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1993-08-30 TOWN BOARD MEETING AUGUST 30, 1993 7:00 p.m. MTG. #63 RES. 481-492 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Pliney Tucker Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Nick Caimano PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BRANDT RESOLUTIONS RESOLUTION REGARDING NOTICES AND DEIS FOR HUDSON POINTE PUD RESOLUTION NO. 481, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury, by resolution, previously determined that the DEIS offered by the applicant in connection with the Hudson Pointe Planned Unit Development project was satisfactory and adequate for purposes of commencing public review, and WHEREAS, the Town Board of the Town of Queensbury, by the aforesaid resolution, established a termination date for public comment and established a public hearing date and also authorized the filing and publication of necessary notices and service of copies of the DEIS as may be necessary, and WHEREAS, the Town Board of the Town of Queensbury also authorized the Town Attorney to approve the form of the notices and make such additions or modifications as may be necessary to provide all information required by SEQRA regulations, and WHEREAS, the Town Attorney has advised the Town Board that he made a change to the Notice of Completion of the DEIS and Notice of SEQRA hearings by adding language indicating that an outline of the scoping document would be attached for publication while the full scoping document would be on file at the Town Clerk's Office and filed with involved agencies, and WHEREAS, the Town Attorney also advises that a change in the cover sheet for the Draft Environmental Impact Statement was necessary as the contact person was listed as Mr. James Martin, whereas Mr. Michel Brandt and his phone number should have been inserted as the contact person, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and ratifies the changes made by the Town Attorney to the Notice of Completion of the DEIS and Notice of SEQRA Hearing and also ratifies the changes made to the cover sheet of the Draft Environmental Impact Statement, as set forth herein. Duly adopted this 27th day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mr. Caimano ABSTAIN: Mrs. Monahan Discussion held before vote: Attorney Dusek-If the Board will recall you adopted a resolution approving the DEIS for public comment on Hudson Pointe project the resolution as part of its contents provided that the Town Attorney could make certain amendments to the SEQRA Notice is necessary so it conformed as to form and I did in fact have to make a couple of changes. In your notice it provided that the resolution and the scoping document would be attached it became quickly apparent when we set the thing up for publication in the paper that if we had tried to publish the whole scoping document it would be too lengthy so what I did was to make an outline of the Scoping document and attached that with a reference that the full scoping document was on file with the agency. The other change that I had to make was in the cover sheet where we found that Jim Martin was listed as the contact person, yet the history of the resolutions adopted by the Town Board had indicated that the Town Supervisor would be the contact person so we made that change and this resolution simply ratifies my actions in making those changes on your behalf. I do not think that they were material, I think that they were necessary and it is here before you. Vote taken RESOLUTION CONCERNING EMPLOYEES RETIREMENT SYSTEM RESOLUTION NO.: 482, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury has been notified by the Office of New York State and Local Retirement Systems that the Town must establish a standard workday for retirement reporting purposes for all elected and appointed Town positions not previously addressed in Resolution 162 adopted in 1988, and WHEREAS, the Office of New York State Local and Retirement Systems has also requested written verification that the Town is utilizing a written option form for enrolling in the New York State Local and Retirement System when such enrollment is optional, and has furnished the Town Attorney with a proposed, written option form, the same being presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury in reviewing the aforesaid matters notes that pursuant to Resolution no. 727 of 1991 the Town instituted and declared that the Town labor policy for all non-union employees as of January 1, 1992 shall be that said employees work a workday consisting of a length of 8 hours and said resolution indicating that the workday shall be the same for all Town employees and union employees, with the exception of those employees exempted by the Federal Wage and Hour Laws, WHEREAS, the Director of Accounting Services has advised that a sign-off sheet on retirement benefits is currently being used, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the use of the option form presented at this meeting for indicating a desire to not belong to the New York State and Local Employees Retirement System when the enrollment is optional and hereby further authorizes and directs the Town Supervisor and the Director of Accounting Services to utilize this particular form in providing notification, and if different than any other form currently being used, to change to this form, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a standard workday for retirement reporting purposes of 8 hours for all elected and appointed Town positions not addressed in Resolution no. 162 adopted in 1988. Duly adopted this 30th day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano Discussion held before vote: Supervisor Brandt-In this one you have a right for new employees to choose to be in or not to be in the retirement system and this resolution is adopting a form that the employee would sign stating what their choice was. Attorney Dusek-I believe some employees have the option many have to join but the ones that do they wanted a confirmation that a form was being used. I had called the State retirement people and asked them to send me a copy of the form that they recommend and so they did. E. J. tells me that they are using a form but, I would recommend that you use whatever form they have given us here. The other thing it does is in 1988 the Town Board adopted a resolution which set the standard work day as eight hours for the Town Supervisor and I believe certain other positions but they didn't cover all of the Town's positions so this resolution also establishes a standard workday for retirement purposes of eight hours for all employees. I should advise the Town Board that under law you have a right to set that standard work day any where between six and eight hours, I only picked eight hours for the purposes of this resolution to get it before you as you had previously like I said set the eight hour day for the Town Supervisor and I also note that your contract amendments with the labor contract and the employees are all working eight hours so it seemed like an appropriate number, but like I say you do have that option of six to eight. Councilman Monahan-What about are part time employees eligible to sign up for this system? Attorney Dusek-In certain instances they are and what would happen is the eight hour average would be just simply, that is what the eight hours is set up. If they work say, ten hours one week, twenty hours the next, thirty hours the next you add up all their hours for the month divided by eight that is how many days they have earned for retirement purposes. Councilman Monahan-I do not think as Town Board Members we are getting credit for eight hour work days if I remember my things that come through maybe we have to look into that. Supervisor Brandt-In fact there is a, some members of the Board were asked by the retirement system to fill out a log of what they are actually working so that, that could be computed correctly, I know I did as a Supervisor. Councilman Monahan-We already had this resolution on file Mike that says the Town Board determines that the position of Town Supervisor, Deputy Supervisor and Town Councilman are hereby considered to have full standard work days as per the requirement of the New York State Retirement System. I think because we are on call all that time and everything. Supervisor Brandt- The retirement system challenged that in effect and said show us the log of what you are really working and show that it is full time. I did it for a month period and tumed it in. Councilman Monahan-I could have logged in six today, the way my phone was ringing. Vote taken RESOLUTION CALLING AND SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT TO BE KNOWN AS THE QUEENSBURY TECHNICAL PARK SEWER EXTENSION NO.1 RESOLUTION NO. 483, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Queensbury Technical Park Sewer District, to be known as the Queensbury Technical Park Sewer Extension No. 1 in that area of the Town of Queensbury located generally in the vicinity of the intersection of Quaker Road and Dix Avenue, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Queensbury Technical Park Sewer District, such extension to service an area of land in the amount of 28+\- acres, such area consisting of those parcels or lots being identified as having tax map numbers 110.00-1-2.1 and 110.00-1-22, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by James J. Connors, P.E., of C.T. Male Associates, P. e., and stamped as prepared by an engineer licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District and a general plan of the proposed sewer system showing proposed installation of a duplex submersible grinder pump station, 195 If of 2-inch PVC SDR 26 force main, 1,410 If of 8-inch PVC SDR 35 gravity sewer, 8 precast concrete manholes, 515 or 545 If of 6-inch PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing manhole, and with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, and that transmission mains of the Queensbury Technical Park Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Technical Park Sewer District pursuant to Town Law, Section 206A, and WHEREAS, an Environmental Assessment Form has been prepared and presented at this meeting, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall consider establishing the proposed extension to the Queensbury Technical Park Sewer District, the same being briefly previously described in this Resolution and more fully in the Map, Plan and Report presented at this meeting, said sewer extension to be known as the Queensbury Technical Park Sewer Extension No.1; 2. The boundaries of the proposed extension are as follows: All that certain tract, piece or parcel of land situate in the Town of Queensbury, Warren County, New York, lying generally Southwesterly ofDix Avenue (County Route No. 42) and generally Westerly of Quaker Road (New York State Route No. 254) being more particularly bounded and described as follows: BEGINNING at the point of intersection of the Southwesterly margin ofDix Avenue with the Westerly highway boundary of Quaker Road and thence from said point of beginning along said Westerly highway boundary of Quaker Road the following two (2) courses: 1) South 27 deg. 53 min. 29 sec. East 514.04 feet to a point; and 2) South 25 deg. 14 min. 04 sec. East 413.70 feet to its point of intersection with the Northwesterly margin of Highland Avenue New York State Route No. 32; thence along said Northwesterly road margin the following two (2) courses: 1) South 59 deg. 06 min. 33 sec. West 242.69 feet to a point; and 2) South 53 deg. 45 min. 30 sec. West 84.08 feet to its point of intersection with the division line between the lands of said Claude e. Charlebois as described in Book 729 of Deeds at Page 221 on the Northeast and lands now or formerly of the Niagara Mohawk Power Corporation, formerly lands of the Adirondack Power and Light Corporation, as described in Book 157 of Deeds at Page 556 on the Southwest; thence North 65 deg. 13 min. 10 sec. West along the last mentioned division line 866.30 feet to its point of intersection with the division line between the lands of said Charlebois on the East and other lands of Niagara Mohawk Power Corporation, formerly lands of the Adirondack Power and Light Corporation, as described in Book 155 of Deeds at Page 320 on the West; thence along the last mentioned division line North 07 deg. 58 min. 00 sec. East 72.72 feet to its point of intersection with the division line between the lands of said Charlebois on the Northeast and lands of said Niagara Mohawk Power Corporation formerly lands of the Adirondack Power and Light Corporation as described in Book 155 of Deeds at Page 320 on the Southwest; thence North 65 deg. 13 min. 10 sec. West along the last mentioned division line 664.11 feet to its point of intersection with the division line between the lands of said Charlebois on the East and lands now or formerly of the Town of Queensbury as described in Book 756 of Deeds at Page 152 on the West; thence North 08 deg. 04 min. 10 sec. East along the last mentioned division line 822.41 feet to its point of intersection with the Southwesterly margin ofDix Avenue; thence along said Southwesterly margin the following three (3) courses: 1) South 64 deg. 37 min. 10 sec. East 673.53 feet to a point; thence 2) South 65 deg. 12 min. 23 sec. East 131.89 feet; and 3) South 65 deg. 37 min. 30 sec. East 59.35 feet to its point of intersection with the division line between lands of said Charlebois on the Northwest and lands now or formerly of Willston Realty Company as described in Book 400 of Deeds at Page 456 and Book 469 of Deeds at Page 504 on the Southeast; thence South 24 deg. 37 min. 20 sec. West along the last mentioned division line 200.00 feet to its point of intersection with the division line between the lands of said Charlebois on the Southwest and lands of said Willston Realty Company on the Northeast; thence South 65 deg. 22 min. 40 sec. East along the last mentioned division line 275.00 feet to its point of intersection with the division line between the lands of said Charlebois on the Southeast and lands of said Willston Realty Company on the Northwest; thence North 24 deg. 37 min. 20 sec. East along the last mentioned division line 200.00 feet to its point of intersection with the Southwesterly margin ofDix Avenue; thence along said Southwesterly road margin South 65 deg. 21 min. 45 sec. East 99.95 feet to the point or place of beginning, containing 27.934 +/- acres ofland. 3. The improvements shall consist of the purchase and installation of a duplex submersible grinder pump station, 195 If of 2-inch PVC SDR 26 force main, 1,410 If of 8-inch PVC SDR 35 gravity sewer, 8 precast concrete manholes, 515 or 545 If of 6-inch PVC SDR 35 lateral pipe, and a Kor- N-Seal connection to an existing manhole, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by C. T. Male Associates, P. C. and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervIsIOn; 5. The maximum amount to be expended for said improvement will not be greater than $130,000.00, said improvement cost to be paid by the developer and at no cost to the Town of Queensbury or the Queensbury Technical Park Sewer District, for the proposed extension, and the areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Technical Park Sewer District; 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Queensbury Technical Park Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 7. In accordance with Town Law, Section 206A, all expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 9. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 20th day of September, 1993, at 7:00 p.m., to consider the Map, Plan and Report for the said sewer extension in accordance with the terms and provisions of this Resolution and to hear all persons interested in the proposal and to take such other and further action as may be required or allowed by law; 10. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than ten (10) days nor more than twenty (20) days before the hearing date set forth herein and as required by Town Law, Section 209-D, and complete or arrange for the securing of two (2) affidavits of publication of notice and two (2) affidavits of posting of notice of the public hearing as required thereby, and it is further RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized and directed to notify the New York State Department of Environmental Conservation and the New York State Department of Health of the proposed action and advised that the Town Board of the Town of Queensbury desires to coordinate a SEQRA review of the proposed action and to act as lead agency in the review of said action pursuant to the State Environmental Quality Review Act and the Town Attorney is also authorized to forward a copy of this Resolution, Part 1 of the Environmental Assessment Form presented at this meeting, and notice of the hearing date to the aforementioned involved agencies, with such other and further documentation as may be deemed necessary or appropriate by the Town Attorney. Duly adopted this 30th day of August, 1993, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT Mr. Caimano RESOLUTION AUTHORIZING EXECUTION OF OFFER TO TERMINATE GRANT AGREEMENT RESOLUTION NO.:484, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, on or about September 25, 1991, the Economic Development Administration, U.S. Department of Commerce, pursuant to the authority under the Public Works and Economic Development Act of 1965, as amended, entered into a Grant Agreement with the Queensbury Economic Development Corporation and the Town of Queensbury, and WHEREAS, the parties have now determined that it is not feasible to complete the project as originally intended and that an accounting should be made and the Grant Agreement terminated for convenience of the parties, and WHEREAS, an Offer to Terminate Grant Agreement for Convenience has been prepared and presented to the Town Board of the Town of Queensbury, which Agreement provides for the disbursement of certain funds by the government, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and accepts the Offer to Terminate Grant Agreement for Convenience, and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury. Duly adopted this 30th day of August, 1993, by the following vote: AYES Mrs. 11onahan,Mrs. <Joetz,Mr. Tucker, Mr. Brandt NOES None ABSENT: Mr. Caimano Discussion held before vote: Supervisor Brandt-This resolution is giving the Supervisor the authority to sign an agreement that has been negotiated between the QEDC and the Federal Government Economic Development Administration. This process started before this administration where the QEDC requested some a grant and we were awarded a grant and later looked at it and said that it did not make sense to proceed with it and so what they are doing here is they are asking for some of their money back that they spent in some of the work that went into the grants and after negotiation I think they came out with the right to apply for $3,200 and some dollars back and this would authorize the Supervisor myself to sign the necessary forms. Councilman Goetz-I looked back in my paper work for QEDC and this was money that they were going to use for the second part of the road I believe, and there was some reasons given in the motion why we are asking it to be canceled. One is the U. S. Dept. of Commerce is no longer willing to grant an extension on the grant. Potential tenants have canceled their expansion plans within the technical park and the QEDC unanimously believes that it is not economically feasible to invest in improvements to the Phase II parcel at this time. Councilman Tucker-Does this come out of the funds of the development corporation or? Supervisor Brandt-It came out of theirs and it will be retumed to them. vote taken RESOLUTION AMENDING RES. 438, 93 CONCERNING RESOLUTION APPOINTING ASSISTANT PLANNER RESOLUTION NO.: 485,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 438, 93 to appoint Susan H. Cipperly as "Assistant Planner," and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution to read "Planning Assistant" so the correct Civil Service title is used, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 438, 93, to read as set forth hereinabove, and authorizes that all necessary Civil service forms and documents be adjusted to reflect the change. Duly adopted this 30th day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION AUTHORIZING ADVERTISEMENT AND SPONSORSHIP FOR THE 1993 ADIRONDACK BALLOON FESTIVAL RESOLUTION NO. 486, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an expenditure of $1,950 for the sponsorship of a balloon and the purchase of an ad in the commemorative booklet issued as part of the Adirondack Balloon Festival for 1993, and BE IT FURTHER RESOLVED, that the expenditure shall be paid for from account number 01-6410-4400. Duly adopted this 30th day of August, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mr. Caimano ABSTAIN: Mrs. Goetz Discussion held before vote: Supervisor Brandt-We have a history of the Town sponsoring a balloon and doing certain advertisements for the balloon festival, it is held in Queensbury and it certainly has a major economic impact for the weekend that it is held and in the past we have sponsored a balloon, last year we tried to find a deserving person maybe a child that is ill or somebody that ought to go for the balloon ride and if anybody can advise us and find the appropriate rider we could put them aboard and give them a balloon ride. I think that would be the right way to do it. Councilman Goetz-I am going to abstain, George Goetz is on the Balloon Festival Committee. vote taken RESOLUTION DESIGNATING OFFICIAL BANK RESOLUTION NO.: 487, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that pursuant to §64, Subdivision 1 of the Town Law of the State of New York, Chemical Bank is hereby designated as a depository for the funds of the Town of Queensbury for the 1993 fiscal year, subject to the terms and provisions of this resolution, and BE IT FURTHER, RESOLVED, that authority be and hereby is delegated to the Town Supervisor to determine the accounts and the amounts to be deposited in said bank, provided however, in the event that deposits shall exceed the amount insured by the Federal Deposit Insurance Act, the same shall be secured in accordance with the provisions of General Municipal Law § 10. Duly adopted this 30th day of August, 1993, by the following vote: AYES Mrs. 11onahan,Mrs. <Joetz,Mr. Tucker, Mr. Brandt NOES None ABSENT: None ABSENT: Mr. Caimano RESOLUTION SETTING PUBLIC HEARING ON FINANCIAL OBLIGATION OF NORTH QUEENSBURY VOLUNTEER FIRE DEPARTMENT RESOLUTION NO.: 488, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury presently has a contract with the North Queensbury Volunteer Fire Company, Inc. (hereinafter "Company") dated January 5, 1993, wherein the Company has agreed to provide fire protection services for a certain area of the fire protection district located within the Town of Queensbury, and WHEREAS, the Company is desirous of securing financing for the construction of a new firehouse on real property situate on the east side of New York State Route 9L in the Town of Queensbury, Warren County, New York, and WHEREAS, the Company has obtained the necessary authorization from this Board to construct said firehouse upon the Company's said property, and WHEREAS, the First National Bank of Glens Falls is agreeable to issuing to the Company a loan in the principal amount of $1,300,000.00 upon certain terms and conditions, and WHEREAS, in order for the interest paid on the loan to be tax exempt thus enabling the Company to obtain a lower rate of interest on the loan, certain public approval requirements as set forth in § 147 of the Internal Revenue Code must be followed, including the requirement of an approval of the loan by this Board after a public hearing upon notice, NOW, THEREFORE, in consideration of the foregoing, it is RESOLVED, that the Town Board of the Town of Queensbury shall conduct a public hearing to consider approval of the loan from the First National Bank of Glens Falls to the Company, and BE IT FURTHER, RESOLVED, that said hearing shall take place at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York on the 20th day of September, 1993 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall forthwith have notice of said hearing be published in the Post Star Newspaper no fewer than 14 days before said hearing, and BE IT FURTHER, RESOLVED, that such notice shall be in substantially the following form: "NOTICE IS HEREBY GIVEN that the Queensbury Town Board shall conduct a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York on the 20th day of September, 1993, at 7:00 p.m. The public hearing shall be for the purpose of considering the adoption of a resolution approving a loan between the North Queensbury Volunteer Fire Company, Inc., and the First National Bank of Glens Falls in the principal amount of $1.3 million dollars, the purpose of which loan is to finance the construction of a 12,162 square foot firehouse for the housing and administration of the equipment and activities of the North Queensbury Volunteer Fire Company, Inc., as related to its obligation under the contract with the Town of Queensbury dated January 5, 1993. The maximum aggregate face amount of the loan to be approved with respect to the facility being $1.3 million dollars. The facility shall be owned, operated, and managed by the North Queensbury Volunteer Fire Company, Inc., and the location of the facility shall be on the east side of State Route 9L at the intersection of State Route 9L and Cleverdale Road, Queensbury, Warren County, New York," and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury will, after said public hearing, consider the adoption of a resolution approving the Company's incurrance of financial obligations for the construction of said firehouse, with the understanding that the Town of Queensbury shall not, by the adoption of any resolution, create or intend to create, any assumption on the part of the Town of Queensbury, of any obligation or liability for said financing, other than that which may exist by virtue of the contract dated January 5, 1993, entered into between the Town of Queensbury and the Company for fire protection services. Duly adopted this 30th day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano Discussion held before vote: Attorney Dusek-I received a call from the Attorney for No. Qsby. Vol. Fire who advised that in the process in attempting to secure their loans for their building they were advised that they would be entitled to an interest free loan if they met certain qualifications. Supervisor Brandt - A low interest loan, not interest free. Unknown-Tax exempt. Attorney Dusek-It is not interest free it is tax exempt, which gives a lower interest rate. In order for them to qualify for this it is necessary for the Town Board to hold a public hearing to comply with IRS regulations, it does not obligate the Town Board to become responsible for the load but merely opens the door for the fire company to take advantage of this exemption. Basically it is just the way the IRS code is set up. When we went thorough our records we found that we had done the same thing for Central Queensbury back a few years ago, so this resolution is quite similar to that one and what this would be is set the public hearing and the hearing has been set for the 20th because you need a fourteen day notice period. vote taken Supervisor Brandt-The last time we met I gave you a draft of a proposed Local Law and since there found a few things in it that were so I am going to give you a re-write of it. This is the law that would establish a department of public utilities through an adoption of a local law and if the Board wants to proceed with it then we would have to set a public hearing. Councilman Monahan-Requested that this be held until next week, requested time to review it. Supervisor Brandt-I also passed out a third draft of a personnel policy and that one the administration has been working the employees basically have put this together, I have had a chance to go through it and make some revisions to it and it back in front of the Board to either work as a workshop, so if you would go through it in detail we need to know if you want to set a workshop or if you just want to adopt it. It is nothing more than formalizing a lot of personnel policies and procedures so that employees know, especially the non-union employees know exactly what our policies are. We have done some of that earlier and this would bring it pretty much to completion. Councilman Monahan-I want a chance to read this too, is there any from the top of your head big differences from the ones that we have adopted a couple of years ago? Supervisor Brandt-I do not know what was adopted in the past I know that this Board made some changes of substance in policies earlier and really this is a codification of them and a clarification of them, I think. There is nothing in there that, I can see that is different from what's the accepted norm but it, it just codifies it, it puts it in writing so you can, it is pretty clear to anybody that comes along. Tonight I just want it in your hands so you can look at it, and move along with it at our earliest convenience. Mr. Jim Martin-I have a quick announcement, this Wednesday all day at the mall, I believe in your packets or your mail boxes a notice of it, DOT is going to sponsor a transportation seminar for the benefit of the public as well as anybody from the Board who wants to come, it will run from approximately 10 O'Clock till 6 O'Clock that day there will be various information materials their staff members of the DOT will be present as well as myself. I hope to be there most of the day and they will hopefully answer any questions that people may have regarding transportation issues and anything else they can answer regarding the 20 year plan that is trying to be developed. Attorney Dusek-Noted that the Town Clerk is passing out the short EAF form for the Qsby. Technical Park Sewer Dist. which is referred to in the resolution...with the Board permission we will include that in the record. (Agreed to by the Board) DISCUSSION Marilyn VanDyke-Town Historian-Gave a presentation to the Town Board regarding Town Collection Management Policy for the History Dept. of the Town. Noted that with this policy we will be able to collect Town artifacts, properly acknowledge, label and number so we know exactly what we do have and where it is and that they are properly cared for. Showed the Town Board already collected items that the Town now has...horse shoe found on the site of the brickworks on Meadowbrook Road, 1940 map of the highways of the Town, ledger from the Haviland Farms early example of agriculture in the Town, we hope to place this on the computer, Post Card of Storytown, Guide to the geology of the Lake George region, Book-Hometown USA, there is a poem about Hovey Pond in the book and we hope to use this at the opening of the new Recreation site, 1971 Farmers Almanac, and Holden's History of Queensbury our history and this is an 1978 copy. My concern is that we take care of these objects and that we use them wisely to pass on to the people of the community the history of this town so I am asking that this drafted policy be put into place. Noted that the policy also covers appraisals of items, how to loan items out, exchange items and borrowing from others, how to dispose ofitems...Introduced Joyce Ritter to the Town Board, volunteer to Mrs. VanDyke Noted a lack of photos of the Town's History...we are currently negotiating with the Queensbury School on early pictures of one room school houses, we have discovered that they do not have all the pictures either. Another project is agriculture in the community what happened to it...described old bams in the Town, catalog pictures ofthem... Supervisor Brandt-In reading the policy it is well thought through I think that you are protecting the Town as well as person who contributes and I think you are setting policies that are very easily understood by anyone that comes along that wants to contribute, I think it would be a great asset to have these policies adopted so that its very clear what the role of the town is in this matter and it is very well thought through. OPEN FORUM Mrs. Lillian Adamson-I do not have any kind of a prepared speech it is Lillian Adamson from Assembly Point. What I am going to talk about tonight is just slightly different. School Tax bills are going out tomorrow I talked to Betty Eggleston and she is working on those today. The concern that I have now is the equalization rate that has been applied to the Town of Queensbury in the Lake George School District. In as much as we had hoped with the Re- Val that we were going to get a break this year something or somebody somehow screwed up. We did not get that break. Councilman Tucker-They went up didn't they. Mrs. Adamson-It went up so we got a double whammy not only do we have much much higher assessments up there we have an equalization rate that has us paying even more to the Lake George School Dist. Something in the District is flawed something went wrong somewhere. The Lake George as I understand it, Lake George and Bolton for the past few years have shown a steady increase in their assessable values and suddenly just as we go up and hope that, that will take care of us their values dropped in amounts that seem almost as though there was a collusion somewhere over there and I am kind of curious as to what happened and whether there is anyway that the Town can pursue an investigation of this to find out whether our people in the Town of Queensbury are being asked to pay a fair share or whether we are carrying an excessive levy. I would like to know is there is any way the State can double check to be certain that the information that they are working with is correct? I would like to know what the Town is doing or will be doing to protect its citizens in this situation and I understand that Helen Otte is unlIappy about what's happen and she is going to be pursuing something. I think she had just a few minutes to speak when I went in with Mr. Brandt this morning, because she was off on court cases. So the only note I have on that is that she says there is a possibility of challenging State procedures. I do not know when or how or what the plans are because she did not have time to elaborate on this, I think it would be interesting if we could sit down at some point and discuss this and see if there is anyway that any of the Lake people or anyone else who is concerned can be a part of any meetings or any help that needs to be given, but I am wondering, I noticed that in Hague and Ticonderoga the School Business Manager said tax bills will be sent out late and the penalty date for late payment will be moved ahead to give taxpayers a full thirty days to meet their obligations. Now, I understand we cannot our tax bills I know that, that would be too disruptive, but I am wondering is, in the challenges and so forth that will be going to the State asking for assistance on this if there is any way. I would like to see any challenges that are possible go forward but I would like them if it is possible to be interested in 1993 school taxes too, not just 1994. In otherwords if they are going to make any changes can they do them in such a way that if there are credits to be given back in Queensbury an additional to go to Lake George this may sound it may be much more complicated probably is but if any kind of pursuit can be made of following through on this and finding out why this happened. The State knew we were going though this why on something that is supposed to be so helpful to us does it tum out to be exactly the opposite. I guess in otherwords I am asking for help and if I have neglected to mention any methodology that is possible for us to use please lets not use the sin or omission here. I would like to be advised of it I would like to request anything that I should be requesting certainly we are going to have a meeting of our board of the East side property owners to see what sort of formal request we can make and if there is anything that you need in the way of a petition or a formal request we would be happy to oblige and we would be happy to oblige in such a way that the wording and so forth would be what would be helpful for you all and I wonder maybe some of you know something that I don't know and if that is the case I certainly would like to hear it. Councilman Monahan-Paul do you know anything about the dates for challenging, I remember the another time we did challenge the equalization rate and we got some benefit as the result of the challenge. I do not know what the time frame is I do not know if it is retroactive if they give us part of what we asked for or what? Attorney Dusek-I think it was a month ago or so somewhere around that time frame I had, Helen had brought this issue up to me about the new rate that would be coming out and of course we talked about it briefly and I said to her whatever you do remember there is going to be severe time frames if you do want to do something about it. As I understand it just to back up for a moment. The 92-93 school taxes and the adjustments between the communities would be based upon the equalization rate as it was set in 92. I would be very surprised therefore if you could do anything as far as the 92 to 93 tax rate is concerned. The 93 -94 which is the year you are looking at now as I understand it based on an equalization rate that is established through some formula or methodology that the tax office uses which they do not provide the usual hearing process for because of the reval year. Now, I also understand that you should be getting in a new rate this fall which probably be the same as what we have now I would guess maybe not, but that rate would be challengeable and that would be applicable of course next year. But you have this one year in here right now with this formula rate which they do not have the normal notices of hearing and procedure for, like I say as I understand it, the question becomes how successful would you be if you challenged it, what kind of challenge could you make it seems to be if there is no internal State Board procedures then probably you would be looking at a Court challenge of some kind. Those are questions though that I do not have the answers to because, like I say, I just briefly touched based with Helen on it back awhile ago and I did not pursue it any further, waiting to hear from somebody, as far as, her, as far as whether she had any interest in pursuing it. It did not look real attractive at the time when we looked at it. Councilman Monahan-Did you do the prior challenge or was that done by a prior attorney? Attorney Dusek-I did one of the challenges when I first became Town Attorney for you and we had some marginal success but it was very, very small, but I think there was some marginal success on one of them. You may have challenged it before me, I do not know. Supervisor Brandt-I remember an official from the State Board or Equalization group here telling us why we needed this reval and how it was going to help this particular situation. We should be up one hundred thousand dollars which we did and somehow I feel screwed. Mrs. Adamson-I do to? Supervisor Brandt-The County guys came and they told us oh gee is it going to solve all the problems and we are all done we have created more problems its seems to me than any body has resolved. I just saw the budget request for a lot of money to handle all the law suits that are coming. Some how there has got to be a better way, great minds must be able to do better than this. Councilman Monahan-To me it is a little ridiculous when some other parts of the Lake George School dist. the revaluation is fairly recent but it is older than ours and they have a better equalization rate than we have with a brand new one. Supervisor Brandt-And we have a lot ofunlIappy citizens in the Town of Queensbury who do not like our reval. Councilman Monahan-But what I am saying the equalization part of it does not make sense either, Mike. Supervisor Brandt-How did that all happen? Councilman Monahan-What I am saying is is you look at the logic of how of what the State has put out there are an equalization rate, that is not a logical equalization rate that is what I am saying. Mrs. Adamson-It is totally illogical and that is why I am saying you know we kind of need the Board's support and push and support for Helen Otte for anything she wants to do and some sort of push. I just do not thinK that the Town should let this happen to its people, and I think there are enough people. Supervisor Brandt-Hell, we did it, we paid a hundred thousand dollars so that it could happen, and we got took. Mrs. Adamson-No, this is something. Councilman Monahan-We are talking about two different issues. Supervisor Brandt-No, we are not we are talking about a reval that somehow did not get used correctly, how did, I thought it was straight mathematics, somebody explained to us that once we got all this revaluation that straight mathematics would come to play and the Assessment rate, the equalization rate in this district would be all straightened out and somehow or other it didn't happen, it is like going to a magic show you expect, the cloth to come out of the hat but it is a rabbit. How in hell did they do that? I do not know. But I know what it cost. Mrs. Adamson-One of the things as I understand it that caused this problem, when you do the reval you wind up with a totally expected, it is almost set what is going to happen as far as your own statistics are concerned. Councilman Monahan-You are talking about the one third type of break down? Mrs. Adamson-Yea, there is a specific thing that happens and that happened. But, what went wrong was at the same time we got this raise which we needed for some reason Lake George and Bolton values in Town dropped when they had been steadily going up. All of a sudden there is this very, very large drop and people are kind of wondering if our values went up in the Town of Queensbury so much how in this last year did Lake George and Bolton drop so much from their assessed value. What went wrong? Councilman Tucker-Maybe, Lake George and Bolton was expressing the market value our assessment went up in the Town of Queensbury and did not express the market value one iota in any part of the Town of Queensbury not one iota. Councilman Monahan-But if they were higher then the market value, Pliney, what should happen is that our equalization rate should have gone sky high and our equalization rate did not go that high at all. Councilman Tucker-It did not change at all but it went up, it did not go down. Mrs. Adamson-But, somehow or other as I say, I would like a pursuit of this in whatever options we can follow. Now, I do not know if there is any chance of doing anything. I am talking about this school years taxes and because if we wait for next year and all of a sudden here we are again in August and we get the same thing we need to find out why the State is doing this and is there somebody in the State that is setting these that likes having Lake George and Bolton lower because they have property there? What is the reasoning that is causing this to happen to us. I think that there is some manipulation somewhere that is causing it and we need as a Town to not let this to continue to happen to us to this degree. ...Helen is doing something now, do you know what Helen is ... Attorney Dusek-I do not know what she has planned because as I say the only discussion I had with her is the discussion that I just related so, if she has any new tactics at this point I am not aware of them. ... Mrs. Adamson-There is rumor of a suit? You do not know of any, you are not pursuing any kind of suit against the State? Attorney Dusek-I am not, no. Mrs. Adamson-If she would be would she be doing it thorough you? Attorney Dusek-I would think so. Mrs. Adamson-But you have no knowledge of anything as of yet. Attorney Dusek-There is no, absolutely no study, work, preparation no drafting of papers nothing to start a law suit. Not from my office anyway. Mrs. Adamson-Not from your office. What do we need to do to start something going will somebody talk to Helen or. Supervisor Brandt -You were there, I tried to talk to Helen about it as you did and I will pursue it again. Mrs. Adamson-How many court cases do you have going for some claims as a result of and the article 6's as a result. Supervisor Brandt-I don't think I even want to know that. Lots. Mrs. Adamson-Does anybody know? Councilman Tucker-I don't. I know there is some but I do not know how many. Attorney Dusek-I do not know the count on a small claims Lillian because I have not been involved you know in those cases except for just a couple the other day which I showed up for because Helen was not around. The Article Ts I believe the number this is just an approximation ball park, I think I saw something like fifty to sixty. We can verify that tomorrow easily I just don't is you ask me get off the top of my head what I got in. Mrs. Adamson-That is ok, it is just. Councilman Tucker-How does that compare to other years? Attorney Dusek-I am not sure I haven't done a comparison, I came, when I came into Town your last assessment had really been through one year and I think I came in on the second year of the rebound from that revaluation so, I would have to go back and check. Supervisor Brandt-I know what it is budget wise. It is a lot large figure to a request to defend the figure has gone up I think at least five fold if not more. Attorney Dusek-I think it is important to state though Mike for the record when you talk about this figure to defend this is not my office figure but rather a figure that the assessor has given you as far as what she thinks the appraisal costs might... Supervisor Brandt-I have to tell you, I went to Paul about it and I said you know you don't just expand items in the budget five fold and ten fold and say, you are going to raise the taxes and do it at least not in this administration. So, I went to Paul and said you have got to help me make an assessment of this we have got to act in a responsible manner but we are not going out, I do not want to be a party now to go and use the taxpayers money to beat up on the taxpayer in court. You know I think we already used their money to do the reval and, Councilman Tucker-I think you put it on the public record iliat you were not going to do it. Supervisor Brandt-Well it is going to be a decision of the whole board, so, we're, it is a question we have to wrestle with and I do not like it. This thing has been a disaster, been a disaster every step of the way as far as I am concerned, it has been very expensive one and then all the wrong results seemed to come out of it. You could not have planned it better if you were trying you know be a total subterfuge. Mrs. Adamson-What do you have to do when you go to an article 70, you have to hire an appraiser for everyone of those properties you are defending? Attorney Dusek-Yes. Mrs. Adamson-To the tune of what about six or seven hundred dollars? Attorney Dusek-It varies all over the place. It could be thousand of dollars for some the ... Supervisor Brandt -You can make settlement. Mrs. Adamson-Yea. on the basis. Supervisor Brandt -You can go do the work we were supposed to do in the beginning and sit down and find out what we think the real answer is and sit down and come to the real answer and not go to court to find out what the real answer is, that is what assessors are supposed to do. Mrs. Adamson-This was one of the things of course that I appealed on when I came in before I have only been through six of my court cases so far but two of them got settled there and two we had findings for and two no help. But, of the six, four of them the Town is having to pay back the filing fee and as a taxpayer I object you see. Because we are paying all the way around. Supervisor Brandt-And there are places where as a government we are going to have to be responsible because there are some enormous properties in this Town and if those assessments are really in error we are going to have to go through the process in court so. Mrs. Adamson-The thing that I am really the most upset of all about is the fact that the people who are buying the properties and the people who are buying land are actually assessed less then those of us who have been living up there and that really tees me off. It just boggles my mind to find somebody who is paying $1800. a foot $2100. a foot $1300. a foot and they are assessed at that. Some of them are even assessed less than that, less than what they paid and people who paid $350,000. for a property with a house are being assessed $316,000, and yet I am being told I have to be assessed at 100% and those people are not. I just do not feel that it is right and the person that is right next door to these sales of $1800 a foot they are assessed far more. It just does not make any sense whatsoever. That of course leads to another question, it seems to me that Helen has the option come next fall, next winter before the new rolls go out when they are published in May again it seems to me she has the option when all these court cases are through and we may have new land values or new assessment values to take a look at the properties that are abutting some of these and say we have discovered that a fair land value rather than $2800 a front foot and make some adjustments. Even if people don't, see what happened this time if people were not able to get into see her they did not get those adjustments, that everybody was supposed to get, and nobody got them. Councilman Tucker-Mrs. Otte, sat right here and told all of us that it cannot be done that way. You cannot value property the way you are talking, she sat right here and told us that, it cannot be done that way. We asked her to do it in some cases and she said no it could not be done. Mr. Adamson-It cannot be adjusted next spring? Councilman Tucker-We asked her to adjust some of these cases here without doing a reval, no it cannot be done that way....! was the only one talking to her at that time. Mrs. Adamson-She can make adjustments, am I correct Paul, she can make adjustment. Attorney Dusek-My feeling is that she can based upon, if there is an obvious error or if there is a discrepancy between what she has leamed in the mean time and what the values are I think she has some flexibility. That could go up or down for that matter. Supervisor Brandt-She can adjust the rolls that is her legal responsibility. Councilman Monahan-From what she told me, Lillian in conversation, she figures the next year there will be a fine tuning on a lot of these revals. Supervisor Brandt-I bet there will. Mrs. Adamson-So, it can also be up, in otherwords, I knew, I figured she could go down I did not know that she could go up. Attorney Dusek-It is my understanding she can go either way you know whatever is fair. The whole idea of course, theoretically to get to the what is the proper value of the property, that is what the goal should be and if a property is erroneously assessed low she should raise it, if it is too high she should lower it. And she should have, obviously though one of the keys in doing the process is that she should maintain equality in the roll as well as the value in the roll in terms of ... Councilman Tucker-Paul, we just spent a hundred thousand dollars to get that done. Mrs. Adamson-I think you for your time and I do hope you will pursue this and see if there is any way of getting any justice this year. Supervisor Brandt-I do not know how to do it I really do not, it is not my field of expertise somebody show us how tell us how I would be glad to pursue it but ideas I do not have on it I just do not know what to do. It is just total frustration for me. Councilman Goetz-Are you going to be contacting her further though? She should be telling us, how it is going to be happening. Mr. Adamson-I think she knows more about it then we know tonight, that is my impression. I think the Assessor has access to information about what goes on in Albany, even Mr. LaRose a suit at one point. Mrs. Adamson-I think the Assessor is the proper one to do this what I am asking that she be given every assistance that she needs in doing it and every impetuous to do it. Supervisor Brandt -Would the Board like to ask her to come and speak to us? If it would be stronger if the Board asked that then if I did. Councilman Goetz-I as a Board Member would like to. Supervisor Brandt-I would. Councilman Goetz-Just have her explain it and see what her options are. Supervisor Brandt-Tell us what can be done. That is her field. Invite her to come to the next meeting to do that if that all right are you in agreement? (Board agreed) Mr. John Schreiner-I would like to find out what took place with the County on the proposal two weeks ago that Mr. Tucker made to have the safety man on DunlIams Bay Road? Supervisor Brandt-I do not know that anything has taken place. We are going to refer this to the Traffic Safety committee. Executive Director Martin-I have a call into them they have not called me back, I will try them again. Supervisor Brandt-I have signed a purchase order for the surveying of that road. Attorney Dusek -Noted that Wednesday morning they will be there to identify the road, by use portion of it. Supervisor Brandt-I drove by that the other day and looked at it if that is a Town Road you will have to determine if it is one lane two lanes there is a lot of parking that would seem to be on what seemed to me to be a Town Road so that is going to have to be resolved. Mr. Schreiner-Did you have any luck with the County are they going to give up any part of that, that they own? Attorney Dusek-The State you mean? You need the survey in order to go to the State with that. Mr. Schreiner-I thought we had the survey. Attorney Dusek-No, that was the survey that was what everybody was trying reach an agreement on where it would lay and nobody could reach the agreement so we dropped that whole issue. Now it is just the Town is going to ascertain what its position is on the road and then that is it. Councilman Tucker-This is to determine it is a road by use, right? Attorney Dusek-Right Councilman Tucker-And it is to determine our right of ways. Attorney Dusek-How much of it is the Town's Road. Mr. Schreiner-I mentioned to Mr. Brandt, according to Mr. John Salvadore where that road enters out onto Route 9L if all of this is County why did that have to take an abrupt tum at that point, why couldn't it have gone farther west or whatever if this is all County and if they are going to give it up rather than cause the Town to make this abrupt tum to come out onto Route 9L. Attorney Dusek-Are you talking about the turn down near your boat launch area? Mr. Schreiner-Coming off from DunlIams Bay onto Route 9L on the west end not on the east side. Attorney Dusek-What happened there was in the 1960's that road was blocked off it never, it did not use to come out there, and when it got blocked off in the 60's they made a, that is when that tum got up onto Route 9L and the problem you have is because it was blocked off for such a long period of time and it is overgrown in my opinion the Town has lost their rights to that portion of the road so you now only have what you have to work with which has been used by the public and.. Mr. Schreiner-We are missing something there your part of the road definitely used to come out down by the hot dog stand, but the width of that town road so called town road what ever between their and Route 9L is still State or County property nobody gave that up, if you gave up your right to the Town's portion of it nobody gave up from that portion that you gave up to Route 9L Attorney Dusek-That is right the part that the State took they still own. Mr. Schreiner-What I am driving at if it becomes a problem to get off from this road out onto Route 9L, why if the State gives up their portion why couldn't the road be extended further west to make that a more gradual tum to get out onto Route 9L? Attorney Dusek-That may very well be a possibility that is up to the Highway Dept. how they want to construct that road. Mr. Schreiner-If they know about it, that is my only concern. If no one tells them that this is not private property they will never know it is what I am driving at, if you bring somebody in that does not understand or does not know that particular part over there what is going on they are just going to take it for granted that you only have to work with what is macadam over there. Attorney Dusek-I will make a note to mention to Paul Naylor to keep in mind the State owned portion of it. Mr. Schreiner-I know John had that surveyed over there and the markers are still in that lawn part that he has got over there. Supervisor Brandt-Asked for further comments...Open forum closed. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 489, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss a matter that is in litigation, a matter potential for litigation, Attorney Client privilege and one personnel matter. Duly adopted this 30th day of August, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES; None ABSENT: Mr. Caimano (Executive Session held in Supervisor's Conference Room) RESOLUTION TO COME OUT OF EXECUTIVE SESSION RESOLUTION NO. 490, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 30th day of August, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mr. Caimano RESOLUTION REGARDING SOUTHWORTH MACHINERY CONTRACT/ REQUEST FOR RETURN OF INTEREST RESOLUTION 491,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Attorney is hereby authorized to contact Southworth Machinery and request the retum certain interest paid on an equipment purchase consisting of a wheel loader, serial number 22Z2555 pending or subject to the Attorneys first reviewing the minutes of August of 1989 of the Town Board and subject to the Attorney also reviewing that part of the tape which would contains Town Board conversations concerning resolution number 176 of 1988. Duly adopted this 30th day of August, 1993 by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mr. Caimano RESOLUTION CALLING FOR ADJOURNMENT RESOLUTION NO. 492, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjournes its meeting of August 30th 1993. Duly adopted this 30th day of August, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mr. Caimano Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury