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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