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1993-11-15 TOWN BOARD MEETING NOVEMBER 151993 7:00 p.m. MTG.#82 RES. 651-664 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Town Attorney Paul Dusek Pledge of Allegiance led by Councilman Monahan Supervisor Brandt -Opened the Meeting PUBLIC HEARING REZONING-SEELEY Supervisor Brandt-The first item on our agenda tonight is a public hearing, once again there is a technical error in the advertisement on this public hearing, apparently we sent a copy to the newspaper and apparently when it got typed set it is missing a critical part, therefore we really technically can't go on with the process until it is properly legally advertised. So, in talking to the principal here it seems like it would make sense to re-advertise it and re-hold it or schedule it for a hearing on what the 29th. The 29th is the first available day to do that and so I think the appropriate thing is to not hold this public hearing and advertise again for the 29th. I am sorry that, that happen but it was not in our control. RESOLUTION SETTING A PUBLIC HEARING DATE RESOLUTION NO. 651.93 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 schedules a Public Hearing for a proposed rezoning for Charles and Barbara Seeley on November 29th, 1993 at 7:00 P.M. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None PUBLIC HEARING MOBILE HOME APPLICATION- TIMOTHY AND MARION MCKINNEY NOTICE SHOWN Supervisor Brandt-This is a mobile home application of McKinney, that has been properly advertised. Town Clerk Dougher-Yes. Supervisor Brandt-I will declare that hearing open. Is there anyone here that would like to speak on that, now is your chance. Mr. Paul Broome-My name is Paul Broome, I am representing the McKinney's, that I am here with. What this is, is just a replacement of a older mobile home that they have with a new 1994 model, double wide that they have purchased from us. It seems as though there are some problems with that particular area with the zoning so that is why we are here in front of you. Supervisor Brandt-Is there anyone here to comment on this? Or questions? Councilman Goetz-I have a question on the map, there is an outline of a proposed home? Is that the one you are talking about, the double wide? Mr. Broome-Yes, Maam. Councilman Goetz-In place of the mobile home that is there. Mr. Broome-Yes. Maam. Councilman Monahan-So you will be setting that back further from the property line than what it is now. Mr. Broome-We will be setting back further away from it, try to get more in line with the rest of the neighborhood. It seems as though that particular street there is not in that, I believe you all call it an MR-5 or something like this. So, when it requires a 30' set back we are trying to get in line with at least those restrictions, and balance it in the neighborhood as well. Supervisor Brandt-Is there anyone who came here to speak on this? Questions here? Councilman Monahan-I think, Mike, it is very important that they already have one there and what they are putting on is an upgrade of what they already have and it is a newer model and I think that will benefit not only them but it will benefit the neighborhood. Mr. Broome-Very much so. Supervisor Brandt-Anyone else have any input? I am going to declare the public hearing closed. RESOLUTION APPROVING APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR TIMOTHY AND MARION MC KINNEY RESOLUTION NO.: 652.93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Timothy and Marion McKinney have previously filed an application for a "Mobile Home Outside a Mobile Home Court" Permit, in accordance with subparagraph 2, paragraph 13, of ~ 113- 12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at Box 123, Minnesota Avenue, Queensbury, New York, and WHEREAS, subparagraph 2, paragraph 13, of ~1l3-12 of the Code of the Town of Queensbury, requires the Town Board of the Town of Queensbury to hold a public hearing before granting said permit, and a public hearing was held on November 15, 1993, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the application of Timothy and Marion McKinney is satisfactory, and BE IT FURTHER, RESOLVED, pursuant to subparagraph 2, paragraph 13, of ~1l3-12 of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk of the Town of Queensbury to grant a revocable permit to locate a mobile home outside a mobile home court, allowing Timothy and Marion McKinney to place a mobile home on property located at Box 123, Minnesota Avenue, Queensbury, New York. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 653.93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Queensbury Town Board hereby moves into the Queensbury Board of Health. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Braandt NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH Supervisor Brandt-As the Board of Health we have four public hearings scheduled. PUBLIC HEARING SEWAGE DISPOSAL VARIANCE OF ALICE M. CORRIGAN NOTICE SHOWN Supervisor Brandt-Is there someone here to speak on that? All these have been properly advertised? Town Clerk Dougher-Yes they have. Supervisor Brandt -Ok. So, I will declare the public hearing open. Unknown-You have the application in front of you we are trying to put in a new septic service. Councilman Tucker-Would you give your name for the record? Mr. Tom Corrigan-Tom Corrigan Mr. David Hatin-Basically it is the best alternative that we can come up with given the situation there is limited property out there, we do have a well within fifty feet, Mr. Corrigan has got a sign off from the neighbor Mr. Dineen, agreeing to place that system within fifty feet of his well, with the understanding that the Corrigans would replace his well should they contaminate it. I believe you have that in the file also. This is the most suitable system we could come up with given the site conditions. Supervisor Brandt-Any questions here from the Board? It is a public hearing, so, is there anyone here from the public that would like to speak on this? Any other questions from the Board? Anyone from the public? Closed the public hearing. Councilman Monahan-I think, Paul needs to put a couple of clauses in this resolution. One holding the Town harmless as far as any pollution and two that the applicant has agreed to drill a well for Mr. Dineen. First it should show that Peter Dineen has released the Town of Queensbury from any liabilities on the plumbing and septic system and he knows that this system is going in less than the 100' required feet from his land his well. Also that the applicant has agreed to drill a well for him. This has to become our reasons we can approve this I think. Attorney Dusek-Exactly what you just said in those two sections of what you said on the in the record on the first part about the 100' from the well and also the drilling of the well...add a first Resolved clause, that the Town Board acknowledges and also considers as part of its determination to grant this variance that, then I would put in exactly what Betty just stated. ... Councilman Monahan-The adjoining property owner who owns that well is agreeing and also the applicant will drill a new well for the adjoining property owner is necessary. Councilman Tucker-Doesn't this application for this sewage disposal variance become part of this resolution? Doesn't it become part of the record? Attorney Dusek-It is part of the record but it is not part of your resolution of approval. Councilman Caimano-My question is in answer to Betty's first question C under the resolved clause on page 2 indicates that the local board of health imposes a condition upon the application that she mush also secure the approval ofN.Y. State Dept. of Health doesn't that automatically absolve us since we are not the last word? Attorney Dusek-Maybe I should ask a question here, from what I was picking up I thought that the items were not us but rather the fact that Mr. Dineen... Councilman Monahan-The impact on the adjourning property owner because we are letting this go less than the 100' from his well then our ordinance requires. Councilman Caimano- I see, ok. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR ALICE M. CORRIGAN RESOLUTION NO.: 48.93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Alice M. Corrigan previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically that requiring that there be a 100 foot separation between an absorption field and well or suction line and a 10' separation between the absorption field and the property line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on November 15, 1993, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that the Town Board acknowledges and also considers as part of its determination to grant this variance that: 1. Mr. Dineen is holding the Town harmless as far as any pollution, from a system less than the required 100 feet from Mr. Dineen's well. 2. The applicant agreed to drill a well for the adjoining property owner if necessary. and be it further RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that she must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Alice M. Corrigan, allowing the placement of the absorption field 58' from a neighbor's well and 5' from the property line, rather than placing it at the mandated 100' and 10' distances, respectively, on property situated on Chestnut Road, Glen Lake, Queensbury, New York, and bearing Tax Map #: Section 39, Block 1, Lot 16. Duly adopted this 15th day of November, 1993, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None PUBLIC HEARING SEWER VARIANCE - WILLIAM AND MARGARET SULLIVAN NOTICE SHOWN Supervisor Brandt-The next public hearing is another sewage disposal variance is Sullivans is someone here to represent them? Mr. Gene Christian-My name is Gene Christian, I am an engineer and I am responsible for the design that you have before you tonight and I represent the Sullivans in this case for a variance. If I call your attention please to sheet three of three, the variance that we seek is the set back distance for the septic tank in actuality it is going to be about 65' which is on the application for the variance which does not meet the Lake George Park Commission set back of 100'. You will notice that we are replacing an old rather large cesspool with a rather elaborate but very adequate sewage disposal system on site sewage disposal system. We can meet all specifications except this one. It would be an extreme difficulty to move the septic tank from where it is without moving the house, so based on that, our request is that you grant us a variance to place the septic tank at a set back distance from the lake of 65'. Did I state that clearly to you? I have been working with Dave closely on this. Supervisor Brandt-It is a public hearing are there any questions or anybody want to give us any input from the public? Unknown-Where is the liquid going? Supervisor Brandt -Come on right up and put ourself on the record so the legal record we like to have. Mr. Frank Lockhart-I am Frank Lockhart, the adjoining property owner I was wondering where the liquids were going out of this thing? Mr. Christian-Ok, Mr. Lockhart if I may. His existing cesspool is right here (used map) it is a big concrete affair you have seen it there. I am going.. Mr. Lockhart -Stone, layed up well. Mr. Christian-That is right, I am going to remove that we are going to put in a 1,500 gallon tank let that outflow into a pump tank and then we are going to go back up the hill into Mr. Lockhart-...that answers my question, where is it going, it is going up in there where they got this demolition piled up. Mr. Christian-Yea, that is right, that is where they dug the test hole, that is correct. Mr. Lockhart-That is all I wanted to know... Supervisor Brandt-Is that an acceptable answer? Mr. Lockhart-Yes, very good. They all should be that way. Supervisor Brandt-Thank you. Is there anyone else that would like to speak at the public hearing? Any questions? I am going to close the public hearing. Councilman Monahan-Paul, I will introduce this with a couple of modifications in this one, and that is we specify as the plans show all toilets to be 1.5 gallon per flush all shower heads and domestic faucets restricted to 3 gpm. Attorney Dusek-That one I would recommend that it go underneath the C. on page 2. Where it says the local board imposes a condition upon the applicant and then I would just say and the following further conditions and itemize one and two the two that Betty named. Councilman Caimano- I have just a question, Gene, what you are saying there is that if you went with the 100' you would essentially go a little north west and you would be underneath that deck of that cottage is that what you are saying? Mr. Christian-Yea, you would not go up that far, I do not have go another 35', Nick, but, there are only two solutions to doing that. Move the house which obviously can't be done or number two you would have to pump raw sewerage up hill to a septic tank which means your going to put in a sewage pump tank and a grinder pump and a raw sewage force main. Now, the weakest link in a chain of that ain't the septic tank, it is the pump the tank and the force main and last of all the septic tank. You are far better off having a sealed concrete tank at 65' than having all this other paraphernalia going up hill. Councilman Caimano-Ok. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR WILLIAM & MARGARET SULLIVAN RESOLUTION NO.: 49. 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, William & Margaret Sullivan previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a 100 foot separation between the septic tank Lake George, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on November 15, 1993, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and the following further conditions: 1. As the plans show all toilets to be 1.5 gallon per flush 2. All shower heads and domestic faucets restricted to 3 gpm. BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to William and Margaret Sullivan, allowing the placement of the septic tank 65' from Lake George, rather than placing it at the mandated 100' distance, on property situated on Route 9L, Plum Point, Town of Queensbury, New York, and bearing Tax Map No.: Section 1, Block 1, Lot 15. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None PUBLIC HEARING SEWER VARIANCE JAMIE HAYES - ADIRONDACK COFFEE NOTICE SHOWN Supervisor Brandt-The next public hearing is on Jamie Hayes application is someone here on that? I am going to declare the public hearing open. Mr. Tom Nace-For the record my name is Tom Nace, with Haanen Engineering representing Adirondack Coffee, we were before you last month looking for a variance for the septic field being less than 20' away from the foundation. As it turned out when we dug up what we thought was the existing tank to inspect it, it turned out to be an old cesspool and we had to put in a new tank. Now the only location available for that was about three feet away from the existing foundation, which is less than your required ten feet. Now, there is not an occupied basement in that structure it is a half crawl space half dug out basement simply for mechanical heating system and what have you. So, there is not the liability involved if you have a tank that close, plus it will be a seamless tank. I do not believe that there is any real issue other than the regulation. Supervisor Brandt-How do you view it? Mr. Dave Hatin- The tank has already been installed with conditions they receive this variance. It is the best alternative you have got it is a very tight site. Unfortunately there is no public sewer there otherwise that would have been the answer, that is the only other answer really here. So, that is the reason for the two variances and as Tom stated we did not know we had a problem until we went to dig up the tank and they found out that it wasn't, no cesspool that is what created the problem. So, that is why we are back. Supervisor Brandt -Ok. It is a public hearing is there anyone from the public that would like to speak on this? Any other questions or input here? Councilman Monahan-Mike I do not see this on the plans but I would suggest again that we require the 1.6 gallon toilets and water saving devices for this, well there is a proposed rest room I do not know whether the water services is going to be there? Mr. Nace-Fine it is all new construction, remodeled new construction and that is the only thing available now days you can buy anyway. Supervisor Brandt-Alright. Public Hearing Closed. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR JAMIE HAYES C/O ADIRONDACK COFFEE SERVICE, INC. RESOLUTION NO.: 50, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Jamie Hayes c/o Adirondack Coffee Service, Inc. previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a 10 foot separation between the septic tank and the dwelling, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on November 15, 1993, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and the following further conditions: 1. require the 1.6 gallon toilet and water saving devices BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Jamie Hayes c/o Adirondack Coffee Service, Inc., allowing the placement of the septic tank 3' from the dwelling, rather than placing it at the mandated 10' distance, on property situated on 4 S. Western Avenue, Town of Queensbury, New York, and bearing Tax Map No.: Section 117, Block 11, Lot 4. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None PUBLIC HEARING SEWER VARIANCE CAROL FREIHOFER NOTICE SHOWN Supervisor Brandt-The next public hearing is Carol Freihofer is there someone here to speak on that? Mr. John Matthews-My name is John Matthews I am the builder. As you can see by the plot plan what we have here is a very tight situation. Failing septic system the only solution on site is a holding tank which can be pumped out. Supervisor Brandt-This is a public hearing, is there anyone here that would like to speak on this? Come on right up. Ms. Peggy Alexy-My name is Peggy Alexy, I live next door and I have not seen the plans, you have them. I am not sure where this is going? (Mr. Matthews reviewed the plans with Ms. Alexy) Ms. Peggy Alexy-Well that was my question, I just wanted to know where it was going, and why it has to be moved over the five feet. Mr. Matthews-The only reason that it's as close as it is to the line is there really is no other spot on the point and what we tried to do is find the spot that was the furthest from the lake in any direction and still meet the required setback from the house which is ten feet, supposedly ten feet from any building not including the car port. Ms. Peggy Alexy-You call this a holding tank? Mr. Matthews-Be a concrete seamless tank ... Councilman Caimano-Is it alarmed? Mr. Matthews-It will be alarmed, fully alarmed he already has the new water saver toilets and devices in the house? It will be equipped with all the bells and whistles. Supervisor Brandt -Ok. Is that acceptable do you have further comment on it? Ms. Alexy-No, I have one question and it may not relate to this its just that I had had a notice about a sewer system and I did not go to the meeting, is it not going to happen? Supervisor Brandt-You are talking about a sewer a total sewer system? Ms. Alexy-Yes. Supervisor Brandt-It is going to be a long time if it does happen, I suspect. I do not see that happening in the near future. Ms. Alexy-Thank you. Supervisor Brandt-Is there anyone else who would like to speak on this? Councilman Monahan-Mr. Matthews just a technical question, and I do not know much about this. Why is the pump chamber 14' from the lake and the holding tank is 43', 55? Mr. Matthews-The existing septic tank right now is where that pump chamber is so in order to get the effluent and solids and waste materials from the house into the holding tank without putting the holding tank 8' deep in the ground is to have a pump chamber there and move it up to it. Councilman Monahan-Thank you. Supervisor Brandt-Anyone else who would like to speak on this, I am going to declare that public hearing closed. All the stipulations on water saving devices, but that is State law anyhow, right. Councilman Monahan-Apparently they are already in from what Mr. Matthews said. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR CAROL FREIHOFER RESOLUTION NO.: 51, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Carol Freihofer previously filed a request for variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 10 foot separation between the septic tank and the property line, and a 50 foot separation between Lake George and the septic tank, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on November 15, 1993, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Carol Freihofer, allowing the placement of the septic tank 5' from the property line, rather than placing it at the mandated 10' distance, and allowing the placement of the septic tank 43' from the Lake George Shoreline, rather than placing it at the mandated 50' distance, on property situated on Ripley Point, Lake George, Town of Queensbury, New York, and bearing Tax Map No.: Section 14, Block 2, Lot 1. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 52, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queenbury hereby adjourns as the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO. 654. 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board Minutes of September 7th, 20th and 27th of 1993 and October 13th, 20th and 26th of 1993 be and hereby are approved. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING COLLECTIONS MANAGEMENT POLICY RESOLUTION NO.: 655, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has been presented with a written Collections Management Policy, which Policy includes guidelines for the acquisition, preservation, and disposition of items and materials as may be acquired through research finds, gifts, donations, or loans by interested persons in the community to the Town of Queensbury, and WHEREAS, the Collections Management Policy has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Collections Management Policy as a fair and accurate representation of the Town's current policy with regard to items and materials that may be acquired through research finds, gifts, donations, or loans by interested persons in the community, and further directs and authorizes the Town Historian to proceed in accordance with the aforesaid Collections Management Policy and also authorizes and directs that a copy of the same shall be maintained by the Town Clerk of the Town of Queensbury as part of the permanent records of the Town. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 656.93 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: ASSESSOR: FROM: TO: AMOUNT: 01-1355-4410 (Gasoline) 01-1355-1002 (Misc. Payroll) $ 2,500.00 01-1355-4410 (Gasoline) 01-1355-4400 (Misc. Contractual) 150.00 01-1355-4410 (Gasoline) 01-1355-1730 (Asst. to the Assessor) 400.00 CEMETERY: FROM: TO: AMOUNT: 02-8810-4400 02-8810-4230 $ 300.00 (Misc. Cont.) (Purchase of Water) COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-3620-2001 01-8010-2001 $ 707.00 (Misc. Equipment) (Misc. Equipment) 01-8020-1002 01-8010-1002 2,670.00 (Misc. Payroll) (Misc. Payroll) 01-8020-4080 01-8010-4080 1,700.00 (Advertising) (Advertising) 01-8010-4030 01-8010-4090 100.00 (Postage) (Conf. Expense) 01-8010-4100 01-8010-4090 70.00 (Telephone Use) (Conf. Expense) WATER DEPARTMENT: FROM: TO: AMOUNT: 40-8340-1460 40-8320-1520 $ 13,000.00 (Mechanic) (Plant Operator I) 40-8330-1400 40-8320-1971 3,423.00 (Laborer A) (Operator Trainee) 40-8340-1560 40-8340-1570 18,000.00 (Maintenance Man I) (Maintenance Man II) and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 15th day of November, 1993, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION APPROVING INDEPENDENT ELECTRICAL INSPECTION AGENCY, INC., AS ELECTRICAL INSPECTOR RESOLUTION NO.: 657.93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87 entitled, the "Electrical Law of the Town of Queensbury," and further amended the same at the time the Code of the Town of Queensbury was adopted (Chapter 80 - Electrical Standards), and WHEREAS, Chapter 80 of the Code of the Town of Queensbury sets forth certain criteria for businesses and/or individuals to perform electrical inspections in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that Independent Electrical Inspection Agency, Inc., meets the criteria to perform electrical inspections for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that Independent Electrical Inspection Agency, Inc., is hereby authorized to make electrical inspections within the Town of Queensbury, subject to compliance with the standards set forth in Chapter 80 of the Code of the Town of Queensbury. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Mr. David Hatin-I have no problem with the Board accepting their application and approving it, as I have said before, we really do not know until the people are on the job, doing the job how they are going to work out, the qualifications seem acceptable. Unknown-(from Independent Electrical Insp.) I want to work with the board we have a fellow right locally ... vote taken RESOLUTION APPROVING MICHAEL P. KRATKY AS ELECTRICAL INSPECTOR FOR MIDDLE DEPARTMENT INSPECTION AGENCY, INC. AN APPROVED ELECTRICAL INSPECTOR RESOLUTION NO.: 658.93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87 entitled, the "Electrical Law of the Town of Queensbury," and further amended the same at the time the Code of the Town of Queensbury was adopted (Chapter 80 - Electrical Standards), and WHEREAS, Chapter 80 of the Code of the Town of Queensbury sets forth certain criteria for businesses and/or individuals to perform electrical inspections in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously determined that Middle Department Inspection Agency, Inc., met the criteria to perform electrical inspections for the Town of Queensbury, and WHEREAS, Mr. Michael P. Kratky now works for Middle Department Inspection Agency, Inc., and it is necessary to appoint him as an inspector for said approved company, NOW, THEREFORE, BE IT RESOLVED, that Mr. Michael P. Kratky is hereby authorized to make electrical inspections within the Town of Queensbury for Middle Department Inspection Agency, Inc., subject to compliance with the standards set forth in Chapter 80 of the Code of the Town of Queensbury. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None Discussion held-Mr. David Hatin-His resume seems adequate to meet the normal qualifications. vote taken Discussion re: Res. authorizing Supervisor to sign agreement with Worksite Sponsor Agency...Attorney Dusek-An agreement where the Dept. of Social Services furnishes people for work at the Town at no cost basis to perform various jobs that they can get experience and the Town gets a service. Noted that we did have this back a couple of years ago. The Town has not used this service for some time now... Supervisor Brandt -Suggested that this not be considered unless there is a need for it. RESOLUTION TO ACCEPT BID FOR SODA ASH FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 659. 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for soda ash, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Town of Queensbury received a total of three bids in connection with the aforementioned advertisement, including one bid submitted by Van Water & Rogers, which bid, however, was faxed to the Town offices and not received by the Town Clerk in a sealed envelope as required by the specifications, and WHEREAS, although Van Water & Rogers was the low bidder, Thomas K. Flaherty, Water Superintendent has recommended that the bid be awarded to the Surpass Chemical Company Brothers, the second lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the bid submitted by Van Water & Rogers is unacceptable due to the fact that it was not sealed as required by law, and further due to the fact that the Town Board of the Town of Queensbury also feels that it would be inappropriate to waive the non-compliance with the bidding specifications since the secretive nature of the bidding process is an important element, the said process helps to maintain confidence and integrity, and waiving such sealing would establish a poor precedent, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for soda ash to Surpass Chemical Company Brothers as the second lowest responsible bidder, and BE IT FURTHER, RESOLVED, that said item be paid for from the appropriate Water Department Account. Duly adopted this 15th day of November, 1993, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Attorney Dusek-Noted there was one bid that came in by way of fax which I am advising you although it was the low bid, I am advising you to disregard because it was not a sealed bid as required by the specifications or is required by the law and therefore the Board may want to take a look at this resolution and make sure you agree with the language if you do not like anything you are free to change it. Supervisor Brandt-If something comes across as a fax why is that not considered a sealed bid? Did is come on the day of bid opening? Attorney Dusek-It came on the day of bid opening it came into the office fax machines but it was not presented to the Clerk as a sealed bid as everyone elses bid was required to be. Sealed would mean inside of an envelope, sealed so it cannot be visible until the time that it is open by the Clerk. Councilman Monahan-Normally our bids have a clause in them that says that the Town Board has a right to waive any informality. Attorney Dusek-In this particular case the General Municipal Law though itself has, this is not a waiver of your own specs this is a requirement of the General Municipal Law, it actually says sealed in the law. Councilman Caimano-How much is the difference between VanWaters and Rogers Bid and the next lowest bid? Mr. Thomas Flaherty-I believe it was in the neighborhood of a penny. Councilman Tucker-Tom, these people have bid this before? They know what the...Mr. Flaherty-They certainly do, Yes. Councilman Caimano-Soda Ash is Soda Ash. Mr. Flaherty-No it is not, ...there is a difference in the carbon makeup that has an effect on the disinfection by products between the two bids. Councilman Monahan-Which meets your requirements? Mr. Flaherty-The one we recommended. vote taken Discussion held on Landfill C&D fee... Supervisor Brandt-I think it would make sense at this point to raise the charges at the landfill on construction and demolition debris from $4.50 to $9.00 a yard. We are getting more material than we need or can legally handle so I think it makes sense to raise prices back up and as long as we are restricted anyhow and see how it flows. I would offer such a resolution. Attorney Dusek- The only question I have in my mind, Mike and unfortunately I was just told about this late in the afternoon myself and between then and now I just thought of another concern where we are locked in by our agreements with the other towns by any particular number. Supervisor Brandt-Requested that the Attorney research this... Next Town Board Meeting will be Thursday November 18, 1993 at 4:00 P.M. Supervisor's Conference Room Councilman Caimano-requested that the Town Attorney check out if the budget isn't passed on the 20th if we have to Monday... ATTORNEY MATTERS 1. Cable T. V. re: regulation of Cable T. V. Copied an article to the Town Board as far as the options available on Cable T. V. and also indicating the date that is proposed by which you must make your choice, December 31 st. ... of the three options that are presented I have not done a lot of investigation into this whole process except to know that the regulatory aspect itself is complicated, as far as to regulate or not to regulate or to ask the State Commission I do not have a whole lot of information but I do notice that there is a toll free line available to ask for further advice...Councilman Ciamano-I do not want to give up the total responsibility outside of this governing....in the talk of the town article that was given to us number three says you can decide not to regulate fees, rates, which I would recommend reserving the right to do so at a later date should it seem appropriate. I think that is the best course of action. ...I do not want to set rates I just want an oversite responsibility at the local level. Attorney Dusek-Should I pursue an avenue of trying to put together whatever it is you need to exercise that option....agreed to by the Board. 2. Warren Washington Industrial Development Agency address this issue of tax breaks.. spoke on old local law that has been on the books since 1977...the law is based on a section of the real property tax law which no longer exists except for certain businesses that would continue to retain certain benefits if they were in the hopper at the time the law was repealed and also it relies on the commerce law which also does not exist but has been transferred basically in substance to the Economic Development Law of the State of New York and the short of it is I am very concerned that this law that we have on our books is really no longer valid and would be something of concern to me to use. My recommendation to the Board as far as this particular law goes is to if you would entertain a repealing of that local law. I do not feel it has a bearing on the Warren Washington Industrial Development Agency criteria that is before you that's a different situation in terms of what their proposals are to have standard form tax agreements as I understand it and they are looking for input from the communities as to whether you like their ideas or do not like their ideas. Councilman Monahan-I think that we should repeal it and clean up our own ordinance book. Supervisor Brandt-We do need a policy for the Town as to how we treat industry that comes here as far as tax breaks or if we want to give tax breaks and it should be uniform and it should be defined and I think it is time that the Town Board addresses that, get some input from the QEDC and anybody else that wants to give input, while we repeal this and clean it from the books we ought to replace it with a policy. Attorney Dusek-The repealing is a one liner, the policy part of it, the policy that is being considered by the agency would be the one that the Board would want to have input on because that is the one that ultimately they come back to you and say this is the proposal as you know for the Industrial Development Agency if they fund this thing they are exempt from taxes they propose to pay x number of dollars so it seems to me that this is a good opportunity to set forth your views which could start by way of looking at what they are proposing if you do not like it or you do like it a letter could be drafted over to them which letter could also start to serve as the basis of what the Town Board does. Supervisor Brandt-I think we should ask the new board to also give us input on what they think should be done. It is an important policy matter it is going to effect how we handle industry here and should be reflective of their views as well. I would like to ask for that input from them. Would you prepare a repeal of this and we will start the process. DISCUSSIONS APPLE HOUSE LANE DRAINAGE REPORT Mr. Tom Nacy- Haanen Eng. - (letter on file dated November 15, 1993 re: Town of Queensbury Drainage Projects Haanen File 45013) 1. Ponding on Luzerne Road adjacent to Homestead Village Trailer Park - The recommended solution is to replace the dry wells and extend a perforated under drain pipe out approximately 75' from each dry well. Sketches of solution have ben provided to the Highway Department and it is my understanding that the replacement has already been completed. 2. Applehouse Lane Drainage Problems - Recommend that the Town replace section of pipe adjacent to Mr. Oleski's house with solid drainage pipe. Noted that a drainage system designed to intercept the surface drainage and lower and the naturally high groundwater table in this area would be extremely expensive. 3. Hidden Hills Drainage Outlet - recommend C. It is possible to extend the existing drainage system north along Hidden Hills Drive to an outlet in the existing ditch line along the Northway adjacent to Dixon Road. This would require the installation of approximately 1,500' of drainage pipe along Hidden Hills Drive, however, it would also permit the positive drainage of this section of road. This alternative also has the advantage of requiring only minimal review by DOT. We have estimated the cost of this alternative at approximately $23,000. Discussion held regarding retention pond..Mr. Nace noted that the flow through the pipe would be stopped.... Supervisor Brandt-Requested Mr. Naylor's input to look at the proposals...Mr. Naylor-Noted the plan does make sense...we are talking about ground water in the area, maybe an under drain could be put in along side of the regular drain pipe... OPEN FORUM Mr. Tim Oleski-Applehouse lane-Questioned Mr. Nace, recommending a larger pipe all the way along my property out the back or just a larger pipe up front? Mr. Nace-I said we would take a look at the size and see what the down stream capacity is. Mr. Oleski-Questioned what the next step is? Supervisor Brandt-The next step is money, a proposed budget and an allocation of money to do it. Mr. Nace-Noted he will get pipe sizes and depths/slopes to Paul Naylor so he can figure out a budget from there. Councilman Monahan-Questioned if this would be a drainage district? Supervisor Brandt-I think you would have to if you are doing more than what we have to do, if we are causing the problem we have to solve it, beyond that we do not have to do much. Mr. Oleski-Questioned the time frame, we are looking at winter coming up on us and a change of Board Members. How much longer, when will the work be done and who is going to do it, will we have cooperation? Councilman Caimano- They are sitting here now. Supervisor Brandt-My feeling is that you will get cooperation, I think the Attorney defined what he thought was the potential of where we might have exposure where we had some responsibility I think that has been defined as to this idea of us charging the surcharging the ground area around your house and I think that is a fairly simple answer, we know the answer and I think we got a responsibility to address that. Mr. Olseki-requested a copy ofMr. Nace's recommendation. Mr. Nace-Noted that he would see that Mr. Oleski receives a copy. Mr. Jim Martin- Good evening, my name is Jim Martin, I am a Labor Relations Specialist with CSEA and there are several topics that I would like to discuss with you tonight if I could. The first of which is the up coming budget. To date and as I understand it the budget is supposed to be in place by November 20th. To date we are unsure as to what the impact of this budget is going to mean to CSEA employees. Your employees our members and what we would like to do tonight is try to get a sense from the Board representatives is state exactly what individuals, what departments might be impacted and to have an opportunity to discuss the impact of those decisions. That is number one on our agenda. Supervisor Brandt -As you know I told you what my budget said as of a few weeks ago, which was I am going off the top of my head but there was a potential of a lost job in the building and grounds department and I believe there were two MEO's and I think that was it, if I remember right. The other jobs were budgeted but unfilled and so we just took them out of the budget at that time. Now, we have got to shake it down from there and work it out. Mr. Martin-The numbers as we understood them a couple of weeks ago I believe it was two MEO's but there was some thoughts that one of the MEO's might be retiring, in fact after we checked that out, that is not the case, that individual is not going to be retiring. So, that amounts to two MEO's as we understand it in the Highway Dept. There was a principal account clerk I believe in the I am not sure what department, field inspector engineer tech. what office would that be in? Supervisor Brandt-You are talking Water Dept. Mr. Martin-Is that the water, ok. Councilman Monahan-That was not a loss so you just put him in a different area. Supervisor Brandt-Yes, that was not a lost job. Mr. Martin-That is not a lost job, ok. Well, I guess that is what I am asking the numbers again, the rumors were anywhere from three to eight and what we are trying to firm up is exactly who would be impacted. The numbers that you gave us last week would amount to two possibly three individuals. Does that stand right now? Supervisor Brandt-That is where it stands today, until Thursday. Councilman Caimano-I do not think we can give you a, that kind of an answer until Thursday. Mr. Martin-We cannot get an answer until Thursday? Councilman Caimano-I do not think so, I may be wrong, what do you think Mike? Supervisor Brandt-I feel that way, it is very difficult to, we have got a lot of issues to iron out and yet to be done and we're just starting a dialogue with Mr. Champagne tomorrow morning to start that dialogue and see what we can work out. Mr. Martin-In consideration of that our intent obviously to be here is to lobby that there, obviously we are self interest group we are going to ask that no layoffs be considered and that you take serious consideration into attriting any tentative or possible reduction in forces. We ask that you carefully consider that. There is another question as it relates to the landfill. Is the landfill in fact targeted to abolition and if that is the case we have a number of people there that obviously would be impacted. I wonder if I could get a sense for what the outcome of the landfill is going to be? Supervisor Brandt-Our problem is that ifDEC will make that decision no Town Board will make that decision all we can do is lobby the Department of Conservation and ask them for whatever we asked them for but we are under orders to close that landfill and as far as I know to the best of my knowledge we are going to close it on January 1st. However we would stay open with transfer station as the budget is right now three days a week at each transfer station and that has a minimum impact on the number of people. There is a major issue when you close that out or if you close that operation out you know, what happens to the people there because it is a separate division, separate department and we do have departmental layoffs so technically as I understand it is that, we're to lose jobs they would be gone even though they may have high seniority. I think that ought to be addressed because I do not think that is in the best interest of the Town or the Union. Mr. Martin-We have discussed the issue as it relates to contract language on seniority and that is something that we do need to discuss what we would like to prevent obviously is that we do not get there in the first place. That the layoffs do not occur. Those men as I understand it are all qualified to do other work they could easily be put into the Highway Dept. and function in the capacity there. Once again that is obviously that is going to be in our position is that in the event that there is an abolition of those jobs that they become a part of the Highway Dept. and that the positions be attrited based on retirements, resignations and whatever other means that the work force is reduced. That is obviously our position. The other issue that I would like to talk about if I could is cameras that are currently located in the Highway Dept. Garage, my understanding is the cameras were put in sometime in 1991. As a result from, as a result of some alleged theft that occurred at that time. I recently became aware of the cameras and I would appeal to your good judgement that they outlived themselves, there is no good reason for those cameras to be there at this point. They have not served a purpose as far as what they were intended for I do not believe that the issue is still alive I just do not see the use of them. There are three cameras they are located in areas that we feel are intrusive once again they are not used for what they were intended. There is also reports that those cameras are equipped with audio devices. Obviously if that is the case they certainly are not intended to stop theft. For the lack of a better word you can not use anything other than spying on people if that is what they are actually, if they are equipped with audio equipment. If there is a good reason for that I would like to know what it is. Once again I would appeal to your good judgement to lobby that those cameras be removed. We are exploring any and all alternatives that we may have based on the length of time that they have been there to take some type of action if we need to. We do not want to get to that point. Supervisor Brandt -Certainly I stated on the record my views on this subject it is my understanding that those cameras have audio capabilities I do not know that for a fact. That came to me through the company that, second hand through the company that installed them. I find, I think they are wrong I do not believe that they are serving the purpose but that is up to the Board. Mr. Martin-If! could just go back one second to the layoffs and I will let you go. I am hearing the date of the budget will have some real figures? Councilman Caimano-We have to. Councilman Monahan-But, that will still depend on as far as the landfill DEC does I mean, this budget just because the figures are one way or the another does not mean that is going to be cast in concrete. Councilman Caimano- W e will have some numbers for them as opposed.. Councilman Monahan-But they are not necessarily cast in concrete. Mr. Martin-I understand and you certainly can understand that the apprehension of anybody who might be targeted there is no question about that. They are on pins and needles and they are waiting for something to happen. There is some relief in knowing that the number as not as high as we initially thought they were going to be but that still does not get us down to the brass tacks if there is going to be anybody at all for that matter. I want to share a comment with you if I can and appeal to your sensitivities. I listened, I was out a couple of weeks ago and the men were talking about the loss of jobs and what the impact might be. And one of the guys standing next to me he made a simple statement he said you know I am so tired of not knowing what is going to happen. All I want to do is feed my kids. A simple statement but there is an awful lot to be said all he wants to do is feed those kids. The kids are going to get fed you know it and I know it, he wants to do it through a job. That is what he is looking for. Thank you for your time. Mr. John Salvadore-Questioned that earlier in the meeting during a variance the Board stipulated that they were to be held harmless, questioned how this can be done? Attorney Dusek-This was offered to the Town. It was not a question of the Town being able to do that as much as it was an individual made an offer and I do not see why the Town would turn down an offer like that. It is a gift to the Town which is legal, the Town Board can accept it. Mr. Salvadore-Questioned why we specify water saving devices in a variance request that results in a holding tank? Supervisor Brandt-We didn't in that one, it is self evident. Mr. Salvadore-What is a collection management policy and what does an Historian have to do with it? Questioned if the Town was aware that there is a move in Washington to create an endangered category called Historical sites? Supervisor Brandt-That has nothing to do with the policy...the policy is for historical material being brought up into the custody of the Town. Mrs. VanDyke-Town Historian-Reviewed the policy.. .we had no policy regarding the acquisition of any types of objects what so ever that might come into the history dept. of the Town. It is important that we have procedures in place so that we can properly accept them, record them, thank the people that give them to us any of the normal procedures that you would follow. I needed this policy very badly so that we were not doing things in an incorrect manner, so that we were doing it in a logical structured necessary fashion. Mr. Salvadore-re: contract with the Warren Washington Regional Economic Corp. Why hasn't the QEDC done this work? Supervisor Brandt-That was a decision that grew with several governments, to form a Warren Washington Co. Development Corp. which was done and is funded by all the various governments involved. Mr. Salvadore-My concern is that this contract is repugnant to the State Constitution, this contract authorizes the expenditure of public funds for private purposes and that is prohibited. Supervisor Brandt-Noted that this was reviewed by our Attorney and he felt differently than you do he advised us that the contract as written would stand up in court. Mr. Salvadore-The contract is for this fiscal year 1993 you did not enter into the contract until sometime in August, there are oversight provisions in this contract I presume that because you wrote this for the fiscal year 1993, the $25,000 amount is covering work that they did prior to the execution of the contract itself. Attorney Dusek- Noted the Supervisor is on the Board of Directors and monitors whether the thing is productive ... two, the agreement has safety provisions it to provides for reports and accounting to make sure the town is getting the benefit of the agreement. Mr. Salvadore-Noted that he understood that the Sept. 15th payment has been made, reviewed the contract, questioned if a report has been submitted? Attorney Dusek-There is a further clause that gives a forgiveness in terms that if the first payment and the report is not tied in, the second payment will not be made until the report is furnished and dates are given for compliance of the other tasks...noted conference open to businesses in the area, that is anticipated for December 1 st... . Mr. Salvadore-Questioned if there is a public budget on Thursday coming? Councilman Caimano- There is a public workshop. Mr. Salvadore-What is the status of the Town's wastewater agreement with the Lake George Park Commission. Supervisor Brandt-The last it was discussed we were offered by the Lake George Park Commission an inspection service for us at $6500. per year and I believe it was put in the budget. They would do the work for us. Mr. Salvadore-Don't you have staff to do that sort of thing? Executive Director Martin-No. Mr. Salvadore-Why didn't that enter into an environmental review of how much this was going to cost and that you couldn't afford it, why do we have to listen now that we do not have staff capability, money to do inspection of their regulations? You are taking the taxpayer who lives in So, Qsby. or someplace else other than No. Qsby. and you are using their money to finance No.Qsbys. supposed necessary sewer inspections. The people who benefit should pay the freight. Attorney Dusek-That is an option that the Town has not yet agreed to... Supervisor Brandt-We have funded it so it can be done if the Board wants to do it. Mr. Salvadore-Asked that the agreement be subject to an environmental review. Re: C&D raising the rates...will effect the local people...why raise the rates? Supervisor Brandt-We need the income. Mr. Salvadore-Questioned why we don't hit the other towns in this county that are a part of the consolidation program? Supervisor Brandt-They will all be at the same rates. Mr. Salvadore-Why don't we get a host community benefit? Supervisor Brandt-We did not put the agreement together, that is the agreement we are given... Mr. Salvadore-The rate increase can favor the citizens of Queensbury. What is the Board doing about putting into motion the Local Law you passed a couple weeks ago concerning the consolidation of the water dept. into a department of public works. Supervisor Brandt-That is really a discussion we are going to have tomorrow morning.... Mr. Salvadore-I do not think repealing that law is in the best interest of the Town, I hope that law was put into place because it resulted in some economy. Questioned if the meeting was open? Supervisor Brandt-The meeting is between Mr. Champagne and myself. Mr. Salvadore-Re: Fire Company... Noted that So. Qsby. serves the Warren County Airport...Warren County Airport does not pay property taxes or fire taxes, why not? If it was a private airport they would paying taxes...why don't they have their own fire department? RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 660, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Audit of Bills as appears on Abstract dated November 15, 1993 and numbered 3422101-3444104 and totaling $188,033.56 be and hereby is approved. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mrs. Monahan Vendor #002341 Mr. Caimano Vendor 00127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 661.93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss one item of personnel and four items of litigation. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 662.93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board hereby adjourns its Executive Session and moves back into Regular Session. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION REGARDING DEFENSE OF ACTION - BARRY CONVERSE AND ROBERTA CONVERSE RESOLUTION NO. 663.93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing and directing the Town Attorney to defend the action of Barry Converse and Roberta A. Converse against the Town of Queensbury NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the defense of the aforesaid action and further authorizes the Town Supervisor to execute and answer if one should be necessary in the case and further authorizes the Town Attorney to take other and further action as he may deem appropriate and necessary in defense of the action. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO ADJOURN MEETING RESOLUTION NO. 664.93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 15th day of November, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury