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1998-02-09 REGULAR TOWN BOARD MEETING FEBRUARY 9,1998 5:30 p.m. MTG.#7 RES. 62-73 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN OFFICIALS MR. HENRY HESS - TOWN CONTROLLER MR. RALPH VANDUSEN - WATER SUPERINTENDENT RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 62.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to conduct interviews for the Zoning and Ethics Board. Duly adopted this 9th day of February, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None INTERVIEWS CONDUCTED RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 63.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back into Regular Session. Duly adopted this 9th day of February, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER PUBLIC HEARINGS - NONE CORRESPONDENCE-NONE TOWN COUNCILMAN'S COMMITTEE REPORTS Councilman Merrill - Reported the following: Councilman Irish and myself met with the City of Glens Falls Common Council on Thursday February 5th proposed: a. formal liaison with Glens Falls to discuss matters of mutual concern: Traffic lights, Coles Woods, Economic Development from a Regional standpoint, water both short and long term, shared services, traffic management, proposed to establish a non political citizens committee to formulate a long term vision of what the Town and City should become. It did receive favorable reception from the Mayor and I have had a call from one member of the council.. . Storm Water Committee-read a letter from Michael White dated 2-2-98 the Lake George Park Commission is coordinating a storm water technical manual an educational brochure ... for minor projects. . . an adhoc committee will meet February 12th at 2:00 P.M. at the Commissioner Office in Lake George to outline the manual for a potential contractor. . . requested that Chris Round be at that meeting. Comprehensive Land Use Plan-Draft completed and passed out to the members of the committee and they in turn will return their comments in writing by mid February, Sue Cipperly will pull it together and issue a formal plan to the Town Board for our approval and after that we will hold public hearings... Councilman Theodore Turner- Pine View Cemetery Addition-tentative date of completion is February 17th. OPEN FORUM RESOLUTIONS MR. JOHN SAL V ADOR-Re: Arbitration - Wunderlich questioned if Mr. Flaherty has a conflict of interest? SUPERVISOR CHAMPANGE-He is there to protect the town... TOWN COUNSEL SCHACHNER-The engagement of Mr. Flaherty would be as directly the opposite ofa potential conflict of interest as anything I could imagine. MR. SALVADOR-Questioned the nature of the dispute and why the arbitration? TOWN COUNSEL SCHACHNER-Wunderlich is a contractor that was awarded a contract to lay pipe under the northway, water pipe, they ran into some difficulties and under the contract the town with held a bunch of money, Wunderlich was also late and the town alleges there are damages due for delay completion of the job and under the contract that was entered into the contact had a mandatory binding arbitration provision. MR. SAL V ADORE-Who was the clerk of the works? SUPERVISOR CHAMPAGNE-Clerk of the works was from O'Brien and Gere. RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT WITH WASTE MANAGEMENT FOR COLLECTION AND DELIVERY OF SOLID WASTE RECYCLABLES RESOLUTION NO. 64.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, by Resolution No. 470.97, the Town Board of the Town of Queensbury awarded 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 an agreement was entered into between the Town and Waste Management, and WHEREAS, recyclables were to be hauled and disposed of by Warren County, but Warren County will no longer haul away and dispose of recyclable materials for the Town of Queensbury, and WHEREAS, based on the experience of James T. Coughlin, Solid Waste Facilities Operator's experience, the expected cost for such service is expected to total far less than $20,000 for 1998, and WHEREAS, Mr. Coughlin, after due investigation, has recommended that the Town of Queensbury enter into such an agreement for 1998 to provide for the collection of recyclables, as and when collected at the Town of Queensbury Transfer Stations located off Ridge and Luzerne Roads in the Town of Queensbury and disposing of such recyclables by delivering them to a location that accepts such recyclable materials that is approved by the New York State Department of Environmental Conservation, and WHEREAS, Waste Management desires to enter into an agreement to provide for the collection and disposal of recyclable, and WHEREAS, an agreement is presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby approves of the Recyclable Agreement presented at this meeting between the Town of Queensbury and Waste Management providing for the collection and disposal of recyclables and the payment to Waste management of $72.00 per collection and disposal and hereby authorizes and directs the Town Supervisor to execute the Recyclable Agreement. Duly adopted this 9th day of February, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-Noted that Warren County is no longer handling this material it is up to the town to hire its own truckers... RESOLUTION AUTHORIZING RETENTION OF SERVICES OF THOMAS FLAHERTY REGARDING WUNDERLICH ARBITRATION RESOLUTION NO.: 65. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is presently involved in arbitration with Joseph R. Wunderlich, Inc., relative to Wunderlich's contract to lay water pipe under the Northway at Gurney LanelExit 20, and WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of former Town Water Superintendent Thomas Flaherty to provide consulting expertise to Town Counsel on behalf of the Town of Queensbury for conclusion of the arbitration, and WHEREAS, Thomas Flaherty has offered to provide the necessary services to the Town for an amount of $40 per hour and it is estimated that Mr. Flaherty's services will amount to approximately 5 to 10 hours, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Thomas Flaherty for the amount of $40 per hour, up to a total amount of $400, and further authorizes and directs the Town Supervisor to sign any necessary agreement for the services, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from the Miscellaneous Capital Construction Account No: 98-8340-2899. Duly adopted this 9th day of February, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT None RESOLUTION RETAINING COYNE TEXTILE SERVICES TO PROVIDE TOWN OF QUEENSBURY UNIFORM SERVICE NEEDS RESOLUTION NO. 66.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER DISCUSSION HELD: Controller Hess-recommended some discussion on the contract an issue in collective bargaining .. . needs to be done in Executive Session... Motion withdrawn by Councilman Turner and Councilman Tucker RESOLUTION HIRING TEMPORARY EMPLOYEES IN THE TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 66.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Queensbury Town Assessor has requested the employment of a temporary, part -time Appraiser and a temporary, part-time Data Collector in the Town Assessor's Office for an approximate time period of sixty (60) days due to lost work time by the former full-time Data Collector, now out on disability retirement, and WHEREAS, the Town Board of the Town of Queensbury has considered the Assessor's request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the hiring of Howard Bluege as a part -time, temporary employee in the position of Appraiser at the rate of $10 per hour, not to exceed 24 hours per week, and Bob Casey as a part -time, temporary employee in the position of Data Collector at the rate of $10 per hour, not to exceed 32 hours per week, with proposed starting dates of February 10, 1998 for an approximate sixty (60) day time period, and BE IT FURTHER, RESOLVED, that salaries for these employees shall be paid for from Account No. 01-1355-1002. Duly adopted this 9th day of February, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Assessor Helen Otte-Noted that the data collector in the office is out on sick leave, noted from this past September on he was unable to be out in the field, in a year he would process four hundred building permits. . .. spoke to the board regarding the increase in the work load due to the new Star program..requested to hire two individuals for a limited time, six weeks or less, one a data collector and one an appraiser to do some evaluation on the new construction...I have a dead line of March 1st as taxable status day with the date of April 1st to complete the evaluations and get the roll to the county for the 1998 tentative assessment roll. . . I have the funds available in the budget so I am not requesting additional funding for them. . . Councilman Tucker-Will you fill this position permanently? Assessor Otte-yes... I want to re-write the job description, up grade it to data collector, appraiser with an eye to the future re-val in the town, I would advertise in April to fill the position in Mayor June with a full time person. Councilman Irish-Questioned the Assessor on the Star Program, asked that an ad be placed in the paper to specifically tell people what items are needed to apply for the program... Assessor Otte-noted there has been a lot of conflicting information, will place an ad as soon as possible. . . deadline will be March 2nd. Vote taken. RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 67.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, pursuant to ~9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Controller to temporarily advance funds to the capital project fund as needed, up to the maximum amount indicated, as set forth below: FROM: TO: $AMOUNT Queensbury Water Fund Expansion - Capital Project Water Treatment Plant $150,000. and BE IT FURTHER, RESOLVED, that the Town Controller shall keep suitable records and arrange for the repayment of the temporary advances as soon as available. Duly adopted this 9th day of February, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADVANCE PAYMENT TO THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 68.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. FRED CHAMPAGNE WHEREAS, the Town of Queensbury has previously established a Fire Protection District within the Town and has provided for fire protection therein by contracting with the Town's five (5) fire companies, including the West Glens Falls Volunteer Fire Company, Inc., and WHEREAS, the Agreement between the Town of Queensbury and the West Glens Falls Fire Company provides for a payment from the Town to the Fire Company in the amount of $273,800 payable on or about March 15, 1998, and WHEREAS, the Fire Company has requested that the Town advance payment in the amount of $20,000 so that the Fire Company may meet their mortgage obligation and other cash needs between March 1st and March 5th, and WHEREAS, the Town Controller has reviewed the Fire Company's request and has requested that the Town Board authorize the advance payment, which will be applied to the Fire Company's contract payment due on March 15th, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the advance payment of $20,000 to the West Glens Falls Fire Company, Inc., to be applied to the Fire Company's contract payment due March 15th and the Town Board further authorizes and directs the Town Controller to make the necessary arrangements to advance said payment. Duly adopted this 9th day of February, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Supervisor Champagne-The payment is made to the fire company in the middle of March, with the new fire house they have a mortgage payment due between the first and the fifth of March, they are asking for a twenty thousand dollar advanced payment in order to meet that obligation. . . Councilman Merrill-this represents an early payment by the town which will avoid late charges for them... Controller Hess-Noted that we will be deducting the twenty from their check on the fifteenth. . . Councilman Irish-In ten months I do not want to get into a situation where we have got to advance them money again. Supervisor Champagne-that is not going to happen. Vote taken. PLANNED DISCUSSIONS OLD BUSINESS NONE NEW BUSINESS COUNCILMAN IRISH-Regarding signs: notified by constituent that the Michaels Group is attaching signs to telephone poles regarding Leland Estates on West Mt. Road... .also the Prospect School has put up no parking signs on Mt. View Lane asked Chris Round to check into these complaints. . . CHRIS ROUND-ZONING ADMINISTRATOR-Will look into both issues... COUNCILMAN IRISH-Lorrie Matusick questioned portion of Big Boom Road that has not been paved.. MRS. MATUSICK-Spoke to the board about the situation where in a school bus got stuck... paved portion of Big Boom road is sanded but the unpaved section is not. . . on going problem, Mr. Naylor is aware of the problem, we are endangering the children. . .it is the only dirt road in the Town of Queensbury that a Queensbury School bus travels on ... SUPERVISOR CHAMPAGNE-Noted he had spoken with Mr. Naylor 1. You should be seeing some cleaner sanded roads there... 2. ... I got the impression that he is ready to pave that road once the traffic was relieved from the trucks working on the bridge... Noted that Mr. Goedert is concerned about this... COUNCILMAN IRISH-Questioned if we could get a letter from Mr. Naylor that says he is going to pave that this year? If he is not going to pave it, then I think we as a Town Board should probably bid it out...I do not have any problem going with an outside contractor if he does not want to do the job. We allocate so much money for him to pave the roads if he is not going to pave the roads that need to be done in the town then we will get somebody else to do it with his money. SUPERVISOR CHAMPAGNE-Mr. Naylor has authority over the roads, whether the Town Board could usurp that power or not I guess I would have to refer that back to counsel. TOWN COUNSEL SCHACHNER-Once you have allocated a certain amount of money for a given year for a road paving he has got that money to use as long as he uses it for a lawful legitimate public purpose of paving public roads. COUNCILMAN IRISH-Questioned if the money could come from the general fund if he refuses to do it, any fund, is it in our power to bid that type of job out? TOWN COUNSEL SCHACHNER-We have general authority to do things like that, I would have to look more closely. . . COUNCILMAN TURNER-Questioned when the bridge would be done? COUNCILMAN TUCKER-Should finish this, this summer... . announced that Lorrie Matusick is my daughter, there are some potholes down there I think with some item four taken down there and fill the holes and an effort was made to sand this road so that the school busses could do what they normally supposed to do that, that would take care of the problem for now. SUPERVISOR CHAMPAGNE-We can go to Mr. Naylor and make this request and either it meets to your satisfaction or it doesn't, if it doesn't then I guess what I hear at least two members of the board say, that if the general fund can support and maintain, repair of that road if that what the attorney comes back. . . COUNCILMAN TURNER-You cannot do anything until the weather gets warmer...we can fill the pot holes and sand the road. . . again if they are going to run heavy trucks over it we do not want to put a brand new road in there until they are out of there. SUPERVISOR CHAMPAGNE-That same road gets us down to the park by all means there will have to be an improvement there. COUNCILMAN MERRILL-Memo from Town Historian Marilyn VanDyke-Re: Civil War Monument Restoration requesting the town purchase a plaque to be owned by the town and placed on the monument replacing the existing plaque.. . question arose if the Town can participate.. . price of plaque $4,750. TOWN COUNSEL SCHACHNER-It looks like we could participate in funding for the plaque, ... we would have ownership interest in the plaque and as owners we could participate financially. . . will confirm this and have a resolution ready for March 2nd. COUNCILMAN TUCKER-Questioned Chris Round-when a developer approaches the Town for a development is he told what his engineering costs will be to get the project approved? ZONING ADMINISTRATOR CHRIS ROUND-Disclosure is part of the site plan, subdivision application forms, they sign off as part of the application that any engineering fee above $1000. requires notification by the Town and the engineer.. .so they are authorizing engineering fees up to $1,000 to take place.. . that is the only notification that, they receive unless it exceeds $1,000. SUPERVISOR CHAMP ANGE-Noted that an issue has come up with the developer that was charged $110. per hour for engineering services, and he felt that was exorbitant. . . there is reason to take a look at this I think we may be at a point where we may need to re-advertise and re-bid that activity out to other .. . engmeerIng servIces. . . COUNCILMAN TUCKER-Spoke to the Board regarding a library in Queensbury, we have an opportunity to pick up 9 Y2 acres ofland that borders Queensbury School for $20,000. Noted this parcel is owned by Mr. Zoli... Noted that the School is interested in this parcel also, they would have to go to referendum, Mr. Zoli noted that this property in May would be $50,000 to the school district. If the town purchases the property for a potential library site and it is not used we can sell it for surplus property to the school district for what we paid for it or bring it into our park system as recreation... SUPERVISOR CHAMP AGNE- The school board has a serious interest in that property. COUNCILMAN MERRILL-I am a member of the Crandall Library building committee we are looking at a major expansion to the library facility down town, I met with the Trustees and expressed Queensbury's interest in establishing a satellite as part of the building expansion, a number of years ago there was an interest in the Town of Moreau for a satellite.. ..the trustees did pass a formal resolution as part of the building expansion we will be considering a satellite for both Moreau and Queensbury. Something in the order of 10,000 square feet in Queensbury. .. As far as the library is concerned it is in the hands of the trustees and the building committee at this point, it will be their responsibility to select a suitable site. The property is adjacent to the School, our concern is traffic going into the property and also that it is land locked it would have to be a cooperative effort with the Board of Education to make this happen. Three possibilities for use: a. acquire it for town recreation b. purchase it with option to eventually transfer it to the school c. as a library, that is only one of many sights that would be considered. COUNCILMAN TUCKER-It would give us leverage if we do have a site owned by the Town of Queensbury ...in six years belonging to the Library dist. Queensbury's share is 2.1 million dollars.. .1998 budget averages out to 1116.33 a day Queensbury's share... COUNCILMAN IRISH-Suggested the possibility of acquiring some of the Bryant property for access... to the site behind the School... RESOLUTION TO PURCHASE LAND FROM MR. ZOLI (DEFEATED) RESOLUTION NO. 69.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish I would make a motion that we go ahead and purchase this piece of property off Ted Zoli Twenty thousand dollars for nine and a half acres. The following vote was taken on February 9th 1998: AYES: Mr. Irish, Mr. Tucker NOES: Mr. Merrill, Mr. Turner, Mr. Champagne ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Merrill-My concern is access and I think we have got to go through the Queensbury School Board to resolve that issue. Supervisor Champagne-Spoke to the Board regarding the financing of the property: $20,000 out of contingency ..Controller Hess - reviewed with the board how and when surplus funds and fund balance become available... Town Counsel Schachner-As a municipality we are not allowed to be real-estate speculators, if you have a specific public purpose in mind for example recreational purposes that is legitimate ..there are funding mechanism that will enable us to do that, library is sticky because we are part of a special legislative district because we are one of the three municipalities that by NY State Statute participates in the Crandall Special Dist. we cannot lawfully go out and buy land for use as a library with a bunch oft crossing and i dotting involving that entity. Discussion held regarding removal from the Crandall Dist. . .. Councilman Merrill noted we would have to have the approval of the NY State Library Board, Regents and Act of the legislature... difficult to do. There is nothing I would like to see better than a Crandall Library Satellite on that site of land but I do not see how we can buy that property, I think it has to be up to the trustees of Crandall Library... Supervisor Champagne-The Recreation Commission met with the School Board and there was discussion regarding that property for the purpose of moving the tennis courts to that area and for that area out in front to be more available for skating ... Talked with Mr. Zoli and was advised he is interested in selling the property the price tag was the same to the school as it was to the town. . . his goal to sell the sooner the better. . . I do not believe that is the appropriate place for it, it is landlocked you would have to get an easement from the School Board, the other glitch is adding to the traffic and going through a group of kindergartners to fourth graders to get to that property, I do not see it as a viable location for the further growth of Queensbury library. . . I think Queensbury should have a library, where, I think we need to look at all Town and County owned property in the Town and two maybe there is a donor out there that wants to gift to the library district, there are so many options that have not been investigated. VOTE TAKEN COUNCILMAN IRISH-Requested that the Town Counsel investigate how to get out of the Crandall Library district. . . by the next meeting in March. SUPERVISOR CHAMPAGNE-February 23rd. Greater Glens Falls Transportation council will be holding a meeting here at 7 :00 P.M. to discuss the service road that is being proposed by the Municipal Center... TOWN BOARD WORKSHOP CODE ENFORCEMENT ACTION APPEARANCE TICKETS Zoning Administrator Chris Round-The proposed local law is to enact an appearance ticket mechanism to designated officials of the town so that the code enforcement officer, building code officers etc. to initiate criminal actions against individuals in violation of the Town Code. It is another method in addition to some of the methods we already have at hand to initiate a criminal action. Specifically a criminal action is served by Town designated representative or an individual working on behalf of the town courts. If you serve an individual with this appearance ticket similar to a traffic violation ticket it allows the individual as a site violation to issue this appearance ticket at the time the violation occurs. The purpose of this is that a lot of times people that when they are served violations won't acknowledge or will not receive a criminal summons so this allows the individual whether it is a building code enforcement officer or zoning code enforcement person to do it right there on spot and initiate a criminal action. SUPERVISOR CHAMPAGNE-Need a resolution... TOWN COUNSEL SCHACHNER-Have a resolution on March 2nd. Setting the pubic hearing for March 16th... ADULT ENTERT AINMENT LAW ZONING ADMINISTRATOR ROUND-Spoke to the board regarding the Adult Entertainment Law which expired on January 31st.. . reviewed with the board various options, extending the moratorium, issuing a new local law on adult entertainment or land use controls through zoning. . . overlay zones. . . COUNCILMAN IRISH-Questioned if a local law was passed on Adult entertainment, wouldn't there be existing non conforming use with the video broker? ZONING ADMINISTRATOR ROUND-You would have several locations which would be existing non conforming uses. . . COUNCILMAN IRISH-Suggested controlling it through Zoning... unless it is excluded it completely from the town, I do not think that would fly. . . SUPERVISOR CHAMPAGNE-Asked that copies of the Adult Entertainment law be given to each board member for their review. . . and take another look at it. (LL#2 1997) COUNCILMAN IRISH-Questioned the wording of Adult Video Store when some stores only a portion is used for Adult Videos, what can be done in that case? ZONING ADMINISTRATOR ROUND-Noted he felt the law would cover that... COUNCILMAN IRISH-I would just as soon scrap this whole thing and let the constitution do its work...I believe we do need to do something with zoning or local law to eliminate it from the uses in the town or create a specific place that these places can be built. TOWN COUNSEL SCHACHNER-The most defensible position is to allow them in certain limited zones. COUNCILMAN MERRILL-I would suggest that we extend the moratorium until we can sort this out. TOWN COUNSEL SCHACHNER -You can re-enact it. . . by public hearing and resolution process. . . SUPERVISOR CHAMPAGNE-Requested a copy of the Wilton Law be given to the board members and our own ... COUNCILMAN MERRILL-Requested that Chris Round also take a look at what zones would be appropriate. . . . ZONING ADMINISTRATOR ROUND-Suggested overlay zones... WATER BILL PENALTY WATER SUPT. VANDUSEN-Questioned the Board on how to handle penalties that are caused by those that claim they have not received their bills. . . . RECEIVER OF TAXES DOUGHER-Read from the Section 922 of the Real Property Tax law it states that failure of the property owner to receive a tax bill shall not in any way effect the validity of the taxes or interest prescribed by law. . . now if we start showing one way for one and another way for doing another your going to have one mess..it is your responsibility as a tax payer and as an owner of property in the town to know when your bills are due, we make our best effort through the postal system which is our only viable source to get the bills to you... There has to be some continuity here we have a law on the books for regular tax bills, Town, County and School I would like to see that carried on through to all of them. TOWN COUNSEL SCHACHNER-Noted he spoke with the Water Supt. and we could legally give him the authority to waive but my advice is not do that. . . WATER SUPT. VAN DUSEN-the most important thing is consistency whatever we do in one instance that it is done all across the board... BOARD AGREED TO NOT CHANGE THE POLICY, Unknown-Requested that an ad be placed in the paper listing the dates water rents are due.. WASTEWATER AT AVIATION ROAD BRIDGE SUPERVISOR CHAMPAGNE-Noted by the Attorneys indicating that it is an illegal act on the part of the town to process, to invest, a nickel in order to put infrastructure in place now that would prevent further excavation or digging up what is being put in there new today if and when the school, John Burke, Armada Inn chose to come on board and the sewer district it would be my suggestion it is done, we cannot do it. . . MOREAU WATER CONTRACT CONTROLLER HESS-Passed out to the Town Board a proposed water contract with Town of Moreau.. . Plant Capacity Buy In-last week dealing with 39 Y2 cent capacity buy in over a twenty year period to pay the difference between the 360,000 and the 530,000, the idea came about that .51 million gallons a day value to that 540,600 dollars, put that in as a cash purchase, rather than sell the balance on installment payment plan with interest the idea came up to sell 24,500 gallons per year on an installment sale bases, receiving it as you get it for 25,970 per year without interest. That results in a cost of .2372 per thousand gallons. . . over a period of twenty years would buy in the addition four hundred and ninety thousand dollars the cost of 519,400. The second area, the river crossing. . .last week we talked about sharing the cost of that fifty what we did this week we took the 621,000 in cost, Moreau's capital advance rather than 310,500 it would be 269,900 capital advance calculated by taking the original amount that had been planned as a capital infusion which was eight ten five, deducting the five forty six so you are dealing with the same total dollars. Using five hundred and forty six dollars for capital plant buy in the balance of two hundred and sixty nine thousand nine hundred the river crossing with Queensbury financing the balance on similar terms of what I talked about prior. At 5.25% interest it would require a quarterly payment to finance that of seventy thousand two hundred and eight dollars. The amount left over from the fifty cents per gallon that had been dealt with if you take fifty cents per gallon and deduct the twenty three and three quarter cents you get twenty six and a quarter cents is left. If you apply that twenty six and a quarter cents to the river crossing you cover all but fourteen dollars a quarter with interest covering the water crossing. It is a balancing act, in this proposal you would be not financing the plant capacity buy in you would be selling it on an installment basis and financing the river crossing and for fifty cents per thousand gallons covering the cost of both. The third area is the transmission costs and there is a page in the back that explains or lets you deal with the adequacy of five cents per gallon that was what was negotiated before and what was talked about before and that is in here at five cents per thousand gallons and then the final number is seventy eight forty four which is the estimated production cost. When you get to the bottom of the page you can see that the original proposal that we were dealing with for a number of months was one dollar and thirty three cents approximately per thousand gallons, the proposal we dealt with last week was one dollar forty one and a quarter cents and the one we are back with this week is the same number a dollar thirty three forty four. It was accomplished by taking the allocated, really in effect financing the plant capacity buy in a different way. We are selling it in installment basis rather than financing on an installment basis without interest. SUPERERVISOR CHAMPAGNE-We eliminated I guess the five and a quarter percent interest on the half a million dollars or half million gallon buy in we are not financing it now they are paying as you go so that every year at this 1.33 they are buying twenty four thousand and some odd gallons of water ... CONTROLLER HESS-Twenty four thousand five hundred gallons of water a year, the only risk you see in that is if they run into an excessive usage there is no evidence that is going to happen based on projections that are out there. It could conceivably happen but I have no basis on which to estimate that will ever happen. .. SUPERVISOR CHAMPAGNE-But if that should happen lets take a for instance here if that should happen they get to six hundred thousand gallons between now and five years from now then obviously the contract should have some kind of a zipper clause in it that we should take a look at. CONTROLLER HESS-That would have to be after four years, within four years they would have that capacity but if they ever exceeded the contract, there is two ways. One is to come in and buy the extra capacity at that time for cash secondly is to pay the excess right now there is a provision in the contract for eighty five cents per thousand gallons excess fee they could pay that for any excess usage and the third alternative is right now we are dealing with a town, that we are dealing with a twenty to forty year contract with gallonage project of only three hundred thousand gallons a day. That is the only projection and guarantee in the contract for a full forty years. It is very hard to make favorable financial projections based on such a small percentage. If in fact they do start selling six hundred thousand gallons within the next few years it changes the forecast, I am sure we could take the contract back re-evaluate it and if the board wanted to look at it at that time and re-negotiate it that is an option the board would have. There would be a basis for doing it at that time. Based on the estimates we are dealing with now and the projections for water usage there is no basis on which to do that. At that point you would have now just future estimates of higher water usage you would actually have evidence of higher water usage and that might be a reason to open the contract at that time and re-negotiate it. There is a page in here that we did not deal with last week, and most of the pages are very similar you can ask questions about them and there is a page in here for transmission. A couple of weeks ago I had made a brief presentation to some of the board members on this, I would just like to mention again. It has to deal with the five cents per thousand gallons. That is a fixed charge for forty years. We make a point on here to has the value on that for the first year based on three hundred thousand gallons is fifty five hundred dollars basically a year without an inflation factor without indexing that in any way keeping that flat at five cents over a period of twenty to forty years. The value of that payment decreases to a point where it really doesn't cover any costs. So, the top half of this page shows you the effect of the depreciating value of that money the bottom half of the page really shows you in effect you have to place your own value judgment on that as to whether the five cents as to what degree your expenses are really being covered for five cents anyway. We used the number and I did not change these numbers from my projection a couple of weeks ago but if you take the total budget for transmission and distribution of six hundred and three thousand dollars and exclude the six items that are here and I am not sure why at all excludable but if you arbitrarily take and exclude that which includes a great deal of the payroll exclusion and deal with what is left you are really collecting about three point four percent. The fifty four hundred dollars represents about three percent of your costs for approximately nine percent of your water sales. If you take nine percent of your water sales and multiply it times that small percentage of costs you really, you would be collecting around thirteen and a half cents. So, I just bring the nickel and the question because if you have to re-evaluate any portion of the contract that is one that deserves it. SUEPRVISOR CHAMPAGNE-What is our plan, we take this proposal and we move it over to Moreau and have them take a look at it? COUNCILMAN TURNER-Yes. COUNCILMAN MERRILL-Well, Henry and Ralph have put in a lot of hours on this and very professionally, especially Henry, I know you have spent many hours out side and so has Ralph and I think that they have done an excellent job structuring this. Basically Moreau would be paying for the river crossing and it would be Moreau's responsibility. We had a meeting with Tony Geiss from O'Brien and Gere who did the engineering estimates and he strongly recommended that service begin at the meter on Queensbury shore. I think that removes the split responsibility I feel that certainly there are differences of opinion with the split responsibility and misunderstanding leads to litigation so I think from my stand point that has been addressed here and the other question Henry, what do you see as the payback? Or the benefit to Queensbury? CONTROLLER HESS-On this proposal the measurable benefit comes on production costs. COUNCILMAN MERRILL-When do we start seeing that? CONTROLLER HESS-Using this model you will see approximately a nickel payback for all Queensbury users in the first year. COUNCILMAN MERRILL-So, we have a demonstrated benefit that we will pass on to the Queensbury users. CONTROLLER HESS-Yes, the first year. SUPERVISOR SUPERVISOR-When you say a nickel for the Queensbury user and we are looking at eighty four cents, here I go back to that production cost that is what we are talking about now is that same nickel going to be reflected back from the production costs or do I see it at the faucet? We are not backing off the eighty four cents, seventy eight cents or whatever the number is. CONTROLLER HESS-That is what we are saying, the production cost, the controller does not set the water rates that is set in the water department, but the, assuming they settle on production costs and that is a major factor production costs projected at eighty four cents at Queensbury usage they are projected at seventy eight cents with a combined usage. So, that would lower the production cost approximately a nickel. About five and a half cents, and that is theoretically a savings that could be shared with all water users in the first full year of operation. Based on usage every year after that. If you use that, with that gallonage, year you would see every year, that is under our current costs. COUNCILMAN IRISH-Under the original contract when would that happen? CONTROLLER HESS-Under the original contract, there was never an original contract, COUNCILMAN IRISH-Under the proposed, do you have that as original? CONTROLLER HESS-Under original proposal we were going to allocate that money back to cover Queensbury's share of the river crossing. COUNCILMAN IRISH-so we wouldn't have been able to show that to the tax payer for twenty years. CONTROLLER HESS-It is my belief, no it is my belief that it would taken, we did not calculate out because it never came in a form of a contract, but it looked like it was going to take somewhere between three and six years to cover that before you see any, reduction of water rate. It did not effect the wealth of the district. SUPERVISOR CHAMPAGNE-Any other questions? COUNCILMAN TUCKER-I have got a question, on an action that was taken by this board what, two weeks ago for Mr. Schachner, there was a resolution passed to spend one hundred and forty thousand dollars to run the pipe down Big Bay Road, am I correct? COUNCILMAN IRISH-There was a consensus taken, I am not sure COUNCILMAN MERRILL-Not a resolution COUNCILMAN TURNER-Not a resolution. SUPERVISOR CHAMPAGNE-It was agreed upon... by the majority of the board, that we pay for that. COUNCILMAN TUCKER-My question is the same problem that we had with this sewer district, a lot of this money is going to be spent outside of the water district at the end of Big Boom Road. What kind of action has to be taken to make that all legal? TOWN COUNSEL SCHACHNER-I do not want to get caught in the same mind I was earlier, Pliney, my partner is handling this on your behalf I talked about this with Fred earlier today, he said Bob did not need to be here I do not want to tell you something and then have you come back to Bob and say Mark said such and such. I will answer that question for you tomorrow is that ok with you. SUPERVISOR CHAMPAGNE-My understanding is that we will have to establish a district down through there, right? More than likely Pliney, we would have to take an easement, right of way there would be an area that might be only thirty feet wide twenty feet wide. There maybe a district that goes around the town recreation building there to get water down there. COUNCILMAN TUCKER-This is something that should be in the works right now, I mean here we are talking about signing the contract Moreau is urgently awaiting for this water and we got to establish a water district or an extension to a water district and that may take some time. SUPERVISOR CHAMPAGNE-There has been some discussion and I guess what you see as taking time and what others of us see as taking time other than the easements Pliney a right of way is what you are saying? COUNCILMAN TUCKER-No, I am talking about you are right back, you cannot spend money to make improvements outside of the district. TOWN COUNSEL SCHACHNER-But the money would not be spent before the district is extended, I can say that, my understanding of this, Bob has been handling this, my understanding is we have been talking about an extension of the district that is typically about a three month process without looking at spending this money during that three months as I understand it. COUNCILMAN TUCKER-The district is going to be extended, it is in the process. TOWN COUNSEL SCHACHNER-Part of this process...if! understand this, if we seal this deal... COUNCILMAN TUCKER-What you are telling me before any of the work or any of the money is spent down there you are going to extend the district. TOWN COUNSEL SCHACHNER-That has been my understanding. COUNCILMAN TUCKER-Fine that is all I wanted to know. SUPERVISOR CHAMPAGNE-Any thing else. COUNCILMAN MERRILL-I think as we have pointed out we have put in an extraordinary amount of time and effort to arrive at a fair proposal, any proposal has to be fair to both sides and show benefits to both sides and this does. I guess we ask that it be judged on its financial and legal merit and the benefit to both sides. Certainly opened to counter proposals but it has to be based on some good facts and figures. SUPERVISOR CHAMPAGNE-I also say that I have put a letter together although it has not been sent out yet, you should have it tomorrow morning to Ron Stafford, hoping that maybe there are some funding through his office that may assist us to do some of this work with a little luck. Second to that is I had a conversation with an Ed White who is a representative from the Department of State and I had conversation with Dick Dinolfo who is our head honcho here at Audit and Control, local, I also had discussion with Ken Crawford who represents the legal piece from the Association of Towns all three of those folks have advised me very clearly and would be willing to put it in writing that some of the mis-conceptions I think from what I hear is that in order to benefit, in order for the Queensbury user to benefit from that pipe in the ground then conceptually you like to think there would be some Queensbury user along the way to plug into that, that is not the case. If that pipe is carrying water and going back to an argument from two or three weeks ago regarding the one hundred and forty five or sixty five thousand dollars to get it from Big Boom down to the river edge. As long as that Queensbury user is benefited in terms of the over all savings if you will over the course I think I heard Henry say may be five or six years. CONTROLLER HESS-Depending on how you calculate it, three to six SUPERVISOR CHAMP AGNE- Three to six years then that is more than legal. Our message is you do not have to be tied to that pipe in order to benefit. This guy is back up two miles or five miles from where that pipe is going down to the river edge as long as that person is benefiting back here as the result of reduction of cost and they can see and calculate that out then that is a benefit. COUNCILMAN TUCKER-I can see that you are looking at me and I do not have a problem with that. SUPERVISOR CHAMPAGNE-Excuse me, I will look over at Dick. COUNCILMAN MERRILL-I hear you I have been saying a three year payback all along and they are in there. COUNCILMAN TUCKER-You are talking about the river crossing again? SUPERVISOR CHAMPAGNE-I am talking about the extention...to the river...you had a problem with that. COUNCILMAN TUCKER-I did? SUPERVISOR CHAMPAGNE-Didn't you have a problem with that last time we got a consensus? COUNCILMAN IRISH-No it was the river crossing, no you are right... SUPERVISOR CHAMPAGNE-I thought I would have to milk the vote out of this guy in order to get three. COUNCILMAN MERRILL-You did. COUNCIMAN TUCKER-My only concern was, is that part of that land lays outside of the district and I know it for a fact and, I talked to Ralph about easements and stuff like that. SUPERVISOR CHAMPAGNE-That could take some doing. COUNCILMAN TUCKER-Yea. SUPERVISOR CHAMPAGNE-Any other question, no better time that to get this through the mill tonight. I see Harry is here all ears listening I am sure and if you have anything to add Harry at this point? MOREAU SUPERVISOR HARRY GUTHEIL JR.-I would like to hear some ..we have to get together on this, ... COUNCILMAN MERRILL-Harry could you come up to the microphone please? SUPERVISOR GUTHEIL -I appreciate the time that you have put to this but, we have got to get together and we have got to go over these numbers together. Twenty four thousand gallons a year in growth is not going to cut it for us. We are not buying in a million gallons of capacity thinking we are going to be stuck on three hundred thousand gallons a day. I would hope that you would have the fore sight to see that we have got the potential growth there. We have been increase some industries frequently that are high volume water users. We have got to know where we are going and we will look at the numbers you have got there but they are not the numbers I think, we have got to work something differently. We have got to be able to sit down and do an awful lot within a few days. COUNCILMAN MERRILL-This contract is frankly written around your requirement of today of three hundred thousand gallons times one point seven, the only firm thing. If you want to write a contract about a million then it is a different contract. You cannot have it both ways, Harry. SUPERVISOR GUTHEIL-Our engineers are telling us if we expand, if we put the water lines in to the area that we want to service we will be using more than that and to meet the State DOH requirements we may be needing seven hundred thousand gallons. COUNCILMAN MERRILL-Then we should be writing a contract around that. SUPERVISOR GUTHEIL -They have those facts that you have to use, not based on just your daily average consumption factored in, apparently it has to do with your peak flow... formula one point seven five, Ralph... So, three hundred thousand gallons a day isn't going to do, satisfy what we are going to have to do to satisfy DOH and General Electric. Those are the things that we have to sit and work together on. I would like to get back to where we were a couple of months ago and see if we can get this off the ground. I will be candid with you we are running out of time, I wrote you the letter we hope you can see benefits beyond the three hundred thousand gallons a day but the savings, I know if over sixty two thousand dollars a year in your 0 & M costs over the first year on the guaranteed three hundred thousand gallons a day and if we go beyond that the savings becomes even greater. I do not want to keep re-shuffling the same numbers. COUNCILMAN IRISH-Harry, can I ask you a question? I do not know enough about your what is going on down there with GE to know the answer but, the people that are having the problem are already on town water or do they have independent wells? SUPERVISOR GUTHEIL.-Some of the homes in the effected area have municipal water it is being bought from the village of South Glens Falls. COUNCILMAN IRISH-Ok. So, you want to extend the water district and lay line to go where? SUPERVISOR GUTHEIL -To other areas that we feel are impacted and into our existing water district to we would eliminate that supply and use a new source in an existing district and probably in our industrial park we are looking at water district one and we are also looking into going down the Route 9 Corridor. COUNCILMAN MERRILL-But, you do not have any firm requirements today, are you willing to write a contract for a million gallons? It is really nine hundred and ten with a peak, that is where we are differing Harry, you are looking at a pay back that may be there we are looking at real hard numbers. SUPERVISOR GUTHEIL -You are looking at what is guaranteed COUNCILMAN MERRILL-That is right, guaranteed, I want guaranteed SUPERVISOR GUTHEIL .-We are not going to size the pipe and buy into a million gallons if we do not think we are going to use it. We do not have that use right now for a million gallons no. COUNCILMAN MERRILL-And we are not going to buy into something that is not guaranteed. I think that is it, we are looking for a guarantee because we have got to protect .. SUPERVISOR GUTHEIL -And we were willing to guarantee the three hundred thousand gallons a day. COUNCILMAN MERRILL-So, that is the guarantee and that is what we wrote in this contract around, three hundred times one point seven or five hundred and ten peak. SUPERVISOR GUTHEIL-But you are looking for a three year return on your investment, is that COUNCILMAN MERRILL-Yes, I am SUPERVISOR CHAMPAGNE-That is where we differ obviously I, he is more close range I guess than I am, I would feel comfortable reaching out there five years, six years, I think in intermunicipal kinds of agreements that is not uncommon and I think that is what Mr. O'Brien not Mr. O'Brien but O'Brien and Gere or Tony Geiss mentioned to us. In the best of worlds you would be at three, a good deal is at five, and there are those that reach out seven. So, that is where we are we have got some numbers here to present and I would like to get together maybe as a full board. I think our full board should meet with your full board and at least take a look at the offer and we will go from there. Either we get a contract or we don't get a contract. COUNCILMAN MERRILL-The main problems again Harry with what we proposed? SUPERVISOR GUTHEIL-We would be looking at having to come up with cash in the very near future because our engineers, it depends on how far we can go. It depends on how the bids come in on our project? If we got five million or eight million to work with it is going to depend on grant money and how close the bids come in how closely engineers estimates are. So. COUNCLMAN IRISH-Harry, did you get a chance to check with the, when we talked the other night down in West Glens Falls about maybe suspending the pipe line from that bridge instead of going under the river? SUPERVISOR GUTHEIL-I have to go over that with our engineers but part of the problem is coming down that bridge we got no users along Butler Road, very few users, so it makes it expensive. SUPERVISOR CHAMPAGNE-You have got a long ways to travel back to where you have got to get. Ralph wasn't that originally, help me with that. WATER SUPT. VANDUSEN-It was looked at ... SUPERVISOR GUTHEIL-I hope that all the engineers have looked at all the options, I know, I would personally prefer to see it up across from the plant but we got so many miles of pipe with so few users, so it just becomes too expensive. We want to go as far as we can and get water to as many people as we an but we cannot guarantee only what we know what our immediate needs are and that's, we do anticipate some growth. We are sitting on, our industrial park is over three million dollars invested in we expect some tenants we, like this summer, we know our high volume usage and if we cannot get the price of the water affordable to be competitive we may end up having to draw it out of the river, no processed water. There is a sleeve put in that last dam down there. But, again you need a real major user to start looking into doing those type things. Aside from that the tenant coming in tells us now that they are going to use forty thousand gallons of water a day alone and that is just one tenant in our park. SUPERVISOR CHAMPAGNE-When will that be starting up? Do you have a start up schedule? SUPERVISOR GUTHEIL-You know how that is, first its one, those dates keep changing. SUPERVISOR CHAMPAGNE-Within a year, within two years? SUPERVISOR GUTHEIL-Oh, no, the buildings are going up the office building is up I think within a few months, probably within the next two to four months I would guess. COUNCILMAN MERRILL-Is that forty thousand reflected in the three hundred and ten, three hundred? SUPERVISOR GUTHEIL-I am not sure what the engineers figured in on that? We have got to be careful if they are telling us forty thousand gallons a day well it be thirty or will it be forty five? So, we are trying to be cautious there because we are trying to put the budget together for those districts. But, we will work with what you got here but I just hope that it isn't using the same number and shuffling them back around because, I do not think we will have gained too much. COUNCILMAN MERRILL-The major thing we have done is shift the responsibility on the pipe line. SUPERVISOR GUTHEIL-And we would like to see us go back to the way we were. Meet at your County line, town line and share the responsibilities there. COUNCILMAN MERRILL-That is the hard point I have and Tony Geiss agrees with us that is should be at the Queensbury meter. I just see that as problems just waiting to happen down the road. SUPERVISOR GUTHEIL-But, other municipalities do bring it to their town line, so we do not think that is unreasonable and that is where we were. COUNCILMAN MERRILL-It is under the river that is problem. SUPERVISOR GUTHEIL-Well, you can think about it, I guess. SUPERVISOR CHAMPAGNE-Sure, and we will. COUNCILMAN MERRILL-That and plus a three year pay back and I am happy. SUPERVISOR GUTHEIL-I think there is a lot of people in this room would like to have a three year pay back in all their investments. COUNCILMAN MERRILL-Well, if you are going to be in business you have a three year pay back. That is where I come from. SUPERVISOR GUTHEIL-It is a good business then I guess. I know a lot of people probably that I know, I do not know too many people that get their money back in three years. If you are fortunate enough to do that, that is good. Meeting tentatively set for Thursday night at 6:00 P.M. in the Town of Moreau. SUPERVISOR CHAMPAGNE-We have the applications in for the Director of Community Development, please contact me with a list of those you wish to interview by Wednesday. ATTORNEY MATTERS - NONE OPEN FORUM BRENDON LYON - THE POST ST AR- Re: Moratorium Adult Entertainment... Video Broker... Court date of February 17th someone made a statement well we are not really going anywhere with that, I am curious is there a decision at this point, is the town going to be there or is the case being dropped? TOWN COUNSEL SCHACHNER-We are working on a strategy for that approaching court date it is not clearly determined yet how that is going to transpire. COUNCILMAN IRISH-I thought we were not pursuing that? I am not going to lie to the guy sitting here asking me a question, we decided that we were not going to pursue that law suit. TOWN COUNSEL SCHACHNER-Well, we are working on the mechanics of that, some issues. SUPERVISOR CHAMPAGNE-No matter what you say, there are still some things we have to do legally before we cut ourselves in or out. COUNCILMAN IRISH-I must have misunderstood then because there wasn't enough evidence for you to proceed comfortably that we were not going to pursue this. TOWN COUNSEL SCHACHNER-We are working out the mechanics of enacting that strategy. BRENDON LYON-THE POST STAR-If the moratorium is not re-assigned or a new law adopted by February 17th you could potentially be in court seeking to fine a merchant for violating a moratorium that is no longer in effect? TOWN COUNSEL SCHACHNER-I do not anticipate that is going to be the town's strategy but in theory you could certainly do that. JOHN SAL V ADOR-RE: Code Enforcement/appearance tickets Questioned if the Town Justices are aware of your intentions and what you are doing? TOWN COUNSEL SCHACHNER-Yes, we have sent a letter to the town justices explaining to them the request providing a copy of the draft local law and explaining why the enforcement staff wants the town board to consider adopting it. JOHN SALVADOR-Who will do the prosecuting? TOWN COUNSEL SCHACHNER-This does not change anything about the way Code Enforcement currently takes place except it is a different piece of paper that would be an option for the enforcement staff to utilize to commence the action. JOHN SALVADOR-Is it proper for a person to prosecute who is the witness against the defendant in the matter? TOWN COUNSEL SCHACHNER-It depends on what you mean as prosecute, if you mean start the action absolutely. JOHN SAL V ADOR-RE: Adult Entertainment noted he does not offer this type of entertainment in our business establishment, but the day may come when we might have to, to compete, I do not want to be zoned out of this. .. I think you have to get back to the concept of a special use permit. . . COUNCILMAN TURNER-Spoke about the special use permits through the Planning Board... JOHN SAL V ADOR-RE: Moreau Water I heard the term high water industrial user.. .my experience is if an industry is a high volume user they go some place where the water is very available they provide their own water.. . very few industries today are people intensive.. .RE: Storm WaterILake George Park Commission Mr. White's letter he refers to minor projects, what provisions are being made for major projects? COUNCILMAN MERRELL-What applies to the minor some can be carried over in terms of best practices to major, but we are addressing the minor first. JOHN SALVADOR-In the Lake George Park Commission is interested in having these regulations put in place there will be no such thing as a minor project, because the project regardless of what it is if it is in a sensitive environmental area a critical environmental area a wrath of other reasons that they have put into that code it is automatically a major project. COUNCILMAN MERRILL-We are going to try to develop design manuals to meet the requirements, there are going to be problems here, John... we want to separate the major and the minor projects JOHN SAL V ADOR-I would like to recommend to the Town Board that you do your own fundamental environmental study of the impact that run off from my roof top and my driveway on the ecology of that ECO system. I am not convinced that storm water is as big a problem as they make it. RE: Comprehensive Plan I am a member of the committee but it is coming along, we have a long way to go. We are going to end up with overlays... every piece of property in this town is going to be impacted in some way on its ability to develop... the down side of this is the property does not hold it's value and that effects you tax base. Noted he has requested that the Town Assessor attend the Comprehensive meetings ... you soon are going to have a re-val in this town. COUNCILMAN MERRILL-In the land use plan it is best use of the land we are talking about the land we are not talking about property values or return we are talking about the land and how to protect it. JOHN SAL V ADOR-Re: Fuller Road how have you answered Mr. Abess? SUPERVISOR CHAMP AGNE- The board is waiting for the briefs... to review them. JOHN SALVADOR-Spoke about the dirt road in town... suggested having the recreation department and water dept. repair the road... spoke about the children walking on State Highway to Bus stop... also noted no lighting on the road. . . bus cannot use DunlIams Bay Road... Questioned if there has been set up a Highway Committee? SUPERVISOR CHAMPAGNE-An elected official has a choice of whether he chooses to have a committee or not. . . that being said there is no committee. JOHN SALVADOR-Spoke to the board regarding the use of Mountainside Library.. COUNCILMAN IRISH-Didn't Christine say that at the end of this year they were all done? COUNCILMAN TUCKER-Yes. It was in the paper. COUNCILMAN IRISH-They are not going to renew that. They can make that decision. JOHN SALVADOR-They can. COUNCILMAN IRISH-They take your money and then decide what to do with it. COUNCILMAN TUCKER-We support that library with an $1l00 donation., COUNCILMAN IRISH-It will still be a library, not part of Crandall Library. JOHN SALVADOR-Keep it open, people use it. COUNCILMAN MERRILL-I will review it with the trustees next time. JOHN SAL V ADOR-I would like to know what their obligation is to maintain that library? Spoke about his sewer variance, noted the resolution had a stipulation that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the NY State Board of Health. .. noted he did not receive the approval from NYS Board of Health at this point... spoke about the Morris Application and noted that the NY State Board of Health noted that application was non jurisdictional, noted they have not received DOH approval and work is still going on... DOH in Albany is looking into this... TOWN COUNSEL SCHACHNER-Noted that he believed that Dave Hatin has made Mr. Morris aware that he has not fulfilled one of the conditions. . . SUPERVISOR CHAMPAGNE-We will go back and look at that. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 70.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board hereby moves into Executive Session to discuss contract negotiations. Duly adopted this 9th day of February, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 71.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back into Regular Session. Duly adopted this 9th day of February, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None RESOLUTION RETAINING COYNE TEXTILE SERVICES TO PROVIDE TOWN OF QUEENSBURY UNIFORM SERVICE NEEDS RESOLUTION NO.: 72.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Controller previously advertised and sent out a Request for Proposals to five (5) potential vendors to provide the Town of Queensbury with its uniform service needs, and WHEREAS, a Town committee reviewed the proposals from the potential vendors and has recommended to the Town Board that the Town retain the services of COYNE TEXTILE SERVICES at a cost not to exceed $6.00 per person per week as more specifically set forth in their letter and proposal dated January 29, 1998, 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 COYNE TEXTILE SERVICES to provide the Town of Queensbury with its uniform service needs for the period of March 1, 1998 through December 31, 1999, and BE IT FURTHER, RESOLVED, that the fee for the services to be rendered is approved at a cost not to exceed $6.00 per person per week, with payments to be charged to the appropriate departmental accounts, 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 9th day of February, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 73.98 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury here by adjourns its regular session. Duly adopted this 9th day of February, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury