1997-12-15
REGULAR TOWN BOARD MEETING
DECEMBER 15, 1997
7:00 P.M.
MTG.#57
RES. 447-486
BOH 41-42
LL # 11
TOWN BOARD MEMBERS PRESENT
SUPERVISOR FRED CHAMPAGNE
COUNCILMAN BETTY MONAHAN
COUNCILMAN THEODORE TURNER
COUNCILMAN CONNIE GOEDERT
COUNCILMAN CAROL PULVER
TOWN COUNSEL MARK SCHACHNER
WATER SUPERINTENDENT THOMAS FLAHERTY
CONTROLLER HENRY HESS
COMMUNITY DEVELOPMENT DIRECTOR JOHN GORALSKI
SUPERVISOR CHAMPAGNE-OPENED THE MEETING
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER
SUPERVISOR CHAMPAGNE-Our next order of business is to make a presentation of appreciation, Tom Flaherty would
you kindly come forward? We understand that your
retirement is upcoming toward the end of the month and for that we would like to give
you a resolution of appreciation.. (Supervisor read the resolution of appreciation)
RESOLUTION OF APPRECIATION
RESOLUTION NO. 447.97
INTRODUCED BY THE ENTIRE TOWN BOARD
WHEREAS, on April 15, 1964, Thomas K. Flaherty, was appointed as the Water Superintendent of the Town of
Queensbury, and
WHEREAS, Thomas K. Flaherty, served for the Town of Queensbury from 1980 to 1986 as the Superintendent of
Buildings and Grounds and maintained the Gumey Lane Pools, and
WHEREAS, during Thomas K. Flaherty's early tenure the Town's water supply at Rush Pond was inadequate to provide
water to an expanding town at which time Thomas K. Flaherty became involved in the creation and expansion of the
existing water treatment facility, and
WHEREAS, under Thomas K. Flaherty, several new water districts were created and now supply water to what is the
Queensbury Consolidated Water District, and
WHEREAS, under Thomas K. Flaherty's direction, his staff has grown from two to twenty-six people, and
WHEREAS, Thomas K. Flaherty has represented this town and has eamed the respect of other municipal governments and
governmental agencies, and
WHEREAS, Thomas K. Flaherty has served as Chairman of the Adirondack Water Works Conference in 1968 and in 1980
to which he served with dedication, and integrity, and
WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of Thomas K. Flaherty,
Water Superintendent, dated December 31, 1997.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury , on behalf of the residents of
the Town of Queensbury, wish to express its sincere appreciation to Thomas K. Flaherty for the time, effort and talent that
he has generously contributed toward making the Town of Queensbury a "GOOD PLACE TO LIVE".
Duly adopted this 15th day of December by the following vote:
A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES; None
ABSENT: None
WATER SUPERINTENDENT THOMAS K. FLAHERTY-That is a lot ofwhereases
Fred.
SUPERVISOR CHAMPAGNE-Yea that is a lot ofwhereases.
WATER SUPERINTENDENT THOMAS K. FLAHERTY-Well, thirty four years I have
served seven boards and survived two. I can remember when we started the well field
we were running out of water and I can remember sending crews to Elmira to pick up
civil defense filters. Two were supposed to be picked up, my driver came back with four
and said I saw two more along the side of the road so I thought we needed them and we
brought them back. Three years later the Federal Government came looking for their
extra filters. I can remember having dry tanks and when I say dry I mean dry, and
chasing the Town Board to the Warren County Municipal Center, I think Jerry Solomon
was the Supervisor at the time, and interrupting him at a meeting like this and telling
him Jerry, the tanks are dry and getting a pat on the back and saying you are doing a
hell of a job, keep up the good work. You know, I can remember hiring a young fellow
who immediately drove out of the driveway at the old well field next to Kay's Motel and
ran into the telephone pole because there was somebody swimming in the pool and he
forgot to make a left hand tum. But, it has been fun, I am proud of what we have done
I am proud of the people that I have working for me, I am proud of the fact that we have
put in a lot of pipe, we have created a lot of water districts, we did it sometimes without the
benefit of a lot of expertise, but we did it and it is being served well. In the resolution
tonight you, there has been cooperation among departments there has been a lot of
comment on cooperation. I do not think that there is a day that goes by that departments
don't cooperate and I think it is evidenced in what Fred read off tonight. There is sharing of
equipment goes on every day and despite some of the comments that are made that happens
every day and it is because of the people that we have working for us. I thank the Board for
their cooperation, Connie I did not get the sod in your front yard but I will try better next time.
I really appreciate the help that I have had. I have one more thing. We have all heard Fred continuously say he is tighter
than two coats of paint, every time we have a budget meeting or
we need anything or in the paper, Fred's comment is Champagne is tighter than two coats
of paint. Ralph you are going to be filling in I guess until a permanent one is chosen and I
have got you a can of paint remover here because I think you are really going to need it.
Here put this to good work. (handed paint remover to Deputy Water Superintendent Ralph VanDusen)
SUPERVISOR CHAMPANGE-I guess there is more truth than fiction to that. Well anyway
we are all proud of what we do including tighter than two coats of paint, right?
1.0 PUBLIC HEARINGS
PUBLIC HEARING OPENED -TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET NAOMI
POLITO ROUTE 9 NOTICE SHOWN
SUPERVISOR CHAMPANGE-The application has been made it is the outlet out on Route 9 where the motorcycles sales
are at the Tee Pee, it has been there for a number of years and the application reads about the same as it has in the past so if
there is anyone from the audience that would like to speak to that, by all means we would like to hear them. How about
the Board, anything more from the Board Members? Hearing none we will close the public hearing and vote on the
resolution.
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT
MARKET LICENSE FOR NAOMI POLITO AT 1652 ROUTE 9
ON JUNE 1-7, 1998
RESOLUTION NO.: 448.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, Naomi Polito has made application to the Town Board of the Town of Queensbury for a Transient
Merchant and/or Transient Merchant Market license for setting up tents in the parking area and selling an assortment of
motorcycle geared products at 1652 State Route 9 in the Town of Queensbury, Warren County, New York from June 1-7,
1998 from 9:00 a.m. to 10:00 p.m., in accordance with the provisions of Chapter 160 of the Code of the Town of
Queensbury, and
WHEREAS, on or about September 23, 1997, the Town of Queensbury Planning Board adopted a resolution
recommending site plan approval of Ms. Polito's transient merchant market proposal, and
WHEREAS, on or about September 10, 1997, the Warren County Planning Board adopted a resolution indicating
"No County Impact," and
WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and a
public hearing was duly held by the Town Board of the Town of Queensbury in connection with the license application on
December 15, 1997,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in
§160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant and/or Transient Merchant Market
license to Naomi Polito to operate a Transient Merchant Market at 1652 Route 9, Queensbury, subject to the following:
1. Ms. Polito must pay all fees as required by Chapter 160 of the Code of the Town of Queensbury;
2. Ms. Polito must submit a bond in the amount of $10,000 as required by Chapter 160 of the Code of the
Town of Queensbury;
3. Ms. Polito must submit proof of authorization to do business in New York and authorization of agent to
receive service of summons or other legal process in New York;
4. The License shall be valid only from June 1st through June 7th, 1998 and the license shall expire
immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Ms. Polito must comply with all of the regulations specified in §160-8 of the Code of the Town of
Queensbury.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES : Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES : None
ABSENT: None
PUBLIC HEARING -OPENED PUBLIC HEARING ON PROPOSED LOCAL LAW ON
TELECOMMUNICATION TOWERS... (LEFT OPEN FROM PREVIOUS MEETING)
SUPERVISOR CHAMPAGNE-Anyone here this evening to speak for or against the telecommunication towers as it has
been advertised? John do you have any words of
wisdom?
COMMUNITY DEVELOPMENT DIRECTOR JOHN GORALSKI-The Board has requested
we added language defining tall structures over fifty feet in height that other wise there
are a couple of really bookkeeping changes, changing letters to numbers and numbers to
letters and that type of thing, otherwise it is the same as it had been last week.
SUPERVISOR CHAMPAGNE-I guess that this has been discussed now for how long?
DIRECTOR GORALSKI-About eight months.
SUPERVISOR CHAMPANGE-We think it will hold up on court although one never knows.
But at this point, any other comments from the Board? Hearing none I will close the public hearing and lets vote.
RESOLUTION TO ENACT LOCAL LAW NUMBER 11 OF 1997
A LOCAL LAW TO AMEND CHAPTER 179 OF THE CODE
OF THE TOWN OF QUEENSBURY TO ADD A NEW 179-73.1 ENTITLED,
"TELECOMMUNICATION TOWERS"
RESOLUTION NO. 449.97
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 Local Law No. 11 of 1997 "A
Local Law to Amend Chapter 179 of the Code of the Town of Queensbury to Add a New 179-73.1 Entitled
"Telecommunication Towers," which Law shall provide standards for the safe provision of telecommunications within the
Town of Queensbury consistent with applicable Federal and State regulations, 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 the date and time for the
public hearing, and
WHEREAS, on November 17, 1997, a public hearing with regard to this Local Law was duly conducted and the
public hearing was then continued to December 15, 1997,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend
Chapter 179 of the Code of the Town of Queensbury to Add a New 179-73.1 Entitled, "Telecommunication Towers" to be
known as Local Law No. 11 of 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 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
TOWN OF QUEENSBURY
LOCAL LAW NO. 11 OF 1997
A LOCAL LAW TO AMEND CHAPTER 179 OF THE CODE OF THE
TOWN OF QUEENSBURY TO ADD A NEW §179-73.1 ENTITLED
"TELECOMMUNICATION TOWERS"
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 adding thereto a new Section 179-73.1 to be
known as "Telecommunications Towers" to read as follows:
A. Enabling Authority.
The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site
plans consistent with Town Law §274-a and §274-b which concern the placement and operation of telecommunication
towers.
B. Definitions.
Chapter 179, §179-7 of the Code of the Town of Queensbury, entitled "Definitions and Word Usage," is hereby
amended to add the following two definitions as follows:
Telecommunication Tower: A structure on which transmitting and/or receiving antenna are located.
Antenna: A system of electrical conductors that transmit or receive radio frequency waves. Such waves
shall include but not be limited to radio navigation, radio, television, wireless and microwave communications. The
frequency of these waves generally range from 10 hertz to 300,000 megahertz.
C. Purpose.
The purpose of this Local Law and supplemental regulations is to promote the health, safety and general welfare of
the residents of the Town of Queensbury, to provide standards for the safe provision of telecommunications consistent with
applicable Federal and State regulations and to protect the natural features and aesthetic character of the Town of
Queensbury.
These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless
services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent
with current federal regulations.
D. Designated Areas.
Placement of telecommunications towers is restricted to certain areas within the Town of Queensbury. These
areas are as follows: In any Light Industrial and Heavy Industrial Zone and on any property where towers or tall structures
(structures over 50' in height) exist.
E. Application of Regulations:
I.No transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after issuance of
a zoning permit as per § 179-105A(3) and demonstration of conformity with these regulations. No existing structure shall
be modified to serve as a transmission tower unless in conformity with these regulations.
2.These regulations shall apply to all property described in §179-73.1 and indicated on the Town Zoning Map.
3.Exceptions to these regulations are limited to (i) new uses which are accessory to residential uses and (ii) lawful or
approved uses existing prior to the effective date of these regulations.
4.Where these regulations conflict with other laws and regulations of the Town of Queensbury, the more restrictive shall
apply, except for tower height restrictions which are governed by these standards.
F. Site Plan Review.
1. Site Plan - In addition to the requirements of Article V of Section 179 the following shall apply:
a.General Requirements: All site plan applications shall show all existing and proposed structures and improvements
including roads and shall include grading plans for new facilities and roads. The site plan shall also include documentation
of the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification
for any land or vegetation clearing required.
b. Visual Impact Assessment: All site plan applications, whether involving shared use of an existing tower or construction
of a new tower, shall include visual impact assessment. This assessment shall include:
i.Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including
but not limited to state highways and other major roads and state and local parks.
ii.Assessment of alternative facility/structure designs and color schemes.
iii.Assessment of visual impact of the facility/structure, accessory buildings and overhead utility lines from abutting
properties and streets.
iV.A completed Visual Environmental Assessment Form (Visual EAF).
c. Landscaping Plan: All site plan applications shall include a plan illustrating size, type, placement and quantity of
existing vegetation to remain as well as vegetation to be added. The final landscaping plan will become part of the
approved site plan. All new plantings shall be planted by a date specified by the Planning Board.
Existing on-site vegetation shall be preserved to the maximum extent possible and no cutting of trees exceeding four (4)
inches in diameter (measured at a height of four (4) feet off the ground) shall take place prior to Site Plan approval.
Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
The landscaping plan shall include deciduous or evergreen tree plantings which may be required to screen portions of
the tower from nearby residential property as well as from public sites known to include important views or vistas. Where
the site abuts residential or public property, including streets at least one row of native evergreen shrubs or trees capable of
forming a continuous hedge at least ten feet in height within two years of planting shall be provided to effectively screen
the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure
plant survival. Plant height in these cases shall include the height of any berm.
2. The applicant shall be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or
technical review provided that the fees or costs reflect the actual costs to the Planning Board. This fee shall not exceed one
thousand dollars ($1,000) without the consent of the applicant.
G. Standards for Placement.
New or modified antenna or telecommunication towers shall be placed according to the following priority: first,
shared use of existing tower or placement of antenna or other telecommunication equipment in or on an existing tall
structure located on a lot within the areas listed in § 179-73.lB; second, where a telecommunication tower already exists;
third, placement of a new tower on a lot within the areas listed in § 179-73.1 e. Where shared towers are not proposed, the
applicant must provide documentation of the inability to utilize an existing tower or structure.
1. Shared Use of Existing Towers or Tall Structures. At all times, shared use of existing tall structures (for example,
municipal water towers, multi-story buildings) and existing or approved towers, shall be preferred to the construction of
new towers. An applicant proposing to share use of an existing tower or other tall structure shall be required to submit:
a.A complete site plan review application.
b.Documentation of intent from the owner of the existing facility to allow shared use.
c.An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the
existing tall structure and explaining what modifications, if any, will be required in order to certify to the above.
d.A copy of the Federal Communications Commission (FCC) license for operation of the new equipment.
2. New Telecommunication Towers on Lots Already Containing a Tower. Construction of new telecommunication towers
on a lot already containing a tower shall be given second priority to sharing existing towers or other tall structures (see
§ 179-73.1F). The Planning Board may consider a new telecommunication tower when:
a.The applicant documents that shared use of an existing tower is not practical.
i.The applicant shall submit a report locating and inventorying all existing tall structures and existing or approved towers
within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation
with the applicant.
ii.The applicant shall document good faith efforts to secure shared use from the owner of each existing tall structure or
approved tower. Such documentation shall consist of the physical, technical and/or financial reasons why shared usage is
not practical in each case. Written requests and expenses for shared use shall be provided.
b. The applicant submits a copy of the Federal Communications Commission (FCC) license for operation of the new
equipment.
3. New Telecommunication Towers on Lots Not Already Containing a Tower. Construction of new telecommunication
towers on a lot not already containing a tower, shall be given third priority to sharing existing towers or other tall structures
or constructing a tower on a lot already containing a tower (see § 179-73 .IF). The Planning Board may consider a new
telecommunications tower when:
a.The applicant documents that shared use of an existing tower or other tall structures or locating a tower on a lot already
having a tower is not practical.
i.The applicant shall submit a report locating and inventorying all existing tall structures and existing or approved towers
within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation
with the applicant.
ii.The applicant shall document good faith efforts to secure shared use from the owner of each existing tall structure or
approved tower or lot already containing a tower. Such documentation shall consist of the physical, technical and/or
financial reasons why shared usage or location on a lot already containing a tower is not practical in each case. Written
requests and expenses from each owner shall be provided.
b. The applicant submits a copy of the Federal Communications Commission (FCC) license for operation of the new
equipment.
H. Setbacks.
Towers and antenna shall comply with all existing setbacks within the affected zone. Additional setbacks may be
required by the Planning Board to contain on-site substantially all ice-fall or debris from tower failure and/or to preserve
privacy of adjoining residential and public property. Setbacks shall apply to all tower parts including guy wire anchors and
to any accessory facilities.
I. Access and Parking.
A road and parking shall be provided to assure adequate emergency and services access. Maximum use of existing
roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation
cutting to within the toe of fill, the top of cuts, or no more than ten feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
J. New Tower Design.
Alternative designs shall be considered for all new towers, including lattice and single pole structures. The design
of all proposed new towers shall comply with the following:
1. Any new tower shall be designed to accommodate future shared use by other telecommunications providers.
2. The maximum height of any new tower shall not exceed that which is necessary to provide service.
3. The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the
design of any new tower.
4. Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural
surroundings.
5. No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not
limited to, company name, phone numbers, banners and streamers.
6. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration
(FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green, black or
similar colors designed to blend into the natural surroundings below the surrounding treeline unless other standards are
required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements.
7. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
K. Authority to Impose Conditions.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed telecommunication tower site plan.
L. Removal Upon Abandonment.
The applicant shall submit to the Planning Board a letter of intent committing the tower owner and his/her
successors in interest, to notify the Zoning Administrator within thirty (30) days of the discontinuance of use of the tower.
This letter shall be filed with the Zoning Administrator prior to issuance of a building permit (assuming the
telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall
be removed from any site within four (4) months of such notification. Failure to notify and/or to remove the obsolete or
unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to
Article Xv.
M. Intermunicipal Notification for New Towers.
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing
tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use and to assist
in the continued development of County 911 Services, the Board shall require that:
LAn applicant who proposes a new telecommunication tower shall notify in writing the legislative body of each
municipality that borders the Town of Queensbury and the Director of Warren County Emergency Services. Notification
shall include the exact location of the proposed tower and a general description of the project including, but not limited to,
the height of the tower and its capacity for future shared use.
2.Documentation of this notification shall be submitted to the Board at the time of application.
3.An applicant who proposes a new telecommunication tower within the Adirondack Park shall notify in writing the
Adirondack Park Agency. Notification shall include the exact location of the proposed tower and a general description of
the project including, but not limited to, the height of the tower and its capacity for future shared use.
N. Notification of Nearby Landowners.
A public hearing shall be held for all applications for location of telecommunication antenna. The applicant shall
be required to mail notice of the public hearing directly to all landowners whose property is located within five hundred
(500) feet of the property line of the parcel on which an antenna is proposed. Notice shall also be mailed to the
administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the
public hearing.
O. Maintenance and/or Escrow Account.
The Planning Board, at its sole discretion, may require the applicant and/or the owner to establish, prior to
approval of any application, a maintenance and/or escrow account in an amount sufficient to cover the technical review,
installation, maintenance construction and removal of said tower during its lifetime. The amount required shall be
determined at the sole discretion of the Board, based upon the unique characteristics of the tower and site. The applicant
and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board
prior to approval of any application. Cost estimates may be reviewed by the Town Consulting Engineer at the Planning
Board's discretion.
SECTION 2. Severability .
If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall
not affect or impair in any way any other provision and all other provisions shall remain in full force and effect.
SECTION 3. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as
provided in §27 of the Municipal Home Rule Law.
2.0 CORRESPONDENCE
NONE
SUPERVISOR CHAMPAGNE-Announced the Mr. Salvadore left off in my office at
3:00 P.M. a copy of his plans for the structure that he intends to construct up on 9L.
This structure was what was lacking at our last meeting at which time we post phoned
setting the public hearing on a holding tank until such time John completed the
application, at least provided some kind of indication of what the plans were for the
future. Director Goralski is satisfied that the application is now complete and
requested that a public hearing be set...
Board agreed to set public hearing.
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 450.97
INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into
the Queensbury Board of Health.
Duly adopted this 15th day of December, 1997 by the following vote:
A YES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION CALLING FOR PUBLIC HEARING ON SEWER V ARINACE JOHN SALVADORE
RESOLUTION NO. 41.97
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS
ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, to schedule a public hearing for January 5th 1998 on the
application of John Salvadore for a holding tank.
Duly adopted this 15th day of December, 1997 by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION ADJOURNING BOARD OF HEALTH
RESOLUTION NO. 42. 97
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS
ADOPTION
SECONDED BY: Mrs. Carol Pulver
RESOLVED, that the Town Board acting as the Queensbury Board of
Health hereby adjourns.
Duly adopted this 15th day of December, 1997 by the following vote:
A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver,
Mr. Champagne
NOES: None
ABSENT: None
3.0 RESOLUTIONS
RESOLUTION ACCEPTING CORRECTIVE DEED
REGARDING BERKSHIRE PROPERTY
RESOLUTION NO.: 451.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, Berkshire-Glens Falls, L.L. e. ("Berkshire") purchased certain property at the corner of Quaker and
Bay Roads, and
WHEREAS, during construction, Berkshire discovered human remains on a portion of its property, and
WHEREAS, Berkshire gave the Town of Queensbury a portion of its property by Deed dated August 5, 1997 and
recorded in the Warren County Clerk's Office at Liber 1035, Page 114, intending to give the Town the portion of its
property where such human remains were located, and
WHEREAS, the Town of Queensbury accepted the dedication of such property pursuant to Resolution No. 316.97
on August 18, 1997, intending to receive the property where such human remains were located, and
WHEREAS, after further investigation, Berkshire discovered three additional grave sites and discovered that a
portion of the property that was previously dedicated had no human remains and should have been retained by Berkshire for
its drainage purposes, and
WHEREAS, based on the new discoveries, the previous Deed appears to be incorrect because the Town did not
receive all of the grave sites on the Berkshire property and the Town received additional property that was not intended by
the Town or by Berkshire to be dedicated, and
WHEREAS, Berkshire's counsel has informed the Town's counsel that, although the Town will, by corrective
deed, deed back a portion of the property it previously received, the proposed Corrective Deed will result in the Town
having a net gain of property,
NOW, THEREFORE, BE IT
RESOLVED, that the Town shall accept for dedication a Corrective Deed in the form provided to Town Counsel
where the Town shall receive the portion of Berkshire property where human remains have been found and where such
Deed shall result in a retum to Berkshire of a portion of its property which was mistakenly included in the previous Deed to
the Town, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is authorized to sign such documents and take such actions as are
necessary to fulfill such resolutions.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION HIRING JOSEPH FINN CO., INC.
TO AUCTION OFF AMG PROPERTY
RESOLUTION NO.: 452.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury made a loan to AMG Industries, Inc. ("AMG") pursuant to a Loan
Agreement dated August 8, 1994 and Promissory Note dated August 19, 1994, and
WHEREAS, the Town of Queensbury obtained security interests in certain property of AMG as provided in a
Security Agreement dated August 19, 1994 and certain forms UCC-l received from AMG, and
WHEREAS, AMG has defaulted in its obligations under such Loan Agreement and Promissory Note and the
Town is interested in selling the property it has a security interest in (the "Property"), and
WHEREAS, Glens Falls National Bank & Trust Company is in a similar position with other property of AMG and
has arranged for an auctioneer, Joseph Finn Co., Inc., to auction off the equipment of AMG such Bank has a security
interest in, and
WHEREAS, the Town of Queensbury has been offered the opportunity to sell the Property as part of such auction,
and
WHEREAS, the proposed Contract with Joseph Finn Co., Inc. provides that the Town would pay them a 5%
commission on the sale of the property and that the auctioneer would in addition receive a 10% buyer's premium, and
WHEREAS, the Town of Queensbury has duly considered the matter and is of the opinion that the Town is likely
to maximize the amount it will receive upon the sale of the Property based on the auctioneer's experience and being able to
sell the Property as part of a much larger equipment auction,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury shall enter into a contract with Joseph Finn Co., Inc. engaging them to
use their professional services to auction off the Property for the maximum amount possible, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is authorized to execute the letter agreement with Joseph Finn Co., Inc.
dated December 2, 1997 and to take such other action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD-Supervisor Champagne- these folks have been contacted through our attorney it is a five percent take
on their part plus a ten percent buyers fee. Town Counsel-Auction date of January 20th...
RESOLUTION PROVIDING SALARY ADJUSTMENTS FOR NON-UNION EMPLOYEES EQUAL TO SALARY
ADJUSTMENTS FOR UNION EMPLOYEES EFFECTIVE JANUARY 1, 1998
RESOLUTION NO. 453.97
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
DISCUSSION HELD-Supervisor Champagne, requested the that resolution be withdrawn and re written to reflect
retroactive salary adjustments for non union employees effective January 1, 1998 Councilman Goedert and Councilman
Pulver withdrew their motion.. . resolution to be re-written
RESOLUTION ACCEPTING GIFTS
RECEIVED DURING 1997 BY THE TOWN HISTORIAN
RESOLUTION NO.: 453.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, various items have been donated to the Town of Queensbury Town Historian, during the 1997
calendar year, by various individuals, and
WHEREAS, under the Collections Management Policy enacted by the Town Board of the Town of Queensbury in
November of 1993,
...the Town Board may, on behalf of the Town, take by gift, grant, bequest, or devise, and hold real and personal
property absolutely or in trust for parks or gardens, or for the erection of statutes, monuments, buildings, or structure, or for
any public use, upon such terms or conditions as may be prescribed by the grantor or donor and accepted by the Town and
provide for the proper administration of the same; Town Law §64(17 -a) provides that the Town Board may provide for the
preservation and protection of places, buildings, works of art and other objects having a special character or aesthetic
interest or value...
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, in accordance with criteria set forth in the
Collections Management Policy, hereby determines that the following list of gifts reflect the historical culture, religion,
education, industry, or customs that illustrate life in the Town of Queensbury; that the gifts carry out the intention of the
Collections Management Policy; and the donations are hereby accepted:
The Swamp Fox, an underground newspaper
published by Clifford Witham
Queensbury Methodist Church Plans
1863 Correspondence found in wall of
Robert Dumas House
Photos of barns and scenes in Queensbury
Correspondence re: Ship Shape Building
owned by Ann and Erling Odell
1931 Deed - Franklin and Alida Seelye
to Hannah Austin
Photos of the Civil War Munument,
Mildred Covell Lloyd,
Old Quaker Burying ground
Gravely Interesting: NYS Cemetery Gravestones
and Mouming Customs
Taped interview of John Austin
and Norma Stark re: barns
Materials on the Bicentennial in Queensbury
Lakeside Chapel - postcard, brochure
Materials re: descendants of
Mary O'Rourke Mahoney
GENKIT - Warren County Computer Index
Aerial photo Carpenter's Pavilion
History of Oneida Community Church
Photos of Memorial Day celebration
Barn history
Ranger/Torrey family records
Pamphlet about Glens Falls
Hotel and Blind Rock research papers
Post car of Katskill Bay
TV8 tape on genealogy
, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town of Queensbury, hereby
indicates its sincere appreciation of the gifts.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION IN SUPPORT OF GREATER GLEN LAKE
WATERSHED MANAGEMENT PLAN
RESOLUTION NO.: 454.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 119.94, stated its support of the
concept of watershed management and planning for the Glen Lake Watershed and the development of a Comprehensive
Watershed Management and Implementation Plan, and
WHEREAS, the Glen Lake Technical Advisory Committee recently presented the Town Board with a completed
Greater Glen Lake Watershed Management Plan (the "Plan"), and
WHEREAS, the Town Board of the Town of Queensbury supports the Plan and desires to adopt a resolution
encouraging the Town Planning Board, Zoning Board of Appeals and the Department of Community Development, when
making decisions on projects located within the Watershed, to use the guidelines set forth in the Plan as a tool and guide to
controlling point and nonpoint source pollution within the Watershed,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury states its support of the Greater Glen Lake
Watershed Management Plan and hereby encourages the Town Planning Board, Zoning Board of Appeals and the
Department of Community Development, when making decisions on projects located within the Watershed, to use the
guidelines set forth in the Plan as a tool and guide to controlling point and nonpoint source pollution within the Watershed.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD BEFORE VOTE: Representative of the Glen Lake Watershed committee..noted they spent four
years working hard on the issues surrounding the watershed... Thanked the Town Board for their support and especially
Mrs. Monahan.... Supervisor Champagne thanked the committee for their hard work...
Councilman Monahan-Showed the public the Draft of the Greater Glen lake Watershed Management Plan that was
generated by this group of volunteers. . .
the final form is forthcoming.. . noted that this will be of a great help to the Town in future planning. Thanked the
committee
RESOLUTION PROVIDING RETROACTIVE SALARY ADJUSTMENTS FOR NON-UNION EMPLOYEES
EFFECTIVE JANUARY 1, 1998
RESOLUTION NO.: 455.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury has employees who are not members of the CSEA, and
WHEREAS, once the Contract with CSEA is renewed, union members are expected to receive their salary
adjustments retroactively back to January 1, 1998, and
WHEREAS, the Town of Queensbury wishes to also authorize the salary adjustments for non-union employees to
be effective as of January 1, 1998,
NOW, THEREFORE, BE IT
RESOLVED, that salary adjustment for the Town's non-union employees shall be effective January 1, 1998 and if
such salaries are not set by January 1, 1998, such salary adjustment shall be retroactively made once it is determined, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor shall be authorized to sign such documents and take such actions as are
necessary to fulfill such resolutions.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AMENDING 1997 BUDGET
RESOLUTION NO. 456.97
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the expenditures and revenues for services provided by the Town Clerk of the Town of Queensbury
for Vital Statistics have exceeded budgetary estimations, and
WHEREAS, the Town Board of the Town of Queensbury wishes to increase appropriations and estimated
revenues for Vital Statistic services,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes and directs that the
1997 Budget be amended as follows:
1. Increase Estimated Revenues in the Vital Statistics Fees Account No. 01-01-1603 in the amount of $800;
and
2. Increase Appropriations in the Vital Statistics Miscellaneous Contractual Account No. 01-4020-4400 by $800.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
GLENS FALLS SENIOR CITIZENS, INe.
RESOLUTION NO.: 457.97
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
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 1998 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,
RESOLVED, that payment due on said contract be paid from account 001-7620-4413 (Senior Citizens).
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR
TO SIGN CONTRACT WITH CHAPMAN MUSEUM
RESOLUTION NO. 458.97
INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, the Town of Queensbury is desirous of entering into an 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 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT
WITH BIG BROTHER/BIG SISTERS
RESOLUTION NO. 459.97
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 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 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT
WITH THE AMERICAN LEGION POST 533
RESOLUTION NO. 460.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
WHEREAS, the Town of Queensbury is desirous of entering into a contract with the American Legion Post 533,
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 001-6510-4400 (Veterans Services).
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT
WITH THE VOLUNTARY ACTION CENTER
RESOLUTION NO. 461.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
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 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
GLENS FALLS YOUTH CENTER
RESOLUTION NO.:462.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
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
1998 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 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT
WITH THE HYDE COLLECTION
RESOLUTION NO. 463.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
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 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT WITH
THE ADIRONDACK THEATRE FESTIVAL
RESOLUTION NO. 464.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Adirondack Theatre Festival presents numerous performances and events, and
WHEREAS, the Adirondack Theatre Festival promotes the cultural development of the community, and
WHEREAS, the Adirondack Theatre 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 Adirondack
Theatre 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 1998, to be paid from account 001-6410-4400 (Publicity).
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD: Councilman Goedert-this is in replacement of the Lake George Opera.
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
THE LITERACY VOLUNTEERS
RESOLUTION 465.97
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
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 1998
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 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT
WITH THE MOUNTAINSIDE FREE LIBRARY
RESOLUTION NO. 466.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
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 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION RETAINING THE SERVICES OF CUSACK AND COMPANY, CPA'S TO AUDIT
THE TOWN OF QUEENSBURY'S FINANCIAL STATEMENTS
FOR THE FISCAL YEAR ENDING DECEMBER 31,1997
RESOLUTION NO.: 467.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Controller previously advertised and sent out a Request for Proposals to qualified
municipal auditors located in the Capital District extending from Albany through Warren Counties, to audit the Town of
Queensbury's financial statements for the fiscal year ending December 31, 1997, with the option of auditing the Town's
financial statements for the subsequent two (2) fiscal years and to provide accounting advice to the Town throughout 1998,
and
WHEREAS, Cusack and Company, CPA's, has offered to render the necessary professional auditing services to
the Town of Queensbury at a cost not to exceed $ 12,700 as more specifically set forth in their letter and proposal dated
November 25, 1997 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 Controller
to retain the services of Cusack and Company, CPA's to provide auditing services to the Town of Queensbury for the year
ending December 31, 1997 and to provide accounting advice to the Town throughout 1998, and
BE IT FURTHER,
RESOLVED, that the fee for the services to be rendered is approved in the amount of $ 12,700, 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 Controller to process for payment, any and all bills for services rendered in
accordance with this resolution upon receipt of properly completed vouchers.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION APPROVING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND KVS INFORMATION
SYSTEMS, INC. FOR SOFTWARE SUBSCRIPTION SERVICE
RESOLUTION NO. 468.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
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, 1997 and the Town is desirous of continuing the
agreement for a period of one year, and
WHEREAS, the Town Controller wishes to enter into a similar agreement for software subscription services for
the year 1998,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes a software
subscription services agreement with KVS Information Systems, Inc. for the year 1998 in form approved by Town Counsel
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 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION APPROVING DATA GENERAL AGREEMENTS
RESOLUTION NO. 469.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
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
LOl5ASN40A ICOBOL RUNTIME SSS ONLY
QOOIASX40A DG/UX OPERATING SYSTEM SS
and
2. Finance System Operating Hardware consisting of the following:
MODEL DESCRIPTION
4595-AE 300 LPM BAND PRINTER WITH
7419S VME DISTRIBUTED CLUSTER/l
G6587-A ADD-ON 1600BPI \;2" REEL
G6762-F 2GB 4MM SE SCSI TAPE ADDO
G6802-F 1GB SE SCSI DISK ADD-IN T
G70467 A V4300, 25MHZ, 32MB, 520MB D
and
WHEREAS, the current agreements expire on December 31, 1997, 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 costs of these Agreements shall be paid for from the appropriate General Fund Account(s).
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO ACCEPT BID FOR COLLECTION AND DELIVERY OF
COMPACTED SOLID WASTE
RESOLUTION NO.470.97
INTRODUCED BY: Mr. Theodore Tumer
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised
for the furnishing of all labor, material and equipment necessary for the collection of solid waste that will be compacted at
the Town of Queensbury Transfer Stations located off Ridge and Luzerne Roads in the Town of Queensbury and
transferring or delivering said solid waste to the Adirondack Resource Recovery Facility located at River Street, Hudson
Falls, New York, as more specifically identified in bid documents, specifications previously submitted and in possession of
the Town Clerk of the Town of Queensbury, and
WHEREAS, Waste Management has submitted the lowest bid for the aforementioned services, and
WHEREAS, James T. Coughlin, Solid Waste Facility Operator, 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 furnishing of all labor, material and equipment necessary for the collection of solid waste that will be compacted at
the Town of Queensbury Transfer Stations located off Ridge and Luzerne Roads in the Town of Queensbury and
transferring or delivering said solid waste to the Adirondack Resource Recovery Facility located at River Street, Hudson
Falls, New York, to Waste Management, and
BE IT FURTHER,
RESOLVED, that said services are to be paid for from the appropriate Landfill Account.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY
WITH THE WARREN-HAMILTON COUNTIES COMMUNITY ACTION AGENCY
RESOLUTION NO. 471.97
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised
for bids for transportation for the elderly in the Town of Queensbury for the year 1998, and
WHEREAS, the Warren-Hamilton Counties Community Action Agency has offered to provide transportation
services for the elderly for the year 1998 for an amount of $12,000 for the Tuesday/Thursday busing schedule, and
WHEREAS, the Director of Purchasing has made a recommendation to award the bid to the Warren-Hamilton
Counties Community Action Agency, the lowest bidder,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the
contract for transportation of the elderly for the Town of Queensbury for the year 1998 to the Warren-Hamilton Counties
Community Action Agency for the amount of $12,000 for the Tuesday, Thursday busing schedule, and
BE IT FURTHER,
RESOLVED, that the contract amount shall be paid for from the previously budgeted account.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD BEFORE VOTE: Councilman Goedert-suggested that the town look into providing for more days of
service.. it was agreed that KatWeen would be requested to keep a list of those that wished to ride other days than what is
provided. . . also requested that more advertising be done regarding this service...
RESOLUTION APPOINTING COOL INSURING AGENCY, INe.
AS TOWN OF QUEENSBURY INSURANCE AGENT FOR 1998
RESOLUTION NO.: 472.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
WHEREAS, the Town Board of the Town of Queensbury previously retained the consulting services of
CONFIRM, INC., to evaluate the Town of Queensbury's insurance needs and prepare a Request for Proposals to send to
insurance agents/brokers interested in providing insurance coverage to the Town for the year 1998, and
WHEREAS, CONFIRM, INe., reviewed all proposals and has recommended that the Town retain the services of
Cool Insuring Agency, Inc. in accordance with Cool Insuring's insurance proposal dated November 14, 1997, and
WHEREAS, the Town Board of the Town of Queensbury concurs with CONFIRM, INC.'s recommendation to
retain the services of Cool Insuring Agency, Inc.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller
to retain the services of Cool Insuring Agency, Inc., to provide insurance coverage to the Town of Queensbury for the year
1998 in accordance with Cool Insuring's insurance proposal dated November 14, 1997, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any agreements that may be
necessary, in form approved by Town Counsel, for these services.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD BEFORE VOTE: Controller Hess-This will be about a ninety thousand dollar savings. . .
Councilman Monahan-noted that our Consultant cost on this was seventy five hundred ... I will trade seventy five hundred
for ninety thousand any day. This is one of the things that I have done since I have been on Town Board is bring some
good business practices to the board. It was at my suggestion that we got an consultant and we went out for proposals and
we saved this approximately ninety thousand dollars and this is a series of suggestions of this kind. Last year, it was the fire
and EMS which resulted in savings of fifty thousand dollars a year for three years and I just hope that the boards that come
on will continue looking at policies in this town good business practices and continue that pattern of savings because this
has been going on for quite some years.
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
QUEENSBURY SENIOR CITIZENS, INe.
RESOLUTION NO.: 473.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury has 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 1998 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 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING CONTRACT WITH THE
IACA WORLD AWARENESS CHILDREN'S MUSEUM
RESOLUTION NO. 474.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goerdert
WHEREAS, the Town of Queensbury is desirous of entering into a contract with the IACA World Awareness
Children's Museum, 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 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO ENGAGE LEGAL COUNSEL
RESOLUTION NO. 475.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
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, P. C. has rendered legal services to and on behalf of the Town of
Queensbury as counsel since February, 1996, 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 1998 fiscal year from January 1, 1998 to December 31, 1998, 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 1998, 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 1998.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD-SUPERVISOR CHAMP AGNE-I am voting yes on this with some reservations obviously I think it
has been common knowledge around town that I still favor a town attorney certainly I will vote yes on this recommendation
as it stands.
RESOLUTION TO ACCEPT BID FOR 1998 OFFICE SUPPLIES
RESOLUTION NO. 476.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised
for 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 Business Advantage, Inc., submitted the lowest bid for the aforementioned office supplies in
the total amount of $ 10,394.69, 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 Business Advantage, Inc., and
BE IT FURTHER,
RESOLVED, that said supplies are to be paid for from the General Office Supplies Account.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD BEFORE VOTE: Councilman Monahan-I am noting that Darleen as Purchasing Agent got a bid that
was roughly five or six hundred dollars over the bid last year but she got twelve additional items added to it.
RESOLUTION TO ACCEPT BID FOR PURCHASE OF
1998 MAINTENANCE PRODUCTS
RESOLUTION NO. 477.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised
for bids for a continuous supply of maintenance products on a demand basis for use by all Town Departments, pursuant to
bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and
WHEREAS, Sofco, Inc., submitted the lowest bid for the aforementioned products, and
WHEREAS, Darleen M. Dougher, Town Clerk, has therefore recommended that the bid be awarded to Sofco, Inc.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby awards the bids for the aforementioned
maintenance products to Sofco, Inc., and
BE IT FURTHER,
RESOLVED, that said products are to be paid for from the appropriate departmental accounts for maintenance
products.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PAYMENT TO THE HIGHWAY DEPARTMENT
FOR CLEANING SIDEWALKS OVER THE WINTER SEASON
RESOLUTION NO.: 478.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment to the Highway
Department for cleaning sidewalks over the winter season as directed by the Town Supervisor, to be paid for from Account
#001-5410-4400 (Sidewalks).
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Tumer, Mrs. Pulver, Mr. Champagne
NOES Mrs. Goedert
ABSENT: None
DISCUSSION HELD BEFORE-SUPERVISOR CHAMPAGNE-The Highway Dept. Supt. asked for this resolution so that
he is authorized by the Town Board to do sidewalks that is where the request came from. COUNCILMAN PULVER-Does
he have any idea how much this is going to be? How much have we spent in the past? SUPERVISOR CHAMP AGNE-
Ordinarily we would have thirty five or forty thousand in the budget for sidewalks...COUNCILMAN GOEDERT-Are we
doing selective sidewalks? COUNCILMAN TURNER-Along state highways we have to do them. COUNCIMLAN
GOEDERT-If you pay to have the sidewalk cleaned in front of your house cleaned you best be paying to have the sidewalk
in front of my house cleaned. . . requested that the resolution be pulled and a clearer resolution be brought before the new
board... Town Board agreed to change the resolution to add... as directed by the Supervisor to the resolution...
RESOLUTION AMENDING 1997 BUDGET TO INCREASE APPROPRIATIONS
AND AMEND FUND BALANCE
RESOLUTION NO. 479.97
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town of Queensbury Technical Park Sewer District has incurred administrative fees (repair flow
meter) greater than originally budgeted for, and
WHEREAS, the Technical Park Sewer District has sufficient surplus fund balances and has met New York State
Comptroller's requirements for the appropriation of fund balance during the fiscal year, and
WHEREAS, the Town Board of the Town of Queensbury desires to increase appropriations and appropriated fund
balance in the Technical Park Sewer Fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes and directs that the
1997 Budget be amended by increasing appropriations and increase Appropriated Fund Balance in the Technical Park
Sewer District Fund - Misc. Contractual Account #33-8120-4400 in the amount of $605, 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 any necessary adjustments, transfers, or prepare any necessary documentation to effectuate the
terms of this Resolution.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Requested that the resolution reflect that this is for
the repair of flow meters. Agreed to by the Board.
RESOLUTION TO AMEND 1997 BUDGET
RESOLUTION NO.: 480.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, certain departments have requested transfers of funds for the 1997 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
1997 budget:
ASSESSMENT:
FROM: TO: $ AMOUNT:
01-1355-4740 01-1355-1070 $1,900.00
(Article 7) (Clerk, Part-Time)
01-1355-4740 01-1355-1079 500.00
(Article 7) (RPTS Asst. (PT)
01-1355-4740 01-1355-1730 2,050.00
(Article 7) (Asst. to the Assessor)
01-1355-1002 01-1355-2010 500.00
(Misc. Payroll) (Office Equipment)
BUILDING & GROUNDS:
FROM: TO: $ AMOUNT:
01-5132-4500 01-1620-4500-24 $ 700.00
(Fuel OillNatural Gas) (Fuel OillNatural Gas)
01-1620-4160 01-5132-4300 $1,300.00
(Signs) (Utilities)
CEMETERY:
FROM: TO: $ AMOUNT:
02-8810-1440 02-9010-8010 $2,700.00
(HEO) (ERS)
CONTROLLER:
FROM: TO: $ AMOUNT:
01-1315-4720 01-1315-2001 $3,000.00
(Consultant Fees) (Misc. Equipment)
01-1110-1062-0002 01-1110-4050 70.00
(Court Clerk - OT) (Books, Pub. & Subs.)
01-1110-4090 01-1110-1720 450.00
(Conference Expense) (Court Officer, PT)
01-1110-4400 01-1110-1720 650.00
(Misc. Contractual) (Court Officer, PT)
01-1990-4400 01-1650-4060 3,200.00
(Contingency) (Cent. Comm.
Ser. Contr.)
01-1990-4400 01-9950-9109 45,168.00
(Contingency) (Transfer to Sweet Rd.)
01-6410-4400 01-5630-4400 71. 00
(Publicity Misc. (Bus Oper. Misc. Contr.)
Contr.)
01-6410-4400 01-6772-4400 88.00
(Publicity) (Prog. for the Aging)
ELECTIONS:
FROM: TO: $ AMOUNT:
01-1450-2001 01-1450-4400 $ 520.00
(Misc. Equipment) (Misc. Contractual)
HIGHWAY:
FROM: TO: $ AMOUNT:
04-5110-1450 04-5142-1440-0002 $2,500.00
(MEO) (HEO Overtime)
04-5142-1002 04-5130-4410 5,000.00
(Misc. Payroll) (Gasoline)
04-5142-1002 04-5130-4820 1,000.00
(Misc. Payroll) (Uniforms)
PARKS & RECREATION:
FROM: TO: $ AMOUNT:
01-7020-1340-0000 01-7110-1400-0002 $ 533.00
(Rec. Specialist, PT) (Laborer A, Overtime)
01-7020-1340-0000 01-7110-1470-0002 1,972.00
(Rec. Specialist, PT) (Working Foreman, OT)
TOWN COUNSEL:
FROM: TO: $ AMOUNT:
01-1990-4400 01-1420-4130 50,000.00
(Contingency) (Town Counsel
Services)
WASTEWATER:
FROM: TO: $ AMOUNT:
32-9710-7010 32-8110-4003 $1,620.00
(Serial Bond Interest) (Fiscal Agent Fee)
WATER:
FROM: TO: $ AMOUNT:
40-8320-4400 40-8320-1780-0002 150.00
(Misc. Contr.) (Plant Tech. OT)
and
BE IT FURTHER,
RESOLVED, that the 1997 Town Budget is hereby amended accordingly.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PAYMENT FOR SERVICES OF
J. KENNETH FRASER AND ASSOCIATES, P.C.
CONCERNING ENGINEERING SERVICES IN CONNECTION WITH THE
QUEENSBURY FOREST SUBDIVISION
RESOLUTION NO.: 481.97
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, by Town Board Resolution No. 230, 1997, the Town Board of the Town of Queensbury authorized
engagement of J. Kenneth Fraser and Associates, P.e., to provide engineering services in connection with the study, design
and construction of drainage improvements to the Queensbury Forest Subdivision for an amount not to exceed $7,500, and
WHEREAS, additional work was also authorized at an hourly rate, and
WHEREAS, J. Kenneth Fraser and Associates, P.C., has submitted an invoice exceeding the $7,500 amount by
$2,670.31 for its hourly work, and
WHEREAS, the Town Board of the Town of Queensbury desires to pay J. Kenneth Fraser and Associates, P. C.,
for the additional amount,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor
to execute the necessary documentation to ensure payment from the 1997 Town Budget.
Duly adopted this 15th day of December, 1997 by the following vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne
NOES : None
ABSENT: None
DISCUSSION HELD BY THE BOARD AND IT WAS AGREED THAT THE RESOLUTION SHOULD REFLECT THE
HOURLY RATE IN ADDITION TO THE CONTRACT FEE.
4.0 PLANNED DISCUSSION
OLD BUSINESS NONE
NEW BUSINESS - Councilman Monahan-I just have a suggestion for the new board we have just saved a bundle
on insurance, for years I have tried to
persuade the town board to put a sprinkler system on out here, it would save water and save our trees, save hoses dragged
all over the driveway I wish you would seriously consider sprinkling these lawns.
5.0 TOWN BOARD MEMBER MATTERS
COUNCILMAN PUL VER-I would just like to wish the new Town Board coming on much success and good luck I am
sure you all are going to do a great job.
SUPERVISOR CHAMPAGNE-I would just like to thank the current board certainly for their support and curtisy and all
those good things that we have been able to accomplish over the past one, two, three, four years and I certainly look
forward to moving on with the new board but I want to say thank you very much for all the certainly the effort and the time
that we have put in together and I think we have done an outstanding job. Thank you.
6.0 ATTORNEY MATTERS
Town Counsel requested an executive session on litigation.
7.0 OPEN FORUM
COUNCILMAN ELECT DOUGLAS IRISH-Questioned if Jim Martin checked out the inventory collerteral for AMG ?
SUPERVISOR CHAMP AGNE- That is my understanding. Noted he has not spoken to Jim yet.
COUNCILMAN ELECT IRISH-Questioned if Mr. Martin would review the inventory again?
SUPERVISOR CHAMPAGNE-Noted he did not know if that would be possible.
COUNCILMAN ELECT IRISH-Regarding the vehicles do we have the titles for those yet?
SUPERVISOR CHAMPAGNE-They are not here yet...we know where they are we know the attorney does have them...
COUNCILMAN ELECT IRISH-Questioned if they have been checked to see if there are any liens?
SUPERVISOR CHAMPAGNE-We do not have them yet so we do not know what to check on. We do not have the
numbers or information so we can further pursue that.
COUNCILMAN ELECT IRISH-On a separate issue in regards to the Hudson River Park apparently there is a problem
with some payments being made to NuTech or request for payments being made?
SUPERVISOR CHAMPANGE-I got a call today as a matter off act, Mr. Auer.
COUNCILMAN ELECT IRISH-Doug Auer and I guess Sharon Simmonds I guess is also involved.
SUPERVISOR CHAMPAGNE-I have not talked to Sharron yet.
COUNCIMAN ELECT IRISH-Apparently some work NuTech wants to be paid for hasn't been completed they have done
some re-figuring I guess and figure that they can release some money.
SUPERVISOR CHAMPAGNE-My understanding is and again only from what I gather from Doug Auer today and I did
speak to Harry Hansen, Harry indicated to me that Jim Miller who is the engineer on the job has recommended that we
give back to NuTech three or thirty five hundred dollars which would reduce the ten percent by that amount, actually we
have ten percent which is by contract at the present time. In order to complete the work that needs to get completed
according to our Architect Jim Miller he is saying it is a matter of seven thousand dollars. Lets use seven thousand dollars
as a example, the other three they would be entitled to, that is his recommendation, that is what Harry Hansen is saying.
They will be meeting again, the Commission will be meeting again to determine how they want to proceed. I have, I have
really no opinion.
COUNCILMAN ELECT IRISH-So, we are not going, so at this point you are not going to make any payments to NuTech
for that until after the
COUNCILMAN GOEDERT-We would not do that without the recommendation of the Commission that is their call.
SUPERVISOR CHAMPAGNE-That's right, that is what I am asking for a resolution from
COUNCIMLAN ELECT IRISH-A resolution from the Commission.
COUNCILMAN MONAHAN-I guess my question would be since the Town Board is responsible for the money has the
Town Board and I know I haven't recently and the bills will be paid through the new Town Board I would think the Town
Board would want to walk that property and see the quality of the work that has been done and make sure that the Town is
absolutely satisfied with it.
COUNCILMAN ELECT IRISH-I think the concern is with the new fields that they put in and problem with not having
them rolled, I do not know, you could not do it now but in the spring they brought a lot offill in down there and if you get
a lot of snow over the winter and it starts leaching through the field. If you release that money to them then we encumber
the cost of repairing it I do not know if that is something iliat we want to do.
COUNCILMAN GOEDERT-Is your information coming from Doug Auer or is it coming from the Recreation
Commission?
COUNCILMAN ELECT IRISH-WeIl, from Doug Auer and Sharron Simmonds.
COUNCILMAN GOEDERT-I would get it from the Recreation Commission.
COUNCILMAN PULVER-But, I also would be very careful because there has been problems right from the very
beginning about the elevations.
COUNCILMAN ELECT IRISH-They went down and had to look, re-survey the fields because they were not level to
begin with. That was because of Doug Auer.
COUNCILMAN PULVER-There was a lot ofponding and puddling on all the courts.
COUNCILMAN ELECT IRISH-Right
COUNCILMAN MONAHAN-I would err on the side of being very conservative as far as releasing payments, and keeping
the town in a good position.
COUNCILMAN ELECT IRISH-I think we have enough trouble going on with AMG and NuTech that we don't need to get
into anything else with them.
MR. JOHN SALVADORE-Resolution authorizing payment to Frasier it is not unusual to write a fix price contract with a
figure to do extra work at an hourly rate, with the extra work being authorized.
SUPERVISOR CHAMPAGNE-Noted there was additional testing that had to be done, there was an additional well put in
and I told them to proceed.
MR. SALVADORE-Questioned who was administrating this contract?
SUPERVISOR CHAMPAGNE-The Supervisor...
CONTROLLER HESS-Reviewed the accounting procedures of setting up an appropriation...
MR. SAL V ADORE-You can authorize extra work but it has a scope, and the scope is paid for at the hourly rate... Re:
Sidewalks, what is the general obligation of this Town to keep sidewalks free of snow.
SUPERVISOR CHAMPAGNE-I am not sure that this town at this point has committed itself to any obligation for
sidewalks. . . we are under obligation under State Highways to clean sidewalks adjacent to those highways, that law was
passed fairly recently.
MR. SALVADORE-Questioned if there are other sidewalks in the town to be concerned with?
COUNCILMAN GOEDERT-Questioned if we replace a sidewalk on Garrison are they not our responsibility to clean?
MR. SAL V ADORE-If you have an obligation you better be prepared to discharge it. . . Questioned when the present
contract for legal counsel expires?
SUPERVISOR CHAMPAGNE-December 31st.
MR. SAL V ADORE-The one that you are talking about does that have a time period? Did you consider going for
competitive bidding?
SUPERVISOR CHAMPAGNE-One year contact... did not go out to bid.
MR. SALVADORE-Regarding prisons being set up in Altimont has this board had any thoughts of supporting those
people.
SUPERVISOR CHAMPAGNE-This board has not taken action on that. I understand that there will be a resolution from
Warren County on that...
MR. SALVADORE-Noted he attended a Lake George Town Board Meeting, a man spoke who was upset with the Glens
Falls Transportation System as it services Route 9, Lake George Village and Bolton.. . not on time, doesn't run often enough
and he is pressuring that Town Board to do more to get more service...
I took the liberty to say we will take it over here. . .
WARREN COUNTY SUPERVISOR ELECT DENNIS BROWER-Re: Contract for solid waste, who is the vendor?
COUNCILMAN TURNER- Wastemanagement...
SUPERVISOR BROWER-Questioned if they were tied into hauling directly to the trash plant?
SUPERVISOR CHAMPAGNE-Yes.
SUPERVISOR BROWER-Fred you were in support of having Queensbury take over the County Roads in the Town of
Queensbury at a rate of 4500 dollars a mile, other towns got 4,000 a mile.. . questioned why that did not go through?
COUNCILMAN MONAHAN-Noted that some costs were not figured in there was a question if the town could do it for
the price with what our costs are..
COUNCILMAN GOEDERT-When you are sitting on this side of the table, our eyes have to go to what is the best interest
of the Town of Queensbury and if Mr. Naylor is telling me that 4500 dollars does not cover the cost of plowing the county
roads it does not cover the costs.
COUNCILMAN MONAHAN-Noted it was a blank check it did not say the number of snow storms...
SUPERVISOR CHAMPAGNE-If we were paid by the number of hours that that truck was on the road plowing county
roads we would have taken that in a minute, ...
SUPERVISOR ELECT BROWER-I would like to thank the Town Board for their service particularly the members that
are leaving us I think you guys served the Town well and believe me we appreciate it. Thank you.
MR. SALVADORE-Questioned if Mr. Naylor asked to show figures for plowing roads?
COUNCILMAN MONAHAN-There were figures...
MRS. BARBARA BENNETT-Spoke about the North Greenbush rezoning... This is the last time this board will meet, I
wanted to say something to each one of you. Carol I think it was a gutsy thing to do to take on an incumbent Supervisor
knowing you might not win and you forfeited you option to run for the board again but you did have two separate terms. I
think you gave it all you had to take the petitions to court so I think you should leave with no ..
COUNCIMLAN PUL VER-I have no regrets.
MS. BENNETT -No regrets knowing that you did what you thought you had to. Connie, in my opinion you are a victim of
mud slinging and false statements which should not have happened, but as you leave if you are still interested in politics
keep the door open because you are still young and we need honest, intelligent independent thinkers and that is what you
have been. Supervisor Champagne I think you should be happy next year because you will have an all male board.
SUPERVISOR CHAMPAGNE-As I said earlier it has been great working with this group and I think we have
accomplished a great deal we got a some things done that I am very proud of having gotten done.
MRS. BENNETT-Ted except for the Supervisor in one election you have gone from newest member of the board to oldest
member of the board. Betty, I first started coming to board meetings when Fran Walter was Supervisor and you were on
the board then was that your first term?
COUNCILMAN MONAHAN-Yes.
MRS. BENNETT -You have been on every board sense so I have never been to a Board meeting when you were not a
member of the board. I think Betty has set some kind of record for service on consecutive boards?
COUNCILMAN MONAHAN-I do not think so, not in years of service...
MRS. BENNETT -You have acquired a vast amount of knowledge and experience and with your attention for detail and
accuracy I think you have probably kept each board out of hot water at least once. I think the board has got kind of used
to depending on being able to tap that knowledge and future boards are going to miss it.
COUNCILMAN MONAHAN-I will not be a quiet spectator, Barbara.
MRS. BENNETT-I think that the Town is better offfor your having served on all these boards and thank you.
COUNCILMAN MONAHAN-Thank you, Barbara.
COUNCILMAN TURNER-Since I am going to be the oldest one back, it has been great working with both of you and you
too who I have known all my life I wish you well in the future.
RESOLUTION CANCELING WORKSHOP MEETING
RESOLUTION NO. 482.97
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 its Workshop session scheduled for
December 22, 1997.
Duly adopted this 15th day of December, 1997 by the following vote:
A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
SUPERVISOR CHAMPAGNE-Invited the new board members and Councilman Tumer to a meeting next week Monday at
7:00 P.M. (all agreed)
Noted January 1st. Organizational Meeting 1:00 P.M. Queensbury Activity Center..
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 483.97
INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss AMG
Litigation.
Duly adopted this 15th day of December, 1997 by the following vote:
A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO. 484.97
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back
into Regular Session.
Duly adopted this 15th day of December, 1997 by the following vote:
AYES: Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES: None
ABSENT: Mrs. Goedert, Mrs. Pulver
RESOLUTION AUTHORIZING TOWN COUNSEL TO COMMENCE
CIVIL LITIGATION AGAINST AMG AND/OR RELATED PARTIES
RESOLUTION NO.: 485.97
INTRODUCED BY: Mr. Theodore Tumer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, the Town of Queensbury (the "Town") received a HUD grant in the amount of $400,000 which the
Town used to loan AMG Industries, inc. ("AMG") $370,000 in August, 1994, and
WHEREAS, AMG has ceased making payments under such loan and currently is being liquidated pursuant to
Chapter 7 of the Federal Bankruptcy Code, and
WHEREAS, based on the Town's investigation of the loan arrangement, certain irregularities have been
discovered, and
WHEREAS, the Town Board of the Town of Queensbury wishes to commence civil litigation seeking restitution
and/or damages for the loss it has suffered,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Counsel to
commence civil litigation against such persons as the Town Counsel determines should be included seeking restitution
and/or damages for the loss the Town has suffered from its loan to AMG Industries, Inc., and
BE IT FURTHER,
RESOLVED, that legal fees to commence the litigation shall not exceed $10,000 without further authorization
from the Town Board, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor and Town Counsel are hereby authorized to take such actions and execute
such documents as are necessary to effectuate this resolution.
Duly adopted this 15th day of December, 1997, by the following vote:
AYES Mr. Tumer, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: Mrs. Goedert, Mrs. Pulver
RESOLUTION ADJOURNING MEETING
RESOLUTION NO. 486.97
INTRODUCED BY: Mrs, Betty Monahan. WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Tumer
RESOLVED, that the Town Board meeting of December 15th 1997 is hereby adjourned.
Duly adopted this 15th day of December, 1997 by the following vote:
AYES: Mrs. Monahan, Mr. Tumer, Mr. Champagne
NOES: None
ABSENT: Mrs. Goedert, Mrs. Pulver
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury
Town of Queensbury