Loading...
1992-02-20 TOWN BOARD MEETING FEBRUARY 20, 1992 7:00 p.m. MTG#17 RES. 124-136 BD OF H 5-6 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUE GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Kathleen Kathe, C.Powell South PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 124, 92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Sue Goetz. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 20th day of February, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR GARY P. MOORE RESOLUTION NO.5, 92, Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Pliney Tucker. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. Gary P. Moore has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Septic Tank 10' and WHEREAS, Mr. Moore has also applied for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136-11 B.(2), such standard providing as follows: Required Minimum Holding Tank Capacities Number of Bedrooms Holding Tank Capacity Required (gallons) 1 2 3 4 5 2,000 3,000 3,500 4,000 4,500 and WHEREAS, Mr. Moore has indicated a desire to place the septic tank 2.5' from the property line, rather than placing it at the mandated 10' distance, and WHEREAS, Mr. Moore has also indicated a desire to put in a 2,000 gallon tank, rather than putting in the mandated 3,500 gallon tank, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on March 16th, 1992, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two variances of Mr. Gary P. Moore to place the septic tank 2.5' from the property line, rather than placing it at the mandated 10' distance, and to put in a 2,000 gallon tank rather than putting in the mandated 3,500 gallon tank, on property situated on Fielding Lane, Cleverdale, Town of Queensbury, New York, and bearing Tax Map No.: Section 12, Block 1, Lot 15, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 20th day of February, 1992, by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE BEFORE VOTE: Councilman Monahan requested that the Director of Building & Codes or a staff member from Building Department be present for the public hearing. JOHN SALVADOR, Resident of North Queensbury on Dunham's Bay and Proprietor of Dunham's Bay Lodge and the Marina's facility associated with it. Referred to a Report dated May 10th, 1989, covering inspections of all Marina Facilities on the East Side of Lake George, inspections that were conducted by Dr. Evans, Dave Hatin, Dan Olson, Lt. Crane. Noted that all facilities were inspected with regard to the Lake George Park Commission requirements for Class A marinas. Noted that the report points out many deficiencies facility to facility. Concerned that not all has been done to correct facilities, that there's a very serious problem at one very large marina in North Queensbury and I would recommend more investigation. (submitted copy of report to Town Board) TOWN BOARD accepted report and agreed to follow up on the recommendations. RESOLUTION ADJOURNING FROM BOARD OF HEALTH RESOLUTION NO.6, 92, Introduced by Mr. Nick Caimano who moved for its adoption, seconded by Mr. Pliney Tucker. RESOLVED, that the Queensbury Board of Health hereby adjourns and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 20th day of February, 1992, by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION AUTHORIZING TOWN HISTORIAN'S ATTENDANCE AT ANNUAL MEETING OF THE ASSOCIATION OF TOWNS RESOLUTION NO. 125,92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Michel Brandt. RESOLVED, that pursuantto Section 116, Subdivision 10 of the Town Law of the State of New York, Mrs. Marilyn VanDyke, Town Historian, is hereby authorized to attend the annual meeting of the Association of Towns of the State of New York to be held in New York City in February, 1992, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at this meeting are a proper Town charge. Duly adopted this 20th day of February, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION DETERMINING NO OBJECTION TO ABANDONMENT OF DELAWARE AND HUDSON RAILROAD SPUR TRACK RESOLUTION NO. 126, 1992, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Nick Caimano. WHEREAS, the Town Board of the Town of Queensbury has been advised that the Delaware and Hudson Corporation is attempting to abandon a portion of the Lake George branch line of the Delaware and Hudson Railway, and WHEREAS, a request for abandonment has been submitted to the New York State Department of Transportation, and WHEREAS, the proposed abandonment involves a spur track, which begins at the south line of East Lawrence Street, Mile Post A60.88, in the City of Glens Falls, and ends at the track near Quaker Road, Mile Post A62.55, in the Town of Queensbury, and WHEREAS, certain information concerning the railroad is more specifically set forth in a letter dated January 15,1992 by McNamee, Lochner, Titus & Williams, P.C., Attorneys for the Delaware and Hudson Corporation, a copy of the same presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Town Board has no objection to the abandonment of the aforedescribed Delaware and Hudson Railroad Spur Track, provided that, should the aforementioned Delaware and Hudson Railroad Spur Track be discontinued or abandoned, the rails and other components of the track will be dismantled and removed from the area, at Delaware and Hudson Corporation's expense, and that the land will be, in some fashion, restored, as required by law, and with the further understanding that New York State will have a preferential right to buy the property from Delaware and Hudson and that, if the State does not exercise the right, Delaware and Hudson will offer the property for sale to adjoining landowners and then, if said landowners were not interested in the purchase of the land, to anyone else who may be interested, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to transmit a letter to the Department of Transportation and McNamee, Lochner, Titus & Williams, P.c., and all other interested parties, setting forth the Town Board's position, as well as enclosing a copy of this Resolution. Duly adopted this 20th day of February, 1992, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None ABSTAIN: Mr. Caimano RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO. 127,92, Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Pliney Tucker. WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: WASTEWATER: FROM: TO: AMOUNT: 32-8110-1810 32-8110-1830 $ 31,353.36 (Quaker Road Sewer (Quaker Road Sewer District Deputy District Wastewater Director) Director) 32-8120-1400 32-8120-1570 $ 19,412.72 (Quaker Road Sewer (Quaker Road Sewer District Laborer A) District Wastewater Maintenance Man II) CEMETERY: FROM: TO: AMOUNT: 002-8810-4300-11 002-8810-4400-11 (Crematory Utilities) (Crematory Misc. Contractual) $ 1,000.00 Duly adopted this 20th day of February, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION #103, 1992 REGARDING CRANDALL LIBRARY CONTRACT RESOLUTION NO. 128,92, Introduced by Mr. Nick Caimano who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, by Resolution #103, 1992 the Town Board of the Town of Queensbury has previously authorized and approved a contract with the Crandall Library, and WHEREAS, the previous resolution referred to an amount of $235,000 for library services and discussions occurred concerning language to be added to the contract for janitorial services and an amount of $999 to be added from the Deputy Supervisor's salary account of the 1992 budget, and WHEREAS, a revised contract consistent with the foregoing has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the contract presented at this meeting and hereby authorizes the Town Supervisor to execute the same and hereby further amends Resolution #103 of 1992 accordingly. Duly adopted this 20th day of February, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano Mr. Brandt NOES : None ABSENT: None RESOLUTION APPOINTING MEMBERS TO THE COMMITTEE ON ACCESS FOR THE HANDICAPPED RESOLUTION NO. 129,92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Michel Brandt. WHEREAS, the Town of Queensbury has in existence a Citizens Advisory Committee on Access for the Handicapped, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following persons for I-year terms on the Citizens Advisory Committee on Access for the Handicapped, said terms to expire on December 31, 1992: Nancy Calano Ann Corkins Katharine Cornwell Joseph Denig Suzanne Helffrich William W. Kasold. Duly adopted this 20th day of February, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION APPOINTING MEMBERS TO THE ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO. 130,92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Sue Goetz. WHEREAS, the Town of Queensbury has in existence a Citizens Advisory Committee on Environmental Issues, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following persons for I-year terms on the Citizens Advisory Committee on Environmental Issues, said terms to expire on December 31, 1992: Mark Bombard David Hodgson Thomas Jarrett Charles H. Maine William Morton Ralph Nestle Richard Sage Stephen Traver Dr. David Welch. Duly adopted this 20th day of February, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR REMOVAL OF TIRES FROM QUEENSBURY /GLENS FALLS JOINT LANDFILL RESOLUTION NO. 131,92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Nick Caimano. WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised, among other things, for the REMOVAL OF WASTE TIRES FROM THE QUEENSBURY /CITY OF GLENS FALLS LANDFILL, as more specifically identified in contract documents previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, North American Tire Recycling Corp. has submitted the only bid for the aforementioned item, and WHEREAS, James T. Coughlin, Landfill Superintendent has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for removal of tires to North American Tire Recycling Corp. and hereby authorizes the Town Supervisor to execute the contract for the same, and BE IT FURTHER, RESOLVED, that expenses associated with this contract shall be paid for from Account No. 910-8160-4780. Duly adopted this 20th day of February, 1992, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None (Bid on file in the Town Clerk's Office) RESOLUTION TO ACCEPT BID FOR THE SALE OF SCRAP METAL FROM QUEENSBURY /GLENS FALLS JOINT LANDFILL RESOLUTION NO. 132,92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Nick Caimano. WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised, among other things, for the sale of SCRAP METAL FROM THE QUEENSBURY /CITY OF GLENS FALLS LANDFILL, as more specifically identified in contract documents previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Metal Unlimited ofNYS, Inc. has submitted the highest bid for purchase of the scrap metal, and WHEREAS, James T. Coughlin, Landfill Superintendent has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the sale of scrap metal to Metal Unlimited of NYS Inc. and authorizes the Town Supervisor to execute the contract a part of the bid documents and hereby further directs that funds received from the sale of the scrap metal shall be deposited in the appropriate Landfill revenue account. Duly adopted this 20th day of February, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None (Bids on file in the Town Clerk's Office) RESOLUTION AUTHORIZING RIST-FROST ASSOCIATES, P.c. TO COMPLETE PLANS AND SURVEYING FOR REPAIR WORK ON GARNER STREET RESOLUTION NO. 133,92, Introduced by Mr. Pliney Tucker who moved for its adoption, seconded by Mr. Michel Brandt. WHEREAS, Rist-Frost Associates, P.c. performed certain engineering work during 1991 with regard to a proposed plan to address drainage concerns on Gamer Street in the Town of Queensbury, and WHEREAS, the Town Highway Superintendent has advised that certain additional engineering work is needed in the approximate amount of $300.00 to $400.00 to complete the plans for drainage improvements for the Gamer Street area, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the further expenditure in an amount not to exceed $300.00 to $400.00 to complete the drainage plans for the Gamer Street area, and further authorizes the Highway Superintendent to contact Rist-Frost Associates, P.c. to arrange for the completion of the work, and BE IT FURTHER, RESOLVED, that the cost for the engineering services shall be paid for from Account No.: 01- 1440-4403. Duly adopted this 20th day of February, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None DISCUSSIONS Attorney Dusek referred to Memo regarding Computer Program for Code of the Town of Queensbury, noting that Code Publishers offers a service, taking the entire book, all the information into a computer format for the Town which allows you to access any information in the book through the use of a computer. I felt I had an obligation to bring this to the attention of the Board, Code Publisher's has made this available noting that the price will increase in the future and I'm presenting this for the Town Board's review and decision. Town Board held discussion, no decision to be made at this time. Councilman Goetz referred to sidewalks on Miller Hill, noting that she has received calls from people living in Robert Gardens who have to walk down the hill on Route 9 to work at the Northway Plaza and are complaining of no snow removal. Concerned about the safety. Questioned the Town Attorney on who has the responsibility to maintain sidewalks in the Town. Attorney Dusek noted that there is no firm policy that I'm aware of in terms of either resolutions or otherwise for sidewalks in Town as far as an overall comprehensive policy. It's been addressed primarily on a piece meal basis. Noted the State Law for a State Highway and presumably the State constructed the sidewalks, the Superintendent of Highways must maintain all the sidewalks constructed by the State on State roads. However, the State Law is unclear as to what the word maintain means, in another point in the law it says, if you want to have snow removed, that it should be authorized by the Town Board at a Town expense. Councilman Goetz questioned whether the Highway Superintendent could be required by the Town Board to do the snow removal. Attorney Dusek noted that the law is not clear on whether you can force him to do it or not. The way it is worded, when authorized, cause the removal of snow therefrom and the cost shall be paid as a miscellaneous or from other Town funds. The presumption I read from that is that you may be able to tell him that he has to do it but I assume he would do it if you gave him the money for it. Supervisor Brandt noted that this is a major issue that should be discussed, possibly for workshop ... the Town needs to find a policy, identify where we should be doing these, where we shouldn't be doing these and how we're going to pay for them. Attorney Dusek, would like to note, if the Board is interested in pursuing some further thoughts, there are other mechanisms available, creating sidewalk districts or adopting a local law which would impose obligations on people abutting the sidewalks to maintain and keep plowed. Councilman Tucker questioned what would happen for County Roads. Attorney Dusek, with respect to County Roads, they would also be able to utilize the Superintendent's services. For County and State, he's already got a duty to maintain and if you want him to remove snow, that's additional. For all other sidewalks, he doesn't have any duties, but he may, with the consent of the Town Board, maintain and repair them at a Town charge. There are 2 or 3 sections of the law that you have to look to. Councilman Goetz, would like to bring you up to date on QEDC. Attended my second meeting... noted that the corporation has hired a consultant on a contractual basis to implement their short term goals which are outlined on this memo, (memo from Sue to the Board members, presented at this meeting). Referred to letter from Fred Champagne regarding his resignation ... noted that he's been hired by QEDC to do the consulting work and one of his jobs would be to assist the Adirondack Regional Chamber of Commerce in their efforts. They are also talking about being part of a Regional Economic Development Corporation, but it's only in the talking stage. They were in receipt of Mike's letter, asking them to outline why they feel they need the 25,000 dollars in our budget, they will be responding to us and would like to meet with us again and at that time give their budget break down per request. Councilman Goetz questioned the Town Attorney on status of Code of Ethics, are we ready to go to public hearing? Attorney Dusek noted that he has prepared a draft for this evening for the Board's review. Supervisor Brandt, would like to request a workshop for sometime during the week to discuss this further. Councilman Goetz questioned the status of the insurance proposal? Supervisor Brandt, recommended that these 2 items, both the insurance proposal along with the Code of Ethic's be put on Monday night's workshop agenda for discussion. Councilman Caimano noted that some time back, I questioned the lighting districts, those lighting districts that have been put on the books and we're charging taxes for but have no lights. Would like to know what must be done to get those people off the tax rolls. Attorney Dusek, I'm not familiar with the district, it's something I believe that has been in existence for many, many years but if it's like any other district and there's no outstanding bonds which I've never heard of any with regard to the lighting district, you can go through the proper procedures, which would include a public hearing, permissive referendums and what not, to redraw the boundary lines and take those parcels out if that's your choice or you can have lights installed. But there is a mechanism available and it would be a matter of pulling the old district documents out and then revising them if that was your choice, to delete parcels from the district. Councilman Caimano questioned Kathleen to start work on this so we can get these people off... Supervisor Brandt noted that we had a discussion this afternoon, on all our lighting districts, in a staff meeting and we talked about setting up someone to go with Niagara Mohawk and identify where each light fixture is and start a map for each district, to have a system where we check if they're working or not so that we can intelligently address our bills. There is a problem there and it's age old. Noted that during the staff meeting it was mentioned that the total bill for this kind of lighting is about a half a million dollars a year so it's well worth looking at. Attorney Dusek, would like to mention, just to point out as you are doing your work, that just because there is a street light in a certain area of Town, it does not necessarily mean its within a district. A number of lights, I know since I've been Town Attorney, have been installed under the Highway Law provisions which allow lights to be installed at intersections for instance and there are some other times they've installed them, but that's not required to be in a lighting district of any kind, you simply put them up and they become a Town charge. Councilman Tucker, questioned Supervisor the possibility of requesting a meeting with a representative from Niagara Mohawk? Noted the 7 lights out on Quaker Road that are still not working and have been out for 5 months. Supervisor Brandt noted that our discussion was to identify somebody that would interface with Niagara Mohawk and put all the information together so that's it clear and concise and in readable terms and bring it to us. Councilman Caimano noted that he had received a call from a constituent concerned with the corner of Gurney Lane and West Mountain Roads ... I've gone out there and it's an extremely dark and dangerous intersection that needs some kind of lighting. Lise has said that if we so desire, we would contact NIMO and have them make a survey of it so I am asking to start the process of looking into it because it is a dangerous situation. Councilman Caimano, would like to request some meetings as a Town Board with our department heads within the next couple of weeks, for the purpose of discussing expenses, budgets... we need to get some hard facts in order to attempt to effect some kind of frugality in this government. Supervisor Brandt, I agree, I've contacted most department heads and asked them to prepare documentation for this. I have received from many departments their analysis. I think we need to discuss their analysis... in some cases I agree with parts of them and some cases, I disagree with parts of them but I think as a Board we need to discuss with our department heads how we can trim costs ... I'm in total agreement ... I'll be glad set up a series of workshops. Councilman Caimano, regarding pay raises, being a big issue of the past campaign ....this Town can possibly follow the State Law which I understand states that the sitting Board does not vote for it's own raise but rather votes for the raises of the elected officials for the coming 2 years. I would like to have the Town Attorney look into that and see if in fact we can affect Town Law so that we don't get into a situation where the public doesn't like what we've done and has no voice on it, I feel very uncomfortable that way. Supervisor Brandt, I very much endorse that idea ... referred to budgetary process noting that the final vote is after the election ... would like to see us, if we prepare such a law, force a vote, the budget vote concerning the salaries for elected officials, before the election ... on the books in a final form, in a final action, prior to the election. Attorney Dusek questioned the Board if they would like a local law prepared addressing the issue of elected official salaries and provide information as to how soon they could be conceivably set by local law and preferably be set for a 2 year term? Town Board agreed. Supervisor Brandt, would like to finish an analysis of where we are between the Town and the City on the landfill situation. Councilman Caimano, would like to thank Kathleen Kathe on a fine and successful job on the Girls Basketball Tournament. OPEN FORUM TOM PHILO, Sunnyside-Pleased to hear this Town Board talking about saving this Town money. Referred to sidewalk situation, recommended the use of alternative sentencing program. Regarding salaries, questioned the possibility of public input on department head salaries ... admire Supervisor for taking decrease. Questioned the amount of salary received by Deputy Highway Superintendent? COUNCILMAN MONAHAN-39,000. MR. PHILO-Questioned Highway Superintendent's salary? COUNCILMAN TUCKER-50,000. MR. PHILO-That's alot in Supervision ... our Town needs to look at that. Questioned the presence ofa Town Attorney at every meeting, is it necessary? ATTORNEY DUSEK-Would like to note, my personal position, I'm here if the Board wants me, if the Board doesn't, that's fine too. I'm here because I'm asked to be here. MR. PHILO-How much does it cost us an hour for every hour that you're here? SUPERVISOR BRANDT-He's salary and we discussed this at great length with Paul before appointing him ... we defined the scope of services that we were looking for... we've had quite a bit of litigation pending, when we looked at the whole job, we decided that we probably needed one full time attorney yet ... but we have addressed how to cut down those costs and we're working well in that direction. MR. PHILO-How was it before, by the hour? ATTORNEY DUSEK-No it's always been a salary position ... when I come to these type of meetings, it's not at any additional cost to them, they're taking advantage of a good situation which they should. They've cut down on other types of activities that I've worked in which has given me more time to do other things and my sincere hope is that we can wind the place down in terms of it's legal demands so that I could become something less than full time and at that point, maybe the Town Board restudies the situation, decide whether it's more economical to contract out for services or maintain a smaller office with a part time situation with either myself or somebody else of their choosing. MR. PHILO-I'm just talking for some of these senior citizens, we meet every Wednesday, retired people and there was alot of flack, your name was brought up, I'll be very honestly ... COUNCILMAN CAIMANO-Let's talk about some reality too and the reality is this, his office was the first we met with, even before we took office, several realities. First reality, no one has deeper pockets than a municipality, it's never ending, people are in that pocket for millions and millions and millions, so there's a tendency at elective boards to want a hired gun near them all the time. The second reality is this, at the cost of his salary and the hours that he puts in for this job, if you look around the Town at the cost per hour of attorney's, we can't get it, we can not get it, we can't even get close. The third reality is this, Mr. Dusek, if you check around the area, with all of the Judges, with all of the Attorneys, is not only looked upon with respect for his legal acumen but as a gentleman and a representative of this Town. Taking all those into consideration, we feel, we have a bargain and on top of all that, he's agreed to work his way out of a job. SUPERVISOR BRANDT-One other thing related to this ... we said that we probably wanted to change the zoning of the Town, probably want to examine the codes of the Town to see if they can be simplified and we realize that's going to take alot oflegal work ... so with a pretty activist Board that had these ideas in mind, we felt that it was smart to design our relationship with our attorney the way we did it. MR. PHILO-Thank you, I feel good that I have an answer and I'm to tell them. Discussion regarding department head salaries, policies of employment ... Town Board is presently addressing these concerns. MR. PHILO-Questioned the Town Attorney how the Water Commissioner got vacation pay plus pay? ATTORNEY DUSEK-I was not part of the decision making itself but my understanding was at that time, the Board... COUNCILMAN GOETZ-It was not this Board. ATTORNEY DUSEK-No, not this Board... COUNCILMAN MONAHAN-Not the previous Board either, it was a one person decision. ATTORNEY DUSEK-Utilized a provision under the union contract which allowed a person who did not take their vacation or could not take it, that the Town could in turn pay them for that unused vacation time and basically they lose that vacation time at that point in return for the pay. COUNCILMAN MONAHAN-I will take exception to that because the Board was not aware that this was going on until Ron Montesi and I picked it up in an audit and questioned it. MR. PHILO-I don't think it's right, I would like the Attorney to check into that and see if he can give that money back. COUNCILMAN MONAHAN-I think it was legal under the rules and regulations, but had not been done. SUPERVISOR BRANDT-We are taking care of it, that is one of the policies that we have addressed and it's identified ... we probably would have passed those policies tonight but there's a hang up on a couple of items so we need to go into workshop on a couple of items ... that will be a policy, we will cut that off, that's not going to happen in the future. MR. PHILO-Is that man going to be able to keep that money, then? SUPERVISOR BRANDT-We look at life from here on. PRESENTATION - CAROL & FRANCIS MARTINDALE, ROUTE 149 Carol Martindale, introduced Russell & Charles Scudder from Scudder Associates, engineers for the project Russell Scudder spoke to the Board regarding proposed project on the Martindale property ... presented concept plan for the property, 3 acres out of a 30 acre parcel, representing some of the area along the road frontage on Route 149 ... Proposed project being a home style, farm style business operation with a pancake house, maple syrup house, bakery, vegetable sales, craft sales ... The problem that exists, there's a need for a zoning change and that's why they're here before the Town Board. Councilman Monahan, concerned with change of zone ...would like to see the Town Board address the Commercial PUD, a Planned Unit Development for commercial projects, a new concept in early stages in the Town, as soon as possible, would be fastest step for the Martindale's ... would like to see, as a long term goal for the Town of Queensbury, the creating of a Residential Agricultural Zone for that area, a major entrance into the Town of Queensbury. Discussion held regarding proposed changes needed to the planning procedures, rules and regulations ... zoning ordinance. Town Board consensus, support concept of project ... agreed to move along as rapidly as possible ... consider workshop for PUD proposal... OPEN FORUM PAUL DAVIDSON-Referred to earlier discussion held by Board, recommended a possible survey by the Citizen's Advisory Committee in regard to sidewalks and lighting needs within the Town of Queensbury ... may help in the future. Referred to salary discussion of earlier, feel it's important to make the salary sufficient enough to attract qualified, experienced people ... JOHN SALVADOR-Referred to discussion held at last Board meeting regarding the subject of septic inspections for North Queensbury, questioned update. SUPERVISOR BRANDT -Noted, there's a meeting scheduled with Lake George Park Commission to discuss specifically this issue, sewer and stormwater regulations ... that's where we are right now and after the meeting I'll come back and discuss it with the Board. MR. SALVADOR-Referred to the field of solid waste ... spoke to the Board as a Director of a Solid Waste Utility Development Company ... would like to offer our program, a program that would provide solutions to the Town of Queensbury ... request the opportunity to present our program, an hour and half presentation explaining the process, the financing ... to the Town Board and whomever would be interested. TOWN BOARD agreed to meet for a presentation ... scheduled for Wednesday, March 4th at 7:00 a.m. BARBARA BENNETT, Dixon Road, Queensbury-Noted that over the years, I've continually commended Paul Naylor for a great job on the roads in Queensbury ... no comparison between the City and the Town's work on Dixon Road, you don't need a sign to tell you where the City Line is, the road is not taken care of ... I feel safe to drive on any road in Queensbury in any weather, whether it's snow or ice ... Thanks to Paul Naylor's work. SUPERVISOR BRANDT, I have to parallel your observation, I have people that work at West Mountain Ski area from Warrensburg and they say, you can tell when you get to the Queensbury line, that's the first place the roads are well maintained ... you have to give credit where credit is due ... COMMUNICATIONS Town Clerk, letter from C. Powell South, resigning from the Assessment Board of Review. (on file) C. Powell South, would like to note for the Board's information, I spoke with Mike Sawn, Director of Assessment, Real Property Tax Services for Warren County, training session for new Board members is April 8th, 1992 and the required training session for all Board members, is for either the 15th or 22nd of April... So whomever you appoint, will have to attend the April 8th meeting. Supervisor Brandt, we are presently holding interviews. Mr. South, regret this decision but because of conflict of interest, it's for the best ... in closing, would like to thank Paul Dusek and Darleen Dougher for their help. Supervisor Brandt, on behalf of the Town Board, would like to Thank you for your time and services ... THANK YOU RESOLUTION ACCEPTING RESIGNATION RESOLUTION NO. 134, 92, Introduced by Mr. Nick Caimano who moved for it's adoption, seconded by Mrs. Sue Goetz. RESOLVED, that the Town Board of the Town of Queensbury hereby accept the Resignation Letter from C. Powell South from the Board of Assessment Review, effective this date, so that he can pursue another position on the Board of Supervisors. Duly adopted this 20th day of February, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None AUDIT OF BILLS Discussion during review of audit, the following were held: 1. Vendor 70, stacker & screen rental, Voucher #92-640, $2500.00, questioned the reasoning for rental. 2. Vendor 314, Rental from Southworth Machinery, Voucher #92- 548, $5,000 credit, questioned whether it was originally charged from the landfill closure fund and should be returned to that fund. Questioned the $8,000 bill for rental, month of August, at the landfill ... concerned that it was previously paid. 3. Vendor 890, lease with Delaware & Hudson, Voucher #92-684, $370.00, questioned lease agreement, would like attorney to research further. 4. Vendor 2009, questioned Hiland Park Pump Station & Hiland Park Maintenance bills, Voucher #92-673 & #92-815, $4,716.90 & $653.02. 5. Vendor 2197, LaCorte Contract, Water Department, invoice blank, need further research, Voucher #92-823, $4,697.00. 6. Vendor 2321, Irongate Family Practice, questioned Town being responsible for payment, #92-631, $38.00. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 135,92, Introduced by Mr. Nick Caimano who moved for its adoption, seconded by Mrs. Sue Goetz. RESOLVED, that the Audit of Bills appearing on Abstract February 20th, 1992, 1991 and 1992 Vouchers, numbering from 92-548 thru 92-851 and totalling $343,345.01 be and hereby is approved, and BE IT FURTHER RESOLVED, that the following audit numbers be held, 92-640,625, 548,684,815,673,823,631 for further research, to be released by the Town Supervisor upon completion of research, and BE IT FURTHER RESOLVED, that Voucher #92-684, Vendor 890, Delaware & Hudson, a total of $370.00 was pulled from the audit as reflected in the total amount paid. Duly adopted this 20th day of February, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ANYONE OPPOSED: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 136,92, Introduced by Mrs. Sue Goetz who moved for its adoption, seconded by Mr. Pliney Tucker. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn into Executive Session to discuss Assessment Litigation. Duly adopted this 20th day of February, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ANYONE OPPOSED: None ABSENT: None No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY