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1993-04-05 REGULAR TOWN BOARD MEETING APRIL 5,1993 7:00 P.M. MTG#27 RES. 222-233 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Jim Martin, Tim Brewer, Rick Missita, Paul Naylor PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Brandt called meeting to order. PUBLIC HEARING BAY RIDGE RESCUE SQUAD 7:01 P.M. NOTICE SHOWN Supervisor Brandt-Paul would like to lead us through this one? Attorney Dusek-The public hearing tonight deals with the substitution of a new Bay Ridge Rescue Squad for the work that was suppose to be performed by the old Bay Ridge Volunteer Fire Company, Inc., Rescue Squad. The Fire Company has within it's ranks a Rescue Squad to perform certain services for the Town under a contract that the Town had as it does with all of it's Rescue Squads. As, I understand it from review of the paperwork that the Bay Ridge Rescue Squad is new this year and will be assuming all of the former responsibilities of the Fire Company and stepping into the place of the Fire Company on the contract that is what this public hearing is on. Under law in order to change any contract with a Fire Company or Rescue Squad you have to have a public hearing first on that, tonight I suppose that is what your going to hear from the people. If the Board approves this following a public hearing it would authorize the parties to be substituted and the Supervisor to sign the contract. Supervisor Brandt-With that explanation we will open the public hearing. Is there anyone who wishes to speak on that subject? Rick France-President, Bay Ridge Rescue Squad. We have for a couple of years, I've been associated with the Fire Company and the Rescue Squad for about twenty years now. A couple years ago it became harder and harder for us to be able to cover all the duties of both organizations. So in a joint interest of all and to serve the people better of the Town of Queensbury the squad itself was incorporated and having it's own officers and that and now basically we need the funding, obviously the Fire Company has. The State has already given us a certification to operate in the Town of Queensbury which basically means the Volunteer Fire Company couldn't run our ambulance service even if they wanted to. Even if for whatever unknown reason this were to be denied and you continued to pay the Fire Company the State would not allow them to run an ambulance service. So that we don't have to charge the people in our district for ambulance service, I think this would an excellent opportunity and a good change. Supervisor Brandt-Thank you, Rick. Anyone else that wants to speak on this? Any questions from anyone on the Board? Councilman Tucker-I have a question. I notice their contract runs through 1994. We're going to be looking at all these contracts this year I'm wondering if we should only extend it until the end of the year, would that create any problems? Councilman Caimano-I was looking at the same thing. It's an overlap and an unnecessary overlap, I would think. Supervisor Brandt-Rick do you have any problem if we did that? Mr. France-I don't have any problem, but you would then have, in otherwords, the Fire Company signed a three year contract as did the West Glens Falls Volunteer Ambulance Service or West Glens Falls Ambulance Service and North Queensbury Ambulance Rescue Squad they all have a three year contract. Okay, so if you were to put us with only one year then you would then negotiate with us for another year then in ninety four you are still going to have to go back to the other two, I have no problems with that. Councilman Tucker-I thought the other two run out? Mr. France-No, sir. Only the Fire Companies are on a one year system. The three Rescue Squads have a three year contract with the Town. The confusing part with Bay Ridge is that the squad itself while it was a wholly owned entity of the Fire Company we were allowed to negotiated our own contracts. We had our own Treasurer our own bank account those kinds of things. The name changes basically a legal matter rather than the squad itself has been a separate operating entity for awhile. Supervisor Brandt-What your saying is instead at the end of 1994 it would be in sync with the other rescue squads. Councilman Tucker-I'm not quite sure that it's right. Mr. France-I'm very sure that it is correct. Councilman Tucker-I know the Fire Companies had a three year contract... Councilman Caimano-He's talking about the Rescue Squad. Councilman Tucker-He made the statement that the Fire Companies have one year contract and they did not they had three year contracts. Councilman Caimano-Right. Supervisor Brandt-We want to put these in sync. This was all in the Rescue Squads and it would be? Councilman Tucker-You wouldn't lose anything, you wouldn't lose anything at all. Councilman Monahan-Paul do you have the expirations dates of those contracts? Attorney Dusek-I don't remember. I do know that North Queensbury for instance had a one year contract the Fire Company. Councilman Monahan-That's the Fire Company we're talking about Rescue Squads. Attorney Dusek-But, that is the thing they were all a little different. Councilman Monahan-West Glens Falls and North Queensbury Rescue Squads. Attorney Dusek-If you wanted to put this off until the end of the meeting I can certainly check that in the files for you before the night is out. Councilman Caimano-It's not that, we're talking about putting it in sync so it's better off knowing what we're doing than making a move and then finding it's whacking things up. Supervisor Brandt-Okay. Councilman Goetz-How would the budgeting work? Is there a set amount of money that would be transferred from fire to.... Attorney Dusek-The Bay Ridge Volunteer Fire Company had too separatey paid to it that's my recollection. They had one amount paid for fire services and one amount paid for rescue squad services it would just be a matter of paying the rescue squad service amount over to this new entity. Councilman Tucker-Then as of July 1st, they would get the other half of the contract that's what this thing says here? Attorney Dusek-Right. Supervisor Brandt-Okay, any other questions, I will close the public hearing. You research that out and we'll set that aside and act on it yet tonight. PUBLIC HEARING CLOSED 7:05 P.M. TOWN ATTORNEY TO RESEARCH MATTER AND REPORT BACK TO BOARD LATER IN MEETING PUBLIC HEARING LOCAL LAW ETHICS AND DISCLOSURE 7:05 P.M. NOTICE SHOWN Attorney Dusek-This is a propose amendment to the Ethics Law, I'll just go through the propose changes. One change is to eliminate any confusion to indicate that, Officer, Official, Employee does include Attorneys at Law that may be working or otherwise connected with the Town. The next one also relates to Attorneys to avoid any confusion that an Attorney that may be on the Planning Board for instance or in some other capacity working for the Town can in fact appear before Justice Court. That is not one of the agencies that you desire to have them not appear before. It crops up in a couple of different places in the Ordinance. One is in the agreement provision the other one is in the restriction of a year of employment not to appear before any government agency so it's excluding the Justice Court in two places. The next change is to modify the disclosure statement to require that notes and accounts receivable be listed in excess of $1,000 except for those that are held because of goods or services sold. In otherwords if a professional or anybody else for that matter is on a board that holds accounts receivable because he's either performed services or sold goods it is not the intent of the Ordinance to require disclosure of those particular notes. If the Board will recall this came up once again, because of Attorneys. But the problem was that if the Attorney and this could apply to other professionals, I suppose as well, but specifically Attorneys had to turn over a list of clients they represented. The concerns were that it might breach their ethics not to disclose necessarily the clients names and account information. The last change was a change added at the very end where it addresses penalties and enforcement provisions this is the last page, (f), indicating that any section of the law that deals with enforcement is to be read consistent with the rules and regulations of the Civil Service Laws of the State of New York as well as the collective bargaining agreement the Town has locally with CSCA. In otherwords, if it's necessary to take disciplinary action because of the Ethics Law you will follow the procedures that are set forth either under the Civil Service or collective bargaining if they apply in that particular situation. Supervisor Brandt-This again, is a public hearing on that change. I'm opening the public hearing is there anyone who wishes to speak on this? Matt Ludemann-One of the members of the Board of Assessment of Review. One of those changes specifically the disclosure accounts receivable for goods and services sold was raised because, I presented the question at the time the law was passed to the State Bar Association Ethics Committee. They have indicated to me informally it does present a problem. Unfortunately they've spent a lot of time on issuing the written opinion. Apparently they wanted it to cover not only the questions that I raised as they apply to the Town of Queensbury, but give general guidance because a lot of Towns and Cities across the State are issuing similar statutes. They've indicated to me that there was a problem as written. I talked to Paul Dusek a little about the origins of the Statue as written and apparently it was intended or originally started as a takeoff on the State Public Officers Law and for some reason and Paul wasn't clear at the time that I talked to him some of the language for goods and services sold which was an exemption which is contained in the State Law was not included in the Town Law. The suggestion was made that if we re-include it so to speak back into the Town Law that it would solve my particular dilemma and the dilemma other Attorneys would have against disclosing client information without the client consent. My understanding of the ethics opinion which is going to come down says basically if the client says I can't disclose it, I can't disclose it therefore, I'm in violation and I'm stuck. Either I have to be fined or ask a Judge or order my client to let me release the information which is not an acceptable alternative. Thank you. Supervisor Brandt-Do you feel that as this is written it solves the problem that you are identifying? Mr. Ludemann-Yes, it solves the one specific problem. If it's a client I don't have to disclosure it. If it's a non-client than I still have to disclose it and that's not a problem. Supervisor Brandt-Thank you. Anyone else that would like to speak on this? Okay, I will close the public hearing on it. Councilman Monahan-Mike, I just want to ask Paul something. Paul, I read this very broadly it would be that you could also appear for a third party. Attorney Dusek-In Justice Court that's correct. Councilman Monahan-We would have a problem with that. Attorney Dusek -We have a separate agreement concerning my services that would be another issue that controls my services. Councilman Monahan-I don't know if we have a formal document with you that says all that stuff or not. Attorney Dusek-There is no formal document, but I have honored that. Under the Ethics Law your right that would say that I could appear. However, my agreement with the Town is such that I would not appear unless obviously we made different arrangements some point in the future. Councilman Caimano-I have a question. On this infamous Section 4, regarding goods and services, I'm still not clear on this. It says please list below all notes and accounts receivable, and you have added other than from goods or services sold. What other things are there other than goods and services that you might have a note or account receivable for? Attorney Dusek-A loan would be an example, a mortgage. You may loan somebody money they may go out and buy the goods or services. This is only for those particular goods and services that you sold. Obviously if you knew that you were dealing with somebody who is in the business of selling goods and services your going to have somewhat of an idea as to what potential contacts, you know people they might possibly come into contact with. Whereas, the ordinary person or even that person might hold a note in another situation that you might not know anything about. If, I recall correctly that was one of the driving factors was to get third party relationships that might have a bearing on Town governmental affairs or matters coming before the government board. Supervisor Brandt-From my understanding this really is addressing the disclosure statement and the disclosure that's being made. It doesn't absolve someone from the ethics of the law. In otherwords if you have a client you still have to abide by the Code of Ethics even though you don't disclose that. Attorney Dusek-That is an important point to make. This only deals with the disclosure statement the actual form that's filled out. It does not change the prohibited acts of conduct that are in the first part of the Statue. Supervisor Brandt-Okay, then the public hearing is closed. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 6, 1993 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 14, ENTITLED, "ETHICS AND DISCLOSURE" RESOLUTION NO. 220, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz 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 14, entitled, "Ethics and Disclosure," and WHEREAS, a copy of the aforesaid, proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on April 5, 1993, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT 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 14, entitled, "Ethics and Disclosure," to be known as Local Law Number 6, 1993, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local 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 and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: Mr. Caimano ABSENT:None LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 14, ENTITLED "ETHICS AND DISCLOSURE" SECTION 1. Chapter 14 of the Code of the Town of Queensbury, Section 14-4, Definitions, is hereby amended to amend the definition of Officer, Official or Employee to read as follows: OFFICER, OFFICIAL or EMPLOYEE: A. Any elected official of the Town of Queensbury. B. Any town officer or employee. C. Any officer, employee or member, including Attorneys at Law, of any department, agency, improvement district, division, board, bureau, commission, councilor advisory committee, including the Queensbury Economic Development Corporation of the Town of Queensbury, except that "officer" or "employee" shall not include a Judge, Justice, or employee of the Unified Court System. SECTION 2. Chapter 14 of the Code of the Town of Queensbury, Section 14-5G, Prohibited Activities, is hereby amended to read as follows: G. Receive or enter into any agreement, expressed or implied, for services to be rendered for a third party in relation to any matter before any agency or board of the Queensbury Economic Development Corporation of the Town of Queensbury. Nothing contained in this paragraph shall be interpreted to concern, address or prohibit, in any manner, an official or employee, who is also an Attorney at Law, from appearing before the Town of Queensbury Justice Court in a representative capacity for a third party. SECTION 3. Chapter 14 of the Code of the Town of Queensbury, Section 14-51., Prohibited Activities, is hereby amended to add a new paragraph 15-5 1.3 following 14-5 1.2, to read as follows: 3. Nothing contained in this paragraph shall be interpreted to concern, address or prohibit, in any manner, an official or employee, who is also an Attorney at Law, from appearing before the Town of Queensbury Justice Court in a representative capacity for a third party. SECTION 4. Chapter 14 of the Code of the Town of Queensbury, Section 14-8, Disclosure, is hereby amended to amend section (h) of the Disclosure Statement to read as follows: (H) Please list below all notes and accounts receivable, other than from goods or services sold, * in excess of one thousand dollars ($1,000.) held by you or your spouse due from any entity doing business with the Town of Queensbury or any agency or board thereof: Type of Obligation, Date Due Name of Debtor: and Nature of Security, if Any * Deposit or investment accounts at banks, savings and loans associations, credit unions and investment firms do not constitute notes or accounts receivable. SECTION 5. Chapter 14 of the Code of the Town of Queensbury, Section 14-11, Penalties, is hereby amended to add a new paragraph F following paragraph 14-11 E, to read as follows: F. Nothing contained in this section shall be deemed to repeal or change any rights granted or proceedings required under or pursuant to the Civil Service Laws of the State of New York or any collective bargaining agreement between the Town of Queensbury and the Warren County Local #857 of the Civil Service Employees Association, Inc. when disciplinary measures are undertaken or engaged in by the Town Board, its designated officials or employees. Prior to taking and/or after taking any disciplinary action allowed or provided under this section, the Board, official or employee authorized to take such disciplinary action shall comply with any and all requirements of the Civil Service Laws and the aforesaid collective bargaining agreement, to the extent such laws or agreement requires certain determinations, findings or procedures. It is the intent that this legislation be read in conjunction with any requirements of the Civil Service Laws and collective bargaining agreements and that such laws and agreements supersede this law in the event that there is a conflict. SECTION 6. This Local Law shall become effective immediately upon filing in the Office of the Secretary of State. DISCUSSION NORTH QUEENSBURY FIRE COMPANY NORTH QUEENSBURY OFFICIALS PRESENT PRESIDENT - JOHN SHAHA Y, TREASURER - PETER FREDERICK, PETER CARR - BOARD OF DIRECTORS, LARRY FISCHER - CHIEF RICHARD JONES, JOHN GORALSKI, - RICHARD JONES ASSOCIATES PRESENT Presented to the Town Board the proposed new plans for the Firehouse for the North Queensbury Fire District. Retained the firm of Richard Jones Associates to design the Firehouse. Mr. Goralski-Explained to the Board the site plan review process and the Adirondack Park Agency process. Noted the Planning Board will be reviewing this as a Class B, Regional Project, using the AP A guidelines. Have met all regulations involving all involved agencies. Mr. Jones-Explained to the Board the layout of the proposed Firehouse and the Firehouse functions. Noted that the budget is 1.4 million and are looking at one million dollars to put the entire structure on the site and looking at a little over $300,000 in associated site cost, being the paving, septic systems, stormwater retention, all of the exterior site amenities that would be required to complete the building. Presently starting design development and construction documents on the project looking at those running through the end of June. Would like to be ready to bid the project with an approval the month of July, to make an award of construction contracts sometime from the end of July through the first week of August. Mr. Shahay-Stated that they have regrouped and were able to downsize the project. Noted that they have made this very functional and feels it will address the needs in North Queensbury for now and in the future. Asked the Board for their approval in this project so they can carry it forward and meet the deadlines that have been outlined. Mr. Carr-Noted that over the past ten months after meeting with the Town Board they have been trying to work with the $300,000 contract figure that has been presented this year. Spoke to the Board regarding the financing of the project and the various scenarios that they could go with. Noted the big unknown for them is what they will be able to get out of the existing firehouse they will not know this until the building is put up for sale. If they rule out any income from the existing firehouse they are looking for a 1.3 million dollar loan. Have budgeted in the cost of the architects and those funds are available to them. The building itself they are figuring by Mr. Jones estimates a million dollars for the building and roughly $300,000 on the site work. Stated they are willing to work with the Town and the numbers, noted that are at the point where they need the Towns final approval to go ahead with the project. Mr. Bowen-Questioned the necessity of the meeting room for the Firehouse. Mr. Fischer-Noted that it will not only be used for the public or a meeting room for the fire company, but as a training area for members and also used for civil defense. Mr. Salvador-Requested before the Town move in this direction that they undertake a comprehensive study of fire protection in the Town. Noted it may be time to create five separate fire districts and let the taxpayers in those facilities support their facility. After further discussion it was the decision of the Board to pass the following resolution. RESOLUTION REGARDING NORTH QUEENSBURY FIREHOUSE RESOLUTION NO. 221, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, the Town Board of the Town of Queensbury in accordance with the terms and revisions of the contract with North Queensbury Volunteer Fire Company hereby indicates its approval for the company to proceed to arrange for bids and financing on a construction of a Firehouse, that the total budget of the Fire Company the first contract year would not exceed $300,000 during the time that the Firehouse is being paid for. Duly adopted this 5th day of April, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None BAY RIDGE RESCUE SQUAD RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN BOARD OF THE TOWN OF QUEENSBURY, THE BAY RIDGE VOLUNTEER FIRE CO., INC., AND THE BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO. 222, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., heretofore organized within its department, emergency rescue and first aid squads composed of firemen who are members of the Companies and furnished certain ambulance services, and WHEREAS, on or about the 30th day of December, 1991, the Town Board of the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., entered into an agreement for the provision of certain emergency ambulance services, and WHEREAS, since the time of the aforesaid organization of rescue and first aid squads and since the time of the contract for emergency ambulance service, a new corporation has been formed known as the "Bay Ridge Rescue Squad, Inc.," and said corporation, together with the Bay Ridge Volunteer Fire Company, Inc. and the Town of Queensbury, are desirous of altering the services to be performed by the Bay Ridge Volunteer Fire Company, Inc., and amending the referred to agreement to provide that the Bay Ridge Rescue Squad, Inc., shall stand in the place and stead of the Bay Ridge Volunteer Fire Company, Inc., and be liable and responsible to provide emergency medical service and general ambulance service and generally be liable and responsible for all duties, obligations, and responsibilities under the agreement previously existing between the Town of Queensbury and the Fire Company and receive in connection therewith, all consideration pro rated that would have been paid to the Fire Company under said Agreement, and WHEREAS, an Agreement has been presented at this meeting, whereby the Bay Ridge Rescue Squad, Inc. would assume all duties and responsibilities for emergency medical service and ambulance service currently provided by the Bay Ridge Volunteer Fire Company, Inc., and WHEREAS, the form of the said proposed agreement has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, a public hearing is required pursuant to Town Law ~184 prior to the time that the Town Board may enter into such agreement, and WHEREAS, there was duly posted and published notice that such a public hearing would be held before the Town Board of the Town of Queensbury at 7:00 p.rn. on April 5, 1993, relative to the proposed agreement presented at this meeting, and WHEREAS, said public hearing was duly held and all persons interested in the subject thereof were heard, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the fire protection district, hereby enters into said agreement with the Bay Ridge Volunteer Fire Co., Inc., and the Bay Ridge Rescue Squad, Inc., in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTIONS RESOLUTION NO. 223, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of February 22nd, 1993. Duly adopted this 5th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None DISCUSSION HELD Jim Martin-Noted the Town went out for RFP's on consultant services for assisting the Town in the scoping process. Went out to four firms and received three responses. One from Haanen Engineering indicating they did not want to be considered. The other two from Rist Frost and Morse Engineering. Of the two have received an estimate of a cost from Morse Engineering for $8,810.00. Spoken with Dick Morse and he has indicated that it would be a maximum cost not to exceed based on his hourly rate schedule. Rist Frost indicated they could not provide a cost until they had a chance to review the documents on file with the Town. Recommended to the Board hiring Morse Engineering for the scoping process. Supervisor Brandt-Asked if this was acceptable to the developer? Attorney Michael O'Connor and Alan Oppenheim-representing the developer. Based upon the review of the two responses that the Town has had based upon the fact that only one contained an actual estimate of cost has indicated to Mr. Martin they would prefer to have the Town select Morse Engineering as the consultant. Has had further discussions with them after looking at the response and looking at the proposed resolution thinks that Morse in making their estimates of their time were not fully aware of all the information the developer had put together. Mr. Morse has indicated that he would be willing to undertake this project on the basis of a not to exceed figure of $4,400.00 and that it would be on the understanding that the developer has that if in fact the project information was not assembled in a manner that we think it can be assembled and it was necessary for him to devote more time to it he would come back to the Board seeking further sums. Requested to the Board to put in the resolution a figure of not to exceed of $4,400.00 with the understanding it would give the developer a second opportunity to look at this if in fact it was going to go beyond that. Attorney Dusek-Noted that the developer would be required to put this money into escrow so you are not using Town money. When you reach the point of $4,400.00 you don't make any payments and the engineer will have a contract with the Town that if he exceeds it without permission he won't get paid. Mr. Oppenheim-Noted that they are going to assemble a book with all the information that has been submitted to date in chronological order to aid the consultant and the Board in the scoping process. (Book to be submitted to Board members) The following resolution was passed. RESOLUTION REGARDING APPOINTMENT OF ENGINEER/PLANNING CONSULTANT FOR HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 224, 930 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has, by previous resolution, required the preparation of an Environmental Impact Statement for the proposed Hudson Pointe Planned Unit Development, and WHEREAS, the Town Board of the Town of Queensbury has also, by previous resolution, indicated that a scoping session would be conducted, that the retention of an engineer and/or planning consultant would be appropriate and that the Executive Director should request proposals from certain engineers/planning consultants, and WHEREAS, the Executive Director has received responses concerning his request for proposals and has reviewed the same with the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Morse Engineering with the understanding that the services to be performed shall be generally consistent with the Request For Proposal previously authorized, and more particularly: 1) that the services requested of the professional at this time are only for purposes of assistance through the scoping session; 2) that timing is an important element in the SEQRA review, and the Town Board will want to review the matter expeditiously; 3) that the professional's fees will be billed on a time expended basis per rates of proposal and in any event shall not exceed the sum of $ 4,400.00 without prior approval of the Town Board and Developer, and that exceeding this amount without Town Board approval and Developer will result in non- payment; 4) that the project will be overseen by the Executive Director, James M. Martin, and he will be the contact person for the Town Board; and BE IT FURTHER, RESOLVED, that the services of the professionals shall be paid for by the developer of the Hudson Pointe Planned Unit Development and an amount of $ 4,400.00 shall be paid over to the Town of Queensbury to be held in escrow in accordance with an escrow agreement to be entered into with the developer, which will provide that the Town may expend monies from the escrow account to pay for the engineer's services once a month, and that no monies shall be paid for from the escrow account until such time as the developer or developer's attorney shall have at least 10 days to review the billing prior to payment thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an Escrow Agreement with the developer consistent with the previous terms and provisions and in a form approved by the Town Attorney. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Mr. Salvador and Mr. Boehm spoke to the Board regarding their concerns regarding the Warren County Sewer Project and the final Environmental Impact Statement on the Warren County Sewer project. Noted a resolution has been prepared and will be presented to the full Board of Supervisor's a week from Friday where they will adopt the findings of the final EIS to allow the project to move ahead. Mr. Boehm-Noted the Lake George Park Commission has started to issue wastewater permits as of the spring of last year. Noted you are normally issued a interim operating permit or a final operating permit. The interim operating permit gives you a three year grace period. The three year grace period is for those people who cannot meet the new building requirements. Last week the Board of Health issued a conditional waiver for a new septic system on the lake it wasn't mention as to what kind of permit the individual will be getting. Mr. Salvador-Noted he cannot see where anyone will get a permit to operate because the conditions cannot be met. Mr. Boehm-Questioned what happens at the end of three years? The FEIS that was in the process namely the Warren County Sewer was presumably set in place to try to address all the problems and to determine what should be the most economical action as well as come up with engineering documentation. A hearing was held and the treatment site was Pickle Hill Road. A resolution was passed by the Board regarding the sewer project it essentially withdrew Queensbury completely from the EIS. Went through the EIS and every place where there were questions raised relative to the North Queensbury portion of it the answer was that the Warren County Board is in effect honoring this Board's resolution, noted it has been taken out on a number of pages. Requested that the Board as a whole rethink what their position as a total Board then as a Board address this at the county level noting the concerns that have been raised. Supervisor Brandt-The concerns have been raised, there is discussion on the County level to look at alternate systems for North Queensbury. Asked if Mr. Salvador and Mr. Boehm would be willing to work on a resolution with Attorney Dusek to present at next Monday's regular meeting to pass to the County Board? Mr. Salvador and Mr. Boehm to work with Attorney Dusek on a proposed resolution. Mr. Salvador-Spoke to the Board regarding his concern for using taxpayers money to promote tourism in the Town noting his concern of it being a misuse of taxpayers money. Attorney Dusek-Noted there are a series of provisions in the Town Law which restrict the amount of monies you can spend on different types of things especially in the area of promotions of the Town. There is also an ability to contract with not-for-profit organizations if they provide a particular service or function for the Town that is of benefit to the residents of the Town. You have to look at the particular contract that they are proposing on a case by case basis to see if it qualifies for something the Town may legitimately spend money for the answer is in the law. Noted he would advise the Town Board that whatever it is that they propose you to spend money for he would look into the matter first. Supervisor Brandt-Noted that if this comes through at the Town level they will look at it and address it and also he will look at it at on the County level. RESOLUTIONS RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 225, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, certain departments have requested transfers of funds for the 1993 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 1993 budget: DATA PROCESSING: FROM: TO: AMOUNT: 001-1680-4400 (Misc. Contractual) 001-1680-2100 (Computer Hardware) $ 4,500.00 001-1680-2032 (Computer Software) 001-1680-2100 (Computer Hardware) 17,000.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION APPOINTING FIRE MARSHALL RESOLUTION NO. 226, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there is currently a vacancy in the position of Fire Marshall for the Town of Queensbury, and WHEREAS, Mr. Clifford A. Grant was previously appointed and has been holding the position of Deputy Fire Marshall, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Deputy Fire Marshall, Clifford A. Grant, to the position of Fire Marshall, as effective immediately, with the salary of the position of Fire Marshall to be the same as previously received by Mr. Grant in the position of Deputy Fire Marshall, and BE IT FURTHER RESOLVED, that the previous position of Deputy Fire Marshall is hereby abolished and the Town Supervisor is authorized to complete such forms as may be necessary or required by New York State and Warren County Civil Service to indicate the transfer authorized herein, as well as the abolishment of the position of Deputy Fire Marshall. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES:None ABSENT:None RESOLUTION CONCERNING MOBILE HOME PARK APPLICATION RESOLUTION NO.: 227, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury has, heretofore, adopted certain local laws and/or ordinances concerning the regulation of mobile homes, as more specifically set forth in Chapter 113 entitled, "Mobile Homes" and Chapter 179 entitled, "Zoning of the Code of the Town of Queensbury," and WHEREAS, Mr. Barry Converse has made application for the establishment of the Converse Mobile Home Park on April Lane, Town of Queensbury, New York, and WHEREAS, Chapter 113 of the Code of the Town of Queensbury provides that upon filing an application for a mobile home license, the Town Clerk shall notify the Town Board and the Town Board shall then refer the application to the Planning Board for Type II Site Plan Review, as more particularly described in Chapter 179 of Zoning, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby refers the application filed by Mr. Barry Converse to the Planning Board for Type II Site Plan Review, and further authorizes and directs the Executive Director to review and acquire such other information as may be required under application requirements ~113-17 of the Code of the Town of Queensbury, prior to the time that the same is submitted to the Planning Board for review, and BE IT FURTHER, RESOLVED, that if it has not already been paid, the Town Board of the Town of Queensbury provides that the filing fees provided for in Chapter 113 of the Code of the Town of Queensbury shall be paid prior to the time the matter is submitted to the Planning Board for review, and BE IT FURTHER, RESOLVED, that the Town Board requests that upon completion of the review, that the Planning Board make a written recommendation to the Town Board, in accordance with the terms and provisions of Chapter 113-17 and Chapter 179 of the Code of the Town of Queensbury. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1993 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 181, THEREOF, ENTITLED "ZONING BOARD OF APPEALS" RESOLUTION NO. 228, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, at the meeting of April 5, 1993, there was presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1993, A Local Law to amend the Code of the Town of Queensbury, Chapter 181, thereof, entitled "Zoning Board of Appeals" to amend ~ 181-5, entitled "Appointment and terms of members", to delete a provision thereof, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.rn., on the 19th day of April, 1993, to consider said proposed Local Law as now revised and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting, concerning the proposed Local Law No. _, 1993, in the manner provided by law. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Councilman Caimano- Two weeks ago there was a resolution that was pulled regarding the screening plant and stacking conveyor, actually it was three weeks ago it was going to come back last week it didn't come back. I wonder where this is since it was something that we already kind of approved during the budget process? Supervisor Brandt-Money was set aside in the budget process for that screen, I asked to pull it. We're running heavy in our snow removal budget we could have a shortfall for the year. I like to look at what those possibilities are and look to see if there are other ways of doing the same thing. We haven't had a chance to really talk about it, but there is a possibility of renting a screen for a month and screening out our sand or going to contract to have our sand screened, I think there are other possibilities we could look at that's all. Do you want to comment on it Paul? Paul Naylor, Superintendent Highway Dept.-I got a letter today from the County. Our beloved President, I guess we're suppose to rise to the east or the left, I don't know which. I think they are going to pay us for the twelfth and the thirteenth, I got to put all my facts together and give it to the County. It looks like the President is going to give us the money for those two days so that would upset you over budget. The bottom line is as I told during the budget hearing how I felt about that screen. You know this our last year for Torrington sand they're gone. We have no sand for next winter and if you are going to take that equipment money as you say that you budgeted and ok'd last November when you were still straighten out.. . Supervisor Brandt-When you were still what? Mr. Naylor-Straighten out. Remember that's what you told me in your office you wasn't straighten out back then. Supervisor Brandt -Pardon me, I don't understand that kind of language. Mr. Naylor-I know you don't, but I'll catch it to later. Supervisor Brandt -Your on an official record if you got something to say to me... Mr. Naylor-Right, I'm on the record. Supervisor Brandt-Are you saying to me that I'm not straight? Mr. Naylor-No. Supervisor Brandt-Well then dammit don't use those words in a public... Mr. Naylor-You said that day that you weren't quite remember. Remember you were trying to work out some other deal about public relations we were doing? Supervisor Brandt-No. Mr. Naylor-Yeah, I guess you don't hear me as usual. The budget it was budgeted this Board for a screen. Supervisor Brandt-Yeah, that's true. Mr. Naylor-And two weeks ago I talked to my man from my Highway Department crew and went over it with him. Supervisor Brandt-Whose your man from your Highway Department? Mr. Naylor-Mr. Tucker. Supervisor Brandt-Oh okay, I thought he was on this Board. Mr. Naylor-You know Mr. Tucker? Supervisor Brandt -Yeah I know him, I thought he was on this Board. I didn't know he was your man, I didn't know was in the Highway Department. Mr. Naylor-I thought he was the Highway man as you gave him as Chairman of my Committee, but I guess you didn't. Supervisor Brandt-Oh, well you didn't say that Paul. I hear english that's what I hear. Mr. Naylor-That's probably what your problem is then. So, I was wondering that's your decision now that's now the Board decision that's your decision your going to hold off on this your are not going out to bid? Supervisor Brandt-I'm not the Board the Board can do whatever it chooses to do. Mr. Naylor-I thought you was the Board here. Supervisor Brandt-I run the meetings and whatever they chose to do they can do. Mr. Naylor-That's what I thought and you kept and you pulled that out. Supervisor Brandt-I asked them if we could pull it out and look at it separately. Mr. Naylor-Okay, now you've got a full Board can you vote on it? Supervisor Brandt-Sure whatever they choose to do. Mr. Naylor-That's what I'd like to see. Supervisor Brandt-Okay. Mr. Naylor-See whose for it and who is against let's put it that way. Supervisor Brandt -Another consideration here is the creation of a Department of Public Utilities and perhaps this function could fit there rather than in the Highway Department. Once you fund it to the Highway Department that's gone... Mr. Naylor-That's your interpretation. My was for the Highway Department which I get elected for, for the Highway Department that's all I look out for you have the rest of them to look out for that's what you get elected for. I have to do my job and you get paid for doing yours right? Supervisor Brandt-Yep. Mr. Naylor-So, I like to do my job now and see if! can get my screen. There are five of you up there and I want to see who says they don't want to do it that way. Councilman Goetz- I can't say if I want to do it or not because are you gathering information on what it would be otherwise? Mr. Naylor-The bottom line is Susie it's going out to bid for a machine. You still got another chance to say no when the bid comes in. Councilman Caimano-Right. Mr. Naylor-I think I put $70,000 in the budget to buy a shaker screen to take all the rocks out of the sand so we could sand roads next year also to make item four, which is gravel for our roads. Now summers commg... . Councilman Monahan-Item four is for paving? Mr. Naylor-No item four is for the base for the paving. Councilman Monahan-That's what I'm saying you need that for your summer schedule. Mr. Naylor-Right. Supervisor Brandt-Paul how much item four do you normally use in a year's time? Mr. Naylor-We could go to from twenty to thirty thousand yards a year. We go through twenty thousand yards of sand so there is fifty thousand yards. Mr. Missita-Plus the project you've got started on Peggy Ann Road may not get completed without that four. Mr. Naylor-If we don't have enough item four to do the job then we drop back on the projects. Councilman Goetz-So if we were to vote this in tonight there would still be amble time to get more information before the bid proposals come in? Mr. Naylor-We got to go to bid. You guys have got to be the ones to accept the bids Sue. Councilman Caimano-We've got to accept the bid. Mr. Naylor-When it comes in if it's over what I budgeted it's automatically out the tubes. If it comes under I would hope you'd consider. If your talking other departments to utilize it you can rent it from us for your other departments just like we rented with Harry Hansen for the past twelve years and all the other departments around here. Supervisor Brandt -Paul can you give us a budget for the operation of producing this sand and this item four. In otherwords the operations cost of it? Mr. Naylor-What are you talking about how much it cost my people and I to do it? Supervisor Brandt -Yeah. Mr. Naylor-It all depends on a lot of circumstances. Supervisor Brandt -Can you make us a budget of what you think that would be? Mr. Naylor-Yeah, I could. But I guess that's not what we're here tonight for I'm here to find out if your going to buy my screen. I can buy sand for five bucks a yard to sand roads, I need twenty thousand yards there's a hundred thousand dollars we're hoping the screen comes in for sixty five or seven that would take care of that. The average price of item four is five, six dollars a yard. We use twenty thousand yards it's another hundred grand, you know where do we draw the line here? I need gravel at certain times I make it as certain times just like we have.... Supervisor Brandt-There are other alternatives. There is a possibility and I'd like to look at it of contracting the screening or contracting.... Mr. Naylor-Your saying in-house bringing them into our pit and make item four? Supervisor Brandt-Right. Looking at bringing in a contractor to do it for the Town using our materials or verses buying a screen and doing it ourselves and I like to get a cost of..... Mr. Naylor-I don't see how you can do it cause you have to pay the wage rate right so your paying their people eighteen, twenty dollars and hour compared to our guys getting ten. Just opening it right there is telling me the price is prohibited for the men not alone the screen then the insurance for coming into our pit what are they getting out of it? Councilman Caimano- The thing is though that the questions that are asked are really incidental to what we are going to do here. We still have a right to reject or not reject those three bids. Mr. Naylor-That's the bottom line. Councilman Caimano-Ifyou want him to put a budget together if you want to look at those other things... Mr. Naylor-Go ahead and look at them that's your choice.... Councilman Caimano-Go ahead with the bids otherwise we're going to be stuck behind the eight ball. Mr. Naylor-When the bid comes in if you vote against it next winter if don't have sand because we don't have money to buy sand there is nothing in my budget as you have passed to sand roads next winter if we don't get this screen period. Councilman Caimano-Absent those other things which you can do also.... Mr. Naylor-If he wants to go out and bid for fifty dollars a yard or ten cents a yard right of this day... Councilman Caimano- If you'll cut your microphone off I'll move this resolution. Supervisor Brandt-I'll second it providing you give me a budget of what it will cost to operate this machine to produce this sand and this item four. Mr. Naylor-How much it cost my men to do it with the cost of the machine? Supervisor Brandt -Yes. Mr. Naylor-Sure, that's easy. Mr. Missita-Based on the amount that we estimate the machine to cost? Supervisor Brandt-Right. I'm not looking at capital cost so much as I'm looking at operating cost. Mr. Naylor-You don't want the capital cost? Councilman Caimano- Y ou got to have both actually. You need to know what the cost is going to be of the capital every year you need to know what the operating cost are it's going to be all part of the same budget. Mr. Naylor-Right. Supervisor Brandt-If you'll help me to prepare that. Mr. Naylor-No problem. Supervisor Brandt-I'll second the motion, any discussion. Now we're going to bid that's what we're doing. Mr. Naylor-That's all it is. Supervisor Brandt-Any other discussion, please vote. The following resolution was passed. RESOLUTION AUTHORIZING BID FOR SCREENING PLANT & STACKING CONVEYOR FOR HIGHWAY DEPARTMENT RESOLUTION NO. 229, 93 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 authorizes bidding for one new screening plant and stacking conveyor for the Highway Department, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby approves providing budget given of what it would cost to operate this machine to produce this sand and this Item 4. Duly adopted this 5th day of April, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Councilman Caimano-Spoke to the Mr. Naylor regarding the close out of the capital account Fund #71 for the Highway Dept. Noted it was for a project that started many years ago to help the drainage situation in the Third Ward. Every time there was an opportunity they used a portion of the fund to put another culvert through another road to keep funneling the water, noted Mr. Naylor had questioned this before. It was specifically to take the drainage which come off of West Mountain and funnel it to the City Reservoir. The $52,000 is what was left of that account. Councilman Tucker-Questioned what was done with the $52,000? Councilman Caimano-Noted it was moved to the general fund budget. Requested that the Board re-look at this and find out a legal way to get this back. Supervisor Brandt-Noted he would like to look at the history of this matter. Councilman Caimano-Asked if Mr. Naylor and Mr. Missita could come up with some history and give it to the Supervisor's office. Mr. Naylor-To gather information and submit it to the Supervisor's office. Councilman Goetz-Thanked Mr. Naylor on his quick response regarding complaints of drainage problems she has had. Noted one of the problems she has had in her ward is a neighborhood drainage problem on Phillips Avenue. Spoke to Attorney Dusek on how you would handle something like this. Questioned if the Board would want to spend money to start the Map, Plan and Report for the drainage problem in question. Attorney Dusek-The area in question there are a number of channels and culverts, when I looked at it, it struck me as a classic district situation. The Board can if they want start the district proceeding over in that area of Town. You would start by a Map, Plan and Report it would be financed out of general taxes first, then you go to public hearing after the public hearing if you decide to create the district all of the cost would be born by the district area including the original Map, Plan and Report. If you don't go to public hearing or don't conclude the district process then the Map, Plan and Report would remain a Town charge. Supervisor Brandt -Questioned why would this be different from any other part of Town? Attorney Dusek-Noted there is a provision under the Town Law that allows you to use a general fund balance to cover drainage problems and it's usually done where it's affecting a large section of the Town or at least a substantial size of the Town there is a provision under the Town Law that allows that type of an expenditure. The comptroller's office has come out with some opinions on how small you can go in that area. Supervisor Brandt-Noted that the Board has to be very careful in any of these things to make sure we separate and understand why it should be a Town general charge verses a special district. Stated he has no problem in creating a special district for any group of citizens that want to do it and would gladly help them do that, but has a problem in doing it in a general Town charge in one area and not in another. Mr. Naylor-Explained to the Board how the drainage problem started. Councilman Goetz-Asked if there is another way to do this if the Board doesn't want to go for a Map, Plan and Report. Attorney Dusek-Noted the residents can expend the funds to do the Map, Plan and Report and petition the Board. Mr. Naylor-Has recommended to the residents of that area to petition the Board. Councilman Tucker-Noted if the Highway Superintendent recommended for the residents to bring a petition, it should go through the system. Councilman Caimano-Noted to let it go through the system. Supervisor Brandt -Asked if a Map, Plan and Report was done for the residents in Bedford Close area for a drainage system? Mr. Naylor-Noted that they do have a sub-surface drainage system in there. Attorney Dusek-Stated that he remembers a resolution by the Board at that time that authorized a Map, Plan and Report, a district has not been created. Councilman Goetz-Questioned the Board on the status the Queensbury Economic Development Corp. Received a memo from Dean Beckos in August wanting to know the consensus of the Board on this matter. Noted that she has changed her way of thinking especially with the creation of the Warren Washington Industrial Group, noted she thinks it could be a viable group to work with. Questioned if the Board wants to advertise for members. Councilman Caimano-Noted until we see where the Warren Washington Industrial Group goes as long as there is a odd number on the Board you should leave it alone. Supervisor Brandt-In agreement. Councilman Goetz-Received a request from Ralph VanDusen, Water Department asking permission to attend the American Waterworks Association May 4th through May 7th. It was the decision of the Town Board to authorize Mr. VanDusen to attend the conference. Supervisor Brandt-Has received a letter from the Town Historian asking the status of the Code of Ethics as it applies to her in a situation that she defined where she wanted to work for a developer and take fees for that personally while she is a Historian, noted this is what the Code of Ethics is about. Stated if she wants to contract for other people to do work that interfaces with the approval process of government the government requires that she would have to step down as Historian and contract that or choose to be the Historian and not contract that. Councilman Monahan-Noted she believes the Town Historian wants the Board to do research to see how other Towns are tackling this. Councilman Goetz-Asked if she has put in a request to the Ethics Advisory Council? Mr. Martin-Noted he believes that she did it was specifically for Hudson Pointe, they had told her no. Councilman Monahan-Asked Mr. Martin to see if he could get other information from other Towns to see how this problem has been resolved. Councilman Goetz-Noted she doesn't think the Town Board should get in the way of the Ethics Board. It was the decision of the Town Board to research this and not to take any action on this matter at this time. OPEN FORUM Mr. Salvador-Questioned the Town Board regarding the McCall variance who is responsible for identifying when the frost leaves the ground, noted someone has to be responsible when the six weeks start? Supervisor Brandt-It was left for the Building Department, Mr. Hatin to work out. Mr. Salvador-Asked if Mr. Martin would take care of this. Mr. Martin-Yes. Mr. Salvador-Asked the status of the Lake George Park Commission Regulations? Supervisor Brandt-Noted he has nothing to report nothing has happened. Mr. DeMars-Representing the Homeowners Association from Big Boom Road. First, I have an idea for the $70,000 that you found, name tags for all the individuals on that table. Supervisor Brandt-Which table? Mr. DeMars-Over there. We know none, hopefully it won't cost $70,000. But if each one of them has a name tag we can address them probably as a complete Board for the Town of Queensbury. Councilman Caimano- They are not part of the Board you understand that. Mr. DeMars-As I said at this meeting, I understand they take the lead of whatever is digested through this Board so they should be part of the Board. I guess, I would have to open it to you Mr. Caimano is there still a Post Star representative in the house? Councilman Caimano- There is not. Not unless somebody else here is writing for the Post Star. Mr. DeMars-Was there tonight? Councilman Caimano- Yes, there was he left until press time. Mr. DeMars-That's one of my most important things to bring up. You have guidelines for press time etc., we as homeowners have guidelines for important things to be brought up in front of this Board. We were at a very important meeting that consisted of a meeting on March 31 st, 1993 at seven thirty in the Activity Center. What this was it was about the Queensbury/Wilton Group Home Site Review Committee. Your representative from the Post Star left before, actually probably just like tonight left before the actual people starting addressing the situation. He made his own determination on how he would compile it put it in the Post Star for the people to digest. I feel it's wrong, I feel it's something that you should bring up at the Post Star. The reason why we're addressing it is because it's a very important meeting the meeting has no recording's of minutes. There was one representative there from the Town, I believe it was Mr. Pliney Tucker from Ward Four. We are with Ward Four and we have as much concern about the location of these homes as anybody else, Ward Two, Ward One, Ward Three. I feel that our concerns are not being addressed without proper press. I think everybody should have equal chance for proper press. If your going to suppress us don't suppress us that way cause we rebel at that. At this meeting which didn't have any minutes recorded, I have to make that noted because I know these minutes are recorded and we want documentation of recorded minutes. You had at that particular meeting, I believe you acknowledge Resolution No. 635, dated 1991 as a full Board do you acknowledge that? Councilman Caimano- Tell me what it is and I'll tell you if I acknowledge it. Councilman Caimano-In ninety-one we weren't on the Board. Mr. DeMars-It's a very important thing your appointed, you weren't no, I believe Mrs. Monahan was the only one. What the Board did is they appointed certain individual from each Ward to represent each particular Ward. I find it very hard for this Board to acknowledge their actions at this time. I feel that this Board should abolish that present organization come up with a new Board and give us in Ward Four amble time to digest what the State is going to be doing to us. Councilman Tucker-Excuse me. Mr. DeMars-Mr. Tucker can I complete? Councilman Tucker-I think your taking on the wrong Board. I came on this Board in January 1992 and I asked the people to serve on this committee. I don't know what the rest of these people did, but I asked those people to serve on that committee after I came on this Board in 1992. Mr. DeMars-You were the only one represented at that particular night. You were the only one there is it because you only had interest? Councilman Caimano- That's only partially true. Mr. DeMars-Pardon me? Councilman Caimano-Because I had three meetings that night my wife attended the entire meeting on in my behalf and did take minutes so it's one and a half. It was not an official meeting it was an informational meeting. Mr. DeMars-If it's an informational meeting if you want us as homeowners, property owners, taxpayers, i.e., people living in this neighborhood to digest dictation what the State of New York is doing to us past tense probably already has, we want it acknowledge as a full Board we want to be able to say we have litigation rights also. If you don't acknowledge as a full Board abolish and get it completely out of the picture then we'll go for the State. Councilman Caimano-Litigation rights against whom? Mr. DeMars-There is the man in the middle over there, I don't know his name. Councilman Caimano-His name is Paul Dusek. Mr. DeMars-He can address the issue as far as litigation rights. Do we have litigation rights on the appointed Board no minutes taken, nothing in the paper about etc., whatever or do we have litigation rights against this Board per say? Attorney Dusek-When you say litigation rights.... Mr. DeMars-When I say litigation rights, I have to use that litigation term because the terms and our rights at that particular meeting were being jeopardized because of non-postment.... Councilman Monahan-You feel the open meetings law provisions were violated? Mr. DeMars-Right. Councilman Monahan-That's what he is asking you. Councilman Caimano-How could that be? Councilman Monahan-Did the open meetings law apply to that meeting and if so were they followed or not followed? Councilman Tucker-The meeting was posted it was in the newspaper. Mr. DeMars-Was it recorded Mr. Tucker? You were very boisterous that night you came across the room you got up in my face because I asked questions. Councilman Tucker -You accused me of having a conflict of interest. Mr. DeMars-I resent it not only as a taxpayer, but I resent it as an individual should be treated in the same way you want to be treated. Councilman Tucker-Just get your stories right that's all. Mr. DeMars-My story is right the trouble is there is no documentation that's what scares me. Councilman Tucker-Does that committee got to have documentation? Attorney Dusek-There are a couple of issues here floating around. First of all, it sounds if they did in fact advertise the meeting then there hasn't been a violation of the open meetings law. They do have to conduct business in public so the people can see and be there. Mr. DeMars-Thank you, but it has to be documented so other people can review it. Attorney Dusek-It's a good idea to make minutes, but I don't know of any law that says they have to record. Councilman Caimano-I'm not sure there weren't recorded minutes. I have no idea if Mr. DeMars says there is not, but I have talk to McNulty so I have no way of knowing if anybody else does whether those minutes were recorded or not. Attorney Dusek-Any group or body operating under parliamentary procedure should have some sort of a minute keeping mechanism. But, it's not a law I believe that you have to actually record you can keep hand written notes. Mr. DeMars-I realize that it's a volunteer it's a good volunteer group it's a diversified group. But, I feel that the group itself the way the group is weighted it doesn't seem like we're really getting proper representation in Ward Four this is what I'm feeling out. Councilman Monahan-Every Ward was suppose to have the same amount of people on that committee. Councilman Caimano-Everybody has the same amount of people whether they were there or not is another story. Mr. DeMars-Well that representation it's almost like taxation without representation. Councilman Caimano-What should we do Mr. DeMars should we go and grab them by the hair and make sure they're here we can't do that. Mr. DeMars-Do you recognize the Board? Councilman Caimano-Pardon me? Mr. DeMars-Do you recognize that Board? Councilman Tucker-Of that committee? Mr. DeMars-I move that you vote for a resolution this evening if you recognize that Board per say as a year and a half old under Resolution No. 635, 1991, if you recognize that Board at present say please acknowledge it through written information that we can obtain from the Town. I believe I stopped into Mr. Brandt's office to get this information because what the State is doing you're not going to like later on and we want to know about it. Councilman Caimano-We haven't liked what the State has been doing since day one, but we've gone to meeting after meeting. Mr. DeMars-Let me just read from the Supervisor's Office, Town of Queensbury what this letter consist of you probably haven't seen it it might not have impact on Ward Three, I don't know it does on us. Councilman Caimano- What Supervisor are you talking about? Mr. DeMars-I believe Mr. Brandt's Secretary complied this for pass out, I don't know for sure. It's a boiler plated form it says. New York State plans to locate a State operated Group Home for four to six mentally retarded and/or developmentally disabled persons in your neighborhood and/or is what scares me. Then it says and it's highlighted you are invited to attend the next meeting of the Town of Queensbury Wilton Group Home Site Review Committee Wednesday, March 31, 1993 at 7:30 p.m., in the Activity Center, Town of Queensbury, Bay and Haviland Roads. This is what troubles me the most. The State intends to purchase a home at the intersection of Big Boom and Arberger Roads to house four people. That one particular things sticks out in this letter noting that the act is already been done it's cut and dry we have no voice against what they are going to do. An area builder proposes to construct a new home for five people on lot number one in Stone Croft development and offer it for sale to the State. There were concerned people there from Stone Croft that voiced their concern I'm sure Mr. Tucker can vouch for that. They are concerned of where the propose location it's not like the sentence above. That sentence to me tells me that the house on the corner of Big Boom and Arberger Road is a cut and dry deal the homeowners within that Ward have no recourse action. What we've done is we've jerk the taxpayers around for an extreme amount of time hoping that they wouldn't scream and yell at this particular location, but we will, we will. We're willing to take and scream and yell we want it documented that's why this meeting is being recorded. The State is proceeding with the purchase of a home for five people in CourtlIouse Estates. Courthouse Estates was represented by Mr. John McCormack which is a builder in that particular area. Like I say, the appointments of those individuals are very diversified. We have a developer, a commercial trader, Community Workshop that's where it's weighted and insurance person, Ward Three had no representation at all, I feel for them. Ward Two had representation and the representation that they had was a person from Community Workshop. I think Ward Two is blessed with the fact that they have kicked that out of there, any ideas of the Town locating one in there it's been kicked out. I have to compliment those people, but I'm also a person that fights for his Ward. Ward Four there was no representation at that particular meeting Mr. Pliney Tucker was the only representation from the Town and I asked that he be acknowledged because nobody asked. Like I say, no minutes taken no recourse action. There is yet to be located and appointed a chairmen of this group that's past tense there has been a chairmen appointed and I believe the Chairman's name is Mr. Charles McNulty. I addressed my concerns with Mr. McNulty he felt for me, but he is also a Department of the Environment State worker on this Board. It was very weighted in one direction totally against the people in Wards. I believe that you should make a resolution this evening to not consider any information that this Board is going to feed you from now on out unless you acknowledge it through a thorough resolution tonight that you still acknowledge this Board and you acknowledge it retroactive back to nineteen ninety one. I just want to hear your comments on that. Supervisor Brandt-Let me help you as I understand it, I'm not sure I have it all correct, but let's try it. In nineteen ninety one the Town Board then created this committee. These were volunteer people who wanted to work with the Town and the Town people and interface with the employees that work for Wilton and that department to relocate the people that had to be relocated from Wilton and specifically for the relocation of a certain number of those people to the Town of Queensbury. That group has continued, I mean first of all there is a resolution on the corporation which you've pointed out which created that group and they have continued to work with no pay and put in a lot of work to try and interface with Wilton. Wilton had a funding problem and the original homes that they choose they could not purchase in that budget year with the state funds. We kept the dialogue going between this committee and the Wilton group and I think it's been very professional and quite productive. One of the things that came out of that dialogue was to try and find sites where we could build a new home rather than buying an existing home where there might be more space to fulfill the requirements that the Wilton people needed. This group has kept this dialogue going up until now where the State now has funding and wants to move. The committee ask me that is Mr. McNulty how to proceed. In the first place let me clarify one thing they don't have a secretary to do their typing and they do use my secretary. In the piece that you quoted did come from my secretary in their behalf they dictated it and they wrote it. What they are doing as a committee they've chosen to immediately tell a neighborhood where the State was choosing a home to immediately tell those people within a certain area that a home was being considered there and they held an informational meeting to tell you that. They are now as I understand it going to make a recommendation to this Town Board as to what to do. We have very very limited options under the law of what we can do or what you can do. Mr. DeMars-Mr. Brandt your leading me off this is what I don't understand. A Board that's suppose to take and convey to the people to Wards etc., the importance of the State mandating, dictating, i.e., anything else to the people within that ward area why does the taxpayers, property owners or whatever why aren't they important why aren't they considered in this? Councilman Caimano- Y ou assume that we haven't told you there has been documentation and meetings and documentation for two years. It's unfortunate that you didn't get the word I can see this room filled with three that I've been here filled with people who sat here with Dan Donahue.... Mr. DeMars-God bless, Ward Two it was a tremendous turn out... Councilman Caimano- Y ou agree that people were notified then. Mr. DeMars-Mr. Caimano just another tactic okay. The Town has sent everybody within our area within a five hundred foot now it doesn't have impact on just five hundred feet it has impact on the whole area that should be changed also. Councilman Caimano-It's not going to be changed tell hirn. Supervisor Brandt-I don't know how we identify all the people who live there we don't have.... Mr. DeMars-You also identify them when you need tax money. Tonight I sat here and you spent one million dollars, I don't know how many zero's that is because, you know Ward Four we have been stuck with a stigma that we just don't know anything but we do know something. Councilman Caimano- That's unbelievable that's not so. Paul do have something to say? Attorney Dusek - I don't know if this will help at all. The committee that was organized if like an additional layer. The law itself normally Wilton could go pick houses anywhere which is what they did the last time put them under option and then come into the Town Board with a notification and say we're going to exercise our option within so many days and you have these particular chooses under the Mental Hygiene Law that you can do and it's very very limited. Mr. DeMars-Do you feel good with that? Do you like that? Do you feel comfortable with that? Attorney Dusek-It's not up to me to make a policy call. Mr. DeMars-I just ask you as a person do you feel comfortable with that? Attorney Dusek-I'm a lawyer for the Town and I'll comment in the legal capacity only in these types of matters. But, I think that it's the procedure under the Mental Hygiene Law that is there that they can exercise. The committee is like an extra layer that the Town, I think was fortunate to get into place in terms of being able to make some additional steps here that the Mental Hygiene Department would have to go along with. This is over and above and provides more procedure than what is normally required and I think that's important just to know. You can comment, of course, on whether the job is good, bad or indifferent, but I think it's important to note that it is an extra step or layer there that normally would not be there. Normally they would just come in with their notices the Town Board could hold an informational hearing or whatever then and you'd have very little time in which to react to any of this. Mr. DeMars-We have no time, this is why I'm addressing the issue tonight. When you say very little time what is the State notification of time on locating the house? Once they've located a house what is the notification of time limit to you as a Town? Attorney Dusek-I can't recall the exact time perimeters in the law. Councilman Monahan-There is none now. Mr. DeMars-That is very important and I would like to have it on record. Councilman Monahan-Correct me if I'm wrong, but here is my recollection. The first meeting was held in Queensbury School there was a huge turnout for that meeting. Mr. Donahue was there members from the Department of Mental Health were there. The ones who had already selected houses were there. At that time people got up and gave their objections to the houses that were chosen. The Town has some recourse at that time there were certain ways that they could reject they were giving us to high a population we already had some here and etc. There was just certain formal steps we could take. Then we said to them, alright if get these locations turned down then what happens. It says we pick the second location and we don't have to give you any notice at all. Those second houses that are picked those neighbors do not have any rights at least all of your objections are over with this first round. That's when we got them to agree we had some builders in the audience one of them frankly had some handicapped children he's well aware of the needs. A lot of us said these homes that your choosing they have a lot of bad points to them and they are going to take a lot of money to rehab them. The builders were saying we think if could find the land we could put you up a house that would meet your needs better than any of these houses that you've chosen and we can do it with you expending less money. Mr. Donahue said if you want to take that chance not the Town the builder that's your option that's going to be a spec house for you because we will not agree to anything before hand you can build it we mayor may not buy it. ... we did agree then that we could have this committee that we organized with volunteers that they were going to look for sites or alternate housing better than some of the houses they picked. They gave us a whole list of criteria how many bedrooms the square foot it had to be and there is quite a bit of definite list of criteria. This is what the committee went to work with trying to find some good alternate sites. But, we have no further rights in this Town you have no further rights it may sound like a lousy thing to say, but that's the way the State has set this up. Mr. DeMars-I'm glad it's address and it's being recorded that your telling us that we have no further rights to address this very important issue. Councilman Monahan-According to what the State told us at that time as I remember they said we could object to the first ones, but the second time around we didn't even have to be notified because we had used up our rights. Councilman Caimano-Actually as Mike said it's because this other committee has been there that we even gotten notification. Mr. DeMars-The committee is nothing but a cushion for the State. It's made up of State employees... Councilman Goetz-Could I just say something. Mr. DeMars-I believe I'm addressing Mrs. Monahan. Councilman Monahan- I think your looking at those people with a jaundice eye just figuring cause you work for the State you know, an entirely different department that your going to be, you know not even try. Those people have tried for two years now to find some sites. I know in my area they are right back to the house that the State picked in the first place. Mr. DeMars-When did the State say that they did not have the proper funding you say two years? When did they say they didn't have the funding? When did they go back in the coffers, we've got it you know we've got in down there some place. When did they go to those coffers and say we've got the money, was it before or after Ward Two knocked it out? Councilman Monahan-If I remember and this is from memory, okay. What Donahue said is we may have some time because the State isn't ready to expend the money at this time you may have some time to come up with an alternative and that's when this committee was put together. Mr. DeMars-Were there any houses located as an alternative to this particular one do you know of? It's all cut and dry here the State intends, intends to purchase a home at the intersection of Big Boom and Arberger Drive to house four people. Councilman Tucker-That was the first house chosen in Ward Four. Mr. DeMars-It was the house chosen in Ward Four? Councilman Tucker-That was the first house the State said they were going to buy an option on. Mr. DeMars-How did the State find a house on a dead end road without leadership from a builder, i.e., somebody from this Town telling them that's a good place to dump because we dumped the Batch Plant we dumped three .... on them it's a wonderful area to dump it's called red lining in the banking. Councilman Monahan-They came in with their own people looking for sites through real estate firms here. The Town didn't steer them to any site at all. Pliney was that in the first round that they picked that house? Councilman Caimano-Just now. Councilman Tucker-Just now. Councilman Monahan-Your asking if any other houses were picked. I'd have to go back to the records of that original meeting when they came up with the first houses and see where they picked those four houses. Councilman Tucker-One was on Owen Avenue. One was over in Twicwood and the other one was up in... Councilman Caimano-There has been three in Ward Three. Councilman Goetz-I thought there was one on Heinrick. Mr. DeMars-Have they closed on any of those houses yet this is what I'm here for have they closed? Councilman Monahan-I couldn't tell you that. Mr. DeMars-Have they've given their under the table deposit to the builder or homeowner to okay everything. Councilman Caimano- The answer to that question is loaded. I wouldn't answer that and I wouldn't advise anybody else too. Councilman Tucker-Mr. Donahue has to answer that. Mr. DeMars-Believe me this is the process that's taken place in our particular ward and without representation this is why I'm here. I have a voice too, Mr. Caimano. Supervisor Brandt-Did you say under the table money. Mr. DeMars-When I say under the table I only use it as a figure. But, this is the way we're digesting it because like I say, ward four has been blessed with a lot of things that nobody else wanted. Supervisor Brandt-Ward Three has one. Ward Two, I believe the house sold because the State couldn't exercise the option, but they probably will get another one. Councilman Goetz-Ward Two. What I like to clarify it's my understanding that Ward Two will have a propose home suggested. Mr. DeMars-When I went through Ward Two, I was impressed by the amount of houses that had a for sale sign on before the process started. I was impressed by the amount of houses that didn't have a sign on after the process started it was a wonderful thing all of those houses turned in that given time. It's just amazing how much Ward Two sold within that amount of time. We haven't got that option we haven't got the time that Ward Two had. The representative there that was on the Board that represented Ward Two Sharon Getman, very outstanding person, very commendable person. I commended her on her actions as far as keeping, I shouldn't say as far as keeping something out that wasn't recognized in that particular neighborhood, but I commended her on that fact that she had gathered enough people to come together to come in front of this Mr. whatever his name is Donahue or whatever it is down there. To come in front of him and have the impact in numbers with very influential people within those numbers to impress him that it wasn't the location for that and there a lot of things brought up about that house that I think the house that they have recommended in our Ward area should be brought up also. I think that road is hazardous...to Mr. McNulty we addressed all the hazards and I told him to document it in writing since they don't record their meeting document it in writing give the Homeowners Association a copy of what they present to you he hasn't done that yet has he? Time's running out it's between ten to forty days our days are down to ten. Councilman Monahan-Paul do you still have in your office the State requirements for those homes? Attorney Dusek-As far as the legal time frames? Mr. DeMars-The criteria. Attorney Dusek-I have whatever the materials that were handed out at the time are, I should have those. Mr. DeMars-We never seen a postment of such thing. This house does not comply with any criteria you could ever possible think of. Councilman Monahan-Do you think one of your secretary's could make copies of that and Mr. DeMars could pick them up so he could see what the State criteria are? Attorney Dusek-Sure. Councilman Monahan-If that would be helpful to you. Mr. DeMars-It's not going to be helpful now, I appreciate your concern Mrs. Monahan. What I'm saying is the thing is over with, but we haven't been heard this is the part that I'm trying to bring up. Councilman Monahan-That was one of the problems with the whole process one of the things that we didn't like. Is, yes the first houses were up for discussion and they told us that was the only discussion we were entitled to was on those first houses not on to any alternate choices. Mr. DeMars-Would the Board instead of taking a million dollars and spending it on a firehouse for North Queensbury or wherever we've got a lot of impressive firehouses in this Town and they are beautiful firehouses we need thern. Would the Board take that million point six or whatever they want to appropriate and say to the State we want to challenge your particular Code of Ethics? Is isn't ethical what they are doing. What they are telling you is we like you when you pay your taxes down here we don't like when you say that you don't like what we're shoving down your throat. Councilman Monahan-But, Mr. DeMars what your are running up against is the State Mental Health Laws that take the rights of this community away from it. Mr. DeMars-The problem is the State Constitution works for departments like the State Mental Health. I think the State Constitution should be rewrote with the people in mind not special interest groups. Councilman Monahan-And I'm not disagreeing with you, but I'm just telling you what the game is that we have to play the rules we have to play by now. Mr. DeMars-I understand the part of a game that phrased properly. Mr. Salvador-It's already written in favor of the people the constitution. Mr. DeMars-The constitution is wrote in favor of the people? Mr. Salvador-You bet it is. Mr. DeMars-Then why is the State dictating where they are going to locate anything? Mr. Salvador-They've run rough shot over it and this Board lets them do it and all the Boards like them let them do it. Mr. DeMars-Thank you very much. I just want to complete the letter and then I'll get out of your hair. I understand that probably I'm taking up a little bit too much time, but since I represent our particular Ward area homeowners not ward, please let me rephrase that. It says the State intends to purchase a home at the intersection of Big Boom and Arberger Roads to house four people. An area builder proposes to construct a new home for five people on lot number one in Stone Croft Development and offer it for sale to the State. The State is proceeding with the purchase of a home for five people in Courthouse Estates that's understandable. Councilman Monahan-That's one of the original homes that they picked. Councilman Caimano- The first one. Mr. DeMars-That is a very persuasive thing with what they are doing there that is very commendable in what they are doing. They are saying Courthouse Estate is high end houses and if high end house areas can take it why can't Ward Four. If all three planned acquisitions take place that will put one home in Wards Four, Three, One and a fourth home in Queensbury is not selected. I don't see Ward Two there that's what bothers me it's yet to be selected it will very likely be in Ward Two. As you may know the Wilton Service Office for Mental Retardation and Development Disabilities is in the process of closing it's Wilton facility and is moving the remaining residence into group homes and is purchasing in several nearby counties. About eighteen months ago three homes in Queensbury were identified by Wilton for purchase that's what Mrs. Monahan was bringing up for use as group homes. Wilton intended, intended that each would be home for six to eight people, I can understand what the big turnout was. Before the purchases could be finalized temporary budget restrictions were imposed by the State Office of Mental Retardation and Developmentally Disabilities now they've found money, here we go. Those restrictions delayed and allowed a committee formed by the Town of Queensbury time to develop a working relationship not with the homeowners, but with Wilton Office, I just injected that there because that's basically what it says working relationship with Wilton Office. The committee working with Wilton has been striving to elevate as many as possible of the concerns potential neighbors we are potential neighbors we've got it. It might not be finalized yet, but it's coming. Neighbors have voiced about the group homes for mentally retarded and developmentally disabled homes that are being considered now will have more distance between them and neighboring homes. Concerns about parking, traffic, garbage disposal have been dealt with meaning we had no voice in that it's been dealt with. Instead of serving six to eight people the houses now being selected will be home to four, five or at the very most six people. The way I read this from Supervisor Brandt's Office the way I digest this meeting is that everything is already cut and dry we have no recourse and we better like it the way it is. We're only voicing ourselves because we've got a tremendous amount of diversified items in our particular Ward area that is not liked. What it's turned into it's literally a dumping ground for anything that nobody else wants. It, there is no reflection on these people that the State wants to put in these homes it's a reflection on the politics that's played within this Town is what we mostly want to address. I think that we've been unjustifiably treated and that's why I'm asking for the new resolution to be adopted tonight to undue whatever Resolution No. 635, 1991 powers had over this Board or any other Board. It's says down in it after a while it says this is dealing with the matter of committee to address the situation of the closing of the Wilton Development Disabled Offices and appointing the committee in accordance with Resolution No. 597, that is not 635 that is another resolution, I don't know what that resolution consist of of nineteen ninety one. Of the Town Board of the Town of Queensbury the Town Board hereby resolves to appoint the following individuals to serve on this committee. This list is available for anybody that's concerned here tonight from the Town of Queensbury Office, but you have to go and get it it isn't something that is brought to these meeting. We don't know these people at these meetings they have no name tags they have no names on the table like this Board has we know nobody. I asked at the meeting that everybody stand up and introduce themselves to the taxpayers that were at this meeting they did. Mr. McNulty was very thorough on that he wanted to introduce everyone afterwards. The point that I want to bring up and I really want to stress no minutes recorded nothing, nothing was really recorded at that particular meeting which was very important. Very important not only to Ward Four, but very important to the Stone Croft area which I think is three? Councilman Caimano- Three. Mr. DeMars-The Stone Croft area the location of that is very hazardous that lot. Councilman Caimano-I know I've been there many times we've had meeting over there. Mr. DeMars-It shouldn't have been even introduced. Councilman Caimano- I understand that. Mr. DeMars-But, then again with that being introduced the way it did that gives them time it doesn't give Ward Four time it gives them time to get a different location an alternate location it doesn't give us because ours is already cut and dry. I've taken too long at the mic, I'm sure. Hopefully you would look at our concerns like you would anybody else within the Town. Supervisor Brandt - I think that goes without saying we try and treat everybody the same. Yes, sir. Richard Nicholson-Spoke to the Board regarding his concerns with the new assessments. Questioned the Board if they could tell him approximately what the rates will be. Supervisor Brandt-Noted that they couldn't tell what the school tax is going to be. They control the fire tax and raised one million seven hundred thousand dollars last year for the fire district Town wide and are trying to come in with a budget for the same amount of money. In the water districts raised about million five in taxes. With the water district considering an expansion of the water treatment plant that expansion could raise taxes in that district by five hundred thousand dollars this is something in discussion. The Town general fund raised about two hundred and ninety thousand dollars in taxes. The tax levies believes they are going to be pretty much as described. The million five in water is the one that could go up and there is an unknown on the closure of the Landfill. Noted no one will know until all of the adjustments have been made.... that the Board is aware of all concerns and also have concerns regarding this matter. Councilman Goetz-As a Board we have asked the Assessor to consider delaying this for one year. Supervisor Brandt-There is a dialogue with the Assessor regarding the new assessments. Everett Voorhis-Spoke to the Board regarding the new screen for the Highway Dept. Questioned if they are going to be renting it or purchasing it? Supervisor Brandt-Noted that the bid is to purchase the screen. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 230, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one personnel matter and one litigation matter. Duly adopted this 5th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 231, 93 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 adjourns from Executive Session and moves into Regular Session. Duly adopted this 5th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION ADJUSTING SALARY OF PLANNING ASSISTANT, MS. ARLYNE RUTHSCHILD RESOLUTION NO.: 232, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury desires to adjust the salary of Planning Assistant, Ms. Arlyne Ruthschild, NOW, THEREFORE, BE IT RESOLVED, that the salary for the position of Planning Assistant held by Ms. Arlyne Ruthschild is raised to $24,000.00 per year, with Ms. Ruthschild to receive, proportionately, an increase in salary effective the date of this resolution, and payable from Account #001-8020-1610. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: Mr. Caimano ABSENT:None RESOLUTION AUDIT OF BILLS RESOLUTION NO. 233, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Audit of Bills appearing on Abstract dated April 5th, 1993 and numbering 93109000 through 93133400 is hereby approved, and BE IT FURTHER RESOLVED, that the following voucher was pulled from the Audit of Bills #93000354 - Building and Grounds, totaling $442.13, and BE IT FURTHER RESOLVED, that as a policy on the people doing reval work is to withhold ten percent from them until research this to pay up to ninety percent of the bills total. Duly adopted this 5th day of April, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None Abstain:Mr. Caimano (#000127 Post Star) No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury