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1997-08-18 TOWN BOARD MEETING AUGUST 18,1997 7:00 p.m. MTG.#42 RES. 314-332 BOH 21-22 LL. 7 TOWN BOARD MEMBERS SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER EXECUTIVE DIRECTOR JOHN GORALSKI TOWN CONTROLLER HENRY HESS REPRESENTATIVES FROM THE DEPARTMENT OF TRANSPORTATION, NY STATE PLEDGE OF ALLEGIANCE LED BY THEODORE TURNER 1.0 PUBLIC HEARING 1.1 PUBLIC HEARING PROPOSED LOCAL LAW-RETIREMENT INCENTIVE PROGRAM NOTICE SHOWN Supervisor Champagne-Opened the meeting Asked Controller Hess to speak on this topic. Controller Henry Hess-The State authorized again this year much like it did last year an early retirement incentive for a group of individuals that are at least fifty years of age and with at least ten years of service. In the town there are twenty two potentially qualified people but it is incumbent upon the Town to offer to those where the Town could realize some savings from having people retire and changing positions. Any incentive offer would have to be accepted by the 1st of December and completed by the end of December. Supervisor Champagne-Ok. I think we may have one or two you have to have a fifty percent savings over Controller Hess-fifty percent savings over for each of the next two years. Supervisor Champagne-Anyone here to speak on behalf of that law or against that law? Obviously it will save the Town some money for those people who may choose to accept the incentive, and over the next five years payout we believe it will be a cost savings there, depending who again accepts it. Yes, Sir Mr. Naylor. Highway Supt. Paul Naylor-Is it under the same arrangement where if you get rid of a guy you do not replace him? Supervisor Champagne-All you really have to show, help me with this Henry, you only have to show that you are saving fifty percent of the cost. Controller Hess-No, you can replace the position as long as the cost savings is there. We did a free throw, we did a very through Highway Supt. Naylor-we pay and lock into... Controller Hess-It was a very detailed analysis, according to the State formula, they do not leave a lot of latitude, we did it according to the State formula and where it is going to be effected will save the town. Highway Supt. Naylor-Still does not count for elected officials. Controller Hess-No it does not. Couldn't even talk them into it. Supervisor Champagne-Anyone else care to speak for the incentive program or against it? Hearing none, how about the Board? I would say from our previous investigation and studies we have found that there are a couple three folks and again they are not the truck drivers, they are not the union employees that you have to replace at that same rate but there are certainly maybe some folks in the non-union group that may want to take advantage of this. So, anything more from the Board? I will close the Public Hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 7, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 34 THEREOF ENTITLED, "RETIREMENT INCENTIVE PROGRAM" AND REPLACING IT WITH A NEW CHAPTER 34 ENTITLED, "1997 RETIREMENT INCENTIVE PROGRAM" WHICH CHAPTER SHALL AUTHORIZE A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES OF THE TOWN OF QUEENSBURY RESOLUTION NO. 314.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by repealing existing Chapter 34 thereof entitled, "Retirement Incentive Program" and replacing it with a new Chapter 34 entitled, "1997 Retirement Incentive Program," which Chapter shall authorize a retirement incentive program for eligible employees of the Town of Queensbury, 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 August 18, 1997, a public hearing with regard to this Local Law was duly conducted, 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 by repealing existing Chapter 34 thereof entitled, "Retirement Incentive Program" and replacing it with a new Chapter 34 entitled, "1997 Retirement Incentive Program," to be known as Local Law Number 7, 1997, 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 18th day of August, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None LOCAL LAW 7 OF 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 34 THEREOF, ENTITLED, "RETIREMENT INCENTIVE PROGRAM" AND REPLACING IT WITH A NEW CHAPTER 34 ENTITLED, "1997 RETIREMENT INCENTIVE PROGRAM" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by repealing the existing Chapter 14 thereof, entitled "Retirement Incentive Program," and replacing it with a new Chapter 34 entitled "1997 Retirement Incentive Program," to read as follows: ~34-1. Title. This Chapter shall be titled, "1997 Retirement Incentive Program. " ~34-2. Statutory Authority. The authority for this Chapter is Section 10 of the Municipal Home Rule Law and Chapter 41, Laws of 1997 of the New York State and Local Retirement System. ~34-3. Legislative History and Purpose. The New York State and Local Retirement Systems, pursuant to Chapter 41 of the Laws of 1997, made available a Retirement Incentive Program to local governments, public authorities and community colleges. This legislation permits employers that participate in the New York State and Local Employees' Retirement System to provide special retirement incentive benefits to their regular retirement plan members who are at least age 50 with ten years of service credit, or at least age 70 with at least five years service credit (not including incentive credit). Eligible employees participating in a special twenty-five year plan providing for retirement without regard to age are eligible to participate in the incentive program if they have earned twenty-five (25) years of service credit (including incentive service) necessary to retire prior to their effective date of retirement. Certain employees covered under Section 89-a, Section 89-b and Section 89-d may also be eligible for the incentive program. ~34-4. Enactment. The Town Board of the Town of Queensbury hereby elects to provide the retirement incentive program authorized by Chapter 41, Laws of 1997 to those employees deemed eligible by the Town Board. ~34-5. Commencement Date. The commencement date of the retirement incentive program shall be December 1, 1997. ~34-6. Open Period. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be thirty-one (31) days in length commencing on December 1, 1997. ~34-7. Value and Payment of Additional Retirement Benefits. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one (1) lump sum or in five (5) annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System and it shall be paid by the Town of Queensbury for each employee who receives the retirement benefits payable under this Local Law. SECTION 2. Severability . In the event that any provision of this law should be deemed invalid or illegal by a court oflaw, the remaining portions of the law shall be read to the extent possible, as if said provision was stricken therefrom and not a part thereof. SECTION 3. Effective Date. This Local Law shall take effect upon proper filing initially with the New York State Secretary of State and subsequently with the New York State and Local Retirement System (in accordance with the terms and provisions of the Municipal Home Rule Law of the State of New York). PUBLIC HEARING 1.2 REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR FRANK PARILLO NOTICE SHOWN Supervisor Champagne-Opened the Hearing. Anyone here to speak for or against the locating a mobile home outside of a mobile home court on Mr. Parillo's property? Town Clerk Darleen Dougher-We have one letter. Supervisor Champagne-Yes, would you please read the letter? Ltr. August 8,1997 Town Board Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Frank Parillo To Whom It May Concern: According to the Legal Notice in the Post Star, Frank Parillo has applied for a Revocable Mobile Home Permit to replace a mobile home with an updated trailer unit at property situated at 472 Big Bay Road, Queensbury, NY. Upon information and belief Frank Parillo does not currently own, nor has never owned, the trailer currently located on his property. The trailer located on this located is the property of Jack and Linda Swinton, who recently moved to a home in Gansevoort. They have given the existing trailer to someone who is going to relocate it. Mr. Parillo does not own the mobile home unit which he is seeking to put on Big Bay Road. The new mobile home (a double wide) is owned by Craig and Lora Hamm. I believe they reside in Ballston Spa, NY. According to Lora Hamm, they are seeking to obtain a five year lease from Mr. Parillo. Also according to the pervious tenants, the Swintons, the matter of the septic system needs to be addressed. Trusting the Board will clarify and address these issues, I remain Respecfully, /s/ Lorraine Troy Supervisor Champagne-Ok. Any further discussion, comments from the audience? I saw Mr. Parillo earlier, Frank do you have anything more to add? Executive Director Goralski-Mr. Parillo spoke to me earlier, he said he requested the Board table this and not take any action to night so he can get you some more information. Supervisor Champagne-Is that satisfactory Frank is that what you prefer doing? Ok. Is there any other comments? None We will close the public hearing. We will table it. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 315.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby convenes a the Queensbury Board of Health. Duly adopted this 18th day of August 1997 by the following vote: AYES: Mr. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES; None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING APPLICATION FOR VARIANCE FORM SANIT ARY SEWAGE DISPOSAL ORDINANCE FOR MIKE DORAN AND PEGGY WARD NOTICE SHOWN Supervisor Champagne-Opened the meeting. Are there some people here to speak in favor of or against that sewer disposal ordinance variance. Quiet group here this evening. Councilman Pulver-We do have a letter from Dave Hatin though. Supervisor Champagne-Yes, we do, want to read that into the record for me. Executive Director Goralski- Ltr. Dear Town Board Members: Mr. Doran and Ms. Ward are requesting four variances to place holding tanks on their property located on Rockhurst Road. Due to an expansion of their dwelling, they are required by the Zoning Ordinance to install a compliant septic system. As the property constraints do not allow for a normal septic system to be placed on the property, Mr. Doran and Ms. Ward are asking to place holding tanks on the Rockhurst Road side of their property, in accordance with setback variances from the property line as well as the dwelling. There seems to be no other alternative location for this system other than where they are proposing the holding tanks, and therefore I see no reason why the Board cannot grant this variance. This variance has no effect on the neighboring properties, and no variances from any neighboring properties are required. Any questions further questions, please don't hesitate to contact me. Sincerely, /s/ David Hatin Director Building & Code Enforcement Supervisor Champagne-Now any other comments? Hearing none how about from the Board? Close the Public Hearing. RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR MIKE DORAN AND PEGGY WARD RESOLUTION NO.: 21.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mike Doran and Peggy Ward previously filed a request for four (4) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 10' separation between a septic/holding tank and a dwelling, a 10' separation between a septic/holding tank and property line, and a septic system rather than a holding tank system, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the four (4) variance requests on August 18, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variances to Mike Doran and Peggy Ward, allowing a 2' distance between the septic/holding tank and dwelling in lieu of the required 10' distance; a 2'4" and 1'4" distance between the septic/holding tank and property line rather than the required 10'; and the placement of a holding tank system rather than the required septic system on property situated on Rockhurst Road, Town of Queensbury, New York, and bearing Tax Map No.: 15-1- 49. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 22.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves into Regular Session. Duly adopted this 18th day of August, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: None REGULAR SESSION CORRESPONDENCE: NONE RESOLUTIONS RESOLUTION ACCEPTING DEDICATION OF PARCEL OWNED BY BERKSHIRE-GLENS FALLS, L.L. C. RESOLUTION NO.: 316.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Berkshire-Glens Falls, L.L.c. has proposed dedicating a 8,813 square foot parcel located in the vicinity of the intersection of Bay and Quaker Roads, adjacent to the existing Wing Cemetery, as shown on a "Map of a Survey Made for Berkshire-Glens Falls, L.L.c.," dated July 29, 1997 by VanDusen & Steves, Land Surveyors, Glens Falls, New York (the "Parcel"), to the Town of Queensbury, and WHEREAS, the parcel to be dedicated will become part of the Town of Queensbury property known as the Wing Cemetery, and WHEREAS, Town Counsel has reviewed the proposed Warranty Deed and related forms and have determined them to be in a legally acceptable form, and WHEREAS, the Town Board of the Town of Queensbury desires to authorize acceptance of the deed for the property dedication, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and accepts the dedication of the 8,813 square foot parcel from Berkshire-Glens Falls, L.L.C., where the Warranty Deed provides that Berkshire-Glens Falls, L.L.c. shall have the right to reinter remains found on their remaining property for a period of two years, and BE IT FURTHER, RESOLVED, that the parcel shall become part of the Town of Queensbury property known as the Wing Cemetery, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury approves the recording and filing of the Warranty Deed and further authorizes and directs the Town Supervisor to execute all documents necessary to complete the recording of the Deed on behalf of the Town of Queensbury, affix the seal of the Town to said documents, and take such other and further action as may be necessary to record the Deed with the Warren County Clerk's Office. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Monahan-This is part of what was known as the Doyle property, and they are giving the new developers are giving to the town land to extend the bounds of the Quaker Cemetery there and will cover the area where the caskets, bodies whatever you want to say were found outside the present body. I would also like to say that I think the developers have been most corporative and I want to complement John of our staff here and Marilyn VanDyke our Historian it has been certainly a great project with the Town and the developer working together with the archeologist to bring this matter to a successful conclusion, one that the Quakers are very happy with. Supervisor Champagne-It has been an outstanding relationship with the Community Developer and certainly Doyles property and the Quakers and certainly the Town. DEPARTMENT OF TRANSPORTATION PRESENTATION-AVIATION ROAD BRIDGE PRESENTATION MADE BY: Mr. George Hodges, P.E. Project Manager New York State Department of Transportation Supervisor Champagne-Noted that this was started about three years ago, we are at a point now where my understanding is that the bids will soon be let sometime in October... (Pamphlet attached to end of minutes) Highlights of project Project location: Northway Exist 19 in Town of Queensbury Project Limits: Aviation Road Bridge Replacement at Exit 19 Queensbury School Entrance to East of Carlton Drive Project Scope: Construct a new 5 lane Bridge with 16 foot clearance over the Northway Estimated Project Cost: $5.0 million Project letting: October 23, 1997 Construction Duration January 1998 to November 15, 1998 Work Hours permitted: 6:00 AM. to 10 P.M. (Except during Northway Ramp Closures) Ramp Closures beginning Mid June to be completed by July 1, 1998 New Traffic signals, five foot sidewalks on each side to the school and down to the entrance to the mall, five foot shoulders on each side to accommodate bikes, new cross walks, and handicapped access...also moving water main..Jandscaping and greenspace... Questions Asked: Mr. David Cederstrom-Chronicle Newspaper-What will the height of the new bridge be? Mr. Hodges-The current height is 14'4" the new height 16' Mr. Paul Abess-Queensbury-Questioned the walkway to the Mall. Mr. Hodges-There is going to be five foot sidewalks that will go down both sides of the road to the mall... Mr. Abess-Questioned the shoulders, for bikes... Mr. Hodges-By law the shoulders are to be for bikes...worked with the Glens Falls Transportation Council who has a plan for the area... Mr. Abess-Questioned if the lane is tapered off to the mall could a biker go safely from the school to the mall? Mr. Hodges-We tie into the existing facility just before the entrance to the mall, right now there are people that use it safely, it is as safe as you would expect. Mr. Abess-Going west, the Town has thoughts about widening Aviation Road, have you made any recommendations to continue a shoulder past the school? Mr. Rutnik-That would be the jurisdiction of the town...that is not involved in this project. Mr. Jim McGuire-Ramada Inn-Raised concerns about the ramp closures Mr. Hodges-Reviewed the seven day closure and alternate routes.. Unknown-Questioned how far in each direction will the road have to be raised in order to accommodate the high bridge? Mr. Hodges-Around Burke Drive, Howard Johnsons Mr. Timothy Brewer-Questioned why the contract was written with a incentive/disincentive if the work has to be done by a certain date? Mr. Hodges-We wanted to give the contractor a pliable benefit for getting the job done... Mr. Jim Goodspeed-Queensbury School Board-Questioned what the plans were and how they come into play for the Queensbury School graduation in June... Mr. Hodges-We will have to work with the school on that. Councilman Monahan-Questioned if there was an incentive for the construction completion date? Mr. Hodges-No. Councilman Monahan-Questioned if there is a penalty for late completion? Mr. Hodges-No. Unknown-Questioned the grade coming off the bridge? Mr. Hodges-3 to 4% Presentation closed. Supervisor Champagne-Thanked the representatives from DOT for bring us up to date on the project. (three minute recess) RESOLUTIONS RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 317.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1997 budget: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4791 01-1620-2001 (Equipment Maintenance) (Misc. Equipment) 1,000. 01-1620-4400-27 (Misc. Contractual) 01-1620-2001 (Misc. Equipment) 1,500. 01-1620-4400-22 (Misc. Contractual) 01-1620-2001 (Misc. Equipment) 2,500. 01-1620-4160 (Signs) 01-1620-2001 (Misc. Equipment) 900. 01-1620-4220 (Training/Education) 01-1620-2001 (Misc. Equipment) 500. 01-1620-4400 (Misc. Contractual) 01-1620-2001 (Misc. Equipment) 1,000. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion held-Supervisor Champagne-This is for the purchase of a lawn mower which just blew out an engme. RESOLUTION APPOINTING MEMBER TO CEMETERY COMMISSION RESOLUTION NO. 318.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Cemetery Commission, and WHEREAS, Sylvia Dougher recently retired from the Commission and the Town Board wishes to fill the vacancy on the Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Dr. George Wiswall to serve as a member of the Town of Queensbury Cemetery Commission, said term to expire August 18, 2000. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT None RESOLUTION AUTHORIZING PURCHASE OF MOWING MACHINE RESOLUTION NO.: 319.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, Chuck Rice, Facilities Manager has advised the Town Board that a lawn mower for his department is old and in a state of disrepair and has requested that the Town Board approve the purchase of a new "Howard Price" mowing machine for the approximate amount of $7,279, and WHEREAS, NYS bidding is not required since the proposed new mowing machine is under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the purchase of one new "Howard Price" mowing machine for the approximate amount of $7,279, said purchase to be paid for from Account No. 01-1620-2001. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT IN PROGRAM BOOK FOR THE 1997 ADIRONDACK BALLOON FESTIVAL RESOLUTION NO.: 320.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Adirondack Balloon Festival will be celebrating its 25th anniversary on September 20 and 21, 1997 at the Warren County Airport, and WHEREAS, the event is expected to attract more than 100,000 persons to the Queensbury area, providing an economic boon to the community, and WHEREAS, the Adirondack Balloon Festival has asked the Town of Queensbury to show community support of the Festival by purchasing an advertisement in the 1997 program book, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the 1997 Adirondack Balloon Festival will be a great economic and tourism boon to the Town of Queensbury and therefore authorizes the purchase of an advertisement in the Adirondack Balloon Festival souvenir program book in the approximate amount of$I,200. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES Mrs. Pulver ABSENT: None RESOLUTION AUTHORIZING RELEASE OF RETAINAGE TO DELANEY CONSTRUCTION CORPORATION RESOLUTION NO.: 321.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously entered into a contract with Delaney Construction Corporation for construction services in connection with the closure of the Town of Queensbury Landfill, and WHEREAS, by resolution no. 91,97, the Town Board of the Town of Queensbury authorized the release of $17,009.97 in retainage held by the Town to Delaney Construction, thereby reducing the retainage amount to $6,500, and WHEREAS, Malcolm Pirnie, Inc., engineers for the Town and LaVerne Fagel, Consultant have advised the Town Board that Delaney Construction has completed all construction services in connection with the landfill closure and therefore recommend that the Town release the final retainage amount of $6,500 to Delaney Construction, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and Town Comptroller to arrange for payment in the amount of $6,500 to Delaney Construction, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to take such steps and execute such documents and place the Town seal on such documents as may be necessary to carry out the terms and conditions of this resolution. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held-Councilman Monahan-I just would like to say again my complements to Delaney Const. Corp., to Malcolm Pirney the engineers and to Laverne Fagel, the consultant on this project, that landfill was a difficult project to close and we have quite a fantastic job up there. RESOLUTION AUTHORIZING PURCHASE OF TRUCK BY CEMETERY DEPARTMENT RESOLUTION NO.: 322.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, Mike Shaw, Queensbury's Deputy Director of Wastewater, has advised that the Wastewater Department is interested in selling one 1988 GMC I-ton 4x4 truck no longer being used in the Department to the Cemetery Department for the amount of $7,000, and WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the Cemetery Department's purchase, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the Town of Queensbury Cemetery Department's purchase of one 1988 GMC I-ton 4x4 truck from the Town of Queensbury's Wastewater Department for the amount of $7,000, said purchase to be paid for from the appropriate Cemetery Account. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION ACCEPTING AND AUTHORIZING FILING OF QUITCLAIM DEED FOR PARCEL SOLD FOR UNPAID PROPERTY TAXES RESOLUTION NO.: 323.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Town of Queensbury Tax Map Parcel No. 52-2-11 has been sold for 1992 unpaid property taxes and remains unredeemed, said parcel being undeveloped and land-locked within the Town of Queensbury Landfill, and WHEREAS, by Resolution No. 381,97, the Warren County Board of Supervisors authorized and directed execution of a Quitclaim Deed for the property to the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury wishes to authorize acceptance of a Quitclaim Deed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves for recording and filing, a Quitclaim Deed for Tax Map Parcel No. 52-2-11 and hereby further authorizes and orders the Town Supervisor to execute all documents necessary to complete the recording of the Deed on behalf of the Town of Queensbury, affix the seal of the Town to said documents, including the Real Property Transfer Report and Capital Gains Affidavit, and sign his name thereto and take such other and further action as may be necessary to record the Deed with the Warren County Clerk's Office. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held-Supervisor Champagne-This property is in the middle of the landfill it was owned by Clarence Elms. I do not think it is too marketable to anyone else to be very honest with you. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 14 ENTITLED, "CODE OF ETHICS" RESOLUTION NO. 324.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury a draft of Local Law No. _ of 1997 entitled, "A Local Law to Amend the Code of the Town of Queensbury by Revising Chapter 14 entitled, 'Code of Ethics,'" which proposed Local Law deletes the requirement that an elected or appointed official or employee of the Town serve on the local Ethics Board, and WHEREAS, such legislation is authorized pursuant to ~806 of the New York State General Municipal Law and ~1O of the Municipal Home Rule Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 15th day of September, 1997, to consider said Local Law No. _ of 1997 and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _ of 1997 in the manner provided by law. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held-We were planning to have someone represented in the Ethics Board since we have had no interest from anyone from the Town we are going to have to go back through and with another public hearing to change that. RESOLUTION AUTHORIZING RETENTION OF SERVICES OF CONFIRM, INC. - INSURANCE & RISK MANAGEMENT CONSULTING PROPOSAL RESOLUTION NO.: 325.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of a consultant to both thoroughly evaluate the Town of Queensbury's insurance needs and prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing insurance coverage to the Town, and WHEREAS, the Town Controller has recommended that the Town Board retain CONFIRM, INC., to perform the necessary consulting services for the fixed fee of $7,500, and WHEREAS, a copy of CONFIRM, INC. 's proposed Service Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the consulting services of CONFIRM, INC., at the fixed fee of $7,500, and further authorizes and directs the Town Supervisor to sign the proposed Service Agreement, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account No. 01-1910-4400. Duly adopted this 18th day of August, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING ADDITION/ALTERATION PROJECT AT THE PINE VIEW CEMETERY COMMISSION OFFICE BUILDING AND RELATED PROFESSIONAL ARCHITECTURAL SERVICES RESOLUTION NO.: 326.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Cemetery Commission is desirous of making certain additions and alterations at the Pine View Cemetery Commission Office Building located on Quaker Road in the Town of Queensbury, and WHEREAS,the Cemetery Commission also wishes to retain professional architectural services in connection with the addition/alteration project, and WHEREAS, Paul E. Cushing Associates, Architects, P.c. has offered to perform the required architectural services for an initial payment of $500, and WHEREAS, the Town Board of the Town of Queensbury desires to authorize the addition/alteration project at the Pine View Cemetery Commission Building and the associated architectural services, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the addition/alteration project at the Pine View Cemetery Commission Office Building and further authorizes and directs the Chairperson of the Town of Queensbury Cemetery Commission to execute the agreement between the Town of Queensbury Cemetery Commission and Paul E. Cushing Associates, Architects for architectural services for an initial amount of $500, and BE IT FURTHER, RESOLVED, that the expenses for said architectural services shall be paid for from Account No. 02-8810-2899. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BID FOR TOWN OF QUEENSBURY HIGHWAY GARAGE RE-ROOFING PROJECT RESOLUTION NO. 327.97 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 the reroofing of the existing 15,000 +/- square foot Town of Queensbury Highway Department Garage, as more specifically identified in bid documents specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Quaker Bay, Inc., has submitted the lowest bid for the aforementioned services in the amount of $42,623, and WHEREAS, the Town of Queensbury Facilities Manager has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the reroofing of the existing 15,000 +/- square foot Town of Queensbury Highway Department Garage to Quaker Bay, Inc. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ESTABLISH CAPITAL PROJECT, TRANSFER FUNDS FROM RESERVE, AND SET APPROPRIATIONS FOR HIGHWAY GARAGE ROOF PROJECT RESOLUTION NO.: 328.97 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 re-roofthe Highway garage, and WHEREAS, there is an established reserve fund for improvements to the Highway garage which the Town Board of the Town of Queensbury desires to use to fund such re-roofing, and WHEREAS, the Town Board of the Town of Queensbury has accepted Quaker Bay, Inc.'s bid of $42,623 for such re-roofing project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury establishes Capital Project #1l0, Highway Garage Re-Roofing Project, with a transfer of $42,623 from the Highway Garage Reserve Fund #62, and BE IT FURTHER RESOLVED, that appropriations for the project are set at $42,623, to be paid from Account #110- 1623-2899, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to make all necessary transfers and adjustments. Duly adopted this 18th day of August, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF REAL PROPERTY APPRAISER FOR NIAGARA MOHAWK ARTICLE 7 PROCEEDINGS RESOLUTION NO. 329.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Niagara Mohawk Power Corporation has commenced Article 7 Real Property Assessment Proceedings against the Town of Queensbury for the Tax Years 1994, 1995, 1996, and 1997, and WHEREAS, the Town is required to file appraisals with the Court for these cases and also seeks preliminary appraisals to assist in possible settlement negotiations, and WHEREAS, the Town has interviewed three (3) qualified appraisal firms to perform these services, NOW, THEREFORE BE IT RESOLVED, that the Town hereby authorizes the engagement ofMDI Associates of Loundonville, New York to prepare the preliminary appraisal and report for a cost not to exceed $10,000 and be it further RESOLVED, that final appraisal reports shall be prepared only upon further authorization of the Town Board, and be it further RESOLVED, that the Town Supervisor is authorized to execute any documentation in form approved by Town Counsel to implement the intent of this resolution. Duly adopted this 18th day of August, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Discussion Held-Town Counsel Schachner-This is an Article 7 Real Property Assessment proceeding and this resolution does point out that no final appraisal report will be prepared until further authorization from the Town Board. My recommendation is to take this a step at a time, this resolution only authorizes that initial preliminary appraisal. That is on a property appraisal that is currently in the neighborhood of thirty five million dollars. RESOLUTION CANCELING MEETING RESOLUTION NO. 330.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby cancels its regularly scheduled meeting of September 1st, 1997 due to the Labor Day Holiday. Duly adopted this 18th day of August, 1997 by the following vote; AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None 6.0 PLANNED DISCUSSIONS 6.1 OLD BUSINESS NONE 6.2 NEW BUSINESS NONE 7.0 TOWN BOARD MEMBER MATTERS NONE 8.0 ATTORNEY MATTERS Town Counsel Mark Schachner-Updated the Board on the following: Case against the Planning Board by Newton Auto Sales, was ruled in favor of the Town Case against the Highway Supt. and the Town by Mr. Gordon, was ruled in favor of the Town 9.0 OPENFORUM Mr. Pliney Tucker-Queensbury Furniture sales on Corinth road, are they collecting sales tax, had asked that the Supervisor check... Supervisor Champagne-I have not done that... Executive Director Goralski-Noted that he will check on that. Mr. Tucker-Asked if the meeting in Moreau is open to the public? Supervisor Champagne-Yes. We are winding down on the contractual language... Mr. Tucker-Will the agreement be brought back to a public meeting? Town Counsel Schachner-There will be a resolution authorizing the execution of the contract. Mr. John Salvadore-Questioned why the town wouldn't sign the contract after tomorrow evening? Town Counsel Schachner-That agreement will form the basis for a contract. Supervisor Champagne-We will bring it back here, we will share everything that is in that contract before we sign off on it. Mr. Salvadore-Re: resolution for appraisal work on Niagara Mohawk Questioned we are going to the mat for how much money? Supervisor Champagne-Noted this also effects the school, noted the school will pay a portion of our costs..fifty, fifty... Mr. Salvadore-Questioned if the fifty, fifty split in the bill should be mentioned in the resolution? Town Counsel Schachner-The school has never failed to live up to this in the past as far as I know.. Mr. Salvadore-Progress on Dunhams Bay Road? Town Councilman Goedert-There is no progress, due to the fact that we have not received any paper work from Mr. Nace who is the engineer. Mr. Salvadore-No. Qsby. Environmental Drainage Project in Cleverdale, any progress? Executive Director Goralski-Storm water Management Project, Mr. Tom Jared is working with DEC right now to get their approval to dump the storm water into the wetlands. Mr. Salvadore-Will we have a drainage district? Councilman Monahan-That is too premature. Executive Director Goralski-Understood that there is grant money to build that. Mr. Salvadore-Something has to maintain and operate the facility, who bears the burden of that cost? Executive Director Goralski-At this time I do not have an answer for you. Mr Salvadore-Re: Resolution authorizing ad in Balloon Festival program book...Mrs. Pulver again the taxpayers applaud you for your position of the no vote in that regard, may I ask you why? Councilman Pulver-I am not sure John what we really get for that, $1200. we do not have any criteria at all set so than why do we give to one and not give to another. Supervisor Champagne-I will try to answer that on the positive side. With the number offolks that are in and out of here I think its proven that the investment of twelve hundred dollars from the Town in terms of the numbers, the twenty thousand plus people that are here during those two or three days certainly fattens up the coffers for the Town Tax, sales tax certainly county sales tax and certainly the local business man that benefits from this. I do not believe that a taxpayer here is going to complain at $1200. going into that a subsidy in order to have Queensbury represented. We are the host Town and I think that has some real bearing on the success or failure of, if everybody turned their back to the festival we would have no festival. That is my opinion and that is why I voted yes. Mr. Salvadore-I am one taxpay and one businessman who stands to benefit but it is public money for a private undertaking and it is wrong. Councilman Monahan-I do not agree with you as a person who has attended many things throughout the Country, I have felt an entirely different feeling in different areas depending on how the local governments have greeted us and made us feel welcome. I feel that this is one thing that we do for the type of impression Queensbury creates on the people that come into it and I think it is a welcome gesture to them that we are glad that they are here. Councilman Pulver-John there is a lot of worth while events out there and I do not think government can give to all of them. Mr. Salvadore-Re: Storm water, where do we go from here? Executive Director Goralski-If you are asking specifically about the results of our meeting regarding storm water last wednesday night...we did not gain any new information. The Storm water Advisory Committee will be reviewing the response document that was prepared by CT Male and then Mr. Rhodes will make the changes the committee would like to see made and it will be presented to the Town Board. Mr. Salvadore-What will the Town Board do with this presentation? Supervisor Champagne-Will review the documents... Mr. Salvadore-With regard to waste water... Supervisor Champagne-Last Wednesday night you heard it .... Executive Director Goralski-Reviewed the informational meeting..more investigations on alternatives... Mr. Salvadore-Re: Comprehensive Plan Executive Director Goralski-Mr. Salvadore also knows what is going on in the Comprehensive Plan, he is on the committee and was at the meeting last wednesday, he knows that Sue Cipperly is now writing, the factual part of the inventory part of the plan she will be done with that approximately the second week in September at which time she will give that to the Comprehensive Plan Committee as they requested as a full document that they could then review. Once they review and make modifications it will be given to the Town Board for their review of the comment and finally adoption. Mr. Salvadore-The hardest part of the Comprehensive Plan will begin after that factual information is available. Mr. George Drellos-27 Fox Hollow Lane-Re: Mobile Home fees. You are investigating it further? Supervisor Champagne-They came back with a recommendation there was some question about that recommendation the Board has asked that John goes back and does a more detailed cost of precisely what our, what the Town's costs are to do an inspection, I guess it is, the word we use, of a typical mobile home court. Councilman Monahan-We asked John to work with Henry as the Controller to make sure all the costs necessary were included in that. Mr. Drellos-How long? Executive Director Goralski-A response by the next workshop. Supervisor Champagne-Asked for further comments...none RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 331.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss union negotiations. Duly adopted this 18th day of August, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champange NOES: None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 332.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queenbury hereby adjourns its regular session. Duly adopted this 18th day of August, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk