefits, such as career counseling, dinners and other like services be provided for economically disadvantaged youths residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Glens Falls Youth Center, to provide said services and other benefits, such as career counseling, dinners and other like services, and WHEREAS, a proposed agreement between the Town of Queensbury and the Glens Falls Youth Center, for the 1997 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Town Counsel, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said agreement be approved in its present form and that the services and activities described therein be provided to economically disadvantaged youths in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Glens Falls Youth Center, said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from account 001-8989-4400 (Community Services). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH CHAPMAN MUSEUM RESOLUTION NO.: 513,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury is desirous of entering into a agreement with the Chapman Museum, and WHEREAS, the aforesaid agreement has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from account 001-7520-4400 (Historical Property). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE HYDE COLLECTION RESOLUTION NO. 514,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Hyde Collection, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER RESOLVED, that payment due on said contract be paid from account 001-7450-4400 (Museum). Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Chapman NOES: None ABSENT:None RESOLUTION RETAINING SERVICES OF URBACH KAHN & WERLIN P.C. CERTIFIED PUBLIC ACCOUNTANTS FOR AUDITING SERVICES RESOLUTION NO.: 515,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has determined that there is a need to provide auditing services to the Town of Queensbury for the year ending December 31, 1997, and WHEREAS, Urbach Kalm & Werlin, P.c., has offered to render said professional advisory services to the Town of Queensbury at a cost not to exceed $ 16,800 for the year ending December 31, 1997, as more specifically set forth in their letter and proposal dated December 6, 1996 to the Town Board of the Town of Queensbury, a copy of which has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to retain the services of Urbach Kalm & Werlin, P.C., to provide auditing services to the Town of Queensbury for the year ending December 31, 1997, and BE IT FURTHER, RESOLVED, that the fee for services rendered by Urbach Kalm & Werlin, P.C., is approved in the amount of $ 16,800 for the year ending December 31, 1997, with the payment to be charged to Account No.: 001-1320-4401, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to sign any and all necessary agreements, and for the Town Comptroller of the Town of Queensbury to sign and process for payment, any and all bills for services rendered in accordance with this resolution upon receipt of properly completed vouchers. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SETTLEMENT BETWEEN EVERGREEN BANK, N.A. AND THE TOWN OF QUEENSBURY CONCERNING THE HILAND PARK PUD AND SEWER DISTRICT RESOLUTION NO.: 516,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury and Hiland Park Limited Partnership previously reached agreements dated July 1, 1987 and September 23, 1991 whereby the Town agreed to obtain additional wastewater capacity from the Glens Falls Sewage Treatment Plant and to increase the size of the Meadowbrook Pump Station in order to provide Hiland Park with a maximum sewer capacity of 280,000 gallons per day and Hiland Park agreed to pay certain sums of money to the Town, and WHEREAS, the Town of Queensbury made certain improvements to the Central Queensbury Quaker Road Sewer District to benefit the Hiland Park Sewer District, upgraded and improved the Meadowbrook Pumping Station, and incurred costs associated with the upgrade of the sewer line between Meadowbrook and Cronin Roads, and WHEREAS, on August 12, 1992, the Hiland Park Limited Partnership declared bankruptcy pursuant to Chapter 11 of the United States Bankruptcy Code, and WHEREAS, by virtue of the mortgage foreclosure proceeding, Evergreen Bank, N.A. became owner of the property known and described as Hiland Park, and WHEREAS, the Town of Queensbury, on the basis of the agreements dated July 1, 1987 and September 23, 1991 contends that it is owed certain sums for obtaining additional wastewater capacity (280,000 gallons) from the Glens Falls Sewage Treatment Plant, increasing the capacity of the Meadowbrook Pumping Station, and making improvements in the Central Queensbury Quaker Road Sewer District to accommodate the Hiland Park Sewer District, and WHEREAS, Evergreen Bank, N.A., contends that it was not obligated to the Town for Hiland's debts, and WHEREAS, Evergreen Bank, N.A., has now sold the Hiland property to Family Golf Centers, Inc., and WHEREAS, the Town of Queensbury and Evergreen Bank, N.A., have negotiated in an attempt to resolve all of the aforedescribed claims and pending issues concerning the Hiland Park Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, determines that it is in the best interest of the Town of Queensbury to resolve all of the aforedescribed claims and pending issues concerning the Hiland Park Sewer District as they relate to Evergreen Bank and hereby authorizes settlement of the matter as follows: 1. Evergreen Bank shall pay the sum of $75,000 to the Town for infrastructure construction already completed and in full settlement of any outstanding claims the Town may have against Evergreen Bank, N.A. concerning its ownership of such property. 2. The Town will give Evergreen Bank a release of any and all claims it may have against Evergreen Bank relating to the Hiland Park Sewer District and infrastructure construction and sewer capacity thereof. 3. Such settlement and release shall relate only to the rights between the Town and Evergreen Bank and shall in no way be deemed applicable to or binding on Family Golf Centers, Inc. or the Town as to any of its rights against Family Golf Centers, Inc. or any other party. and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute and place the Town seal on any agreements, affidavits, releases, stipulations, or other documents and papers that may be necessary to effectuate the agreement between the Town and Evergreen Bank, N.A., said documents to be in form approved by Town Counsel. Duly adopted this 16th day of December, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RELEASE OF VEHICLE FUND MONEY TO CERTAIN FIRE COMPANIES AND EMERGENCY SQUADS RESOLUTION NO.: 517, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has retained vehicle fund moneys on behalf of certain Town of Queensbury Fire Companies and Emergency Squads for the years 1995 and 1996, and WHEREAS, the Town Board of the Town of Queensbury desires to return the moneys, with interest, to the respective Town Fire Companies and Emergency Squads, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of the 1995 and 1996 vehicle fund moneys in the approximate sum of $350,000, plus interest, to the Town of Queensbury Fire Companies and Emergency Squads, said refund amounts to be calculated by the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby directs that the Fire Companies and Emergency Squads continue to maintain said moneys in a separate account to be used only for vehicle fund purposes pursuant to the terms of the 1997, 1998, and 1999 Fire Company Agreements with the Town and the 1997 and 1998 Emergency Squad Agreements with the Town. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: Mrs. Pulver ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Noted a change to the resolution to the last sentence on Page 1. Recommended putting the year of the agreements in the resolution. To be specific to identify that these are the agreements at which time the Town has returned the money. COUNCILMAN MONAHAN-Noted that would be for the Fire Companies and the Emergency Squad Agreements would be 1997 and 1998. TOWN COUNSEL, MR. SCHACHNER-Noted the bottom line should read. Vehicle fund purposes pursuant to the terms of the 1997, 1998, and 1999 Fire Company Agreements with the Town and the 1997, 1998, Emergency Squad Agreements with the Town. RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 518,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain departments have requested transfers of funds for the 1996 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 1996 budget: BOARD OF HEALTH: FROM: TO: $ AMOUNT: 01-8540-4400 (Drainage) 01-4010-1280 (Board of Health) $500. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3620-2001 (Misc. Equip.) 01-3620-4120 (Printing) 200. 01-8010-4110 01-3410-2001 500. (Vehicle Repair) (Misc. Equip.) 01-3620-1070 01-3410-2001 500. (Clerk, Part-Time) (Misc. Equip.) 01-3410-4070 01-3410-2001 100. (Equip. Repair) (Misc. Equip.) 01-3989-4400 01-3410-2001 500. (Misc. Contractual - (Misc. Equip.) Public Safety) COMMUNITY DEVELOPMENT (Cont.): FROM: TO: $ AMOUNT: 01-8020-4110 01-3410-2001 200. (Vehicle Repair) (Misc. Equip.) 01-3620-4410 01-3620-4400 25. (Gasoline) (Misc. Contractual) 01-8020-4110 01-3620-4110 200. (Vehicle Repair) (Vehicle Repair) COMPTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 01-1420-4130 18,000. (Contingency) (Town Counsel) 01-1990-4400 01-5630-4400 850. (Contingency) (Bus Operations - Cont.) 01-1990-4400 01-9060-8060 30,000. (Contingency) (Health Insurance) DATA PROCESSING: FROM: TO: $ AMOUNT: 01-1680-2032-1680 01-1680-4400-1680 2,000. (Computer Software) (Misc. Contractual) HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-4200 04-5142-4641 6,000. (Insurance) (Snow Salt) 04-9010-8010 04-5142-4641 4,000. (Retirement) (Snow Salt) SUPERVISOR: FROM: TO: $ AMOUNT: 01-8540-4400 01-5410-4400 15,000. (Drainage Contr.) (Sidewalks - Contr.) 01-8540-4400 01-3310-4170 18,500. (Drainage - Cont.) (Traffic Light Repairs) WATER: FROM: TO: $ AMOUNT: 40-8310-4070 40-8310-48-20 500. (Equip. Repair) (Uniforms) 40-8320-4400 40-8320-4500 5,000. (Misc. Contr.) (Fuel OillNatural Gas) 40-8310-4200 40-9060-8060 18,419. (Insurance) (Benefits- Hosp.) 46-8340-4400 46-8320-4400 1,127. (Misc. Contr. - WGF (Misc. Contr. - WGF Transmission & Water Purchase/Supply) Distribution) 40-8310-4003 40-8310-4050 150. (Fiscal Agent Fee) (Books, Publications & Subscriptions) 40-8320-1400 40-8320-1530 1,500. (Laborer A) (Bldg. Maint.) 40-8320-1780 40-8320-4300 3,000. (Water Plant Tech.) (Utilities) 40-8310-4080 40-8310-4400 360. (Advertisements) (Water Administration, Misc. Contractual) 40-8340-4291 40-8330-4260 3,400. (Meters) (Chlorine) and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 16th of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Noted under Building and Grounds, Chuck Rice was suppose to talk to the board. Supervisor Champagne noted noting has been done yet to delete item from the agenda. MR. BURNS, COMPTROLLER-Recommended deleting the items on Page 3, under Highway for $3,500 will present them at the next meeting. Page 4, the item for $360 it should read under 40-8310-440 Water Administration Miscellaneous Contractual. COUNCILMAN GOEDERT -Questioned on Page 3, under Highway the transfers from insurance and retirement to snow and salt? MR. BURNS, COMPTROLLER-Noted the Highway Superintendent requested $10,000 in emergency snow salt. Went through his budget for the year and found money in the insurance and retirement area. They had paid all those monies for the year and this is the residual that is left over. COUNCILMAN GOEDERT-Questioned if the system has been improved so we won't be running $10,000 over in insurance and retirement? COUNCILMAN MONAHAN-Noted the retirement is because the State has been changing the numbers for the last several years balancing their budget. We don't have our insurance figures and will not have them until the end of this month so the insurance figures may have to go up or down in those line items during the year. COUNCILMAN GOEDERT-Questioned the Comptroller request to pay for repairs to bus hut on Luzerne Road for being vandalized, asked why this doesn't come out of insurance? MR. BURNS, COMPTROLLER-It does not meet the deductible. Wrote a letter to Judge Austin, requesting that restitution be made. COUNCILMAN GOEDERT -Questioned why there is a $30,000 shortage in health insurance? MR. BURNS, COMPTROLLER-Noted this is something similar to retirement and general insurance when the budget is put together we get our best estimate. COUNCILMAN MONAHAN-Questioned the vehicle repair transfer from Community Development. EXECUTIVE DIRECTOR, MR. MARTIN-Noted one is for the Planning Department which is the Caravan and the other is the Inspectors truck which is a repair to a truck. COUNCILMAN MONAHAN-Questioned the transfer for the uniforms. EXECUTIVE DIRECTOR, MR. MARTIN-Noted it is the uniform for the Fire Marshal. COUNCILMAN MONAHAN-Noted there are certain specific items that are covered that are called uniforms. Questioned if winter boots and shoes are part of the uniform, noting there is a specific list in a resolution of the items covered. SUPERVISOR CHAMPAGNE-Noted the board should look into this further. COUNCILMAN GOEDERT -Questioned the Recreation Department $2,000 purchase of a snow blower. COUNCILMAN MONAHAN-Noted the snow blower is used for ice rinks. Questioned why they couldn't use the Building Departments after they are done doing what they have to do. Questioned why aren't they sharing those pieces of equipment. SUPERVISOR CHAMPAGNE-Recommended having a Task Force to sit down with Department Heads and agree on how the future of the Town is going to operate by equipment sharing. COUNCILMAN PULVER-Noted this was already done. COUNCILMAN TURNER-Noted they might not know all the circumstances. SUPERVISOR CHAMPAGNE-Noted to pull the transfer to look into this. COUNCILMAN GOEDERT-Questioned the transfer from drainage to sidewalks. SUPERVISOR CHAMPAGNE-Noted there was cleaning of sidewalks over on Main Street last winter held those invoices until the end of the year which is done every year, noted part of this is for that. MR. BURNS, COMPTROLLER-Sidewalks at Garrison were twenty something thousand we were out of money in that account. We had these bills from the early part of the year from the Highway Department that's why the money was transferred. RESOLUTION AUTHORIZING PURCHASE OF TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 519,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, a contract in an amount greater than the amount of $5,000, up to New York State bidding limits, must be approved by the Town Board before said contract is entered into, and WHEREAS, the Town of Queensbury Water Superintendent has proposed to purchase a truck for his department's use in the amount of $20,961, and WHEREAS, NYS Bidding is not required, since the vehicle to be purchased is under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one 4x4 Pick-Up Truck, 3/4 Ton from Basil Ford, Inc., in the amount of $20,961. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR NEW 1997 HEAVY DUTY TANDEM DUMP TRUCK WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS RESOLUTION NO. 520, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the purchase of a new 1997 heavy duty tandem dump truck with plow, wing and all necessary hydraulics and attachments for the Town Highway Department, which is more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said new 1997 heavy duty tandem dump truck with plow, wing and all necessary hydraulics and attachments be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than January 10, 1997, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.ll., January 10th, 1997, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET SALARIES FOR 1997 RESOLUTION NO.: 521,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to set salaries for its non-union employees for the 1997 calendar year, NOW, THEREFORE, BE IT RESOLVED, that the following salaries are set for 1997: Account Clerk - Accounting $22,661 Building & Code Enforcement Officer # 1 26,430 Building & Code Enforcement Officer #2 24,440 Cemetery Superintendent 34,870 Chief Water Treatment Plant Operator 41,561 Code Compliance Officer 34,280 Confidential Secretary - Supervisor 27,319 Legal Secretary - Full Time 27,985 Legal Secretary - Part Time 18,035 Confidential Secretary, Highway 23,243 Court Clerk 28,047 Deputy Court Clerk - # 1 26,252 Deputy Court Clerk - #2 20,216 Deputy Director of Wastewater 38,836 Deputy Receiver of Taxes 22,809 Deputy Highway Superintendent 42,905 Deputy Town Clerk #1 28,957 Deputy Town Clerk #2 23,615 Deputy Water Superintendent 52,867 Director of Building & Code Enforcement 39,447 Director of Parks & Recreation 39,885 Executive Director of Community Development 46,120 Facilities Manager 36,050 Fire Marshal 30,456 Health Officer 3,000 Historian 3,000 Maintenance Supervisor, Water Treatment Plant- 35,857 Planning Assistant # 1 27,720 Planning Assistant #2 25,000 Principal Account Clerk - Accounting 32,193 Purchasing Agent 3,090 Real Property Data Collector 21,343 Real Property Tax Service Assistant 23,581 Recreation Program Specialist 24,560 Records Clerk 23,298 Senior Coordinator 23,455 Solid Waste Facilities Operator 38,320 Senior Account Clerk - Accounting 24,547 Tax Receiver 5,150 Town Assessor 49,680 Water Superintendent/Director of Wastewater 55,697 and BE IT FURTHER, RESOLVED, that the following hourly wage rates be set for 1997: Assistant to the Assessor Real Property Tax Service Assistant Senior Account Clerk - (Town Clerk's Office) Clerk (Town Clerk's Office) Clerk (Town Assessor's Office) $ 9.33 11.35 9.64 13.50 10.22 and BE IT FURTHER, RESOLVED, that the daily rates for Crossing Guards and Court Attendant for the Town of Queensbury be established as follows: School Crossing Guard: $22 per day for normal school hours, plus $ 8 per hour for hours worked over two hours per day Court Attendant: $ 9.85 per hour $16.97 per hour paper serving and BE IT FURTHER, RESOLVED, that the fees for members of the Planning Board and Zoning Board of Appeals be set for the year 1997 as follows, per meeting: Chair: Member: $45 per meeting 35 per meeting and BE IT FURTHER, RESOLVED, that the salaries for the Chair, Secretaries, and Members shall come from the Town's General Budget and from the accounts designated therein for such purposes. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. NOES: None Champagne ABSENT: None ABSTAIN:Mr. Turner (Building and Code Enforcement Officer #1 and Deputy Town Clerk #2) RESOLUTION APPROVING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND KVS INFORMATION SYSTEMS, INC. FOR SOFTWARE SUBSCRIPTION SERVICE RESOLUTION NO. 522, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, KVS Information Systems, Inc. and the Town of Queensbury previously entered into an agreement for software subscription services, and WHEREAS, the current agreement expires on December 31, 1996 and the Town is desirous of continuing the agreement for a period of one year, and WHEREAS, a proposed agreement for software subscription services has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the software subscription services agreement with KVS Information Systems, Inc. and authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of this Agreement shall be paid for from the appropriate General Fund Account. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None TOWN BOARD MATTERS COUNCILMAN TURNER-Spoke to the board regarding a petition he received from the residents of Woodland requesting one street light at the entrance of their intersection on Bay Road, requested a resolution for next meeting. ATTORNEY MATTERS TOWN COUNSEL, MR. SCHACHNER-Noted he has one litigation matter for executive session. OPEN FORUM PLINEY TUCKER, DIVISION ROAD-Spoke to the board regarding the Resolution Advertising Bid for Road Widener. Noted that it is for new or used, questioned if this would limit the amount of bidders on brand new equipment? SUPERVISOR CHAMPAGNE-Noted the board will wait to see what comes in for bids. MR. TUCKER-Spoke to the board regarding an article in the Post Star about Aviation Road widening. Noted the State is taking a piece of land and that we will lose sidewalks. Questioned if any of the new sidewalks are included in this? COUNCILMAN GOEDERT -Believes that hasn't been determined yet. Noted they have an acquisition for land for part of the school to come out in a triangle, noting they want to own the triangle doesn't say anything about sidewalks. EXECUTIVE DIRECTOR, MR. MARTIN-Noted the indication is so far that nothing will be torn up. MR. TUCKER-Spoke to the board regarding an article in the newspaper concerning the West Glens Falls Water District a statement credited to the Water Superintendent about notifying previous board about the problems there. Noted that the boards were notified, but that district was owned by the people that own the district and they weren't paying any water tax noting they didn't want any part of the water district. MR. JOHN SALVADOR-Spoke to the board regarding the contract for the Mountainside Free Library. Questioned what the town is getting and for how much? MR. BURNS, COMPTROLLER-Eleven hundred dollars. SUPERVISOR CHAMPAGNE-Noted they get free access to a public library. MR. SALVADOR-Questioned if it is part of the Southern Adirondack Library System? COUNCILMAN MONAHAN-No. MR. SALVADOR-Asked what a Road Widener is asked if it could be used on Dunham Bay Road? TOWN BOARD-Noted it is a shoulder machine it will spread anything. MR. SALVADOR-Questioned what is does for the shoulder? SUPERVISOR CHAMPAGNE-It would put down a level shoulder even with the road. MR. SALVADOR-Spoke to the board regarding the monies authorized to be paid to the museums questioned if an entrance fee is charged? Asked if there is a provision of law that says the facilities are suppose to be open to the public? TOWN COUNSEL, MR. SCHACHNER-They have to be open to the public and they are. MR. SALVADOR-Open to the public means without charge? TOWN COUNSEL, MR. SCHACHNER-No. MR. SALVADOR-Questioned the amount of the Heavy Duty Tandem Dump Truck? SUPERVISOR CHAMPAGNE-$105,000. MR. SALVADOR-Spoke to the board regarding the request for a street light at Woodland, questioned the rules for the petition. COUNCILMAN TURNER-Noted they feel that they need them because of the situation that exist there. MR. SALVADOR-Questioned if a petition is necessary to initiate the light? COUNCILMAN TURNER-No, suggested that they draw one up. MR. SALVADOR-Questioned the procedure to initiate a request? COUNCILMAN TURNER-Asked Mr. Salvador to contact hill. MR. SALVADOR-Spoke to the board regarding a letter received from the Supervisor Secretary regarding a section of the Real Property Tax Law. SUPERVISOR CHAMPAGNE-To research this further. MR. SALVADOR-Spoke to the board regarding the results of the meeting concerning the scoping session in North Queensbury Thursday. Questioned if Supervisor Champagne has spoke to the board regarding this? SUPERVISOR CHAMPAGNE-Hasn't had a meeting yet with the full board, noting that this is a County issue and he should contact the people at the County or put his concerns in writing. COUNCILMAN MONAHAN-Recommend Mr. Salvador write a letter to Bill Lamy regarding his concerns. MR. SALVADOR-Spoke to the board regarding the contract for counsel questioned if this was a fixed price contract? TOWN COUNSEL, MR. SCHACHNER-Noted it is a not to exceed that amount for general legal work other than litigation. MR. SALVADOR-Questioned if there is a billing process? SUPERVISOR CHAMPAGNE-Yes. MR. SALVADOR-Questioned if the town still pays for secretary's, office space, library, paper, machines? SUPERVISOR CHAMPAGNE-Yes. MR. GEORGE DRELLOS, QUEENSBURY-Spoke to the board regarding the Mountainside Free Library, questioned if this is a public library in Queensbury? TOWN BOARD-Yes. MR. DRELLOS-Noted he was told if there is a library in your town that they can't tax you for a library in another town. Questioned why the town can't have their own library? COUNCILMAN PULVER-Noted the cost would be twice as much you need to have land, books, etc. DOUG IRISH, QUEENSBURY-Spoke to the board regarding an approval for a mobile home on Mountain View Lane. Noted the signs are still there for both lots. COUNCILMAN GOEDERT -Noted she is awaiting approval for her mortgage. MR. IRISH -Questioned if the zoning reverts back if she doesn't buy the property? COUNCILMAN MONAHAN-Noted she received a revocable permit. MR. IRISH-If she doesn't buy it then somebody else would have to come back before they could do this again? TOWN BOARD-Yes. OPEN FORUM CLOSED RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 523, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter litigation. Duly adopted this 16th day of December, 1996, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 524, 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 adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury adjourns its Regular Meeting. Duly adopted this 16th day of December, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury