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1992-11-16 REGULAR TOWN BOARD MEETING NOVEMBER 16, 1992 7:00 P.M. MTG#111 RES#616-622 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOETZ RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 616, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of November 2nd and 12th, 1992. Duly adopted this 16th day of November, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 617, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED 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 Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: HIGHWAY: FROM: TO: AMOUNT: 045110.1002 045110.1450 (Motor Equipment Operator) $ 200.00 045110.1400 045100.1450 3,176.14 045110.1440 045110.1450 203.43 045110.1470 045110.1450 2,416.66 045130.4410 045110.4442 (Road Repairs) 4,200.00 01 8540.4400 01 8540.2001 (Misc. Equipment) 7.00 and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 16th day of November, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING KUBRICKY CONSTRUCTION COMPANY, INC. TO PERFORM WORK OF ESTABLISHING TURF IN SPRINGTIME, 1993 CONCERNING THE ROUTE 254 SIDEWALKS RESOLUTION NO.: 618, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the award of a contract for the construction of certain sidewalks along River Street to the Kubricky Construction Company, and WHEREAS, the Town Board of the Town of Queensbury has been advised that due to weather conditions, it will not be possible to accomplish the establishment of turf this fall, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby agrees that the contractor may perform the work of establishing the turf in the springtime, as soon as weather permits, and at such time as approved by the engineer, and the contractor will therefore, not be considered in breach of the contract or subject to any penalties, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, on behalf of the Town of Queensbury, any change orders or other documents that are necessary to accomplish the intent and purposes of this resolution. Duly adopted this 16th day of November, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE EMPLOYEE ASSISTANCE PROGRAM OF WARREN, WASHINGTON & SARATOGA COUNTIES, INC. FOR 1992 RESOLUTION NO.: 619, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously contracted with the Employee Assistance Program of Warren, Washington, and Saratoga Counties, Inc., for the provision of certain benefits and programs for the Town of Queensbury employees, and WHEREAS, the agreement between the parties contained an expiration date of June 30, 1991, but the parties continued in accordance with the same and desire to continue the same until December 31, 1992, and an agreement has been presented at this meeting, which agreement sets forth the services to be provided, the costs thereof, and other terms and provisions, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the agreement presented at this meeting and identified in the preambles hereof, and hereby further authorizes and directs the Town Supervisor to execute the aforesaid agreement on behalf of the Town of Queensbury and to take such other and further steps as may be necessary to implement the aforesaid agreement, and BE IT FURTHER, RESOLVED, that any sum due in connection with the aforesaid agreement shall be paid for from Account No.: 00-9089-8089. Duly adopted this 16th day of November, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION Inspiration Park - Roads Attorney Dusek-Stated Paul Naylor has contacted him with his concerns regarding the roads in Inspiration Park. A meeting was held with everyone involved to make sure everyone was in agreement in terms of the roads. At the meeting it was discussed that the roads are in which is the biggest cost of the whole project and that they do meet the specifications of Paul Naylor. The problem is that the leveling and grading of topsoil and soil for a distance of eleven feet off the sides of the roads has not yet been done. Normally this would all be done before the roads were accepted for dedication, but they were concerned that they might not get this done for at least half of the development. Noted the question became that they want to offer the roads for dedication to the Town Board, but don't have the grading done would there be a way to handle this. As a result of that there is a proposed agreement drafted which would allow the developer to dedicate the roads to the Town of Queensbury, but insure and guarantee through a posting of a letter of credit or cash that the leveling and grading will be finished within a particular time period. It would either be that or continuing the bond that is currently in effect. My understanding is that they would like to get out from under the bond as soon as they can so they may want to substitute cash or a letter of credit. In addition to that it is my understanding that as of today they were suppose to go out to the site and look at a proposed grading plan for a couple of houses. The idea was that they were going to have a model grading plan done so everybody involved would be in agreement with it. The way the agreement is written up would say, that's the way the grading will be done, it will be done by a certain date and money posted to make sure that it gets done. Noted that he wanted to touch base with the board to see if they saw any problem with this type of procedure in terms of protecting the Towns interest and the grading issue. Noted the money is there to protect this it's a little different than what's been done in the past, but your not waving any specifications your just giving them a little extra time. Supervisor Brandt -Questioned how is the amount of money derived? Attorney Dusek-It will be whatever it cost them to grade it. They will in turn give the figure to Paul Naylor and he will review it to make sure the figure is ample to cover the Town in the event the Town gets stuck with doing the job. Councilman Tucker-Questioned if it's in the Towns right-of-way? Attorney Dusek-Yes. Councilman Monahan-Asked what the finish date would be? Attorney Dusek -Noted his understanding is they are going to try to grade everything before the end of December. The only thing that they would have left over for the springtime would be the seeding. But, if the ground freezes to quickly they may not be able to finish all the grading this fall. What they want is a couple of dates by which they have to do it. Presented board members with agreement. Supervisor Brandt -Stated that he has no problem with it. Councilman Caimano-Stated he has received a letter from John Lapper regarding the Red Lobster project. Noted he is not interested in talking about the project until the County has discussed it and voted on it. It was the decision of the Town Board to wait until the County has made their recommendation. OPEN FORUM Barbara Pallozzi-Ridge Road, Queensbury. Spoke to the Board regarding her opposition and concerns for the proposed route for the sewer connection of Eleanor Backon's property. Attorney Dusek-Noted that he would contact Mike Shaw regarding this matter for more information. Councilman Tucker-Questioned if they should put a stop work order on this if a permit was issued. Attorney Dusek-Stated he will contact Mike Shaw and tell him to hold up on everything until further review of this matter. John Salvadore-Spoke to the Board regarding his concerns on the propose 1993 budget for the landfill. Questioned the Board on why should the Town subsidize tipping fees for people who come from other Towns in the County. Supervisor Brandt-Noted that they have asked for a meeting with Encon regarding this matter, but Encon has canceled the meeting and hasn't rescheduled it. Stated that they need to have a dialogue with the regulators so the Town can chose a path. Barbara Bennett-Applauded the Supervisor and Board members on ajob well done in working together putting together the propose budget for 1993. Spoke to the Board regarding her concerns about the insufficient lighting on Bay Road. Supervisor Brandt-Noted that they will contact Niagara Mohawk regarding this matter. Councilman Caimano-Has contacted McKennan Associates regarding establishing a placement program for unemployed workers of the Town. Stated McKennan Associates is a corporate out placement firm that counsels individuals using the latest computer technology and proven marketing strategies to help redirect them into finding new rewarding and satisfying positions. Noted the cost for the Town for twelve employees would cost approximately $3,600.00. Supervisor Brandt-Stated he has received a letter from a local citizen doing exactly the same service that's local. Has asked to have a program put together for this type of service. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 620, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Audit of Bills appearing on Abstract November 16th, 1992 and numbering 92481600 through 92512100 and totaling $344,854.11 is hereby approved. Duly adopted this 16th day of November, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None Abstain: Mr. Caimano #000127 G.F. Newspaper BUDGET WORKSHOP HELD RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 621, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss assessment litigation. Duly adopted this 16th day of November, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 622, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 16th, day of November, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Miss Darleen M. Dougher Town Clerk Town of Queensbury