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1993-01-04 1993 ORGANIZATIONAL MEETING JANUARY 4, 1993 7:00 P.M. MTG#1 RES. 1-47 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 SUPERVISOR BRANDT Supervisor Brandt opened meeting. The following resolutions were passed. RESOLUTIONS RESOLUTION ESTABLISHING RULES OF PROCEDURE Resolution No.1, 93, Introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mr. Nick Caimano RESOLVED, that pursuant to the authority granted by Section 63 of the Town Law of the State of New York, the Town Board hereby determines that Robert's Rules of Order shall be its rules of procedure during the year 1993, except when the same are not in accord with the Town Law or with other resolutions of this Board. Duly adopted this 4th day of January, 1993, by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION TO SET TOWN BOARD MEETING Resolution No.2, 93, Introduced by Mr. Pliney Tucker who moved its adoption Seconded by Mrs. Susan Goetz RESOLVED, that pursuantto Section 62 of the Town Law of the State of New York, regular meetings of the Town Board of the Town of Queensbury shall be held every Monday of each month hereafter at 7 :00 pm at the Queensbury Center, 531 Bay Road, Town of Queensbury, unless such days and times are changed with prior public notice. Duly adopted this 4th day of January, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None RESOLUTION REGARDING FINANCIAL REPORT OF THE TOWN SUPERVISOR Resolution No.3, 93, Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mr. Pliney Tucker RESOLVED, that the Town Supervisor be and hereby is permitted and allowed to file a copy of the Annual Financial Report to the State Comptroller, as required by Section 30 of the General Municipal Law with the Town Clerk on or before March 1, 1993, in lieu of filing a separate financial report as required by Section 119, Subdivision 2 of the Town Law by February 1, 1993. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz NOES: None ABSENT:None RESOLUTION TO ESTABLISH SALARIES FOR ZONING BOARD OF APPEALS AND PLANNING BOARD MEMBERS Resolution No.4, 93, introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mr. Nick Caimano RESOLVED, that the fees for members of the Planning Board and Zoning Board of Appeals be set for the year 1993 as follows, per meeting: Chairman: 35.00 per meeting, not to exceed $900.00 total for the year; Secretary: 30.00 per meeting, not to exceed $900.00 total for the year; Member: 25.00 per meeting, not to exceed $900.00 total for the year; and BE IT FURTHER, RESOLVED, that insofar as Resolution No. 700, 92 did or is determined to have set the salaries for the Members, Chairmen, and Secretaries of the Boards, the same is amended to be consistent with the terms and provisions of this resolution, and BE IT FURTHER, RESOLVED, that the salaries for the Chairmen, Secretaries, and Members shall come from the Town General Budget and from the accounts designated therein for such purposes. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING ATTENDANCE AT ANNUAL MEETING OF THE ASSOCIATION OF TOWNS Resolution No.5, 93, Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mr. Michel Brandt RESOLVED, that pursuant to Section 116, Subdivision 10 of the Town Law of the State of New York, the following Town Officers and employees be and they hereby are authorized to attend the annual meeting of the Association of towns of the State of New York to be held in New York City on February 14-17, 1993: Town Attorney Historian Any Member of the Town Board and be it further RESOLVED, that the Town Attorney be and he hereby is authorized to cast the vote of the Town of Queensbury in said Association, and be it further RESOLVED, that all necessary and reasonable expenses incurred at this meeting are a proper Town charge. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO APPOINT PURCHASING AGENT Resolution No.6, 93, Introduced by Mr. Pliney Tucker who moved its adoption Seconded by Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Darleen M. Dougher as Purchasing Agent for the 1993 year. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO APPOINT SECRETARY IN HIGHWAY DEPARTMENT Resolution No.7, 93, Introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Mrs. Jean Pumer as Confidential Secretary in the Highway Department for the year 1993. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO APPOINT JUSTICE CLERK Resolution No.8, 93, Introduced by Mr. Pliney Tucker who moved its adoption Seconded by Mrs. Betty Monahan RESOLVED, that pursuantto Section 20, Subdivision leA) of the Town Law of the State of New York and pursuant to Section 109 of the Uniform Justice Court Act of the State of New York, Karen Stockwell of New York is hereby appointed Town Justice Court Clerk, to serve at the pleasure of the Board, and be it further RESOLVED, that the Administrative Board of the Judicial Conference of the State of New York be notified of the appointment. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO APPOINT DEPUTY COURT CLERK Resolution No.9, 93, Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of the Town of Queensbury hereby appoints Mrs. Carol Finamore as Deputy Court Clerk for the year 1993. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO APPOINT LANDFILL SUPERINTENDENT Resolution No. 10,93, Introduced by Mr. Pliney Tucker who moved its adoption Seconded by Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints James Coughlin as Landfill Superintendent and Director of Recycling. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO APPOINT BUDGET OFFICER Resolution No. 11, 93, Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mr. Pliney Tucker RESOLVED, that pursuant to Section 103, Subdivision 2 of the Town Law of the State of New York, Michel R. Brandt be and hereby is Budget Officer of the Town of Queensbury. Duly adopted this 4th day of January, 1993, by the following vote: AYES :Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan NOES :None ABSENT:None ABSTAIN: Mr. Brandt RESOLUTION TO APPOINT REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER Resolution No. 12, 93, Introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mrs. Susan Goetz RESOLVED, that pursuant to Section 4121, Subdivision 3(A) of the Public Health Law of the State of New York, Darleen Dougher be and she hereby is appointed Registrar of Vital Statistics and Records Access Officer, to serve at the pleasure of the Board. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO APPOINT TOWN HISTORIAN Resolution No. 13, 93, Introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Marilyn VanDyke to the position of Town Historian for the Town of Queensbury. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO APPOINT TOWN HEALTH OFFICER Resolution No. 14,93 Introduced by Mr. Pliney Tucker who moved its adoption Seconded by Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Dr. Robert Evans to the position of Town Health Officer for the Town of Queensbury. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION SETTING COMPENSATION FOR SCHOOL CROSSING GUARD AND COURT ATTENDANT Resolution No. 15, 93, Introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mr. Nick Caimano RESOLVED, that the daily rate for special policemen of the Town of Queensbury be established as follows: School Crossing Guard: $19 per day for normal school hours, plus $6.85 per hour for hours worked over 2 hours per day Court Attendant: $8.50 per hour $15.00 per paper serving Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AUTHORIZE PURCHASE OF POSTAGE FOR WATER AND HIGHWAY DEPARTMENTS Resolution No. 16, 93, Introduced by Mr. Michel Brandt who moved its adoption Seconded by Mr. Nick Caimano WHEREAS, it is deemed advisable to purchase stamps for the use of the Water and Highway Departments for small mailings rather than using the postage machine at the Town Office Building, NOW, THEREFORE, BE IT RESOLVED, that each department shall be allowed to purchase 200 stamps and the supply be replenished as needed. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO REAPPOINT DIRECTORS OF THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION Resolution No. 17,93, Introduced by Mrs. Betty Monahan who moved its adoption Seconded by Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has caused to be created the Queensbury Economic Development Corporation, and WHEREAS, the Town Board of the Town of Queensbury has the authority to appoint Directors of the not- for-profit corporation, and WHEREAS, the By-Laws of the Queensbury Economic Development Corporation state that appointments of Directors are for a one year term, and WHEREAS, the period of the term is from January 1 to December 31, NOW, THEREFORE, BE IT RESOLVED, that the following persons are hereby appointed to serve on the Queensbury Economic Development Corporation for the calendar year 1993: Mr. Dean Beckos Mr. John Cushing Mr. Joseph DeMeo Mr. Edward Dienst Mrs. Susan Goetz Mr. Herbert Heineman, Jr. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None DISCUSSION HELD-Councilman Tucker-I thought we were going to eliminate that...Attorney Dusek-If you decide that is what you want to do it would be helpful to have somebody on the board to close of the Board's affairs...it will take a few months to get through the process... Supervisor Brandt-I think we are hearing the consensus that we are ready to start it... RESOLUTION DESIGNATING OFFICIAL BANKS Resolution No. 18, 93, Introduced by Mr. Pliney Tucker who moved its adoption Seconded by Mr. Nick Caimano RESOLVED, that pursuantto Section 64, Subdivision 1 of the Town Law of the State of New York, the following be and they hereby are designated depositories for the funds of the Town of Queensbury for the fiscal year 1993: Chase Lincoln First Bank, NA First National Bank of Glens Falls Glens Falls National Bank and Trust Company Key Bank, NA Fleet Bank Trustco Bank New York, and be it further RESOLVED, that authority be and hereby is delegated to the Town Supervisor to determine the accounts and the amounts to be deposited in each bank. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION DESIGNATING OFFICIAL NEWSPAPER Resolution No. 19,93, Introduced by Mr. Michel Brandt who moved for its adoption Seconded by Mrs. Susan Goetz RESOLVED, that pursuant to Section 64, Subdivision 11 of the Town Law of the State of New York, the Post Star is hereby designated as the official newspaper of the Town of Queensbury. Duly adopted this 4th day of January, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Tucker, Mrs, Monahan, Mr. Brandt Noes: None Absent:None Abstain:Mr. Caimano RESOLUTION ESTABLISHING MILEAGE ALLOWANCE Resolution No. 20, 93, Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mr. Michel Brandt RESOLVED, that pursuant to Section 116 of the Town Law of the State of New York, the sum of$.26 per mile be and hereby is allowed for the actual and necessary use of the personal automobile of any Town Official in the performance of his or her duties. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION SETTING BONDED ACCOUNTS FOR CERTAIN PUBLIC OFFICIALS Resolution No. 21, 93, Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mr. Michel Brandt WHEREAS, Town Law, Section 25, requires towns to bond certain public employees, and WHEREAS, local governments are delegated the authority to set the amount of the bonds for such public employees, and WHEREAS, the Town Board has caused a review to be made of the amount of the bond to be set after considering the actual responsibilities performed and in accordance with the guidelines established by the Office of the State Comptroller, NOW, THEREFORE, BE IT RESOLVED, that for the calendar year 1993, Public Employee Bonds, pursuant to Section 25 of the Town Law, are $100,000 per employee with excess limits of indemnity set as follows: Town Supervisor 1 $100,000 Receiver of Taxes 1 $100,000 Town Clerk 1 $100,000 Deputy Town Clerk 1 $100,000 Landfill Superintendent 1 $100,000 Landfill Assistants 3 $ 50,000 Deputy Receiver of Taxes 1 $100,000 Dog Control Officer 1 $100,000 Deputy Town Clerk 2 $100,000 Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE ON BONDING RESOLUTION Councilman Tucker-What about the Deputy Supervisor? Attorney Dusek-Well check into this... RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SERVICES, INC., FOR DEVELOPMENT AND IMPLEMENTATION OF A ROAD MAINTENANCE SYSTEM FOR THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 22, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has received a request to authorize the development and implementation of a computerized Road Maintenance System for the Town Highway Department, and WHEREAS, the network system currently utilized by the Town of Queensbury Highway Department has been installed and serviced by Business Automation Services, and WHEREAS, Business Automation Services has offered to provide the services necessary to develop and implement a Road Maintenance System for the Town Highway Department, in accordance with the following proposal: a. Systems Analysis/Software $3,000. - $3)00. b. InstallationlTraining/Support $ 600. - $ 900. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Business Automation Services and the purchase of the system analysis/software as set forth in the preambles hereof, and further authorizes and directs the Town Supervisor to take all steps that may be necessary to accomplish the purposes of this resolution, and BE IT FURTHER, RESOLVED, that any contracts entered into in accordance with the terms and provisions of this resolution shall be in a form to be approved by the Town Attorney, and after being approved by the Town Attorney, may be executed by the Town Supervisor without further resolution of this Board, and BE IT FURTHER, RESOLVED, that payment for the amounts due for the contracts authorized herein shall be paid from Account No.: 001-5010-2032 (Computer Equipment). Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SETTLEMENT OF CLAIM OF FLORENCE M. GALLAGHER RESOLUTION NO.: 23, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, there has heretofore been commenced a certain action entitled, "Florence M. Gallagher vs. Town of Queensbury," and WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing settlement of the same, subject to Court approval, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves settlement of the above-referenced action in the amount of $750.00 and in accordance with the terms and provisions of the proposed Stipulation of Settlement, subject to Court approval, and BE IT FURTHER, RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized to execute the Stipulation on behalf of the Town of Queensbury and take such other and further action as may be necessary to completely resolve the litigation by filing papers and filing for Court orders, and BE IT FURTHER, RESOLVED, that payment of the amounts due shall be made from the appropriate Sewer District account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AMENDING 1992 BUDGET RESOLUTION NO.: 24, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, actual revenues are less than estimated revenues for the Cemetery Fund (Fund #002) for 1992, and WHEREAS, the Director of Accounting Services and the Chief Fiscal Officer have recommended and approved of budget amendments needed to cover said shortfall, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1992 Budget be amended as follows: 1) Increase Appropriations in Account #001-9901-9002 (Transfer to Cemetery Fund) in the amount of $10,000.00; 2) Increase General Fund Appropriated Fund Balance by $10,000.00; and 3) Increase Estimated Revenues in Account #002-002-5031 (Interfund Revenue to Cemetery) in the amount of $10,000.00; and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 25, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that social and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Queensbury Senior Citizens, Inc., to provide said recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town of Queensbury and the Queensbury Senior Citizens, Inc., for the 1993 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said agreement be approved in its present form and that the programs and activities described therein be provided to senior citizens of the Town of Queensbury, and WHEREAS, this agreement is permitted and authorized by Section 95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Queensbury Senior Citizens, Inc., said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment due on said agreement be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE VETERANS OF FOREIGN WARS RESOLUTION NO. 26, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Veterans of Foreign Wars, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, 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 1993 RESOLUTION NO.: 27, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting 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, an agreement between the parties 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 4th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 28, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that social and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Glens Falls Senior Citizens, Inc., to provide said recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town of Queensbury and the Glens Falls Senior Citizens, Inc., for the 1993 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said agreement be approved in its present form and that the programs and activities described therein be provided to senior citizens of the Town of Queensbury, and WHEREAS, this agreement is permitted and authorized by Section 95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Glens Falls Senior Citizens, Inc., said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH CHAPMAN MUSEUM RESOLUTION NO.: 29, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury is desirous of entering into a agreement with the Chapman Museum, and WHEREAS, the aforesaid agreement has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE ADIRONDACK CHAPTER 79, VIETNAM VETERANS OF AMERICA RESOLUTION NO. 30, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Adirondack Chapter 79, Vietnam Veterans of America, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE LITERACY VOLUNTEERS RESOLUTION NO.: 31, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that certain remedial reading services be provided for illiterate adults residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Literacy Volunteers, to provide said services, and WHEREAS, a proposed agreement between the Town of Queensbury and the Literacy Volunteers, for the 1993 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and NOW, THEREFORE, BE IT RESOLVED, that the Agreement with Literacy Volunteers is hereby approved, and the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Literacy Volunteers, said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE AMERICAN LEGION RESOLUTION NO. 32, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is desirous of entering into a contract with the American Legion, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT WITH BIG BROTHER/BIG SISTERS RESOLUTION NO. 33, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town of Queensbury is desirous of entering into an agreement with the Big Brothers/Big Sisters, and WHEREAS, the aforesaid agreement has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the agreement set forth above, and BE IT FURTHER, RESOLVED, that payment due on said agreement be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE HYDE COLLECTION RESOLUTION NO. 34, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Hyde Collection, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th, day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GLENS FALLS YOUTH CENTER RESOLUTION NO.: 35, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that certain services and other benefits, such as career counseling, dinners and other like services be provided for economically disadvantaged youths residing in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement should be entered into with the Glens Falls Youth Center, to provide said services and other benefits, such as career counseling, dinners and other like services, and WHEREAS, a proposed agreement between the Town of Queensbury and the Glens Falls Youth Center, for the 1993 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said agreement be approved in its present form and that the services and activities described therein be provided to economically disadvantaged youths in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Glens Falls Youth Center, said agreement be in full force and effect under the terms and conditions specified therein, with an original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT WITH THE MOUNTAINSIDE FREE LIBRARY RESOLUTION NO. 36, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury is desirous of entering into an agreement with the Mountainside Free Library, and WHEREAS, the aforesaid agreement has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the agreement set forth above, and BE IT FURTHER RESOLVED, that payment due on said agreement be paid from the previously budgeted account. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT FOR ENGINEERING SERVICES RESOLUTION NO. 37, 93 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 continuing to employ the services of Rist-Frost Associates, PC, as consulting engineers, to provide engineering technical services to the Planning Department and Planning Board and, where necessary, the Zoning Board of the Town of Queensbury, and WHEREAS, an Agreement has been presented at this meeting, which Agreement would provide for the continuation of such services for the year 1993, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, hereby determines and authorizes the retention of the engineering firm Rist -Frost Associates, PC, in accordance with the terms and provisions of an Agreement, to be substantially similar to the one presented at this meeting, the same to be in a form approved by the Town Attorney and executed by the Town Supervisor, and BE IT FURTHER RESOLVED, that the cost for engineering services shall be paid for from the Reimbursable Engineering Services Account of the Planning Department. Duly adopted this 4th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO RESCIND RESOLUTION NO. 38, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board hereby rescinds resolution numbers 703 and 704 of 1992. Duly adopted this 4th day of January, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION-Attorney Dusek, explained the reasons for rescinding the previous resolutions....noted that Certificate of Necessity was not in front of the Board a the time the resolutions were passed...gave copies to the Town Board... RESOLUTION TO ENACT LOCAL LAW NUMBER 1,1993 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO ADD A NEW PARAGRAPH KNOWN AS SECTION 136-137(B) RESOLUTION NO. 39, 93 INTRODUCED BY:Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to add a new Paragraph known as Section 136-137(B) thereof, establishing sewer rents for the Queensbury Technical Park Sewer District, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the originally proposed Local Law entitled "A Local Law Amending the Code of the Town of Queensbury, Chapter 136 thereof, entitled 'Sewers and Sewage Disposal,'" is on file with the Town Clerk and present at this meeting, a copy of said Local Law also having been previously given to each member of the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on December 28, 1992, a public hearing with regard to this Local Law was duly conducted, and WHEREAS, after review of the proposed Local Law, the Town Board is desirous of modifying the same to modify the billing terms to quarterly commencing January 1st, rather than annually, as indicated therein, and WHEREAS, the amended Local Law has not been mailed or before the Town Board for seven days, but the Town Supervisor has certified to the Town Board the necessity for immediate passage, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines the change to the Local Law is not so substantial as to require a further public hearing, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law, as amended, to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to be known as Local Law Number 1, 1993, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Duly adopted this 29th day of December, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None LOCAL LAW NO. 1,1993 A Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal", to add a new provision establishing sewer rents assessable against the Queensbury Technical Park Sewer District: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, is hereby amended to add a new paragraph 136-137B, to read as follows: B. Annual charges pursuant to ~ 136-135 hereof for the Queensbury Technical Park Sewer District: (1) For all occupied properties: Two dollars and twenty cents ($2.20) per thousand gallons of average water consumption, with the formula based on water meter readings for the period of November 1991 to November 1992. and to be billed quarterly, commencing January 1. SECTION 2. All generic provisions (those not specifically designated to apply solely to properties within the Central Queensbury Quaker Road Sewer District) currently a part of Sections 136-135 - 136-148 of the Code of the Town of Queensbury shall apply to sewer rents assessed in the Queensbury Technical Park Sewer District. The said provisions are not included herein as, when this amendment to the Code of the Town of Queensbury is added to the Code and read in context, it will be apparent that the said provisions apply. SECTION 3. This Local Law shall take effect January 1, 1993. RESOLUTION TO ENACT LOCAL LAW NUMBER 2, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO ADD A NEW PARAGRAPH KNOWN AS SECTION 136-137(C) RESOLUTION NO. 40, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to add a new Paragraph known as Section 136-137(C) thereof, establishing sewer rents for the Hiland Park Sewer District, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the originally proposed Local Law entitled "A Local Law Amending the Code of the Town of Queensbury, Chapter 136 thereof, entitled 'Sewers and Sewage Disposal,'" is on file with the Town Clerk and present at this meeting, a copy of said Local Law also having been previously given to each member of the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on December 28, 1992, a public hearing with regard to this Local Law was duly conducted, and WHEREAS, after review of the proposed Local Law, the Town Board is desirous of modifying the same to provide that quarterly billings shall begin January 1st, and WHEREAS, the amended Local Law has not been mailed or before the Town Board for seven days, but the Town Supervisor has certified to the Town Board the necessity for immediate passage, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the change to the Local Law is not so substantial as to require a further public hearing, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to be known as Local Law Number 2, 1993, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Duly adopted this 4th day of January, 1993, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None LOCAL LAW NO.2, 1993 A Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled" Sewers and Sewage Disposal", to add a new provision establishing sewer rents assessable against the Hiland Park Sewer District: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, is hereby amended to add a new paragraph 136-137C, to read as follows: C. Annual charges pursuant to ~ 136-135 hereof for the Hiland Park Sewer District: (1) For residential properties: one hundred dollars ($100.) annually for each residential unit, plus six dollars ($6.00) per thousand gallons of average water consumption in excess of fifty thousand (50,000) gallons but less than 225,000 gallons per year, with the formula based on water meter readings for the period of November 1991 to November 1992, and billed on a quarterly basis commencing January 1. (2) For nonresidential properties: seventeen dollars and fifty-five cents ($17.55) per thousand gallons of average water consumption as indicated by water meter readings from November 1991 to November 1992, and billed on a quarterly basis commencing January 1. SECTION 2. All generic provisions (those not specifically designated to apply solely to properties within the Central Queensbury Quaker Road Sewer District) currently a part of Sections 136-135 - 136-148 of the Code of the Town of Queensbury shall apply to sewer rents assessed in the Hiland Park Sewer District. The said provisions are not included herein as, when this amendment to the Code of the Town of Queensbury is added to the Code and read in context, it will be apparent that the said provisions apply. SECTION 3. This Local Law shall take effect January 1, 1993. RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 41, 93 INTRODUCED BY: Mr. Michel Brandt 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: General Fund - 01 TO: Fire Protection Fund - 05 3,000.00 $ AMOUNT General Fund - 01 Landfill Fund - 910 2,500.00 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 4th day of January, 1993, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None COMMUNICATIONS -Us. Appointments 1. Town Supervisor appoints the following for 1993: Bookkeeper/Director of Accounting Services: EJ Christensen Confidential Secretary: Barbara Howe Deputy Supervisor: Pliney Tucker 2. Town Supervisor's committee list 1993 on file 3. Highway Supt. Paul Naylor appoints Richard A. Missita as Deputy Highway Supt. for the year 1993. DISCUSSION Attorney Dusek-I. Presented the Town Board with a letter to Encon asked the Board to review the letter...2. The State is revising their regulations for landfill closure, they have to comply with the State Environmental Review Act and they have an informational hearing coming up on amendments...January 14th 1993 at 7:00 - 10:00 P.M. Albany Quality Inn ... another hearing on January 29th 1993 at the Empire State Plaza 9:00 - to 12 Noon and 1:30 to 4:30 p.m. (noted other locations throughout the State) the Board may wish to have someone attend at least the informational session... on February 1st. there will be a hearing on this... Supervisor Brandt -if someone could get to the 14th and we see there is something controversial we would ask the engineers to go to the next one... Supervisor Brandt-The letter to Don Corliss is very important, we are asking for the Board to authorizes me to sign it...Attorney Dusek-Noted that Morse Eng. had reviewed the letter and he found the letter acceptable.. . Councilman Caimano-On the 6 o'clock local news Channel 13 the Kamer Blue Butterfly is now on the Federal List of endangered species... Councilman Tucker requested the following letter be read into the record: December 31,1992 West Glens Falls Volunteer Fire Co. Luzerne Road Queensbury, New York 12804 To All Members of the West Glens Falls Volunteer Fire Company: On behalf of the entire Town Board, I would like to thank the officers and members of the West Glens Falls Volunteer Fire Company for your generosity and help in solving the dilemma of funding the North Queensbury Volunteer Fire Co.'s contract. Your help has a very real impact on the needed funding and it shows the spirit of friendship which has always been part of your fire company. Sincerely, /s/ Michel R. Brandt Supervisor OPEN FORUM Town Board requested that the Town Attorney read the proposed letter to Encon... Dear Mr. Corliss, In furtherance of the discussions that were had with representatives of the Department of Environmental Conservation this letter is sent to outline a proposal that the Town of Queensbury wishes to explore with the department. As we discussed the Town of Queensbury is in accordance with a consent Order, is currently developing its closure plan for the Landfill, and as part of that closure plan, has determined that it will be necessary to bring in material to fill, level and grade certain areas of the Landfill so that proper grades for closure may be obtained. In addition, as you know, it will also be necessary for the Town to bring in material for gas venting purposes, as well as for the barrier protection layer. Filling, leveling, and bringing the Landfill to the proper grade has become a particular problem for the Town, as the solid waste stream that, originally, was thought would go into the Landfill, as the Consolidated Landfill, has not occurred. The Adirondack Resource Recovery Facility coming on line much sooner than expected, and recycling, have significantly effected the amount of solid waste being disposed of at the Queensbury Landfill. Gas venting material, as well as material necessary for the barrier protection layer, are also significant concerns of the Town of Queensbury, due to the cost of the material. On the other hand, it would seem that certain types of solid waste, such as construction and demolition debris and paper sludge and ash in the form of Rolite, which we ;understand the Department is familiar with, could be used as filling, leveling, and grading material and eliminate the need for the purchase of more expensive bank run gravel or fill. Also, from a review of the operation of another landfill in Southern New York State it would appear that Bum Plant Ash treated or altered in the form of Rolite could also be used as a gas venting layer. Likewise, from a preliminary review, it would appear that certain types of paper mill sludge may also be sufficient or useable for daily cover and a barrier protection layer purposes. It would seem that material in the nature of construction and demolition debris, paper mill sludge and Bum Plant Ash, is readily available and the proper use of that material could be beneficial as indicated. Secondly acceptance of such materials would provide revenues that could be used in connection with the closure process at the Landfill. With regard to the disposal and/or use of construction and demolition debris, and paper sludge it is my understanding ( noted we could change it to Board's Understanding) that this does not really pose any significant problems for the Department, and that the Town will be requesting that the department indicate, formally, by separate letter, that it has no objection to the Town accepting construction and demolition debris as well as paper sludge from anywhere outside the Town or even the County of Warren for disposal purposes. As far as the use of paper sludge in connection with barrier protection layer this will be formally addressed in a closure plan submission to the Department. With regard to the use of ash in the form of Rolite, the Town requests the Departments assistance. As you know, the Town is very concerned, and it does not want to accept anything in the Landfill, that would possibly pose a threat to residents or future generations that occupy any property in the Town of Queensbury. On the other hand, the Town has received information that indicates that Bum Plant Ash, especially with treated or altered in the form of Rolite, is not known to be dangerous or hazardous. In point of fact, as either you or one of the representatives form DEC confirmed, ash has been determined not to be a hazardous waste. From at least initial indications, it would appear that the same is merely not known to be anything other than another solid waste. Also, it would appear that the same is being landfilled at certain landfills in New York State. More specifically, the Town of Queensbury is currently considering submission of a Closure Plan to the Department that will include the use of ash in the form of Rolite, as fill material and a gas venting material. The Town is notifying the Department of these plans, as the Town will be expending significant sums for engineering fees and would also expect to begin the process of acceptance of Rolite at the Landfill soon, if acceptable. Coincidentally, with the foregoing, it is our understanding that the Adirondack Resource Recovery Facility and Warren and Washington Counties are currently very concerned about continuing to send ash to the Buffalo Landfill for what we understand to be primarily financial reasons. At this point, the Town is therefore asking the Department to review this matter and to either make a beneficial use determination as to Rolite, or at least give some preliminary indications that it has no objection to the use of the same as part of the closure process as indicated herein. It would certainly seem to solve significant problems for the Town of Queensbury, as well as others. It would also appear to be an appropriate solution if, in fact, the Ash is an innocuous material as seems to be indicated by the reports we have heard to date. With the above having been said, however, please note that the Town of Queensbury is willing, as well as desirous, as part of this proposal, to undertake certain additional steps and/or testing measurers to be sure that the assumptions concerning Rolite are in fact, correct. These steps or measures could include run- off and leachate protection, as well as other tests that your Department may feel warranted. This could allow the Department to make a beneficial use determination, or at least allow the use of the Rolite in connection with the Landfill, as a test case. The Town of Queensbury, on the other hand, would receive the extra protection of the tests and safety steps so that its interests could be protected. As you can see from the foregoing, the Town has carefully thought out this matter and is also under certain severe time constraints. Therefore, the Department's immediate attention to this matter would be appreciated. Also, if any questions arise, or as a result of any discussions had, you wish further information, or wish a meeting with anyone from the Town, please do not hesitate to contract us. Thank you for the consideration of this matter. Supervisor Brandt-Another item should be added, in discussion of the Rolite process we should state that by incorporating the Rolite Product it would financially be able to run water out to the immediate area and we should show them that the fund for that water line comes from the Rolite process, a major benefit to be received there. Councilman Monahan-I have a problem with that Mike, I am not sure legally we can run water there without you doing some research unless a real need is shown, if we have done something to the ground water then we can run the water free if we have not done something to the ground water I am not sure we can. Attorney Dusek-I cannot tell you I have a definitive legal answer... Councilman Monahan-I really do not want to put that statement in a letter. Supervisor Brandt-The statement is that is where the funding would come from... Councilman Monahan-if required, I would not put it in as a positive fact... Supervisor Brandt-I just want to point out to them if we do Rolite it gives us the funding mechanism to bring water out there. Councilman Monahan- I would put if necessary at the end of it to make sure we are ok. Supervisor Brandt-Iffound necessary by the Board. Councilman Caimano-Do they know what the Rolite process is? Supervisor Brandt-Yes. Noted that Thursday there will be a meeting with Rolite... Councilman Caimano-Asked that it be noted in the letter that Encon is familiar with the Rolite process... page two should indicate it is the Town Boards understanding... Attorney Dusek-At the end of the letter indicate Michel R. Brandt Town Supervisor on behalf of the Town Board of the Town of Queensbury. Councilman Monahan-Does Jim have a list of the C&D material that is proper to take? Supervisor Brandt-appropriate C&D material... Councilman Caimano-Page 2 third paragraph starting with the word requested the sentence read...With regard to the use of Ash in the form of Rolite the Town requests the Departments assistance. Supervisor Brandt-Polled the Board and it was the consensus that they were comfortable with the letter as amended.. . OPEN FORUM Mr. John Salvadore-With regard to the letter, that letter is the part of the procedure of landfill closure and that procedure is being conducted under the DEC enforcement program and is in the absence of an environmental review because of the nature of the enforcement. Supervisor Brandt-I do not know that. Attorney Dusek-I know there would not be any environmental review under SEQRA if that is what you are talking about, anything in connection with the closure mandates the consent order is not covered by the SEQRA process. Mr. Salvadore-Because it is an enforcement action. Attorney Dusek-Right Mr. Salvadore-The suggestions that you have made in this letter if the DEC comes back and says yes, are you bound by those suggestions? Attorney Dusek-No. First of all the Town if it wanted to as it mentioned in the letter, could certainly go off and buy bank run gravel and fill and regular soil type of materials to fill, grade, level and ultimately buy your, and in fact have bought some gas venting material, you could always do that and be in compliance with regulation and DEC could never prevent that. This letter I do not see how it can bind the town to not go other acceptable routes. The department can either say yes or no or approve or they cannot tell you, you have to do it with this material, I do not think that they have that authority. Mr. Salvadore-They are telling you that you have to close that landfill in the absence of an environmental review because they have enforcement power. You are going into them with another letter a suggestion of what you like to do to keep this process moving, my only point is they say yes, we like it are you bound then by these, are you going to be forced to take the incinerator ash? Attorney Dusek-In my opinion no. Councilman Caimano-In the very first paragraph it talks about the fact that Queensbury wishes to explore with the Department, I do not see anything in here that binds us to anything. Attorney Dusek-This letter is designed to talk about these types of issues, sludge, C&D, and Rolite, and let the town explore it as well as DEC and hopefully the town benefiting from DEC knowledge in these areas, as I envision this. IfDEC says yes, it is all fine, even at that point the Town still has to go through a local law to amend the previous local laws that restrict materials from out of town, it has to enter into new agreements with the other towns or amended agreement with the other towns. The County flow laws there are some things that have to be addressed, some approvals or permits from the County on that, ultimately DEC has to approve a closure plan. This letter does not constitute a closure plan we have to submit a plan which we have in fact done in the past for one cell but we have to do it for the rest of the landfill yet. DEC has to review that plan and approve it. This letter in and of itself is not a plan it could not lock the town in and there are a number of other steps that have to be taken before the town, even if they said yes, that the Town could go ahead, and even if they said yes, in my legal judgement I cannot see any reason why the Town could not then say no and decide that we do not want to do it and we want to do XYZ instead. Mr. Salvadore-You are under time constraints and only given more time at their behest. Lets suppose DEC says we like what we see proceed somewhere down the line this solution to the incinerator ash does not pan out and its not something we want to use, are we going to be forced to out and buy a very expensive material like bank run gravel to do the job within the time we are committed to do it in? Attorney Dusek-We may very well have to because we are under deadlines with that consent order. Supervisor Brandt-The dilemma we saw year end, income at the landfill was $750,000 and when the budget was made it was estimated and I think they really believed it was going to happen at two million two hundred and fifty thousand and that is our dilemma. To close that thing out we are sending all our trash to the bum plant paying $75.00 per ton we certainly would make money at $40.00 a ton through our landfill, we could pay for closing our landfill. The Federal Government just jumped in with another law which we come under which says basically you better get out of the landfill business overnight. Councilman Monahan-Money is not the most important matter here it is the safety and welfare of the residents of this Town and I am personally going to look at anything very skeptically in any new procedures to put material into that landfill to make sure we are not violating the safety and welfare of our citizens and that to me has to be the primary. Supervisor Brandt-We are doing that right now. Mr. Salvadore-Look at what a poor job you have been able to do with them breathing down your neck and forcing their mandate to use that landfill as a consolidated landfill. You were not able to stop that politically or legally. We are paying for that today. Supervisor Brandt-We talked to DEC and said what if we put a layer of impervious layer of clay down and then put ash in, the ash tests, the ones that I have seen and they are independent lavatories basically say the stuff does not leach you can put water through it and heavy metals do not leach out. Why wouldn't we do that, we can't under the rules as they are it would be establishing a new landfill on top of an old landfill we cannot do that so, but we can put it in there raw but we do not want to do that. By treating it with cement it is an additional safety factor and then you are putting it under clay immediately and it is a gas venting layer that you have to put your impervious layer on top of and if it finances water out to the area that is effected I think all those things have to be weighted to come to a determination of what we should do. Councilman Tucker-We have had a plan 6 mos. to DEC to close the first cell and we are still waiting for an answer from them. Attorney Dusek-They have gotten back on that I think. I thought that they got back with some comments on that plan. Supervisor Brandt-They wanted to see some different well samples, additional tests made on the well samples which is fine. Attorney Dusek-Councilman Tucker's remarks are well taken we did wait a long time ... Councilman Tucker-The time limit still there but they are not giving us the ok to go ahead and do what they want done. Mr. Salvadore-How will the change in energy credits effect the ash disposal cost? Supervisor Brandt-The contract with NIMO the contract is still fixed at a certain amount so the new law where NIMO does not have to pay as much for electricity does not effect that contract. Mr. Salvadore-That contract can be broken under another... Supervisor Brandt-There is no question that the counties are looking at breaking that contract, now what would that do to the energy? Mr. Salvadore-What would it do to the ash disposal? They still have to make money. Supervisor Brandt-You are looking at the whole can of worms... it is beyond my ability. Mr. Salvadore-Noted tax rate went up for Town and Library 13.6 percent.. my taxes when up 13% .. the impression I got if the town held its budget and the library went through it was not going to cost us any more. Supervisor Brandt-That is not true. We said our budget was $220,000 and very clearly they said they were raising considerably more than that $280 or something like that... Councilman Caimano- Y ou have to be careful with percentages, 13 .6% on the average assessed valuation amounts to about $3.60 per year so we are not talking about holding a gun to peoples head and bankrupting them. Supervisor Brandt-The public voted that tax in... Mr. Salvadore-I would like to put on the record that I calculated my tax rate increase for those two items at 13.6% ... It was my understanding that you would set a Special Town Board Meeting time for the subject of our lawsuit against the park commission? Supervisor Brandt-Special Meeting set for Thursday at 5:00 P.M. Councilman Monahan-I understand that we have to authorize you to sign the letter so that the wells up at the landfill are not decommissioned... Supervisor Brandt-There are five wells that we drilled by DEC when they made an investigation of whether we were toxic waste site and those five wells they want to abandon and they put us on notice that they were given to us or if we do not want them they will pull them out, we want them because that is five of the wells that we are using for history of records ... Councilman Monahan-Requested that the letter be sent return receipt requested... RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE FORMS FOR DECOMMISSIONING OF WELLS AT LANDFILL RESOLUTION NO. 42, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to execute forms that have been presented by DEC in connection with the decommissioning of the wells at the landfill which forms would arrange for the ultimate transfer of ownership of the wells to the Town of Queensbury. Duly adopted this 4th day of January, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 43, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. Susan Goetz RESOLVED that Audit of Bills as appears on Abstract dated 12/31/93 and numbered 92569900 through 92586300 and totaling $209,174.68 and be and here by are approved and be it further RESOLVED, that the following vouchers were pulled and is reflected in the above total amount: 92581001 in the amount of $1898.13 and 92581200 in the amount of $375.00. Duly adopted this 4th day of January, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano on 000127 Councilman Monahan requested that the voucher submitted by Mr. Hansen be reviewed to see if we should be paying sale tax in another state... RESOLUTION AUTHORIZING LETTER TO BE SENT TO DEC REGARDING LANDFILL CLOSURE RESOLUTION NO. 44, 93 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 authorizes a letter to be sent to DEC regarding Landfill Closure proposals as previously stated above. Duly adopted this 4th day of January 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None Supervisor Brant-Noted that there are three or four cars all registered and insured in the Highway Dept. noted he would like to remove all but one, have them unlicensed and insurance removed... Councilman Caimano-called for a general audit of all department vehicles... Councilman Monahan-Noted some vehicles are only used 6 months out of a year...noted unlicensed vehicles need to keep on comprehension insurance, if we keep the vehicle... Supervisor Brandt-I will call Mr. Naylor and tell him the decision of the Board... Attorney Dusek-Questioned letter to DEC regarding paper sludge and construction & demolition... Councilman Monahan-requested that we know the type of construction and demolition solid waste that we can be taking... Attorney Dusek-I will put limiting language in there. ...acceptable under DEC regulations... (Board agreed to letter..Jetter on file) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 45, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board will hereby move into Executive Session to discuss personnel matters and wage rates and salaries. Duly adopted this 4th day of January, 1993 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION ADJOURNING FROM EXECUTIVE SESSION RESOLUTION NO. 46, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board adjourn from Executive Session and move into Regular Session. Duly adopted this 4th day of January, 1993 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION TO SET SALARIES AND WAGES RESOLUTION NO. 47, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the following salaries are set for 1993: Account Clerk (Accounting) $ 19,940. Assessor 45,160. Assistant Building Inspector # 1 27,430. Assistant Building Inspector #2 28,280. Assistant Dir. of Parks & Recreation 21,000. Bookkeeper-Director of Accounting Services 34,000. Budget Officer 3,600. Buildings & Grounds Superintendent 31,650. Cemetery Superintendent 29,540. Chief Water Plant Operator 36,930. Confidential Admin. Secretary (Atty.) #1 23,270. Confidential Admin. Secretary (Atty.) #2 21,060. Confidential Admin. Secretary (Hwy.) 19,940. Confidential Admin. Secretary (Supv.) 27,300. Court Clerk 24,680. Deputy Court Clerk 23,100. Deputy Highway Superintendent 39,000. Deputy Supervisor 1,000. Deputy Town Clerk #1 25,320. Deputy Town Clerk #2 20,050. Deputy Water Superintendent 46,520. Director of Building & Codes Enforcement 35,350. Director of Parks and Recreation 35,880. Executive Director of Community Development 38,000. Fire Marshall 26,800. Health Officer 7,500. Historian 2,000. Planning Assistant # 1 23,500. Planning Assistant #2 23,500. Principal Account Clerk (Accounting) 29,000. Purchasing Agent 3,000. Real Property Tax Service Assistant (FT) Receiver of Taxes Sr. Account clerk, PT (Town Clerk) Records Clerk/Sr. Center Coordinator Solid Waste Facility Operator Sr. Account Clerk (Accounting) Town Attorney Wastewater Director Water Maintenance Supervisor Water Superintendent 20,750. 27,000. 5,000. 20,500. 37,000. 21,600. 73,000. 36,000. 32,130. 48,530. RESOLVED, that the following wage rates are set for 1993: Real Property Data Collector: Real Property Tax Service Assistant (PT): Deputy Tax Receiver: $ 9.03/hr 9.98/hr 9.41/hr RESOLVED, that the following wage rates are set for 1993: School Traffic Officer: (More than 2 hours per day) $20.00/day 7.19/hr Court Officer: (Per paper served): 8.93/hr 15.00 Duly adopted this 4th day of January, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None ON MOTION THE MEETING IS ADJOURNED. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk-Queensbury