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1993-09-13 REGULAR TOWN BOARD MEETING SEPTEMBER 13, 1993 7:00 P.M. MTG#67 RES#507-518 B.H. 30-32 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Jim Martin, Dave Hatin Supervisor Brandt -Opened meeting, noting they have been in a special meeting regarding a public hearing on Hudson Pointe and now are going into regular session. PUBLIC HEARING 7:02 P.M. PASCO AVENUE EXTENSION TO THE QUEENSBURY CONSOLIDATED DISTRICT NOTICE SHOWN Supervisor Brandt-I think we've sent out legal notices? Deputy Town Clerk O'Brien-Yes. Supervisor Brandt-I'm going to formally open the public hearing. Is there anyone here who would like to speak on this subject? NO PUBLIC COMMENT DISCUSSION HELD PUBLIC HEARING CLOSED 7:03 P.M. Councilman Caimano-Noted that the amount of money is different than what was explained to him on the telephone. Attorney Dusek-Noted he had indicated that the plan for the district was $25,000 or $30,000. For the extension pipe or the loop pipe was $100,000 for the consolidated district. If you combined the two it then comes to $125,000. Councilman Caimano-Noted he still has the same problem with this which is the Board is setting a new precedent. In the resolution we don't determine for any district below $125,000, we'll do it this way and for those above $125,000, we'll do it that way. The people who have gone before the Pasco Avenue Water District who have had to comply all under our rules and regulations would feel a little bit slighted that we're going to do it a different way, noted it will be costly for to the Queensbury Consolidated Water District. Attorney Dusek-Explained that the Board under the law does have the opportunity to create the district either as a separate district or as an extension district. The separate district which was initially contemplated involved a separate district for $25,000 and a 202B improvement to the parent district for $100,000. If the Board were to proceed along the lines of a separate district in this case the $25,000 would have to be bonded. You would have to go through the State Comptroller's Office and then you would have to go through the bonding practice. You would also have to maintain a completely separate set of books for the separate district both on 0 & M and on Capital and you would have to have contracts running between the small district and the parent district. After giving this some thought and the fact that you were doing a loop that was the justification for the $100,000 expense which was a large expense and the parent district was paying for this anyway. Looking at the mechanics involved as well as the fact you were looking at a $25,000 expenditure and was it worth it to go through all the work that you have to do through the Attorneys Office, State Comptroller's Office, bonding cost. Noting he recommendation to the Board would be the extension format. Councilman Caimano-Stated the important issue if this goes through then there is no old way of doing things unless something is put into this law. Attorney Dusek-Agreed that you have to be concerned about precedents, also, noted that he did not undertake this activity without talking to the Board first. Councilman Monahan-Questioned the cost effectiveness of going the conventional way? Attorney Dusek-If you went the conventional way there would have to be a minor readjustment in the engineering report. The more significant thing would be Attorney time involved, noting looking at approximately six months to get through the Comptroller's Office. Once through the Comptroller's Office then you will have to bond the $25,000, which means you will have to draft a BAN. Under law it can be renewed year after year, but have to make a small payment on it every year in order to pay that off. If you do a BAN and you redo it every year you will have the cost to redo that every year, noted that this is something his office prepares. Councilman Monahan-Looking at the cost savings that can happen. Thinks you have to put reasons in this why its not going to set a precedent because of the smallness of the district, because of the economic level, legislation that allows to do it. Councilman Tucker-Questioned when the water lines on Fuller Road were extended if this was part of extending the district? Attorney Dusek-Hasn't personally checked this out. My understanding is that was within the consolidated water district so it was not an extension on Fuller Road. Supervisor Brandt-Have had conversations regarding this with the engineer. Noted there are a couple of factors that weigh heavy here. The cost of going through the whole legal process for such a small district, small amount of money, it is just not cost effective and the cost constraints. Councilman Monahan-Questioned if this is something that could be in this fall. Supervisor Brandt-Hoping, too. Councilman Tucker-Noted the Water Department is waiting for approval to go ahead with the 12 inch line. Attorney Dusek-Noted you would still have to go through a 30 day referendum time period on this. Recommended to the Water Department to immediately apply to DEC for the water permits so they can have those in hands by the time they get ready to move ahead. Recommended that they be filed this week. The following resolutions were passed. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING THE ESTABLISHMENT OF THE P ASCO AVENUE EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 507, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is considering the action of adopting a resolution establishing an extension to the existing Queensbury Consolidated Water District, to be known as the Pasco Avenue Extension, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and complete such other information as may be necessary to indicate such, and BE IT FURTHER, RESOLVED, that pursuant to Section 617.15, the Negative Declaration presented at this meeting is hereby approved and the Town Supervisor is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION APPROVING THE ESTABLISHMENT OF THE PASCO AVENUE EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 508, 1993 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Queensbury Consolidated Water District, to be known as the Pasco Avenue Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Queensbury Consolidated Water District, such extension to service an area to the north of the City of Glens Falls and in the vicinity of Sherman Avenue and Pasco Avenue and generally to the west of the Smoke Ridge Road area and east of the Land O'Pines Water District, such area consisting of several parcels or lots 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 Haanen Engineering, Thomas W. Nace, 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 Queensbury Consolidated Water District and a general plan of the proposed facilities showing a new 12" water main along Sherman Avenue and a new 6" main along Pasco Avenue, together with necessary hydrants, valves, tees, and a sleeve and restoration work, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Consolidated Water District pursuant to Town Law ~206A, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Pasco Avenue Extension to the existing Queensbury Consolidated Water District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to ~206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED, that: 1. The Pasco Avenue Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. of Health; the obtaining of any necessary permits or approvals from the New York State Department b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; c. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; d. the adoption of a final Order by the Town Board of the Town of Queensbury; 2. The boundaries of the Pasco Avenue Extension to the Queensbury Consolidated Water District are as follows: Beginning at the northeasterly corner of Great Lot 69, said point also being the northeasterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, Warren County, New York. THENCE from said point of beginning, southerly along the easterly boundary of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, to the northerly side of Sherman Avenue; THENCE crossing Sherman Avenue to the northeasterly corner of Lot 5.1, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE continuing in a southerly direction along the easterly boundary of said Lot 5.1, Block 4, Section 121 to the southeasterly corner of the said Lot 5.1, Block 4, Section 121; THENCE in a westerly direction along the southerly boundary of said Lot 5.1, Block 4, Section 121 to the southwesterly corner of said Lot 5.1, Block 4, Section 121; THENCE crossing Niagara Mohawk Utility property (Lot 4, Block 2, Section 90 of the Tax Maps of the Town of Queensbury) to the southeasterly corner of Lot 8, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a westerly direction along the southerly boundary of said Lot 8, Block 3, Section 121 to the southwesterly corner of said Lot 8, Block 3, Section 121; THENCE continuing in a northerly direction along the westerly boundaries of Lots 8 and 4, Block 3, Section 121 to the northwesterly corner of said Lot 4, Block 3, Section 121 also being the southern boundary of Sherman Avenue; THENCE crossing Sherman Avenue to the southwesterly corner of Lot 17, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a northerly direction along the westerly boundaries of Lots 17, 1.1, 1.2 and 2, Block 2, Section 121 to the northwesterly corner of said Lot 2, Block 2, Section 121 of the Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundaries of Lots 2 and 3, Block 2, Section 121 to the northeasterly corner of said Lot 2, Block 2, Section 121, said corner also being the westerly boundary of Pasco Avenue; THENCE crossing Pasco Avenue to the northwesterly corner or Lot 4, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE continuing in an easterly direction along the northerly boundary of said Lot 4, Block 2, Section 121 to the northeast corner of said Lot 4, Block 2, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 4, 18, 6, and 7.2 to the northwesterly corner of Lot 1.1, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundary of said Lot 1.1, Block 3, Section 121 to the northeasterly corner of said Lot 1.1, Block 3, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 1.1 and 1.2, Block 3, Section 121 the intersection of the easterly boundary of said Lot 1.2, Block 3, Section 121 of Tax Maps of the Town of Queensbury with the northerly boundary of Great Lot 69; THENCE easterly along the northerly boundary of Great Lot 69 crossing Niagara Mohawk utility property to the northwesterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE easterly along the northerly boundary of said Lot 5.21, Block 4, Section 121 to the point of beginning. 3. The improvements to be included and made a part of the extension shall consist of the purchase and installation of approximately 3,000 lineal feet of 12" water main, 1,010 lineal feet of 6" water main, with necessary valving, hydrants, tees, a sleeve, valve boxes and restoration work, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Haanen Engineering, Thomas W. Nace, P.E.; 4. All proposed construction shall be installed and paid for by the Queensbury Consolidated Water District as extended 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 $125,000.00, said improvement cost to be paid by the Queensbury Consolidated Water District as extended 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 Consolidated Water District; 6. There will be no financing of the construction or installation cost for the proposed water extension, the same to be paid for from current funds; 7. In accordance with Town Law, ~206A, all expenses of the Queensbury Consolidated Water District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Queensbury Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 10. 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; and BE IT FURTHER, RESOLVED, that this resolution is subject to a permissive referendum in the manner provided the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING FILING OF PERMITS PASCO AVENUE CONSOLIDATED WATER DISTRICT EXTENSION RESOLUTION NO. 509,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Water Department and Town Attorney's Office working together to file the permits with DEC and the Department of Health to allow an extension of the water district and supply the area of the Pasco Avenue Extension with water. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None HEARING UNSAFE STRUCTURE BAPP Dave Hatin-Updated the Board regarding the unsafe structure on Ogden Road, belonging to Mr. Bapp. Noted he has filed in the hole, but there are a number of miscellaneous items that still are left on the site and should be cleaned up. Questioned the Board on the next step of procedure. Councilman Tucker-Questioned if Mr. Hatin has spoken to Mr. Bapp. Mr. Hatin-Has tried to contact Mr. Bapp four or five times with no success. Councilman Monahan-Questioned what is left for him to do? Mr. Hatin-Clean up the metal debris. Once it's gone then the property is cleaned up. Attorney Dusek-Noted the resolution previously passed had a provision in it that said that he had thirty days in which to start, sixty days to finish. Recommend by a motion tonight the Board could indicate that the time frame will remain in place and serve him with another copy of the resolution with the fact that there has been no change as a result of this hearing tonight. Councilman Tucker-Noted he will make an effort to contact Mr. Bapp to see if he could get him to clean up the property. HEARING OPENED NO PUBLIC COMMENT HEARING CLOSED The following resolution was passed. RESOLUTION CONCERNING UNSAFE STRUCTURE MR. BAPP RESOLUTION NO. 510,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board hereby acknowledges that a hearing was held that Mr. Bapp did not speak at the hearing or apparently attend and that the original order and resolution of the Board remains in effect and Mr. Bapp is asked to comply with the terms and provisions of the same. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None RESOLUTIONS RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 511, 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: WATER DEPARTMENT: FROM: TO: AMOUNT: 40-8320-2899 (Construction) 40-8320-4350 (Maintenance) $ 5,000.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING PROPOSITION TO BE PLACED ON BALLOT REGARDING THE CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 512, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls, in the County of Warren and the Town of Moreau, in the County of Saratoga and the Town of Queensbury, in the County of Warren and the Town of Moreau, in the County of Saratoga and the Town of Queensbury, in the County of Warren, and WHEREAS, the aforesaid legislation provides and the Board of Trustees of Crandall Public Library have authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 2, 1993, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 1994 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of one trustee from the Town of Queensbury to the Crandall Public Library [District] Board; and WHEREAS, the Board of Trustees of Crandall Public Library have requested that the Town of Queensbury adopt a resolution authorizing the placement of propositions concerning the above issues on the ballot of the November 2, 1993 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and request that the same be placed on the ballot in all the voting locations in the Town of Queensbury on the General Election Day, Tuesday, November 2, 1993: [l] BUDGET The proposed 1994 budget of the Crandall Public Library District is $1,105,288.75 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $318,346.96. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For a vacancy upon the Board of Trustees of the Crandall Public Library [District] representing the Town of Queensbury to serve a term of five (5) years. Vote for one: Mr. Kenneth Parker. and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to transmit a certified copy of the text of the aforedescribed propositions to the Board of Elections or other appropriate officials, with the same to be submitted in the order and form set forth herein. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None DISCUSSION BEFORE VOTE Ken Parker, Board of Trustees Crandall Library. Spoke to the Board regarding the legislation that was passed in 1992 by the voters of the Town of Queensbury, City of Glens Falls, Town of Moreau which directed the Crandall Library to become the Crandall Public Library. Part of the legislation was the ability of the voters of the three municipalities to annually pass or not pass the budget as proposed by the Library Board of Trustees and to elect or re-elect trustees to the Board as opportunity came along. Noted that this is the resolution that is before the Board to place these two items on the November ballot. Councilman Monahan-Questioned the dollar amount that Queensbury's share will go up? Mr. Parker-Town of Queensbury share will be $318,346.96, noting last year it was $287,956.00. Councilman Monahan-Questioned what municipality share was paid last year of the library budget? Mr. Parker-Noted he did not have that information available, but could get iffor the Board. The 1994 budget for the library is lower by six percent than the 1993 budget. Also municipal contributions are less that fifty seven percent of the total library budget. The balance of the money is raised by grants, donations, contributions from individuals and corporate entities in the area. It was noted the budget is available at the library and that a public hearing will be held on October 5th, 1993 at 7 :00 p.m. at the Queensbury Center. RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 513, 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: COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-3510-1640 01-3510-4760 (Dog Control Officer) (Vet Services) $ 1,100.00 01-3620-4100 (Telephone Use) 01-3620-4010 (Office Supplies) $ 300.00 01-3620-4100 (Telephone Use) 01-3620-4050 $ 100.00 (Books, Pubs., & Sub.) 01-3620-4100 (Telephone Use) 01-3510-4400 $ 50.00 (Misc. Contractual) 01-8020-4120 (Printing) 01-8020-4050 $ 300.00 (Books, Pubs. & Sub.) and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Discussion held on Resolution approving Agreement Governing Administration and Enforcement for Wastewater Regulations between Lake George Park Commission and Town of Queensbury (NO ACTION TAKEN). Executive Director, Mr. Martin gave Board a brief update regarding this matter. Has spoken with the Park Commission regarding the fee amount, how charge, what for, and how often is it charged. Spoke with Mike White, Director of Lake George Park Commission. It is a $40.00 annual fee for a facility up to 1,000 gallons. From 1,000 gallons to 3,000 gallons it's $80.00 a year. From 3,000 gallons to 5,000 gallons it's $120.00 a year and greater than 5,000 gallons it's $160.00 per year. The fee is not tied to the inspection it's an annual fee that's charge sent in September. The fees are used to offset the cost of the inspection which goes into the Lake George Park Commission Trust Fund and the New York State Comptroller, his understanding is the trustee of that fund. The money is only used for Lake George Park Commission purposes as set forth in the Lake George Park Commission Law. Councilman Monahan-Questioned how often they are suppose to inspect? Executive Director, Mr. Martin-Every year. Councilman Monahan-Questioned how many Queensbury properties were affected by this? Mr. Hatin-Approximately nine hundred. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR DOUGLAS E. COONS RESOLUTION NO.: 514, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Mr. Douglas E. Coons has filed an application for a permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to replace his old mobile home with a new, larger, mobile home at property situated at Moon Hill Road, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on September 27th, 1993 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Mr. Douglas E. Coons for a permit to substitute a larger mobile home for an existing mobile home on property situated at Moon Hill Road, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 515,93 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 adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR JOSEPH W. & MARY CAROLYN SHAY RESOLUTION NO.: 30, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and to issue variances to the Lake George Waste Water Manual issued by the New York State Dept. of Environmental Conservation, and WHEREAS, Joseph W. & Mary Carolyn Shay have applied to the Local Board of Health of the Town of Queensbury for two variances from certain standards of the Lake George Waste Water Manual as set forth in Table B-2, such standard providing as follows: TABLE B-2 MINIMUM SEPARATION DISTANCES (ft.) SEPTIC TANK ABSORPTION SEEP AGE SEWER FIELDS PITS LINE Lake George 100' 200' and WHEREAS, Joseph W. & Mary Carolyn Shay have indicated a desire to place the absorption field 150' from the Lake George Shoreline, and the septic tank 50' from the Lake George Shoreline, rather than placing them at the mandated 200' and 100' distances, respectively, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 27th, 1993, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two variances of Joseph W. & Mary Carolyn Shay to place the absorption field 150' from the Lake George Shoreline, and the septic tank 50' from the Lake George shoreline, rather than placing them at the mandated 200' and 100' distances, respectively, on property situated on Assembly Point, Lake George, Town of Queensbury, New York, and bearing Tax Map No.: Section 6, Block 3, Lot 26, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR LAWRENCE M. & LOIS V. STONE RESOLUTION NO.: 31, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and to issue variances to the Lake George Waste Water Manual issued by the New York State Department of Environmental Conservation, and WHEREAS, Lawrence M. & Lois V. Stone have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Lake George Waste Water Manual as set forth in Table B-2, such standards providing as follows: TABLE B-2 MINIMUM SEPARATION DISTANCES (ft.) SEPTIC TANK ABSORPTION SEEP AGE SEWER FIELDS PITS LINE Lake George 200' and WHEREAS, Lawrence M. & Lois V. Stone have indicated a desire to place the absorption field 160' from the Lake George shoreline, rather than placing it at the mandated 200' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 27th, 1993, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Lawrence M. & Lois V. Stone to place the absorption field 160' from the Lake George shoreline, rather than placing it at the mandated 200' distance, on property situated on Bean Road, Kattskill Bay, Town of Queensbury, New York, and bearing Tax Map No.: Section 151, Block 1, Lot 1, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 515A, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Queensbury Town Board. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None ATTORNEY MATTERS Attorney Dusek-Spoke to the Board regarding the Volunteer Ambulance Workers Service Award Program. Stated he is trying to put this together to put on the ballot. There are two ways to get it on the ballot. The first would be a local law, or secondly not to do a local law. Explained that the local law was used with the Volunteer Firefighters for two reasons. One is there were questions that needed to be resolved in the program that were not resolved under the law. The second was that the Town Board was authorized to Administer that law in terms of handling the funds investing the funds. The Volunteer Ambulance Workers Service Award Program has changed a lot of things that were done under the Volunteer Fire Service Awards Program. One of the changes is that any of the Town's seeking to implement this will not handle the funds. All of the funds under the program will go to the State Comptroller's Office. The Town Board taxes, receives, sends the money on to the State Comptroller's Office. Initially the local law becomes simpler because you can eliminate a lot of it. The current State Law provides that the State Comptroller's Office will promulgate regulations to run their part of the program. The State Comptroller's Office has notified me that their regulations are not yet ready and probably won't be ready until January 1st, which is passed the November 2nd voting date. Noted it makes it difficult to draft a law to cover this particular program because we don't want our law to conflict with the State Comptroller's Regulations. Recommended to the Board to proceed to still attempt to set up the program, but set it up by resolution which authorizes a proposition, which proposition would provide for certain things. One aspect of it is what the amount of the Service Award Program will be, which was noted that you want it the same as the fireman's, which is $400.00. The payment of the cost to run the program by the State Comptroller's Office would still come out of the funds paid into the program for each fireman. The second part there is a by- back provision under the program for five years. This leads to a slight problem because the law says, there will be sufficient funds paid to the State Comptroller's Office each year, but it doesn't say whether you can amortize or not amortize over time the payments. Noted the figures do not look that bad, but there is another problem. Bay Ridge Volunteer Fire Company used to have Volunteer Fire and Rescue Squad combined and they splintered off into a separate group. In terms of working this out the law provides that you have to allow any of the fireman who are currently under the service awards program if they are also in a separate ambulance company you have to allow them the right to earn credit under that. Recommended not to do the local law format at this time because of the number of conflicts between the two programs that exist. Also, recommended to see if information needed could be gathered this week to put on the agenda for the next regular meeting. Attorney Dusek and Connie Goedert to work together on this. Attorney Dusek-Spoke to the Board regarding memo received September 9th, 1993 from Paul Naylor, regarding Assembly Point Road. Noted there was a petition or letter that came to the Town on Assembly Point Road with concerns about conditions of the road. Noted that another memo was sent from Paul Naylor, Highway Superintendent requesting the Town Board contract with an engineering firm to give some help on Assembly Point Road at their earliest convenience. COMMUNICATIONS Deputy Town Clerk O'Brien-Read the following letter into the record. Letter dated September 13, 1993 To: Supervisor and Town Board Members Dear Mike and Town Board Members: In years gone by Torrington Contractors have by obligation provided 20,000 yards for sand for road sanding, that contract is now finished and I was under the impression as Highway Superintendent I am responsible for the sanding of the Highways. My concern is that by you're intervening in my process of setting up the screen in preparation for sanding, you are jeopardizing my highways, and therefore making the responsibility of any accidents, or hazard of the highways totally on your shoulders. This is to put you on notice Mr. Brandt, as Supervisor of the Town of Queensbury , that this Department has no sand for the up coming winter months and I personally as Highway Superintendent have the responsibility of the safety of the motoring public. They will not have sufficient abrasives on the roads for their traveling safety. I am advising you as today that if we do not make sand in the pit that we have been asked to do and you told Mr. Coughlin that you and the Board would make the decision as of today, and you do not let us proceed then there will be unsafe Highways. Let me remind you that I have provided you with quotes and prices from contractors and what it would cost for the making of sand to be contracted out and you also have been provided with what it would cost me and my crew to the job and the figures show we can do it much cheeper. Again, the intervention of your office is creating unsafe highways for this winter and holding up the winter preparation of sand. I would like to start the screen and begin our winter preparation without anymore intervention. Respectfully, Paul H. Naylor Highway Superintendent DISCUSSION HELD Supervisor Brandt-I tried to call Paul Naylor about that letter this afternoon and didn't return my call. I met Mr. Naylor in August at the landfill and I brought up the question of processing sand in preparation of the roads. At that time in the presence of Jim Coughlin he told me that he intended to start that operation in October or November, I told him that was pretty late to start. I also wrote him a memo suggesting that we look into other screen rentals to see what's available, to make sure that screens are available and to reserve so we can get this work done. I've since then entered into a discussion with Mr. Mclaughin who owns property adjacent to it to investigate whether we could do something else together with Mr. Mclaughin to end up getting a lot more material out of our mine by doing a joint operation. An enormous amount of information is needed to make a reasonable decision on that. I asked the surveyor if he would resurvey the property line between us and Mclaughlin and make a calculation of how much material could be gleaned out of there. If we entered into some kind of mutually benefit, beneficial arrangement with Mr. Mclaughlin and that's in preparation to try to bring it to you as a Town Board to make decisions. Without any question time is running out and without any questions, I've seen snow fall here in Glens Falls in October in plowable amounts, it's not very common, but it happens, I think we have to prepare for it. In fact, at five o'clock we we're suppose to start out first meeting and at five o'clock Leon Steves was here with the first look at the calculation of how much gravel could be obtained through mining the material that's on our joint property line. I don't have a bottom line figured because there are still more calculations that need to be obtained. We had to find out what the law was on the mining of gravel near a landfill and we found that out and we can continue the calculation. As it stands right now...are basically out of material that we can mine under our current mining permit and under the current law. If we modify that, I know we can find at least 150,000 thousand yards of material there and we may have far more than that, but we won't know that until sometime tomorrow. With that all said, I've read Mr. Naylor's letter and I'm a little bit appalled at it, but, that's fine. I have no problem with going ahead and renting a screen. This morning, I got a call from the landfill and Mr. Naylor was asking to move the screen we have in order to start screening sand. The screen we have we know is a high enough capacity to do the job so to spend a lot of time moving that screen is an act towards failure as far as I'm concerned. I suggested that he pause and wait until today when we could take this up as a Town Board and discuss it further. I assumed that Mr. Steves would have the figures for us today then he wrote that letter. I did try and calculate the figures he gave us in April and tried to understand them, I think I came up with if you rent a screen, there is a screen available and it's a high capacity screen it should be able to do all of the screening we need to do inside of about three weeks of steady use. If you rent it by the month, I think it's $5,700 or there about certainly there is money in the equipment fund to do it. We we're looking at buying a screen so we could rent a screen. I have no problem with renting a high capacity screen and going in there and making our sand. In the past our sand has been made by outside contractors, I would suggest that maybe tonight we authorize the rental of a high capacity screen for that. I think to move the make shift screen we've got over there is the wrong answer, totally the wrong answer. I was exploring in another matter the possibility if we had enough gravel that would be made available by a change in the mining permit and a change in the way we're operating with our neighbor, Mr. Mclaughlin that we might have enough gravel to attract someone to come in and do all our screening in exchange for surplus gravel. That's why we we're attempting to learn how much gravel we really have in the operation. We don't know that figure yet there are contractors that would like to do that. One of them has talked to Mr. Mclaughlin and he has talked to us. We would have to go to bid if we did that, Paul and I have been discussing this. But, if time is running out perhaps the right thing to do is rent a high capacity screen and get our sand screened. I think we're all concerned that it be done and done on time and be ready for sanding our roads so, I'll put it out to the Board. He is certainly generous in giving me blame in his letter. I don't think that I have that kind of authority and I don't think that I've done anything to interfere whatsoever in this process. I think what I've tried to do is steer it in the direction to be cost effective, to steer it in the direction of getting it done in time for winter. I think his characterization in the letter is totally incorrect, but that is right to write whatever he wants to. Councilman Caimano-Put a resolution on the table to rent the screen and let's get on with it. Supervisor Brandt-I'll make that resolution. That we authorize the rental of a screen as per one of his letters, I think its from Contractor Sales, its a large machine. By the way, I'm the guy who called him and found out it was available and that it wouldn't be available in the late fall. But, I would like to put that resolution together, how do we do it? The following resolution was passed. RESOLUTION AUTHORIZING RENTAL OF SCREEN HIGHWAY DEPARTMENT RESOLUTION NO. 516,93 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 of the rental ofa large capacity screen from a source that shall be determined by the Town Highway Superintendent that meets his requirements and that accomplishes the purpose of generating sand for snow and ice control to be paid for from the appropriate highway equipment account. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: Mr. Tucker Absent:None Councilman Tucker-The reason I'm voting no is the Highway Superintendent should take better care of material under his jurisdiction. DISCUSSION HELD Councilman Monahan-I seem to have a problem. I think we're getting into an awful lot of this impinging in the area of the Highway Superintendent, second guessing him all the while. He is the person that the voters put in charge of, put there to keep these highways in condition. We did it again when we hired an engineer without consulting with him, I just have a little problem with the way this is going. I think we could do a lot better by bringing Paul in right off the bat, consulting with him, sitting down and having a meeting of the minds then everybody going off on tangents. I just think cooperation is better than adversarial. Supervisor Brandt-I totally agree with you. I think that it's high time for a meeting with Paul on whatever the subjects are. We've got a problem on Peggy Ann Road, it's a problem we've worked hard to solve. It doesn't seem to be moving very rapidly there seems to be some turf fighting there. I think we need to discuss it, I think we need to find an answer. We're here to serve the public and not to fight amongst ourselves. On the other hand, I also feel we've got to be cost effective and I'm certainly going to fight for cost effective answers. Councilman Monahan-I agree with you cost effectiveness, but I still say that a person that knows the job don't second guess them on the way they do the job. Councilman Tucker-Can I comment? Supervisor Brandt -Yes. Councilman Tucker-Gee Betty, it's sure a big turn around. I sat out front there were these people were sitting and for four years that's all you did do. Councilman Monahan-It depends on what type of thing your talking about. Councilman Tucker-Oh yea, it depends on who is doing it. Councilman Monahan-No. It depends on the type of subject your talking about. I'll fight with Paul at budget time, I won't fight with him over safety or how to do his job or lay a road or pave a road. Supervisor Brandt-We got into this Peggy Ann problem because Mr. Naylor hired someone to look at a design. The design was made and brought to us and we all looked at it and said, gee it looks all right to us, none of us are highway people. Then after we got into building it bang we got a PCB problem. It comes to my information that this Town knew about that PCB problem. It came to my information that Mr. Naylor knew about it and danm well didn't want to work on the shoulders because of the PCB problem. Now, here we are right into it and he wants to blame us for it and he doesn't really want us to hire an engineer to solve the problem. We've taken action to hire an engineer, we have already taken four samples to measures PCB's. I've authorized today ten more samples because we've got to know what we're doing. I don't think that's a turf fight, I think it's just prudent administration of a Town. If we're going to design a system we've got to have information and we've got to do it in a timely manner. I think we're trying to do that and if he doesn't think so we meet every Monday he can come and talk to us. It isn't just Mike Brandt, the Supervisor because the Board has all the power, I don't have it. He can come and talk to the Board any time he wants, too. He can do it by letter any time he wants, too. Instead there is a constant turf fight as to who has what rights. I remember another one. We we're talking about paving and his impression was that he had the total right to pave anything he wanted to. When we looked into the law clearly the law said there had to be an agreement between the Town Board and the Highway Superintendent. We refused to pay the bills until that happen and by golly it did happen didn't it. We solved the problem and it went very well for everybody concerned. I think maybe we need to have good frank and earnest discussion right to the bone. I'd be all for it and I suggest that we set up a special meeting at his convenience whenever you guys can arrange it. We will try to set it up and I'll ask Barbara to set it up as soon as possible. DISCUSSION HELD - ASSESSOR Councilman Goetz-Questioned the equalization rate whether it could be challenge at the State level? Helen Otte, Assessor-Yes. Noted she has already started the process of challenging the rate for next year. This year we have a final rate already set has gone into the calculation of school tax rates in Lake George, Glens Falls, Hudson Falls. Queensbury School District isn't affected by an equalization rate due to its a Union Free School District, no other Towns pay into the Queensbury School District. In order to equalize assessments in other school districts an equalization rate is set by New York State measuring a ratio of appraised value to assessed value to equalize practices in the individual Towns. Have received information regarding a hundred properties which they will use to set the rate. The State will appraise the hundred properties. Has already commented on all of the inventory and the assessment information that the State has picked up from the rolls. As well as commenting on sales information that they have. Noted she has prepared a written report to New York State, the next step is New York State will set a tentative equalization rate at which point can challenge the actual rate and review of all the appraisals with them and in the Spring a final rate is set. Supervisor Brandt-Questioned how many complaints were received regarding the reval? Ms. Otte-Received a lot of phone calls since the school tax bills went out, noted it is the result of three things not just the reval, it is the assessed values, equalization rates and school budgets. Many cases the increases are due solely to the increase to the school budget, noted they would of had the same increase had there been no reval. New owners that are caught in this can come into the Assessor Office (currently working on 1994 roll) to review their assessment. Have asked people to call in October and November to set up appointments to talk about assessments problems. Supervisor Brandt -Questioned the possibility of having a reval done on a County basis? Ms. Otte-Noted in many States most of these functions are handled on a County level. Have had a number of discussions regarding County wide assessing, noted she sees a lot of efficiency regarding this. There are 12,000 parcels in the Town of Queensbury and approximately 1,000 grievances. There are about 90 small claims hearing scheduled and 55 Article Ts, 15 are by one property owner and the balance is the larger chain stores. Councilman Monahan-Questioned if the Mike Swan from the County has spoken to her regarding a system where the County would take over what the State has been doing? Ms. Otte-Noted that it is similar to what they have been talking about. Mr. DeMars-Noted he feels that the Town Board should challenge the Schools budget. Attorney Dusek-Noted that the Board has no control or authority over Queensbury School District. Mr. Adamson-Questioned if the Assessor is going to challenge the special equalization rate that Queensbury received after the evaluation? Ms. Otte-Noted that Lake George had challenged their latest final rate. There is no challenge to a special equalization rate which is issued for a Town completing a revaluation. The only challenge comes the following year when you challenge the tentative rate that set. Mr. Adamson-Questioned what process did Lake George use to end up with money off their tax roll? Questioned why the revaluation process failed? Ms. Otte-Noted that the Lake George residents are paying a higher amount this year even after the reval. Has presently requested the Freedom ofInformation reports where the Town of Lake George reported into the School District the diminished assessment role by eight million dollars. At the same time frame had an increase in the equalization rate which further widen it between Queensbury and Lake George. Has not received any answer on what has happened in the Town of Lake George. Supervisor Brandt-Questioned if this could legally be challenged? Ms. Otte-Depending on what is found out. Councilman Monahan-Asked Ms. Otte to explained what she meant by currency. Ms. Otte- The State presents their survey of appraising properties in Queensbury as of January 1 st, 1992. Then they compare these appraisals to Queensbury's 1989 assessment role which has all of the problems in it which promoted the reval. The Town that does a reval doesn't get credit for the newly adjusted assessments until three or four years later. Councilman Goetz-Questioned why this information did not come out earlier. Ms. Otte-It did. Stated they really need to do more as far as the legislator's. It is a regulation change they need to change their regulation. Supervisor Brandt-Requested Ms. Otte to prepare a resolution to send on to the representatives of the State Government asking them to force a change. Councilman Monahan-Also, noted that the County should endorse this resolution. Mr. Adamson-Questioned the Certified School District where the elements of a cross municipality each have their assessment the same year. If done right you can avoid the division of equalization assessment. Ms. Otte-Has not been involved in this, but has heard a lot about it, willing to work with anyone that wants to pursue this. Mr. Karl Kroetz-Has written to the Board of Equalization and Assessment and asked him the same question. Explained that since 1988 Lake George has increased their assessment by twenty eight million each year. It has not only increased this year by twenty eight million they took off eight million. Noted the Town of Fort Edward, and Town of Bolton protested their equalization rate and dropped their assessment. Noted that it has now reached an all time low. We pay forty six percent of the total school tax levy this year, Lake George dropped to forty percent. It used to be even and every year it drops a little bit more. Queensbury is at an all time high for paying forty six percent of the total school tax levy, Lake George is at an all time low. Since 1987, Lake George has always had more assessment than the Town of Queensbury. this should mean that they should pay more of the school taxes. Lake George has a sixteen percent higher equalization rate than Queensbury. Stated that we cannot change the damage that has been done by the unfair equalization rate, but Ms. Otte can fight the people that set the equalization rate. Stated with the revaluation would of had the same results as far as the school taxes whether we had the reval or not. This has to be done and fought through the channels down in Albany. Have suffered six years with not having a reval. Handed to Board members statistical analysis on what has happened with the Town of Queensbury how they have suffered for the past six years because of the very poor assessment that was done in 1987. The State had the right to look at and say, this is why we're going to keep lowering your equalization rate. If we didn't have the revaluation this year we would have never stood a chance to get what we should have gotten from the State. Stated it is wrong to say we made a mistake and have a reval this is why you didn't reappoint Harold LaRose. This is why we got a new assessor to get a new revaluation. Noted through the help of our assessor and Town Board you can have them look at the new assessment. Councilman Monahan-Commended Mr. Kroetz and Bill Weatherbee for their work done on the document presented to the Board. Ms. Otte-Spoke to the Board regarding the money spent on the revaluation. Attended a meeting in Saratoga regarding equalization rates. Spoke to the Director of the State Board of Equalization and Assessment regarding the sixteen point difference between Queensbury and Lake George, noting that Queensbury has done a good assessment. Noted the Director stated it is a New York State Agency problem. Stated this is the time to challenge the entire procedure that New York State uses. Believes the Assessor and School Districts can make a difference into forcing change which needs to come about in the equalization rate. Supervisor Brandt-It was the decision of the Town Board to have Ms. Otte help the Town Board with a resolution. Mr. Martin-Spoke to the Board regarding a Planning Workshop Session on Role and Functions of Planning Boards. Noted the County has scheduled a meeting for October 26th, 1993 at 7:00 p.m., in Dearlove Hall, Adirondack Community College. Councilman Goetz-Spoke to Mike Shaw, Director of Wastewater, regarding setting the Quaker Road Sewer District Benefit Tax Rate. Questioned why it was not on the agenda? Attorney Dusek-Noted he advised Mr. Shaw that he should wait a week while he attempted to see if you can get the Wal-Mart sewer into the package. Legal research has been done awaiting further facts on Wal- Mart. Supervisor Brandt-Noted he gave Board members the job description for the Director of Public Facilities, noted it has been rewritten to read Public Utilities. Stated it is a set of propose specifications for the job for the head of this department. Spoke to the Board regarding a phone call from he received from Tom Jenkins at the County regarding Adirondack Manor Home. Noted they have to have a plan in place in case of an emergency evacuation. Would like to use the Senior Center as their evacuation place, noting they would like to work out a agreement between the Town. It was the decision of the Town Board to have them send the contract to Attorney Dusek for further consideration. Councilman Goetz-Spoke to the Board regarding memo received from Tom Flaherty, Superintendent of Water Department requesting to attend a meeting on September 21st, through the 24th. It was the decision of the Town Board to authorize attendance at meeting. Supervisor Brandt-Spoke to the Board regarding the numbering system of the Town. Noted they are moving in the direction of changing addresses. There was a thought to standardize a reflective numbering system that would go on mailboxes, two sides of the mailbox so that emergency services would be looking for them. Has checked into them and found that there are suppliers that would supply them as low as nineteen cents per number. Questioned the Board whether they want to buy the numbers and give them out, noting it would cost the Town about $7,000 to $8,000 to do that? It was the decision of the Town Board to make them available to the residents of the Town and let the residents pay for them. OPEN FORUM Mr. Salvador-Questioned the resolution that was on the agenda regarding the Park Commission Wastewater Regulations, noting he thought it was on the agenda for passing it. Attorney Dusek-Questioned if the Board has made a determination that they do not want to amend the agreement? Supervisor Brandt-Noted he doesn't think anyone has thought about it further then the discussion that has already taken place. Councilman Monahan-Noted she is awaiting feedback from the residents of that area. Councilman Caimano-Certainly willing to listen to what happens out of the first Ward. Mr. Salvador-Noted that Mr. Borgos was going to save the Town money this was his reason for entering into the agreement to save the residents of North Queensbury the inspection fee charge because he had the staff to do it. Noted that there is a Park Commission Meeting on Wednesday of this week. Everett Voorhis-Questioned the Board if the screening plant is going to out to bid? Supervisor Brandt-Noted it is a rental. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 517,93 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 approves the Abstract appearing on September 13th, 1993 and numbering 93325900 through 93351100 and totaling $347,237,43 is hereby approved. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Abstain: Mr. Caimano Vendor #000127 RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 518,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss attorneylclient privilege. Duly adopted this 13th day of September, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury