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1992-12-21 TOWN BOARD MEETING DECEMBER 21, 1992 6:30 p.m. MTG.#119 RES.663-677 TOWN BOARD MEMBERS Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Attorney Paul Dusek James Martin-Executive Director Supervisor Brandt -Called the meeting to order RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 663, 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 moves into Executive Session to discuss Insurance. Duly adopted this 21st, day of December, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION ADJOURNING FROM EXECUTIVE SESSION RESOLUTION NO. 664, 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 moves out of Executive Session and moves back into Regular Session. Duly adopted this 21st. day of December, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BRANDT Supervisor Brandt-Noted the meeting was started in the other office and it included a discussion of insurance, we came out of executive session and still discussed insurance a little bit, basically looked at a couple of plans and resolutions will be prepared based on what we saw and will come up at the next meeting. RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO. 665, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of November 13th, amended set of December 7th and December 10th 1992 and be and hereby are approved and be it further RESOLVED, that the Town Board Minutes of November 23rd is hereby amended to reflect that during the Zoning Regulations Discussion the following items were discussed: what Banking Facility meant and interpretation of Non Enclosed Deck. Duly adopted this 21st day of December, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE DISCUSSION HELD RE: HUDSON POINTE PUD-Councilman Caimano-questioned if the County Planning Board supersedes our regulations? Attorney Dusek-It is not the County Planning Board but rather the SEQRA Regulations...I do not think our Zoning Ordinance can supersede the authority of the State regs or other administrative bodies without their consent because the State gives them the right to come in and object to our status if they want to...The County you could make an argument that they do not have to be involved in the SEQRA process whatsoever, we did partially involve them to the extent that we asked them to sign off, and they have agreed to...Councilman Caimano-My concern is the wording where it looks like it dilutes the Towns responsibility since under our ordinance the PUD calls for us to be lead agency, Paul has explained while that is true the SEQRA Laws call for something else, but reading this second paragraph it appears that the County has to consent before we do something and to me that is improper. It is just a matter of clarification so we do not keep going over the same ground every time we have one of these things, it only slows things down. Attorney Dusek-Re: County I have mixed feelings, there is no clear answer as to whether the County has to be notified or not notified of SEQRA... Supervisor Brandt-I have been advised by a citizen that they felt that I have a conflict of interest in this project and in this issue. I do not believe I do have, but I am not going to vote tonight, what I am going to do is give that to the Code of Ethics to look at and advise me what to do. The issue is that, West Mountain group owns a piece of land that has a very long thin parcel attached to it that comes down the face of the mountain and touches one of these parcels that is being donated to the Town of Queensbury as open space land, and someone is saying that, that is a conflict of interest for me. I do not think it is, I certainly will put it in front of the Ethics group and I will not vote tonight, we will see what they have to say. RESOLUTION SETTING DATE FOR PUBLIC HEARING ON HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 666, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, on or about June 15, 1992, the Michaels Group, acting as the Project Sponsor on behalf of the Niagara Mohawk Power Corporation, submitted a letter of intent together with an Environmental Assessment Form with exhibits, and requested that certain parcels of land, bearing tax map numbers: 148-1-2.1, and 151-1-7.1, consisting of a total of approximately 307 acres, and existing, generally, southerly of Corinth Road and west of Sherman Island Road in the Town of Queensbury, be designated a Planned Unit Development in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, on or about the July 6, 1992, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request concerning the Planned Unit Development, to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 31st day of August, 1992, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be lead agent for SEQRA purposes and authorizing notification of all other involved agencies that the aforesaid letter of intent and application had been made, and that a coordinated SEQRA review was desired to be undertaken, and WHEREAS, on or about the 24th day of September, 1992, the Planning Board for the Town of Queensbury adopted a resolution whereby it stated that the Planning Board had reviewed the Sketch Plan and its related documents and was rendering a favorable report to the Town Board with certain stipulations and comments including a recommendation that the Town Board proceed to a public hearing, and WHEREAS, the Warren County Planning Board has reviewed the project and has consented to the Town Board of the Town of Queensbury being the lead agent for SEQRA review purposes, and has also approved the project, and WHEREAS, in view of the foregoing, and in accordance with §179-57 D. of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury desires to set a date for a public hearing on the proposed Planned Unit Development, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the Planned Unit Development has submitted a Part I Long Environmental Assessment Form and a number of exhibits, and that as a result of previous notification of agencies ascertained to be involved in the project, there is no objection to the Town Board of the Town of Queensbury being lead agent for purposes of SEQRA review, and BE IT FURTHER, RESOLVED, as lead agent for the SEQRA review process, the Town Board of the Town of Queensbury hereby determines that it would be appropriate to wait until after the public hearing in this matter, prior to making any determination as to whether the project is appropriately granted a positive or negative declaration, as the Town Board feels that further information may come forth at the time of the public hearing which would assist the Town Board in making a determination with regard to SEQRA, and the Town Board also notes that no action can be undertaken or commenced with regard to the project, until such time as the Town Board shall grant a Planned Unit Development status and that this cannot happen until after a public hearing, and therefore, setting and holding the public hearing prior to making the aforedescribed SEQRA determination would not seem to commit the Town to granting a permit or allowing the project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury determines that it shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed Planned Unit Development identified in the preambles hereof, and BE IT FURTHER, RESOLVED, that the said public hearing shall be held on the 25th day of January, 1993, at 7:00 p.rn., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give at least 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Town Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Planning Department to ascertain a list of the names and addresses of all property owners within 500' of the area proposed to be legislated as a Planned Unit Development, and arrange for a copy of the aforesaid notice to be mailed to all said property owners a minimum of 15 days prior to the scheduled date of the public hearing, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby authorized and directed to give written notice of the public hearing on the proposed Planned Unit Development in accordance with the written notice presented at this meeting, to be delivered at least 10 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 or Section 265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury, and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is hereby authorized and directed to give notice of said public hearing on the proposed Planned Unit Development to the Warren County Planning Agency and the Planning Board of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby directed to give notice of the public hearing to the Adirondack Park Agency, if necessary, in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 21st day of December, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker NOES: None ABSENT:None ABSTAIN:Mr. Brandt RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 667, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt 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: ACCOUNTING: FROM: TO: AMOUNT: 001-1680-4060 001-1680-4400 $ 123.00 (Service Contracts (Misc. Contractual) & Warranties) 001-1680-4070 001-1680-4400 114.00 (Equipment Repair (Misc. Contractual) & Maintenance) RECREATION: FROM: TO: AMOUNT: 001-7020-1340 001-7020-1330 $ 600.00 (Rec. Specialist - PT) (Y. Services Dir.) 001-7020-1340 001-7020-1680 1,500.00 (Rec. Specialist - PT) (Rec. Leader) 001-7020-1340 001-7020-4030 200.00 (Rec. Specialist - PT) (Postage) RECREATION: FROM: TO: AMOUNT: 001-7020-1340 001-7110-1470 2,500.00 (Rec. Specialist - PT) (Working Foreman) 001-7020-1340 001-7110-2080 300.00 (Rec. Specialist - PT) (Pool Equipment) and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 21st day of December, 1992, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 668,92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 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 temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 01 - General Fund 02 - Cemetery Fund $ 5,000.00 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1992 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with Section 9-A of the General Municipal Law. Duly adopted this 21st day of December, 1992, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION BEFORE VOTE ON RESOLUTION 668-Supervisor Brandt-Basically, as I understand it we are short money because in the budget this year is a $75,000 item that nobody can seem to identify what the revenue source is. I have asked the Cemetery Commission for a joint meeting on it and we are still waiting to hear from them, we need a joint meeting to start resolving who has got what authority and who doesn't and how we are going to handle these things and while I understand fully if there is a short fall the general fund is going to have to come up with it I certainly what to start to find lines of responsibility so we all know what we are doing. Because we have to keep making payments and conducting business until we iron those things out this resolution is to help keep an orderly conduct of business. Councilman Tucker- Will the $5,000 get us to the first of the year? Supervisor Brandt -Yea, and what happens we wipe out all the surplus and next year we have a bigger problem. What I did not understand and I wrote to them about, if there was a $75,000 short fall and it's really shown as a transfer of their money to the general fund to operate with and if that was not meant to be I do not understand why somebody did not notify us to that effect? I think there are questions there and I think we need discussions about it. Councilman Caimano- The answer is the $5,000 is just to get us over the hump...Councilman Tucker-That will take us now until the end of the year I gather... Supervisor Brandt-We think so. RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY - COMMUNITY WORKSHOP, INC. RESOLUTION NO. 669, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for transportation for the elderly in the Town of Queensbury for the year 1993, and WHEREAS, Community Workshop, Inc. has offered to provide transportation services for the elderly for the year 1993 for an amount of $14,029.00, and is determined to be the only, and therefore, lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the contract for transportation of the elderly for the Town of Queensbury for the year 1993 to Community Workshop, Inc., for an amount of $14,029.00, and BE IT FURTHER, RESOLVED, that the contract amount shall be paid for from the previously budgeted account. Duly adopted this 21st day of December, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None ABSTAIN:Mrs. Monahan RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 670, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt 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: 004-5110-1440 004-5130-2040 $ 737.78 (Heavy Equipment) 004-5110-1450 004-5130-2040 2,597.40 (Heavy Equipment) 004-5110-1400 004-5130-2040 57.65 (Heavy Equipment) 004-5130-4400 004-5130-2040 10,707.17 (Heavy Equipment) HISTORIAN: FROM: TO: AMOUNT: 001-7510-4400 001-7510-2001 $ 1,650.00 (Misc. Contractual) (Misc. Equipment) PLANNING, ZONING: FROM: TO: AMOUNT: 001-8020-4130 001-8020-4050 $ 1,000.00 (Legal Services) (Books & Publications) 001-8020-4130 001-8020-1610 5,000.00 (Legal Services) (Planning Assistant) WASTEWATER: FROM: TO: AMOUNT: 32-8110-4990 32-8110-4200 $ 222.00 (Rental Payments - (Insurance - Quaker Quaker Road Sewer Road Sewer District) District) and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 21st day of December, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD RE: RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE ADIRONDACK PARK AGENCY FORM REGARDING MICHEL DIPALMA-Introduced by Mr. Pliney Tucker, Seconded by Mrs. Susan Goetz- Councilman Monahan-questioned the application: "If your local town or village has zoning or other regulations which apply to your project, the Adirondack Park Agency will be unable to issue a permit if the town or village has either (a) refused to grant a necessary permit or... "I understand that they were refused a permit by the Town in 88. Mr. Jim Martin-They were denied a variance for expansion of a dock. Supervisor Brandt-The applicant is back and he is asking.. .Mr. Jim Martin-This has a funny twist to it there is a deed restriction that also goes with the property as limiting the size of the dock and the Zoning Board back in '88 felt that, that was something they simply had no control over, it did not fall under their preview so to speak, so they denied it and the applicant came back to the Town this past April wanting a new hearing. Councilman Goetz-Don't you have to have just cause for asking for a re-hearing? Mr. Martin-That was exactly the point that was raised in discussion, there had to be just cause or new information or something of that effect. The Board found that there was no new information and they denied it at that time. Councilman Caimano-Doesn't the Planning Board get involved with docks also on the lake? Mr. Martin-Yes, but you first have to go for a variance to have it allowed and then if it was allowed the site plan would then be reviewed by the Planning Board. Councilman Caimano- My question is has there been, is this a way to skirt the other regulations? Mr. Martin-No. Councilman Monahan-questioned if this was going through our books we have regulations and I do not know if anybody checked this out about where these boats end up relative to the neighbors? I do not want to say that we do not have any concerns about this at this stage of the game...Attorney Dusek-The whole idea of, behind sending this form up was to make sure they kept the Town in the loop...my recommendation to the board would be to table it for now until we can clean it up and make sure it says everything it was supposed to...I still think it should go to the APA so that they have everything....Motion withdrawn by Mr. Tucker and Mrs. Goetz... RESOLUTION REGARDING STREET LIGHTS RESOLUTION NO. 671, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of a street light at Cranberry Lane and Sherman Avenue and increasing the watts and direction of the light at Bay Road and Walker Lane, NOW, THEREFORE, BE IT RESOLVED, that the following street light be installed: One (1) 150 watt sodium street light at the corner of Cranberry Lane and Sherman Avenue (pole #117), and Angle direction of light toward intersection of Walker Lane and Bay Road and increase the watts to 250 watt high pressure sodium (pole #87) and, BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation. Duly adopted this 21st day of December 1992 by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None DISCUSSION-Councilman Caimano-questioned the status of the proposed lights on Quaker and Country Club and Quaker and Glenwood-Councilman Tucker-We are working on it...1 have to meet with the man from Niagara Mohawk, we have to set a pole there and we have to get permission from Warren County on the Glenwood area and the other one should be going on the pole that is there. RESOLUTION AUTHORIZING CLOSING OF CERTAIN CAPITAL PROJECT FUNDS AND TRANSFERRING REMAINING BALANCES TO RECREATION ASSESSMENT RESERVE FUND #61 RESOLUTION NO.: 672, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Chief Fiscal Officer of the Town of Queensbury recommends that the following Capital Project Funds are no longer needed: Fund #81 - Ridge Road Recreation Project (approx. $17,294.), Fund #83 - South QBY Park Rec. Project (approx. $16,585.), Fund #84 - West End Park Rec. Project (approx. $936.), and Fund #88 - QBY School Park Rec. Project (approx. $6,031.) , and WHEREAS, the funds for the Capital Projects initially came from Fund #61 (Recreation Assessment Reserve Fund), NOW, THEREFORE, BE IT RESOLVED, that the Chief Fiscal Officer of the Town of Queensbury hereby directs and authorizes the following Capital Project Funds be closed and the fund balances returned to Fund #61 (Recreation Assessment Reserve Fund): Fund #81 - Ridge Road Recreation Project (approx. $17,294.), Fund #83 - South QBY Park Rec. Project (approx. $16,585.), Fund #84 - West End Park Rec. Project (approx. $936.), and Fund #88 - QBY School Park Rec. Project (approx. $6,031.). Duly adopted this 21st day of December, 1992, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION-AMENDING 1992 BUDGET - WATER AND WASTEWATER-Introduced by Mr. Michel Brandt Seconded by Mr. Nick Caimano-Councilman Monahan-questioned if we were allowed to move from Capital Improvement Line, is that ok to do...Attorney Dusek-I will research that...Motion withdrawn by Supervisor and Mr. Caimano RESOLUTION AUTHORIZING CLOSING OF A CERTAIN CAPITAL PROJECT FUND AND TRANSFERRING REMAINING BALANCE TO THE GENERAL FUND #01 RESOLUTION NO.: 673, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Chief Fiscal Officer of the Town of Queensbury recommends that the following Capital Project Fund is no longer needed: Fund #71 - Dixon Rd/Cottage Hill Drain. Proj. (approx. $52,000), , and WHEREAS, the funds for the Capital Project initially came from Fund #01 (General Fund), NOW, THEREFORE, BE IT RESOLVED, that the Chief Fiscal Officer of the Town of Queensbury hereby directs and authorizes the following Capital Project Fund be closed and the fund balance returned to Fund #01 (General Fund): Fund #71 - Dixon Rd/Cottage Hill Drain. Proj. (approx. $52,000), Duly adopted this 21st day of December, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None DISCUSSIONS 1. Administration Building of the Water Dept. - Supervisor Brandt recommended a discussion on the funding for the administration building- against long terms bonds for the building....noted there is enough in the reserve fund to pay for the building... Councilman Monahan- Ralph, according to Tom's note you will need approximately $118,000 to complete the work there do you have enough in the surplus account that has built up between the end of last year and what it looks like at the end of this year, to pay for that out of funds that you have without stripping you of things you might need from that fund? Ralph VanDusen- There are a couple of places you could take that from, my first recommendation, there is a line item in the budget for capital improvements within 8320 the treatment plant the office area, there was money in the 92 budget to cover that if this board deemed appropriate, that is still there, original estimate $830,000 the $600,000 an account was set up of 91 dollars, 92 dollars we put in 230,000 the balance of the project cost. Councilman Monahan-So we have got enough in the budget right now...Ralph VanDusen-There is also enough in the fund balance...Councilman Monahan-It seems smart if we have got it in the budget and the taxes built on that budget to take it right out of the budget where it was came from you still have money left over in that account. Ralph VanDusen-It would be significantly easier, to get it out of the fund balance you have to go through make sure you have met all the revenues and there are several stipulations you have to go through to meet that. It seems much easier and certainly very reasonable to transfer from existing line item funds. Supervisor Brandt-It is also true that I asked you guys not to spend money in those capital reserve accounts this year without specific authorization for it. If the Board desires to fund the rest of this project out of there the money is there. Councilman Monahan-I do not see the sense of borrowing if we have the cash on hand...Councilman Tucker-Would you recommend just to transfer what they need? (Agreed to by the Board) Supervisor Brandt-Where are we with the building? Ralph VanDusen-The building right now is at substantial completion, they are working on the punch list now, hardware on the doors, there was a change order that the Board authorized late in construction, that is scheduled to be delivered January 8th, and ready for an occupancy permit after that. Supervisor Brandt-It is still understood not to move in there until this Board has a chance to review it. Ralph VanDusen-It is my understanding that you had written a memo to the Water Superintendent with that understanding. Attorney Dusek-I will go over that and draft a resolution for the next meeting. 2. LANDFILL-DISCUSSION Supervisor Brandt-We have a landfill that we have to close fairly soon. There is now a Federal Law which was enacted late last year, that law says that we best close the facility before October 9th 1993 otherwise we come under new mandates that we probably do not want to come under. We have a million three set aside for closure and we will need approximately three to five million... Sources of income: 1. taking all refuse from the county which we are doing now, that is not enough income to pay the operating expenses...2. to take Paper Mill Sludge from paper mills outside of the County...noted that DEC has been contacted and they seem to think that we could take it..we may be able to take it after the closing because they have beneficial use permits...3. take ash from the burn plant, technically we can take it as refuse, I do not want to unless we have a clay liner and we can't do that, because it is building a new landfill on top of an old landfill.... Attorney Dusek-As clarification regarding ash, DEC noted it was not hazardous waste it appears as regular solid waste... Supervisor Brandt-To quote them directly I think they said it may be far less hazardous than many materials you are already putting in your landfill, they are not about to come out and tell the public that. 4. Rolite-taking ash and mixing it with cement and use it for closure material, gas venting...this seems to me to be a good possibility...this could generate enough money to bring water out to that area, Jenkinsville...enough money in the Rolite process in a year to pay for the water line plus bring us in 3-4 hundred thousand dollars in a years time and if the Hartford site does not open up and we are permitted to keep using this for a gas vent layer we might be able to take in another 6-7 hundred thousand dollars the following year...5. C&D Waste from outside the town outside the County, that is a competitive market and right now we are asking $9.00 a yard the real market is a little less than that...We have a large space at the landfill that we need to fill so that we can close the landfill, we have to get some material to do it...We need to make a plan and send a letter to DEC with our plans and we need authorization to do it. Councilman Caimano-suggested that the the town look at paper mill sludge, seems to have less hazards... Supervisor Brandt-I think we should go paper mill sludge, all we can get we are not in the driver seat we can ask and negotiate for it...ifwe do not generate enough money to close this we are hurting, one of the things I think is very important in closure is to get enough funds to bring water out there. The only way to do that is with the Rolite process... Councilman Goetz-What are the commitments for the paper sludge? Supervisor Brandt-There seems to be a willingness to work together. Attorney Dusek- reviewed with the Board the dates that have to be met with the closing of the landfill... Supervisor Brandt- Reviewed with the Board the how much each process would generate for the landfill... Councilman Monahan-Recommended that the Town do geology studies at the landfill...Councilman Caimano-We have three paths and there is nothing wrong in going in three directions, the Sludge the C&D and Rolite...Attorney Dusek-There are two things that have to be done, with regard to the paper sludge and c&d a letter should be done to DEC clarifying their position a resolution setting a public hearing to amend your local law prohibiting the outside waste should be taken care of and the contracts with the other municipalities should be addressed...letter regarding Rolite, need engineers plans for the process... RESOLUTION AUTHORIZING THE UNDERTAKING OF STEPS REQUIRED TO START TAKING C&D AND PAPER SLUDGE AT THE LANDFILL RESOLUTION NO. 674, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of undertaking such steps as may be required to start taking C&D and Paper Sludge at its landfill from sources outside the Town, and WHEREAS, the Town Board of the Town of Queensbury recognizes that in order to accomplish the above stated purposes a number of steps must be undertaken and the Town Board desires to start to take those steps as authorized by this resolution, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the following steps to occur: 1. That Mr. Caimano and Mr. Brandt meet with and negotiate with companies concerning the delivery of paper sludge to the Town of Queensbury with the understanding however that any agreements to be reached would have to be approved by the Town Board of the Town of Queensbury and also with the further understanding that the necessary authorizations for the Town to accept such waste are not yet in place but are being worked towards. 2. The Town Attorney is authorized to draft a letter to DEC requesting their confirmation that they have no objection to the taking of C&D and Paper Sludge from without the Town of Queensbury at the Town of Queensbury Landfill. 3. The Town Attorney is also authorized and directed to draft an amendment to the local law of the Town of Queensbury which controls the flow of solid waste from without the Town of Queensbury and present that to the Board for its review and for setting a public hearing. 4. The Town Supervisor and Town Attorney are hereby authorized to draft a proposed amendment to the contracts with the other municipalities in Warren County that are currently under contract with the Town to allow the acceptance of both C&D and Paper Sludge at the landfill and present the same to the Town Board first for approval and once approved by the Town Board then submit the same to the other towns for their approval. 5. The Town Attorney is also authorized to contact the County of Warren and ascertain whether the flow control law of Warren County will have any impact in any of the Town of Queensbury's plans to accept C&D and Paper Sludge. Duly adopted this 21st day of December 1992 by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Councilman Monahan-When we talk about C&D waste, that has got to be evaluated because some is ok and some isn't, we have to keep that in mind. Supervisor Brant-The problem is C&D is controlled by the State and they classify it and I think to sample it every day and figure out which is the good and which is the bad is pretty hard to do. RESOLUTION AUTHORIZING THE UNDERTAKING OF STEPS REQUIRED TO START USING ROLITE AT THE LANDFILL RESOLUTION NO. 675, 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 desirous of exploring the possibility of using Rolite at the Town of Queensbury landfill in connection with grading the landfill and connection with a gas venting layer for the closure purposes, and WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing such steps as may be necessary to explore the use of this material and also undertake the steps necessary to obtain authorization for the use of such material, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the following steps to occur in connection with Rolite: 1. To Contact Morse Engineering and begin the use of engineering services to develop a plan incorporating in connection with the Rolite process not to exceed Seven Thousand Dollars ($7,000.00). 2. Contact the manufacturers of Rolite concerning use of their material and under what terms and provisions such use could occur. 3. To draft language for the amendment to the Town's Contract to include a provision for the possibility of accepting Rolite at the landfill. 4. To contact the County relative to the flow control law and also concerning negotiations concerning acceptance of the manufacturing of Rolite using ash as the raw product. AND BE IT FURTHER RESOLVED, that cost of engineering expenses will be paid for from the appropriate landfill active closure account. Duly adopted this 21st. day of December, 1992 by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: Mrs. Monahan ABSENT: None DISCUSSION-P A YROLL-PLANNING BOARD AND ZONING BOARD-Supervisor Brandt-The State Auditor has requested that the re-imbursement for expenses for the Planning and Zoning Board Members be placed on the payroll...or they must document their expenses, if it is mileage, date, miles and what they went to see...I would like to treat it as payroll...Councilman Caimano-I think it is payroll... Attorney Dusek-Noted that 25 per meeting would be hard to budget you do not know how many meetings there will be...questioned if there should be a set fee per year...Councilman Goetz-Questioned what about those who do not attend the meetings... Councilman Monahan-questioned if they hit the minimum wage requirements...noted she felt that they should keep track of their mileage... Supervisor Brandt-requested that the Town Attorney speak to the auditor and suggest back to us next monday a resolution that could resolve this so that we can be legal with Federal Law. Councilman Monahan-A person has called about the light at Glenwood and Quaker not working properly... Supervisor Brandt-that light is being transferred in title to the County right now and then is going to be transferred to us subject to an analysis that it is working correctly, requested the Town Clerk to contact the Highway Supt. and tell him to look at that... Councilman Monahan-Dirt out of Hovey Pond that was paid by the landfill closure fund was retrucked back down to Hovey Pond and used there under recreation now has anything been done to repay that money into the landfill... Supervisor Brandt-No there won't be if! can help it... Councilman Caimano-Questioned if the City has been contacted regarding the landfill... Supervisor Brandt- The Attorney was attempting to dictating a letter on that matter this afternoon... DISCUSSION-NEW ELECTION DISTRICTS-Attorney Dusek-Mr. Bob Allen from the Board of Elections will come back to the Town Board with a proposaL.. there is more of an impact than what was thought, committeemen can be effected by the District changes... OPEN FORUM Mr. Paul Arnold-on the Board of the Glens Falls Farmers Market-Requested a market last spring at Glenwood Manor in their parking lot, I have met with Jim Martin this fall and the zoning is set the only thing we were put under was the transient merchant part, the fee is $1,000 per year....noted other areas no fee required, such as Glens Falls and Saratoga there are other fees that range from $25 to $50...the fee is too high...questioned if there could be a different classification that we could be under, a waiver offee...or reduce the fee for the first year... Councilman Monahan-Questioned that this market will be in competition with our own farmers in the area, we have to look at this... Supervisor Brandt-requested that Mr. Martin meet with the G.F. Farmers Market representatives and review this proposal...Mr. Martin-noted that in reading other laws in other areas that they do have to comply with zoning... (Councilman Nick Caimano left the meeting) DISCUSSION-PROPOSED BIKE PATH ON D&H RAILROAD PROPERTY-Mr. Patrick Beland of Warren County Parks and Recreation, addressed the Board, he has requested that the Town consider the use of the D&H Railroad bed for a bike trail...agencies will be canvassed for their interest in the railroad bed, the Town, County, City and N.Y. State Dept. of Parks and Recreation, and possibly DEC...if everybody is in agreement this portion of railroad bed would be utilized for a pedestrian and bikeway facility...the County should be lead agency on this project...if all parties do not agree DOT will have to use preferential acquisition rights which could take forever...re: costs-we will pursue funding sources...Councilman Goetz- Questioned the sewer easement.. Supervisor Brandt-we want those as a permanent part of the record...also spoke on the alignment of Glenwood and Quaker and Country Club, Quaker, that should be looked at...Dave Hodgson-used maps-Queensbury Environmental Advisory Committee-working on a bike trail project in Queensbury for the last three years...connect the current Warren Co. Trail with the densely populated areas of the Town...would like to network 20-25 miles oftrails...Jack Leobowitz-N.Y. State Bicycling Coalition-purpose of organization to facilitate bicycling in N.Y. State-requested that the Town talk to the City of Glens Falls and the people in Warren County and get behind the development of this project... we have been waiting for years for this piece of railroad bed to be abandoned... there is a source of federal funding to do 80-95% of the bikeway construction including right of way acquisition etc. Supervisor Brandt-We have stated in the past that we are for this idea in Queensbury...Attorney Dusek- Noted he will pull the previous resolution and bring it forth on Monday night. (Councilman Caimano entered the meeting) Barbara Bennett -Questioned if there were any discussion regarding new street lights? Supervisor Brandt-No...problem seemed to be too low in wattage... Barbara Bennett-Regarding the Ward changes, are certain wards growing more than others? Councilman Caimano-three and four...it is the districts that are changing... Councilman Tucker-We sent it to Warren County Board of Elections and Mr. Allen is putting a plan together and will present it to the Town Board... Barbara Bennett-Do you have more than one insurance agency applying this year? Councilman Monahan-We discussed that early in the year and talked about having some consultants...we did discuss what companies we were going to insure through... RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 676, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz: RESOLVED, that Audit of Bills as appears on Abstract dated 12/18/92 and numbered 92539300 through 92568900 and totaling 244730.89 be and hereby is approved and be it further RESOLVED that this reflects the pulling of voucher number 92568500 totaling $156.00. Duly adopted this 21st. day of December, 1992 by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Councilman Monahan voucher #92548500 Councilman Caimano-vendor number 00127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 677, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss matters leading to appointment of firm, company for bonding purposes, and litigation matters. Duly adopted this 21st. day of December 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE No action taken...on motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury