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1998-01-19 REGULAR TOWN BOARD MEETING JANUARY 19, 1998 7:00 P.M. MTG#4 RES#35-48 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER, BOB HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VANDUSEN CONROLLER HENRY HESS PRESS POST STAR SUPERVISOR CHAMPAGNE-Opened meeting. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD MERRILL CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Noted that the following reports are on file in the Town Clerk's Office: Town Clerk's Yearly Report, Water Department Yearly Report, Fire Marshal's Yearly Report. RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF PICK-UP TRUCK FOR TOWN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 35. 98 ITS INTRODUCED BY: Mr. Theodore Tumer WHO MOVED ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, the Town of Queensbury Executive Director of Community Development has proposed to purchase a truck for his department's use for an amount not to exceed $16,400, and WHEREAS, NYS Bidding is not required, since the vehicle to be purchased is under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one Ford Ranger Super Cab XL 4x4 Pick-Up Truck from Genessee Truck Sales in an amount not to exceed $16,400, to be paid for from the Vehicles Account No.: 01-3620-2020. Duly adopted this 19th day of January, 1998, by the following vote: AYES: Mr. Merrill, Mr. Tumer, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION ACCEPTING DEDICATION OF GENTRY LANE LOCATED IN THE BA YBRIDGE SUBDIVISION RESOLUTION NO.: 36. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Tumer WHEREAS, Valente Builders has offered a deed to dedicate Gentry Lane located in the Baybridge Subdivision to the Town of Queensbury, which is more particularly described in the survey map presented at this meeting, and WHEREAS, Paul Naylor, Town Highway Superintendent, Ralph VanDusen, Temporary Water Superintendent and John Goralski, Executive Director of Community Development have recommended acceptance of this road, and WHEREAS, the form of the deed and title to the road offered for dedication has been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of Gentry Lane is hereby accepted and approved and the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which time said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the road be hereby added to the official inventory of Town Highways to be described as follows: Road Number: 518 Description: continuing in That highway (or portion thereof) (or to be known as) Gentry Lane beginning at Bay Bridge Drive and a southerly direction a distance of 400' and .08 hundredths of a mile and ending at a dead end. Name: Gentry Lane Duly adopted this 19th day of January, 1998, by the following vote: AYES Mr. Tumer, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-Questioned the status of the hydrant? TOWN COUNSEL, MR. HAFNER-Noted the deed has been revised to have an easement to allow the town to have access to the hydrant for the extension of the line. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY JAY GROSSMAN AND RICHARD A. GROSSMAN RESOLUTION NO.: 37.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, certain Article 7 real property assessment review cases have been commenced by Jay Grossman and Richard A. Grossman against the Town of Queensbury for the assessment years 1993/94, 1994/95, 1995/96, 1996/97 and 1997/98, and WHEREAS, the Town Board of the Town of Queensbury has reviewed these cases with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to discontinue the 1993/94 and 1994/95 proceedings, to discontinue all of the proceedings with respect to the parcel containing the Wal-Mart Store, known as Tax Map #71-1-3.2, and hereby approves of settlement of the remaining Article 7 cases against the Town of Queensbury by Jay Grossman and Richard A. Grossman in accordance with the following revised assessment values, with refunds and without interest to be paid by the Town: Assessed Proposed Tax Map No.: Year Value Settlement 71-1-3.1 1995/96 $2,603,700 $2,321,500 1996/97 $2,672,500 $2,400,000 1997/98 $2,672,500 $2,400,000 and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 19th day of January, 1998, by the following vote: A YES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Tumer, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY THE GLENS FALLS CEMENT COMPANY RESOLUTION NO.: 38. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, certain Article 7 real property assessment review cases have been commenced by the Glens Falls Cement Company against the Town of Queensbury for the assessment years 1993, 1994, 1995, 1996 and 1997, and WHEREAS, the Town Board of the Town of Queensbury has reviewed these cases with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by the Glens Falls Cement Company in accordance with the following revised assessment values: Tax Map No.: Tax Year: New Assessment: 113.2-4 1993 $10,038,366. 1994 10,038,366. 1995 10,563,366. 1996 10,688,366. 1997 10,688,366" and BE IT FURTHER, RESOLVED, that the settlement shall be without refunds or interest to be paid by the Town, except that refunds, without interest, may be paid by the Town for the 1997 tax year, if necessary, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms" Duly adopted this 19th day of January, 1998, by the following vote: AYES: Mr" Tucker, Mr" Merrill, Mr" Tumer, Mr" Irish, Mr" Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO": 39" 98 INTRODUCED BY: Mr" Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr" Theodore Tumer WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1997 Town Budget be amended as follows: WATER: FROM: TO: $ AMOUNT: 40-8330-4400 40-8320-4500 $ 2,000" (Misc" Contractual) (Fuel Oil/Nat OAS) Duly adopted this 19th day of January, 1998, by the following vote: AYES: Mr" Merrill, Mr" Tumer, Mr" Irish, Mr" Tucker, Mr" Champagne NOES: None ABSENT:None RESOLUTION TEMPORARILY APPOINTING CHRIS ROUND TO POSITION OF ZONING ADMINISTRATOR RESOLUTION NO. 40. 98 INTRODUCED BY: Mr. Theodore Tumer (MOTION WITHDRAWN) DISCUSSION HELD SUPERVISOR CHAMPAGNE-Noted they may want Mr. Round to spend some time with the new person orienting him on those duties. Recommended changing the resolution. COUNCILMAN IRISH-Noted they discussed appointing Mr. Round to the position but didn't recall talking about a salary adjustment. Noted his concern giving him an bump to John's salary as an acting director. COUNCILMAN MERRILL-Noted his concern that he will not be carrying the full responsibility of the position. COUNCILMAN TURNER-Noted he still has to carry out the duties of the person that's left. AFTER FURTHER DISCUSSION IT WAS THE DECISION OF THE BOARD TO DISCUSS THIS IN EXECUTIVE SESSION, MOTION WAS WITHDRAWN RESOLUTION AUTHORIZING TOWN SUPERVISOR TO CONFIRM SALE OF AMG PROPERTY AT AUCTION ON JANUARY 20, 1998 RESOLUTION NO.: 40. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 452.97, authorized an auction of equipment and property of AMG Industries, Inc. ("AMG") that the Town has a security interest in, and WHEREAS, the auction will be held on January 20, 1998 and a Town official must be present at the auction to make immediate decisions as to whether or not the Town of Queensbury will accept the bid and/or sale of each piece of property or equipment, and WHEREAS, the Town Board of the Town of Queensbury wishes to designate Town Supervisor Fred Champagne as its authorized Town representative to confirm or not confirm the sale of each piece of property or equipment at the AMG auction, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Fred Champagne, Town Supervisor, to be the Town's representative at the AMG auction to be held Tuesday, January 20, 1998, and directs Mr. Champagne, in his best personal judgment, to immediately confirm or not confirm each bid and/or sale of each piece of property or equipment at the auction. Duly adopted this 19th day of January, 1998, by the following vote: AYES: Mr. Tumer, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD COUNCILMAN TUCKER-Questioned if the Resolution eliminating the charge of scrap metal at the landfill can be moved tonight? TOWN COUNSEL, MR. SCHACHNER-Noted the resolution has been revised was to be brought up at the last meeting. Mr. Coughlin called him he said he had some reservations that he had talked about with two of the board members. COUNCILMAN MERRILL-Noted he has spoke with Mr. Coughlin and it is his impression he is ready to move on it as it now stands. COUNCILMAN TURNER-Agreed. COUNCILMAN TUCKER-In his conversation with Mr. Coughlin if this doesn't work in six months it can be turned around. THE FOLLOWING RESOLUTION WAS PASSED RESOLUTION ELIMINATING CHARGE FOR DISPOSAL OF SCRAP METAL AT THE TOWN OF QUEENSBURY TRANSFER STATIONS RESOLUTION NO.: 41. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No. 157,94 the Town Board of the Town of Queensbury modified certain rates for disposal of solid waste, including scrap metal, at the Town of Queensbury Transfer Stations, and WHEREAS, the Town Board of the Town of Queensbury wishes to eliminate the charge for disposal of scrap metal at the Town of Queensbury Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the charge for scrap metal shall be eliminated and such items may be disposed of at the Transfer Stations free of charge, and BE IT FURTHER, RESOLVED, that such disposal shall only occur subject to and in accordance with the following conditions: I.No items containing any hazardous wastes or toxic substances shall be disposed of or accepted for disposal. 2.No refrigerators or any other items containing freon or any other hazardous waste or toxic substance shall be accepted for disposal until and unless all freon or hazardous waste or toxic substance has been removed by the persons seeking to dispose of them. Proof of said freon or other hazardous waste or toxic substance disposal shall be submitted to the Transfer Station(s) before the item is accepted for disposal. 3 . Any person or entity willfully disposing of any hazardous waste or toxic substance shall be solely responsible for any and all liability incurred by the Town as a result of such disposal. Duly adopted this 12th day of January, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Tumer, Mr. Champagne NOES: Mr. Champagne ABSENT:None OLD BUSINESS HUDSON FALLS WATER CONRACT TOWN COUNSEL, MR. HAFNER PRESENT Noted in the fall they met with the prior Town Board and the Attorney for the Village of Hudson Falls. At that time the Village of Hudson Falls came back with proposed changes to the draft contract. Noted all but one item had been answered the most significant one was outstanding, has not yet responded to the Village of Hudson Falls. Would like to make sure the current Town Board is in agreement with what the prior Town Board had accepted before contacting the Village of Hudson Falls. Went over the propose changes, explained the prior board decisions they had made to see if the board is in agreement to the propose changes. The most significant of the changes dealt with the River Street upgrade. It was agreed to provide water to the village in two different places. The main way is Quarry Crossing the back up safety feature for them is River Street. The estimated cost of the upgrade is approximately $200,000. The Village asked if the Town would pay for the upgrade or at least part of the cost, noting this is the item that was still outstanding at the end of the year. The proposal that was acceptable by the prior Town Board if it sounded reasonable to the current Town Board it was agreed to split the cost fifty fifty. The reason why it was thought to be acceptable was that the current line on River Street is extremely old. For reasons of water quality the Town Board, Water Department thought it was a good idea to consider splitting the cost. Noted the Village is seeking funds the State Revolving Fund they wanted to have the contract provide that they would pay all of their capital costs within fifteen days of getting the funds from the State of New York. Suggested that would be acceptable that we change the contract that they pay the capital costs within fifteen days provided that the town wouldn't be obligated to expend any money on the River Street line upgrade or to provide any water until the capital contribution was paid in full. The Village asked for a twenty year renewal option this seemed in line with what the town wanted and the Town Board thought that was acceptable. The draft contract provided for five days for the initial flushing of the Villages lines the Village asked for an additional five days for a total of ten days to flush out their lines, noting there is a water quality concern. It would not be paid for directly by the Village, but would be included in the operation maintenance cost of the plant and allocated amongst all the users. They asked the Town to reconsider the ten cents per thousand gallon transmission charge, came to the conclusion that we thought that it was a modest and fair charge and the Town Board recommended no change to that. Under the draft contract with the Village it deals with the future upgrade for the two pumps talked about last week. The Village wanted to be treated like Moreau and there is really no reason why not. The Moreau contract provided a mechanism for sharing the cost for all of us to make contributions towards the day when those pumps will be needed. Town Counsel, Mr. Hafner presented letter written to Attorney Auffredou to Town Board seeking their input. COUNCILMAN IRISH-Questioned what was the original agreement concerning the River Street crossing? WATER SUPERINTENDENT, MR. VANDUSEN-Several different size water lines were looked at. Currently there is an eight inch water line there it has been there for over a hundred years. One of the proposals looked at was putting a sixteen inch pipe in and cost estimates were done for that. Cost estimates were done on a eight inch pipe to replace in time what they currently have. Cost estimates were done on a twelve inch pipe. Hudson Falls Engineer did a hydraulic model of a portion of Queensbury and Hudson Falls and came to a conclusion a twelve inch pipe would be large enough. There original request was for Queensbury to pay what it would cost for an eight inch and Hudson Falls would pay the incremental cost to bring it from eight to twelve. Using their figures the cost of the eight was roughly $187,000 the cost of the twelve was $263,000. They would be paying $80,000, Queensbury would be paying $187,000. Water Superintendent, Mr. Van Dusen recommended to split the cost both municipalities would benefit by it. COUNCILMAN MERRILL-Noted they are being asked to establish a one million gallon reserve capacity. In the case of Moreau they are being equity questioned if this is the case here? WATER SUPERINTENDENT, MR. VANDUSEN-They are being treated exactly the same. They are buying capacity in the plant they don't have any say in how it's..... COUNCILMAN MERRILL-Moreau is asking for... ... TOWN COUNSEL, MR. HAFNER-A reserve capacity of one million gallons. The Village will actually pay the full $1.06 for every gallon of capacity and that is a up front payment they will pay before start providing the water. COUNCILMAN MERRILL-Questioned if there has been a cash flow analysis to determine the benefit to Queensbury? WATER SUPERINTENDENT, MR. VANDUSEN-Have done projections on the advantageous economies of scale. There have been no separate cost analysis done on the effect of installing water pipes. COUNCILMAN MERRILL-Noted he would like to see a cash flow analysis for the life of the contract for Hudson Falls, Moreau, and for Hudson Falls and Moreau together. COUNCILMAN IRISH-Questioned if Hudson Falls has a bigger district than Moreau? WATER SUPERINTENDENT, MR. VANDUSEN-People wise yes, area wise no. COUNCILMAN IRISH-Questioned if they would be paying for only the overhead not the water usage? WATER SUPERINTENDENT, MR. VANDUSEN-They will pay the cost of producing all the gallons throughout the year that would be factored into that. COUNCILMAN IRISH-Questioned if they would be paying for the six million gallons of water they are using? WATER SUPERINTENDENT, MR. VANDUSEN-It would be factored into the cost, they would not pay a per gallon fee. It would raise the cost slightly to everyone across the board. COUNCILMAN IRISH-Noted he has a problem with that. WATER SUPERINDENT, MR. VAN DUSEN-Hudson Falls will be changing the direction of flow in some of their water mains they were concerned it was going to take quite a bit of water to clean it up. COUNCILMAN MERRILL-Noted maybe Mr. Hess can factored that into his analysis. TOWN COUNSEL, MR. HAFNER-Questioned if he should hold off sending the letter? COUNCILMAN MERRILL-Would like to see the finances and how they flow. CONTROLLER, MR. HESS-Will meet with Water Superintendent, Mr. Van Dusen regarding matter. TOWN COUNSEL, MR. HAFNER-Spoke to the board noting that Attorney Auffredou is now the Town Counsel for the Town of Moreau. Attorney Auffredou would like to set up a time to meet so they can go over contractual issues. Asked the Town Board for further direction on this matter? COUNCILMAN IRISH-Questioned if anything has been done with the concerns expressed? TOWN COUNSEL, MR. HAFNER-Noted there were many points of discussion no firm direction was given as to what the decisions were. SUPERVISOR CHAMPAGNE-Anxious to get final document from Moreau that they have agreed to or approved of. TOWN COUNSEL, MR. HAFNER-They had written with some last minute suggested changes before the last board meeting. At the board meeting the current Town Board seemed to have many concerns regarding contract wasn't sure which way board was going noting no firm direction was made. COUNCILMAN IRISH-WouId like to address the concerns raised at the meeting and change the contract to where the board is comfortable with it. CONTROLLER, MR. HESS-Noted concerns were looked at whether we all agreed with the way they came out, the board needs to respond to what was written in those documents and decide, were they looked at close enough and are we willing to live with it. COUNCILMAN TUCKER-Questioned if the financial information requested has a bearing on everything? COUNCILMAN MERRILL-Thinks so. Did raise specific questions there were some minor issues about payment schedule for late payment, thinks this can be addressed without any problem. The major issue is shared responsibility for the pipe under the river and Queensbury's investment in it. Noted he has a problem with a fifty-fifty split. That pipe serves no benefit to the residents of the Town of Queensbury. SUPERVISOR CHAMPAGNE-Understands the problem what's the solution. Asked the board where they want to go with it? COUNCILMAN IRISH-WouId like to sit down and look at all of those issues. Not comfortable with the payment schedules they have, not comfortable with the people in the water district paying for half of the pipe line that they don't get any benefit from, would like to see what Mr. Hess cost analysis is. CONTROLLER MR. HESS-Questioned the criteria he is to use for the cost analysis? Noted they have one for Moreau, thinks it is as good as he can do with the current set of circumstances for Moreau. After further discussion it was the decision of the Town Board to hold a Special Town Board Meeting on January 29th, 1998 for discussion of Moreau Water Contract. DISCUSSION HUDSON FALLS WATER CONTRACT CONTROLLER, MR. HESS-Questioned if the language has changed regarding the capital buy-in? WATER SUPERINTENDENT, MR. VAN DUSEN-Recommended revising it noting the contract was written when the plant wasn't out to bid. It should be revised to say that it is a $1.06 per gallon. Town Counsel, Mr. Hafner noted that Attorney Auffredou understands that this contract was done before the plant was final and that there will be revisions. WATER DEPARTMENT UPDATE WATER SUPERINTENDENT, MR. VAN DUSEN-Made presentation to Town Board Members regarding the Proposed Administration Plan for the Water\Wastewater Departments. After further discussion Mr. Van Dusen noted his goal was to do this by January 31st, 1998, board in agreement. RECREATION COMMISSION SURVEY Discussion held concerning Recreation Commission Survey. Councilman Merrill noted he had a brief discussion with Sharon Simmonds expressed his concern that it might be too detailed might want to take another look at it, recommended the committee meeting with her. Concerned that it missed the big picture are you making use of the facilities. Are you aware they exist. Have you ever received a copy of the rec schedule. Have you ever visited one of the facilities. Supervisor Champagne recommended the Town Board meet with the Recreation Commission. Councilman Turner noted there is too much of a list of items that they don't need. Councilman Merrill noted they don't care if they use the picnic tables or pavilion, do care if they ever received a copy of the calendar, this is more directed to the people that are using them. Would like to see more questions on facilities for the future, neighborhood parks, town beaches. The idea of a survey is excellent they are to be commended for doing it. LAKE GEORGE PARK COMMISSION STORM WATER REGULATIONS COUNCILMAN MERRILL-Noted that Supervisor Champagne and myself met with Carl DeSantis and Michael White of the Lake George Park Commission we indicated establishment of an effective storm water program as a priority item for the new Town Board. Indicated that the Town objective is to develop a regulatory program that will be easy to administer with minimum burden and cost to the property owners. Also, pointed out the need for uniform and consistent town wide policies that apply to all of the water front properties within Queensbury. To accomplish this we proposed issuing an RFP for Engineering Services to prepare a design manual with pre-engineered systems based on best practices that would meet or exceed the standards as contained in the proposed LGPC Storm Water Regulations. The intent would be to provide a uniform approach and to avoid the need for property owners to engage individual engineering services. Regulation would be accomplished by adding specific requirements to existing codes within the town and enforcement would be accomplished through the Town Code Enforcement Office. In addition, proposed the preparation of an educational program and manual for use by Lake Side Homeowners Associations to encourage responsible storm water management on existing properties. Mr. DeSantis and Mr. White were very supportive of the above proposal suggesting that it could serve as the basis for uniform and consistent regulation for all communities on Lake George. Mr. White will arrange a meeting of representatives from the individual community storm water committees to discuss this in more detail. The cost of preparing the design and educational manuals would be shared by all the communities participating. There is a possibility of grant funding should also be pursued. SUPERVISIOR CHAMPAGNE-Commended Councilman Merrill on working with the Lake George Park Commission. Looking forward to putting something together that is going to work. NEW BUSINESS SUPERVISOR CHAMPAGNE-Noted on February 2nd, 1998 Joanna Brunso has scheduled a meeting for the Corinth Road Corridor at seven o'clock all residents living along Corinth Road have received an invitation to this meeting on February 2nd, at the West Glens Falls Fire House. Recommended moving the Regular Town Board Meeting to the West Glens Falls Fire House at six o'clock. The following resolution was passed. RESOLUTION CHANGING LOCATION OF REGULAR TOWN BOARD MEETING RESOLUTION NO. 42. 98 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish To change the location of the February 2nd meeting to the West Glens Falls Fire Department at 6:00 p.m. Duly adopted this 19th day of January, 1998, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Tumer, Mr. Irish, Mr. Champagne Noes: None Absent:None DISCUSSION HELD Discussion held concerning changing the Regular Town Board Meeting from February 16th to February 9th. The following resolution was passed. RESOLUTION CHANGING REGULAR TOWN BOARD MEETING DATE RESOLUTION NO. 43. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Tumer Changing the second Regular Meeting from Monday, February sixteenth to Monday, February ninth. Duly adopted this 19th day of January, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Tumer, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None DISCUSSION HELD COUNCILMAN MERRILL-Spoke to the board regarding letter received concerned naming of the park. Recommended students coming up with a name for naming the park to make a contest out of it. After further discussion it was the decision of the board to make recommendation back to the commission before they meet. TOWN BOARD WORKSHOP COUNCILMAN TUCKER-Spoke with the board concerning Fuller Road noting that some of them want to go ahead and notified the Appellate Division that they would like it viewed on its merits than technicalities to divorce ourselves from the procedures. COUNCILMAN MERRILL-Questioned if they could divorce themselves from them? TOWN COUNSEL, MR. SCHACHNER-Noted Mr. Absess advocated divorcing ourselves from the proceedings, not participating in the appeal. Mr. Schultz advocated participating in the proceedings by notifying the Appellate Division that the Town did not want the case even decided on procedural technicalities that the Town wanted the case decided on its merits. COUNCILMAN TUCKER-Questioned if they have to be involved anymore than suggesting to the courts that they look at it on its merits? TOWN COUNSEL, MR. SCHACHNER-If it was suggested to the court that the case be considered on its merits then the court would impose a duty upon us to tell the court how we think they should rule on the merits. SUPERVISOR CHAMPAGNE-Asked Town Counsel to bring the board up to date on the strategies concerning case in executive session. Would like to know the ramification of whatever the decision they arrive at for the next step. TOWN COUNSEL, MR. SCHACHNER-Thought that the board's consensus was lets wait until we get the plaintiffs briefs to see how they approach the case before we make a decision. TOWN BOARD-Correct. COUNCILMAN MERRILL-Questioned when does he expect this? TOWN COUNSEL, MR. SCHACHNER-It is up to them. MR. ABESS-Spoke to the board regarding Fuller Road noted they have to appeal on the merits of the case even if the Town is out of it because the Rowlands are still pursuing on the Statue of Limitations and the Standings. Have to file the brief and argue that the Statue of Limitations does not prevent the case from being heard. Will go on and tie in the merit arguments with it because they intertwine. Would like to hear from the board that they will not argue the case a written argument or oral argument on the procedural motions, would like to see the board out of it. SUPERVISOR CHAMPAGNE-Noted it is his concern until such time that they have seen the briefs and Town Counsel has brought forth all ramifications need time to make that decision based on what is brought to the table after the fact. COUNCILMAN IRISH-Questioned the role of the Supervisor Committees. Noted his understanding is that they are basically appointed to those commissions as a supervisors appointee. Town Counsel said no we weren't part of the committee, just sitting in. If this is not the case there is no reason why we can't delegate committees or commissions to come in front of the board at a specified time and give report to entire Town Board. COUNCILMAN TURNER-Noted that they are given minutes of the commissions they really don't have to come unless you have a real question. SUPERVISOR CHAMPAGNE-Noted not being a member you have no voting rights, not being a member, during executive session you have no right of sitting in on the meetings. Noted the value of these meetings is for two people to listen in on the meetings noting they do have the right to ask questions. Then you filter this out and bring it back to the Town Board it is an expedite way of the Town Board to be appraised on what's going on in all the different departments. Noted he is willing to listen to the board if they think differently if you feel that it is not in our best interest we can eliminate that. COUNCILMAN IRISH-Questioned if the Town has looked into any kind of a plan to tum over the equipment so they are getting some kind of money back. Noted he thinks they can recover some of the money if they put these out to auction. CONTROLLER, MR. HESS-Noted generally what happens they run the vehicles to the point where they really have very little value, noting they do have a general auction. COUNCILMAN IRISH-Recommended looking into getting rid of the vehicles before they lose their value. CONTROLLER, MR. HESS-Noted they are looking at this before the end of the year he will be putting together proposals for a Fleet Maintenance Program to maintain the fleet to maximize the value. COUNCILMAN IRISH-Recommended looking at different types of vehicles when purchasing. SUPERVISOR CHAMPAGNE-Needs to be a projection for the next five to ten years to determine the value noting he has looked at leasing found leasing not to be cost effective. COUNCILMAN MERRILL-Noted the Land Use Plan Draft will be out to the committee members this week. Committee members are asked to respond in writing will be finalized presented to the board and then public hearings to be held. OPEN FORUM LOU STONE-Quoted from the Sunday edition of the Post Star an article What's Opened, What's Closed for Martin Luther King Jr. Day noting his concern that the Town is one of the few governments in the area that is not honoring this gentlemen, would like to see it change for next year. SUPERVISOR CHAMPAGNE-Noted at the time when Martin Luther King Day was first identified as a national holiday the Town Board at that point was in a process of negotiations with the CSEA. It was arrived at through negotiations that an additional floating holiday would be identified so that the union members got one additional holiday added to their regular days which numbers now somewhere in the neighborhood of twelve, thirteen the problem has been there since that day. We would happily agree to trade that with Martin Luther King Day. MR. STONE-Spoke to the board regarding his concern for what he hears as Queensbury's isolation regarding the Water Plant. COUNCILMAN TUCKER-Trying to get a handle on the contracts. MR. STONE-Have to cooperate with other communities can't go it alone. COUNCILMAN MERRILL-In agreement. Noted his first time through the contract did find problems apparently those problems were recognized before and negotiated away. Wants to make sure it is a positive impact and that we don't get into a losing situation. BOB V ALLARO-Representing Queensbury Baybridge Homeowners Association. Thanked the board and Mr. Goralski for getting Gentry Lane dedicated in the time that it was done. DENNIS BROWER-Spoke to the board regarding correspondence he received from the Assistant County Attorney regarding Bedford Close forever wild green areas updated the board concerning this matter. BARBARA BENNETT-Questioned what kind of chemicals and the amount they are putting in the water. WATER SUPERINTENDENT, RAPLH VAN DUSEN-The chemicals for 1998 are the exact same chemicals they have been using for the last couple of years. Last year for the first time they switched from chlorine gas to a sodium hypochloride solution a mixture of chlorine and water, significantly safer but the active ingredient is still chlorine. This year they have cut the chlorine feed back slightly. The State Health Department mandates they carry at least a 0.2 residual throughout the end of their distribution system. They have cut the residual back at the plant to 1.0 carry approximately a 0.2 at the far ends of the distribution system. They have found with the new filters and the new treatment plant the chlorine is staying longer in the water removing more particulars from the water. When the chlorine leaves the plant it is approximately 0.8, seeing approximately 0.2 at the ends of our distribution system which is the minimum allowed by the State Health Department. MRS. BENNETT-Questioned what it was last year when they started it? WATER SUPERINTENDENT, MR. VANDUSEN-In 1997,1.0. MRS. BENNETT-Asked the board to speak into the microphones because she is hard of hearing. Questioned the dates of the workshops. Spoke to the board regarding moving the Town Board meetings to different locations noting her concern that it would not be good for the public because they will never know where they are. Questioned if they appoint the Zoning Administrator, do they vote on it in open session? SUPERVISOR CHAMPAGNE-Yes. Once they have been through the applications and interviews the appointment will be made here, the rest is made in Executive Session. MRS. BENNETT-Questioned if the Supervisor can appoint anyone without the board? SUPERVISOR CHAMPAGNE-No. MRS. BENNETT-Spoke to the board regarding the rezoning of the parcel ofland across from Aviation Mall, noting that the traffic survey should not be done with the construction of the Aviation Road bridge. Recommended using the survey that was used for Charlie Wood's rezoning. Spoke to the board regarding her concern for the Town not observing Martin Luther King Day. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 44. 98 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one litigation matter, Zoning Administrator position, Ethics Board, Planning Board applicants. Duly adopted this 19th day of January, 1998, by the following vote: Ayes: Mr. Tumer, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 45. 98 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 19th day of January, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Tumer, Mr. Champagne Noes: None Absent:None RESOLUTION TEMPORARILY APPOINTING CHRIS ROUND TO POSITION OF ZONING ADMINISTRATOR RESOLUTION NO.: 46. 98 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, John Goralski, Executive Director of Community Development, has resigned effective January 23, 1998, and WHEREAS, Mr. Goralski is also the Town's Zoning Administrator, and WHEREAS, the Town Board of the Town of Queensbury, by virtue of Local Law, may assign or delegate the position and duties, responsibilities and authority of the Town Zoning Administrator to any qualified employee or officer of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby temporarily assigns or delegates the position and duties, responsibilities and authority of Zoning Administrator to Code Compliance Officer Chris Round effective January 24, 1998, and BE IT FURTHER, RESOLVED, that Mr. Round shall hold said position of Zoning Administrator on a temporary basis until further notice from the Town Board, and the Town Board further authorizes and directs that Mr. Round's salary be adjusted by adding an additional daily stipend of $45.98 for each working day until the Town Board appoints someone new to the position and/or Mr. Round's temporary appointment is withdrawn by the Town Board. Duly adopted this 19th day of January, 1998 by the following vote: AYES: Mr. Merrill, Mr. Tumer, Mr. Tucker, Mr. Champagne NOES : Mr. Irish ABSENT:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 47. 98 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves back into Executive Session. Duly adopted this 19th day of January, 1998, by the following vote: Ayes: Mr. Tumer, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 48. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 19th day of January, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Tumer, Mr. Champagne Noes: None Absent: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted,