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1994-01-17 TOWN BOARD MEETING JANUARY 17,1994 7:00 P.M. MTG.#4 RES.36-56 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman R. George Wiswall D.V.M. Councilman Nick Caimano Councilman Carol Pulver Town Attorney Paul Dusek PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Champagne-Opened the Meeting Introduced the Warren County Supervisors that were present at the meeting-Mr. Ronald Montesi and Mr. Daniel Morrell County Supervisor Ronald Montesi spoke to the Town Board-listed the committees he will be on for Warren County-Airport, Community College, County Officers, D.P.W., Chairman of the County Facilities, Health Service Committee, Insurance, Legislative Committee, Parks and Recreation, Sheriffs- Communication, and Tourism, also assigned to Members to Represent Warren County in the Glens Falls Urban Area Transportation Council, and Warren County Sewer Commission Dist. 1...Thanked the Board for the opportunity to speak ... Councilman Monahan-Noted that Mr. James Martin is also a member of the G.F. Urban Area Transportation Council County Supervisor Daniel Morrell-Addressed the Town Board-presented a list to the Town Board of his committees...noted he is on seven committees...spoke on the Tourism and Industrial promotion...noted that if there is anything that comes up I think we have a good working team here get in touch with anyone of us and so far it has been working very well...thanked the Board for the opportunity to speak. Councilman Monahan-Noted in the past years the Tourism and Industrial Committee has forgotten the word industrial promotion do you see any hope that perhaps they will start to put a little energy in that direction? County Supervisor Morrell-Noted he had spent a day with Katie Johnson and the impression I got was all tourism...willlook into that... Supervisor Champagne-County Supervisor's Betty Little and Lloyd Demboski are not able to be with us tonight.. .listed committees.. . Little/Champagne on Airport Committee, Demboski -Vice Chair of the Budget Committee, Champagne-Chairperson Community College Committee, Little-Data Processing, Champagne- Federal Programs, Demboski-Finance and Personnel and Insurance Committee, Little/Champagne-Lake George Affairs Committee, Little-Mental Health, Champagne-Real Property Tax Service Committee, DemboskilLittle Residential Hall, Champagne-Sheriffs and Communication Committee, ChampagneILittle-Solid Waste and Recycling RESOLUTIONS RESOLUTION APPROVING TOWN BOARD MINUTES RESOLUTION NO. 36, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, the Town Board Minutes of January 1, 1994 be and hereby are approved. Duly a this 17th day of January, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SYSTEMS FOR PURCHASE OF SOFTWARE & SERVICES FOR COMPUTERIZED GEOGRAPHIC INFORMATION SYSTEM (G.I.S.) RESOLUTION NO.: 37, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of entering into an agreement with Business Automation Systems for the purchase of necessary software and services to develop a computerized Geographic Information System (G.I.S.), and WHEREAS, the Director of Accounting Services has advised that the G.I.S.module from Business Automation Systems is an integral part of the overall Town-wide information system already in place from Business Automation Systems and therefore, it would be unnecessary to obtain proposals from other suppliers, and WHEREAS, the Director of Accounting Services also advises that the purchase of the G.I.S. software module from Business Automation Services is not subject to competitive bidding, because it comprises a "professional service" involving "special or technical skill," the use of "professional judgment," and a "high degree of creativity," said criteria being listed in the OSC Financial Management Guide, subsection 8.0060, p. 12, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the necessary software and services from Business Automation Systems for a G.I.S. at a cost not to exceed $19,800.00 without further approval, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury, a contract to be in a form approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that the cost of the services is not to exceed $19,800.00 without further approval, and that no bidding is required under law and that in this particular case, alternative quotes are not practical, and BE IT FURTHER, RESOLVED, that this proposal shall be paid for from the 1994 Data Processing Budget. Duly adopted this 17th day of January, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION TO REAPPOINT DIRECTORS OF THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION Resolution No. 38, 94 Introduced by Mr. Nick Caimano who moved its adoption Seconded by Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has caused to be created the Queensbury Economic Development Corporation, and WHEREAS, the Town Board of the Town of Queensbury has the authority to appoint Directors of the not- for-profit corporation, and WHEREAS, the By-Laws of the Queensbury Economic Development Corporation state that appointments of Directors are for a one year term, and WHEREAS, the period of the term is from January 1 to December 31, NOW, THEREFORE, BE IT RESOLVED, that the following persons are hereby appointed to serve on the Queensbury Economic Development Corporation for the calendar year 1994: Mr. Dean Beckos Mr. John Cushing Mr. Nicholas Caimano Mrs. Carol Pulver Mr. Fred Champagne - Ex Officio Member (not a voting member) Mr. Ernest Dienst Mr. James Martin Mr. Joseph DeMeo Duly adopted this 17th day of January, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION CONCERNING ETHICS BOARD AND ETHICS ADVISORY COUNCIL RESOLUTION NO. 39, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, authorization has previously been given and budgetary appropriations set aside for the retention of counsel to serve the Ethics Advisory Council and/or Ethics Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds any authorization previously given to the Advisory Councilor Ethics Board to retain counsel at the expense of the Town of Queensbury and hereby provides that no further funds shall be spent on such services until further authorization of this Board is received, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to communicate, in writing, to both the Ethics Advisory Council and Ethics Board that their authorization to expend funds for the payment of counsel fees has been rescinded and that counsel should not be retained at the expense of the Town of Queensbury until such matter is further addressed by the Town Board. Duly adopted this 17th day of January, 1994, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES : None ABSENT: None Discussion held-Councilman Caimano-Just a word of explanation we had been approached by the Advisory Council in the last board because of the newness they had asked us to spend some money to hire a counsel to explain the law as it applied and we approved $800. as it turns out the Ethics Advisory Council and the Ethics Advisory Board both began to use the Attorney far more than our Planning Boards and our ZBA's and anything else and we wanted to roll back to what we originally had intended the law to be. (vote taken) RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 40, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne Discussion held-Councilman Monahan-questioned the invoice for travel time... Councilman Caimano and Supervisor withdrew their motion awaiting further explanation RESOLUTION TO APPOINT TOWN HEALTH OFFICER Resolution No. 40, 94 Introduced by Mr. Fred Champagne who moved its adoption Seconded by Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Dr. Robert Evans to the position of Town Health Officer for the Town of Queensbury, at an annual salary of $7,500.00. Duly adopted this 17th day of January, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held -Supervisor Champagne-Noted he had called Dr. Evans and reviewed his position, felt very satisfied that for the $7,500. it was reasonable..(vote taken) RESOLUTION TO RESCIND THAT PORTION OF RESOLUTION NO. 19, 1994 PERTAINING TO SCHOOL CROSSING GUARD WAGES RESOLUTION NO.: 41,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Pulver WHEREAS, the Town Board of the Town of Queensbury previously established wage rates for School Crossing Guards by Resolution No. 19, 1994 and the School Crossing Guards wages were also referred to in the salary resolution, which was adopted the same day, by Resolution No. 22, 1994, NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 19, 1994, setting the rates for School Crossing Guards is hereby amended to the extent that the rates set forth for the School Crossing Guards are amended to be the same as set forth in Resolution No. 22, 1994 shall be the applicable rates. Duly adopted this 17th day of January, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SYSTEMS FOR PURCHASE OF SOFTWARE & SERVICES FOR COMPUTERIZED BUILDING PERMIT TRACKING SYSTEM RESOLUTION NO.: 42,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of entering into an agreement with Business Automation Systems for the purchase of necessary software and services to develop a computerized building permit tracking system, and WHEREAS, the Director of Accounting Services has advised that the building permit module from Business Automation Systems is an integral part of the overall Town-wide information system already in place from Business Automation Systems and therefore, it would be unnecessary to obtain proposals from other suppliers, and WHEREAS, the Director of Accounting Services also advises that the purchase of the building permit software module from Business Automation Services is not subject to competitive bidding, because it comprises a "professional service" involving "special or technical skill," the use of "professional judgment," and a "high degree of creativity," said criteria being listed in the OSC Financial Management Guide, subsection 8.0060, p. 12, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the necessary software and services from Business Automation Systems for a building permit tracking system at a cost not to exceed $7,350.00 without further approval, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury, a contract to be in a form approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that the cost of the services is not to exceed $7,350.00 without further approval, and that no bidding is required under law and that in this particular case, alternative quotes are not practical, and BE IT FURTHER, RESOLVED, that this proposal shall be paid for from the 1994 Data Processing Budget. Duly adopted this 17th day of January, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None Discussion held before vote-Executive Director Martin-Spoke to the Board noting that this resolution and the previous resolution on the GIS will tie in together, building a data base of information regarding zoning, planning and building permits in the Town...Councilman Monahan-questioned if this would be tied into the Assessor's office? Executive Director Martin-Noted that there is one more aspect to the program I would like to see and that is to begin to build historical knowledge of each individual parcel and that would involve building and codes, planning, zoning and assessment...that is the intent... (vote taken) RESOLUTION RETAINING THE SERVICES OF HEATH CONSULTANTS, INC. TO CONDUCT THIRD PHASE OF LEAK DETECTION PROGRAM FOR ENTIRE WATER DISTRIBUTION SYSTEM RESOLUTION NO.: 43,94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, in accordance with Town Board resolution 606,92, retained the firm of Heath Consultants, Inc., to conduct the initial phase of a leak detection program covering the entire Town of Queensbury water distribution system, and the Town has since conducted a second phase in 1993, and WHEREAS, Thomas K. Flaherty, Water Superintendent, has recommended that the Town continue with the third phase of the program with Heath Consultants, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, subject to the conditions set forth in this resolution, hereby authorizes the employment of Heath Consultants, Inc., to conduct the aforesaid third phase of the leak detection program, at a cost of $165.00 per mile for 55 miles of pipe, or a total cost not to exceed $9,025.00, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute an agreement with Heath Consultants, Inc., for said leak detection program, said agreement to provide a time table to the satisfaction of the Town of Queensbury Water Department, and to be in a form and contain such other provisions to be approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to forward for processing any and all bills for services rendered, upon the receipt of properly completed vouchers, and BE IT FURTHER, RESOLVED, that the expenditures shall be paid for from the appropriate Water Department Account. Duly adopted this 17th day of January, 1994, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR LIQUID ALUM FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 44, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for liquid alum, pursuant to bid specification no. 94-1 previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Town of Queensbury received one bid in connection with the aforementioned advertisement, said bid submitted by Holland Company, Inc., and WHEREAS, Thomas K. Flaherty, Water Superintendent has recommended that the bid be awarded to Holland Company, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for liquid alum to Holland Company, Inc., as the only and lowest responsible bidder, and BE IT FURTHER, RESOLVED, that said item be paid for from the appropriate Water Department Account. Duly adopted this 17th day of January, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING THE RETAINING OF SANITARY SEWER SERVICE (DIVISION OF G. P. DRELLOS, INC.) FOR EMERGENCY CALL-IN COVERAGE RESOLUTION NO.: 45, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury finds that the Town does not employ a sewer service and that it is necessary from time to time to obtain emergency call-in coverage, and WHEREAS, the Town of Queensbury is desirous of retaining the services of Sanitary Sewer Service, and Sanitary Sewer Service is desirous of providing services to the Town of Queensbury for emergency call-in coverage for the sewer districts of the Town for the 1994 calendar year, and WHEREAS, an agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement presented at this meeting, and hereby authorizes and directs the Town Supervisor to retain the services of Sanitary Sewer Service for emergency call-in service and execute the annexed Agreement, and BE IT FURTHER, RESOLVED, that any monies due in connection with said Agreement shall be paid for from the Miscellaneous Contractual Account (Account No. 032-8120-4400). Duly adopted this 17th day of January, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote-Councilman Caimano-questioned why it was not bid out...Mr. Mike Shaw-last year only $400. was expended...Councilman Pulver-This is as needed... Supervisor Champagne-This is the for purpose ifboth employees of the sewer department or for whatever reason we need a backup this company is called in, rarely used only on occasion. (vote taken) RESOLUTION AUTHORIZING AGREEMENT WITH COST CONTROL ASSOCIATES RESOLUTION NO.: 46, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury, by previous resolution no. 416, 92, authorizing the retention of the services of Cost Control Associates for the purpose of examining utility accounts, including gas, electric, water, sewer and telephone for the Town of Queensbury to obtain refunds, rebates or reductions in amounts billed for those services, and WHEREAS, the Town Board of the Town of Queensbury desires to extend the services of Cost Control Associates with regard to refunds that the Town may receive from Niagara Mohawk Power Corporation for street light charges, and WHEREAS, a proposed Amendment # 1 to Utility Reduction Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury feels it would be appropriate to extend the services of Cost Control Associates for the purposes set forth above, and BE IT FURTHER, RESOLVED, the Town Board of the Town of Queensbury hereby determines that any monies that would be due Cost Control Associates under the proposed Amendment # 1 to Utility Reduction Agreement will be paid when refunds or credits on the bills from Niagara Mohawk Power Corporation are received by the Town and that currently budgeted funds for utility accounts would, therefore, be sufficient to pay both the amounts due Niagara Mohawk Power Corporation, as well as any payments that may be due Cost Control Associates as a result of savings it achieves pursuant to the agreement and therefore the Town Board determines it to be appropriate and hereby amends the 1994 Town Budget for the itemized funds and accounts attached hereto to indicate that the appropriations are made for payments to Niagara Mohawk Power Corporation or, in the alternative, to Cost Control Associates, and hereby further determines that the original total budgeted amount for the annexed funds and account line items shall remain the same, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Amendment # 1 to Utility Reduction Agreement with Cost Control Associates as presented at this meeting and hereby authorizes and directs the Supervisor to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that any amounts due under the Amendment #1 to Utility Reduction Agreement shall be paid from the appropriate 1994 amended town funds and accounts as set forth herein. Duly adopted this 17th day of January, 1994, by the following vote: AYES : Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES : None ABSENT: None Discussion held before vote-Councilman Caimano- This is a continuation of a program that was started two years ago whereby an outside auditing service is looking at all the utility bills and this service is paid on the basis of what he saves the Town...Attorney Dusek-Heath and I had a discussion on the contract and I indicated that I would put on the record that, to make sure that the Board also saw the contract the way I read it in terms of this amendment he is entitled to a refund according to his contract I believe it is a 50% refund on any refund we get from Niagara Mohawk Power Corp. whether that refund comes in before June 30th or after June 30th, the June 30th date is just a cut off date by which it is anticipated he will have submitted the application by. After the refund is received however he will not receive any future savings. (vote taken) RESOLUTION TO APPOINT MEMBER TO RECREATION COMMISSION RESOLUTION NO. 47, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury has previously established the Recreation Commission, and WHEREAS, the term ofMr. Jack LaBombard on said Commission, expired in December, 1993, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Mr. Jack LaBombard to serve as a member of the Recreation Commission, said term to expire in December 1998. Duly adopted this 17th day of January, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Pulver-I would like the Board to know that he is my direct next door neighbor that I have nothing to do with his appointment. (vote taken) RESOLUTION AUTHORIZING APPLICATION FOR SMALL BUSINESS ADMINISTRATION GRANT RESOLUTION NO.: 48, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury is desirous of applying for a Small Business Administration Grant, and WHEREAS, the application for the grant funds would require the Town of Queensbury to provide matching funds, and WHEREAS, the nature and purpose of the use of the moneys is generally as follows: the purchase of trees and shrubs and planting of the same, as well as maintenance thereof, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the application for the Small Business Administration Grant for the purposes stated above, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to implement the project in accordance with costs and technical proposals to be developed by the Director of Parks and Recreation in the Town of Queensbury and approved by the Town Supervisor, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby designated as the authorized representative of the Town of Queensbury, and is further authorized and directed to submit and execute an application on behalf of the Town of Queensbury, and execute and place the Town seal on any and all other papers or documents that may be necessary to be filed, and BE IT FURTHER, RESOLVED, that any moneys to be provided as matching funds by the Town of Queensbury shall be paid for from Account No.: 82-7110-2899 (Hovey Pond Account) with the total sum to be paid from said account not to exceed the sum of $5,546.75. Duly adopted this 17th day of January, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-noted this was a tree grant...Hovey Pond...(vote taken) DISCUSSION Mr. Dave Hodgson-Member of the Queensbury Environmental Advisory Committee, gave a presentation to the Town Board regarding the proposal of increasing the Bike Trails through the Town of Queensbury tieing into the Warren County Bike Trails, and Feeder Canal Project to Fort Edward...(proposal on file) Proposed two phases -Phase I West side of Northway and Phase II East side of Northway to Ridge Jenkinsville Park...Seeking Ice "T" funding, need engineering study to be done on the project to submit the exact cost of the project so that a grant can be sought through Ice "T"... estimated cost for engineering $6- 10 thousand dollars, requesting funding for such engineering work...Queensbury Recreation Commission have given a letter of recommendation to the Town Board supporting this idea... Councilman Monahan- questioned if there were any County Engineers on staff that could do this project? Mr. Hodgson-Noted that Fred Austin said that in regard to the engineering study we would be on our own...County Supervisor Montesi-reviewed the County Bike Trail, noting the purchase ofland is complete...it looks like we will end up with a paved bikeway with a bridge over Quaker Road and a walk over Bay Road.. . noted he thought that the County went out to bid on their own engineering work for this project.. . noted he would ask about the engineering help at the next DPW Committee meeting...Councilman Monahan-voiced concern about using E. Sunnyside Road, spoke about the high rate of speed, narrow, winding road...Mr. Hodgson-Spoke about getting off road traveL.. or widen shoulders of the roads or put a divider or small curb between the traffic and the bike trail itself...the next Ice "T" grant due in April... if the grant is successful we would have to come up with 20% of the total cost...questioned the DOT if they would consider trade off, land access in lieu of 20% hard currency...no decision made as of yet... Supervisor Champagne-Is that an annual grant? Executive Director Martin-These are funding rounds that are simi -annually or three times a year.. .Mr. Hodgson-This is not only a recreation trail for a commuter trail... County Supervisor Montesi-questioned if an environmental study would have to be figured in as part of the engineering study... Supervisor Champagne-we will discuss this at our workshop and decide what we will dO...Councilman Monahan-noted she was in favor of the project...Councilman Caimano-would like to see local engineers used, and noted for the record he is an employee of the paper and does not own any portion of it and there are negotiations going on between the paper and the County...regarding the bike trail.... Executive Director James Martin-Requested a schedule for taking up the land dedication of Potvin and Passarelli subdivisions...Board agreed to take this up as a workshop item next Monday night...this would just be comments to be passed back to the Planing Board and then they would decide if they would ultimately would like to accept them then it comes back to this Board for formal resolution...will have a statement of findings in a draft form for the Hudson Pointe, hand delivered to the Town Board Members- hope to have a workshop on this next Monday night. Councilman Caimano-Asked for a date to interview for the Boards... (agreed to set a date of January 24th 1994 at 4:00 P.M. in the Supervisor's Conference Room) Planning Board, Zoning Board of Appeals and Assessment Review Board... asked Town Attorney for study on Local Law regarding salary and compensation of Town Board Members asked the Board to read that and have a discussion at the next meeting...Requested a resolution to dissolve the Recreation Commission and form a Recreation Committee ...Asked the Town Attorney to come up with pros and cons on the change to be reviewed by the Board... Councilman Pulver-Hudson Falls meeting tomorrow regarding purchase of water, questioned if there has been a meeting set up with the Town of Moreau... Supervisor Champagne-no... Requested update on Mr. Harris from Mr. Martin and Mr. Dusek.. Executive Director Martin-Mr. Hatin has been by and we noted four unregistered vehicles they were told to be out by Monday, we have counted the trees that were planted as part of the Planning Board resolution, several have died, come spring I would like to have those replanted, follow up on the size also...re: pig barn, reviewed the resolution of the Planning Board and I do not know that we can hold them to actually building the barn by virtue of this resolution.... "for construction of a 20' by 40' pole barn for housing horse, chickens, cows, pigs with the following stipulations: 1. that a double row of trees minimum 6' to be planted in a staggered fashion along the line shown on the map submitted on or before Sept. 21st. 1992, Mr. Harris make every effort to minimize the odors generated by waste, vegetable matter fed to animals by storing it on the north said of the proposed barn, directly behind the barn that manure be stored at its present location shown on the plans submitted and with the spreading of manure no manure be spread any closer to the line parallelling Mr. Harris's property line abutting Pickle Hill Road and being 163' from said property line along Pickle Hill Road. That the barn door height be limited to no more than 10' and the number of live stock be limited as follows: six cows, three horses, eight pigs, one sow and litter... Councilman Pulver-Has he complied with that? Executive Director Martin-The viewing today we saw no visual sign of any animals there, we will go again, the trees are the only thing I see right now that we can come back on him on the barn I do not see where the barn the construction of it was a condition of that resolution it refers to it but I do not see as a condition of it being built, he has not built the barn...the pig pen has been put up in the site it was supposed to be but the barn was never built... Councilman Monahan-There is in our farm ordinance that animals have to be taken care of according to Cornell standards, and I do not think Cornell standards are to have pigs outside in this kind of weather... Executive Director Martin-They were not seen outside, I do not know what he has done with them... Councilman Monahan-Paul, your office has to come up with a base of what is going to be allowed there at that business so we know what is expansion and what isn't....questioned if there was a health matter, diesel fumes coming from the site into local homes... Attorney Dusek-Re: Diesel Fumes, check to see if it runs under a health nuisance of some kind along with consultation of the health officer, the other issue re: overall circumstances, the town did commence litigation against Mr. Harris, before 1988, case tried in late 1988, early 1989 and a decision was reached by the Supreme Court for the State that said that Mr. Harris can in fact do the activities he was then doing up there, which consisted of logging activities, heavy machinery, the barn was allowed to stay, and a certain number of other activities that were allowed. The neighbors took an appeal which they lost, so Mr. Harris does have certain rights to do the activities he is doing. Councilman Monahan-As long as they do not exceed 1988, where is the documentation of that base line. Attorney Dusek-We have the documentation, ....noted in 90's advised that it would not be advisable to commence another action...it has always been a situation is there sufficient activities that they are outside of what they are allowed to do by the Court order or isn't there...part of what was done this past week when Jim and I discussed it was that the letter you referred to I indicated to Jim that we needed an inspection based on the complaints, that would be the first phase, the second phase after inspection, I would meet with him and make a determination once and for all at this point whether or not the town should be pursuing any further actions with regard to the zoning questions, I will meet with him over the next week or two to make that determination and give you my opinion.... Councilman Monahan-Questioned the size of the trucks in 88, ...vs what is there now... Executive Director Martin-We will do our best to nail down a quantification and I will have that for you next meeting.... Councilman Pulver-Requested a discussion at the workshop on resolution for interest rate and payback schedule from when the Town borrows from the Water Department. Attorney Dusek - I will check the maximum interest rate .... Councilman Pulver-Requested a discussion on ground water study in the West Glens Falls area. Supervisor Champagne-We will be hearing tonight from Rist Frost... ATTORNEY MATTERS Attorney Dusek-Requested Executive session-three matters in litigation ... OPEN FORUM Mr. Matt Coffin-My name is Matt Coffin I live on Upper Ridge Road I wrote something down so I would not ramble on. I would like to address this Board on a possible problem in our area of Upper Ridge Road we realize that there was problems with the 88 zoning changes and hardly any of the people responsible are currently with the Town any longer. The 149 Corridor is currently being looked at but we have a problem on Ridge Road that we feel needed attention. It seems the land conservation zones which are critical environmental areas were very broadly zoned allowing group camps etc. which could mean several hundred people having use of a camp or chunk of land that in the same respects allows only one house per forty two acres or ten acres which ever the case may be. Woodsmen of the World is currently asking in a site plan review tomorrow night to do just such a thing. They are stating twenty five to thirty members but with some research of the group of neighbors up there, with members of Woodsmen of the World we found that there are six hundred Glens Falls Members already and a hundred members in the new lodge in the Lake George Area. From past experience we know that initial figures quoted do not have to be accurate and once they are in our Town does not seem to have enforcement over such a group. We are asking that this Board look the situation over possibly postpone the site plan review until they are able to fully examine this. If you find in favor of Woodsmen of the World this postponement will just mean a short delay for them. However if you find as we believe, it could prevent long term problems for the people in that area and the critical environmental area. Now, I made a few notes of talking to different people, Woodsmen gave Jim the impression that they were going to just have a little lodge. Am I right? Executive Director Martin-Yea. I think that they have been stating their membership at twenty five, thirty five people, something like that. Mr. Coffin-We have sense found that there is like six hundred in Glens Falls and a hundred in Lake George right now. Executive Director Martin-That is good to know. Mr. Coffin-Some of these members brought up to me, they knew of plans up there, nobody seems to know what the definite plans are. One person said that they thought that there was going to be a day care center up there, another one said a day camp, another one said a youth camp, another one said that there was going to be live country bands with dancing. Another one said baseball fields which I believe that they brought up to Jim, they brought up picnic pavilion, meeting center and RV and Camper parking for the Dunhams Bay Fish and Game, Carol got into this I think at one time, Jim too. We feel, there are a few of us here, there would have been more but the weather kind of messed us up we feel that this group camp is rather a broad term in that it should be looked at by the Town Board before anything is allowed. I think that, I am glad you just brought up the Harris situation, this is what we want to avoid up there, we do not want to be Mr. Davison and stuck with these people and have to keep coming back to the Town Board and expending a lot of legal money to try and help ourselves when possibly you people could help us out right now. Supervisor Champagne-Jim and I did have some conversation, I have to tell you that this information regarding the Woodsmen of the World came to my office via Jerry Solomon's Office so I have to tell you that it perked my ears up. So, in my conversation with Jim, basically was that if my memory serves me correctly there was some language in the code that does address that type of camp or that type of whatever it is but I think the information that you are giving to us tonight reflective of you know, up to six hundred members and I think that is the kind of information we need to sort out. Executive Director Martin-Mr. Coffin and I spoke on the phone last week because I was calling him to tell him the Planning Board Meeting tomorrow night which is now postponed there is an illness on the Board and they will not have a quorum tomorrow night, it is postponed till I think Thursday of next week the 27th so, the neighbors are notified so you do not have to come out. Councilman Monahan-It is very important that you show up to that meeting. Executive Director Martin-That is why I was calling them, because the public hearing was left open and you would not have been re-notified. They have a problem with the group camp as an allowed use under site plan, even site plan in this zone as it is now and I said well, maybe the best place for you to go to is to come to the Town Board Meeting next Monday night and express your concern because they are the legislative body empowered to change the code should they see fit. Councilman Monahan-But they would not help them with this application because the timing is not there. Executive Director Martin-Well, it has not been approved yet and it has already been tabled once. You know, I understand their concerns and I do not necessarily like being given I do not want to call it false information but you know if there are six hundred members in the Glens Falls area and we are being told twenty five it is quite a discrepancy. Councilman Monahan-Jim, that is in the AP A right? Executive Director Martin-Yes. Councilman Monahan-So are those allowable uses via the AP A I mean can we change that or no? Executive Director Martin-I think we can change it and I think you would certainly have latitude to make it more restrictive. Councilman Monahan-Would you put a copy of that site plan application in my box please? Executive Director Martin-If you want to take it up at our committee meeting next Wednesday, we can do that as well. Councilman Monahan-I would like to. Councilman Caimano- Y ou have something you want to say? Ms. Karen Sommers-My name is Karen Sommers, I live opposite...I to not know if any of the Board Members are familiar with the site for Ridge Road it is a empty barn that has been on fourteen acres that has been empty since one of the Harris's no longer had cows over there and Supervisor Champagne-Who owns the property now? Ms. Sommers-A lady by the name of Florence Murphy owns it now, ok Councilman Monahan-This was not the property that was owned by somebody in Massachusetts that Ms. Sommers-The drug dealer, yes. We can get them up there let me tell you we have the worst luck in the World. The history has been basically of no use what so ever which is probably good, my concern along with, my concern is if we cannot put a halt to this there is some, it is a critical, an environmentally critical area that has not had a study done that I am aware of in terms of endangered species, flora and fauna, wet land, it is extremely wet I know the property very well I do not know if it would be classified a bog or a wet meadow I do not know that much I can just tell you that we need to look a little bit further into the situation if we cannot stop the application of Woodsmen of the World. Councilman Monahan-Jim what kind of an environmental impact statement did they include with this application? Executive Director Martin-It has a long form with it but we have not gotten that far because there was some question as to the publication of the notice, Mrs. Sommers did not get her's until Ms. Sommers-23rd. Executive Director Martin-It was properly noticed but for some reason you did not get yours until two days after the meeting so they tabled it right on the spot and we re-notified to correct that, so it has not gotten very far we have not even started the environmental assessment yet. Councilman Monahan-Has this been checked against the DEC map for wetlands and etc.? Executive Director Martin-Yes. Councilman Caimano-Paul Dusek, what, can the Town Board request a hold on something that is before a Planning Board? Attorney Dusek-No. Councilman Caimano-Can we send a letter of concern? Attorney Dusek-Certainly you can send any kind of communication you would like to the other board as to asking it to consider anything that you would like, when you say letter of concern, I guess I do not know if I know what you would be intending to send by that? Councilman Pulver -Well, concerning the environmental issues that she has just brought up. Attorney Dusek-That I do not see any problem with. Councilman Monahan-Well, the impact if that is going to be used for that many people or saying to the Planning Board you have got to, if this is allowed you have got to put restrictions on them, they are coming in here and telling you twenty five to thirty people then you are finding out by your own research you are talking about seven hundred people you are looking at two different projects. Executive Director Martin-The other thing I was also going to say even in the worst case say, if you considered it the worst case this was approved before you had a chance to change the code should you so desire, if you do change the code after the fact this instantly becomes a non conforming use. Councilman Caimano- It is too late then. Councilman Monahan-But, it is too late. Executive Director Martin-Well, but it is far more restrictive at least... Councilman Monahan-Yea, but it still too late, I mean you have got to nail it down through the Planning Board what kind of uses they are going to allow there, just because it is an allowed use does not mean that the Planning Board has got to permit that use, if that is what the Planning Board has to realize and they do not realize that, too many times. Councilman Caimano-Everett has got something. Supervisor Champagne-Everett Mr. Everett Voorhis-Betty, at the Planning Board Meeting he described to us a parking lot for twenty five cars I spoke to the Vice President of the this Lake George area with the new hundred members and they explained to me that every member and his family will get a key once they join this and they have the key to go free any time they want to go take the kids up there. Councilman Pulver-So, if it is six hundred members there are six hundred keys. Ms. Sommers-Seven hundred members so far. Mr. Everett Voorhis-There are six hundred members from Glens Falls to Hartford and a hundred in Lake George. Councilman Pulver-And they bring their families and Councilman Monahan-When you start talking about parking RV's up there and all that kind of stuff. Mr. Everett Voorhis-I was asked to join their membership since the Planning Board. I looked at the property in 1988 and I was trying to make a house out of the barn, you know how long it has been down there, and I was told by the Planning Board that the way the building was designed you could not make a family dwelling out of it but you were capable of putting up a new home along with the two barns. But through the works, future whatever the plans were changed if you brought it up to Queensbury Code you could make something out of it but you go through the code system to change it over they do not have any idea of what they are going to do with the building how big are they going to add on to it are they going to take the top deck out? Councilman Monahan-What are they making an application for? It sounds like they are making an application for something they do not know what they are making an application for. Mr. Everett V oorhis- They are going to have a dinning hall, cafeteria, and they are only going to have a parking lot for twenty five cars, it just does not make sense from the time that the planning board last time till the time I talked to this gentlemen on the phone. Ms. Sommers-I do not think we got from the representatives of Woodsmen, we got some very straight answers. One answer was once a month meetings, then I think it was four a week Mr. Everett Voorhis-Mr. Harlicker was told four a week and at the Planning Board was once a month. Now when I talk to the Vice President over there once you join for your eight dollars a month you get a key and you go as you please. Ms. Sommers-Another question that I have not ascertained the answer to is whether or not at these meetings which are not, they would be considered probably semi public meetings, Everett gets invite, Mack gets invited, I get invited what is the purpose, they sell insurance, is is commercial activity going on ok, is there commercial activity going on at these semi public, simi private meeting and if so does that fit in to the way the land is zoned at the present time. Executive Director Martin-They do sell life insurance. Councilman Monahan-Well that makes it a commercial use of that property if you are going to start selling there. Executive Director Martin-Yep. Ms. Sommers-The invite people, we know they invite people. Councilman Caimano-First of all I think we should make it a point Jim, that we should ask, this Board should ask that a portion of these minutes, this portion of these minutes be put as a part of the record for the next time this comes up. Councilman Monahan-Jim, what was that meeting of the Planning Board, do I have the typed minutes yet? Executive Director Martin-From when this first brought up? You should have by now. Councilman Monahan-But when was it? Councilman Pulver-The 21st. The 21st of December. I think we only have up to the 15th? Executive Director Martin-It will be close if you do not have them. Councilman Monahan-If we do not have them would you have Maria get that part out for us for our meeting on Wednesday and bring us a site application. Executive Director Martin-Yes. Ms. Sommers-I have one more concern that I would Councilman Pulver-I would certainly be in favor of sending a letter to the Planning Board Councilman Monahan-Well, lets look at the application also and take that apart a little bit. Executive Director Martin-In the mean time the only thing I thought we could do was to begin looking into the idea of maybe amending the LC42 zone to remove this use. Councilman Monahan-Now wait a minute, he has got fourteen acres Ms. Sommers-Fourteen point seven I think. Councilman Monahan-Alright is that an allowed use in a forty two acre or an allowed use in a ten acre also. Executive Director Martin-It is a grandfathered lot. Councilman Monahan-I did not ask you that I asked you under our zoning is a group camp allowed in the ten acre LC or is it just allowed in the LC42? Executive Director Martin-No, it is allowed in both under site plan review. Councilman Monahan-Ten acres is not too much for group camp of any size. Ms. Sommers-The average lot size Mr. Coffin-The only thing they have to go for is site plan review this really kind of blew my mind. When I wanted to put an unheated addition on I had to go to three meetings you know and they can go some elaborate thing like this with one. Ms. Sommers-The other thing, Mrs. Monahan the average size lot in the park that is zoned LC42 is 42.7 acres and if you look at the park agency map and try to draw some logic as to why the LC zone was created if you look, superimpose Warren County and there are not many areas that are LC2 this area and further up near the lake are zoned LC42 and my guess is I tried to find out but couldn't that the logic was the swamp. Councilman Monahan-Part of that also was trade offby getting some smaller lots in there in the hamlet lots and they traded off and got the forty two acres so the over all density stayed about the same you know. Ms. Sommers-It would go up if this project happens, but as Jim mentioned if you look where our town has LC42 it runs up the Ridge and Bay Corridors it does not seem a logical proper zone if they are going to allow these uses. It is less restrictive then RR5 actually. Granted the inner part is to protect the wet in the back where the swamps are, but along the road to allow that kind of development on both major corridors to the lake. Executive Director Martin- I think you have a conflict of uses as practicality have really a lot of residential houses but yet LC42 accommodates a lot of recreational things, like group camps, a lot of timber industry, hunting, sportsmen type things. Ms. Sommers-If you look at the map it is all back, in Warren County it is up in Thurman where there are very few access roads if any that are zoned LC42 the other side of Prospect Mountain, those are a couple of the areas in the County of course the further north you go even less access, but the areas within our county that are LC42 according to the AP A have very little access. Not two main roads going up to Lake George and that sensitive basin that is behind, that starts behind that property. Councilman Monahan-I think that is one reason why it went LC42 is because of the sensitivity and then the uses in there are not sensitive uses. Ms. Sommers-That is correct and it has happened on the other side of the road. Councilman Monahan-You put parking lots in there for that many vehicles you have done another great impact on the wetland draining into Lake George again. Mr. Everett V oorhis- They said at the meeting there was not going to be any overnight and then when I talked to that person in the future they were going to have weekends and one week during the summer for the kids to stay up there. Councilman Monahan-..by any chance came in with an application that looked very sweet so that they could get in there and do whatever they wanted to does it? Mr. Everett Voorhis-It is not too swift to have a gun club across the street and Mr. Coffin-The gun club did the same thing, I am sure you remember, they came up with, well we never have over ten to maybe thirty at the most people shooting on a given weekend. Well, Ted Turner happened to be a member or up there or something and he told them they were full of bunk. Now, he seen cars parked in and out of the road but once you are told these numbers, Jim fore instance, he has to go by what they tell him, he cannot go by some figure that he just dreams up they tell him this and then they get in there then it puts the job up to the Attorney and here you go, you know, like with the Harris deal you are fighting five years later you have got a nightmare this thing created. Councilman Pulver-Well, as Betty said though just because it is an allowed use doesn't mean the Planning Board has to allow it especially if it an LC42 Acres and they have only fourteen acres I would think the Planning Board would look very hard at this and say maybe fourteen acres is not enough to have a camp or a cabin or whatever it is in that particular area. Ms. Sommers-That barn is how big Jim, I do not have Mr. Everett Voorhis-42 at least 60 Executive Director Martin-Yea, I would say that is about right. Ms. Sommers-Potential two floors, it is now a loft the inside of the barn is a loft a well built Mr. Everett Voorhis-..upstairs, the floor travels up about thirty six inches and it is boxed off, right in the middle of the floor.. Mr. Coffin-Part of this parcel ifRR5? Executive Director Martin-I thought it was split zoned as I recall. Councilman Pulver-Where are we going with this? Councilman Monahan-Well I think first you and I look at this very much in detail when we meet with Jim on Wednesday. Then maybe we will have some recommendations. Supervisor Champagne-I think we need to get something to the Planning Board indicating that the Board feels that there needs to be further research, I think we need to identify with some accuracy the seven or the six hundred member, are there any other of these kinds of camps or social facilities anywhere in the vicinity? Executive Director Martin-The Dunhams Bay Lodge is causing a lot of problems that is another one. Supervisor Champagne-Which one? Executive Director Martin-The Dunhams Fish and Game Club. I am sorry John, the Dunhams Bay Fish and Game Club, right across the street. Councilman Monahan-Nobody stays overnight there do they? Ms. Sommers-Oh, yes they do Betty. Let me tell you something, was it two days ago we had record low temperatures there were twenty eight cars there. Councilman Monahan-Over night? Ms. Sommers-The other day. No shooting. Councilman Monahan-No, I am talking about over night. Ms. Sommers-Oh, they stay over night. Councilman Monahan-They do use it as a camp? Ms. Sommers-Yes. Went before the Planning and the Zoning Board... Councilman Pulver-So, Betty if we meet the 19th, we are meeting the 19th we could give the Board here Councilman Monahan-During the workshop Councilman Pulver-On the 24th, and we would have time to get a letter to the Planning Board by their meeting. Councilman Caimano-Certainly those minutes should go as part of the record. Executive Director Martin-Yes. I already have a note on that. Supervisor Champagne-Thanked the residents for coming... Mr. John Salvadore-Questioned Attorney regarding the three items of litigation? Attorney Dusek-Assessment Cases-Article 7 Mr. Salvadore-re: Mrs. Monahan comments regarding tourism, noted that they cover this by calling tourism industry...question the letter re: Lake George Park Commission and the wastewater regulations? Supervisor Champagne-Noted he gave the letter to the Attorney, he has given the information he had, nothing has been done on it at this point. Mr. Salvadore-Lake George Park Commission will have a meeting on Wednesday at 10:00 o'clock..questioned if the Town needed any further information? Supervisor Champagne-I think we have to take it at face value and deal with it.... Mr. Salvadore-re: Town Organization-The Town needs a public heath board...similar to the Planning and Zoning Boards... Councilman Pulver-Requested that this be discussed in a workshop. Supervisor Champagne-Noted that Dr. Evans has expressed interest in the Lake George sanitary situations. .. Mr. Salvadore-Requested that an Ad hoc committee with citizens participation to do something about the run away cost of the fire protection and emergency services...requested that he be allowed to participate in it... Councilman Caimano- It has already started... Mr. Salvadore-re: Water Dist. - Questioned if an environmental impact statement was prepared on the expansion project? Councilman Caimano- Yes. Mr. Salvadore-Questioned if it was going to be reopened? To make sure that you do the right thing if you change anything? Attorney Dusek-I do not think that the Board has finished the process, on the SEQRA review on the Water Treatment Plant...the map, plan and report is necessary first so that you know what it is that you are going to study and then they would do a SEQRA review following that. Mr. Salvadore-Concerned that the Town has a proper accounting system against which to report the time for both personnel and equipment...questioned if the Qsby. Water Dept. truck that services the small water district in Assembly Point is the time for the truck and man changed to that water district? Water Supt. Flaherty-Yes. Mr. Salvadore-Questioned if the Attorney's time is charged to the various districts... Councilman Caimano- That may be a situation that needs to be tightened up... Councilman Monahan-Noted she agreed, any charges that go to a specific project should be allocated there. Mr. Salvadore-Questioned if the Audit costs are divided up? Councilman Caimano- The water district is.. . fire protection is separate... Mr. Salvadore-There is a law on the books regarding Department of Public Utilities, what are we doing to move in that direction. Supervisor Champagne-I made myself clear thorough the campaign that it is my position that rather than just looking at the water and wastewater and other three or four that Mr. Brandt had in or out that I am looking at a broad view, top to bottom and I am offering you six months study if you will to see where we are at and after six months I hope to have something there that we can begin to look at consolidation sharing of services, sharing of personnel and all that goes with that... Asked for further comments hearing none open forum closed... RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 49, 93 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Audit of Bills as listed on Abstract dated Janaury 12, 1994 and numbered 93493300 through 94024700 and totaling $513,765.48 and be it further RESOLVED, that voucher number 93-504200 was pulled from the audit for further review by the Town Board and that this is reflected in the total as stated above. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None ABSTAIN: Mr. Caimano on Vendor 127 Mrs. Monahan on Vendor 453 Discussion held before vote: Councilman Caimano-requested a report from accounting regarding mileage voucher for banking... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 50, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne (Discussion held-requested that motion be withdrawn to speak with water dept. personnel...motion withdrawn by Mr. Caimano and Mr. Champagne) DISCUSSION Water Supt. Thomas Flaherty and Deputy Water Supt. Ralph VanDusen presented to the Town Board (on file) two options regarding outside communities purchasing water from the Town of Queensbury.. . Attorney Dusek-on the two approaches one is the sale of excess water with no buy in charge, the one with buy in charge it would seem to me the only way they can most likely pay a buy in charge which I assume would be quite heafty would be a bonding on their part and the only way they are going to be able to do a bond is if they have some sort of a vested interest in the plant which means we would have to hook them in, in terms of a legal interest by way of joining to the extent of their percentage in the plant....if you were going in a joint interest in the plant you may want to consider assessing them some sort of amount for the existing operation that are there... Councilman Monahan-I would see a lease but not ownership ....Councilman Caimano-discussed the possibility of an Authority...we have the two options, this is just to open up a discussion with potential customers... Supt. Flaherty announced that he had sent a letter to Congressman Solomon a representative from his office will be setting up an appointment to discuss funding, requested that the Chairman of the Water Committee sit in on that meeting...Received from O'Brien and Gere the cost for the study, passed out to Town Board... RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 50, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss three matters of litigation for contract negotiations, and personnel matter. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 51,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from its executive session and moves back into regular session. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION ESTABLISHING POSITION AND FILLING OF POSITION RESOLUTION NO. 52.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing the position of working foreman for the Town of Queensbury and appointing Mr. Ernest Hicks to that position NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby establishes the position of working foreman and appoints Mr. Ernest Hicks to that position with the salary to be in accordance with the agreement between the Town of Queensbury and CSEA Duly adopted this 17th day of January, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSION Councilman Pulver-In 1990 the Town Board by resolution requested Rist Frost to do a drainage study at Bedford Close, there was data collected, questioned the status... Mr. Bill Levendowski-Noted when the wells were tested there were no readings...dry spring and summer...the purpose of the observation wells is to determine design parameters...we need a good wet spring to get data... Councilman Pulver-Noted that the studies were stopped without a resolution of the Board, requested that the Supervisor authorize Rist Frost to collect the rest of the data... Mr. Levendowski-Noted he had updated the proposal at Mr. Brandt's request maybe in November...noted he will pullout the proposal and update it and send it to the Supervisor... RESOLUTION REGARDING ARTICLE 7 SETTLEMENT - WHITEMAN RESOLUTION NO. 53.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, there has been an action commenced by Robert F. Whiteman and Rita P. Whiteman against Helen Otte as sole assessor in the Town of Queensbury and WHEREAS, the Town Board of the Town of Queensbury has reviewed said action with the Town Attorney, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves a settlement of the aforesaid Article 7 Action such that the property assessment is reduced from 463,200 to 425,000 dollars. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: None ABSTAIN: Mr. Caimano RESOLUTION REGARDING ARTICLE 7 SETTLEMENT - MEYER RESOLUTION NO. 54.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been an Article 7 Real Property tax proceeding commenced by Richard H. Meyer Jr. and Jean T. Meyer and WHEREAS, the Town Board of the Town of Queensbury has reviewed the aforesaid action with the Town Attorney NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the settlement of the action such that the property is assessed at 810,000 dollars. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION REGARDING ARTICLE 7 SETTLEMENT - BARBER RESOLUTION NO. 55.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, there has been an Article 7 Real Property Tax proceeding commenced by Franklin N. Barber and Annette R. Barber and WHEREAS, the Town Board of the Town of Queensbury has reviewed the same with the Town Attorney NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves a settlement of the aforesaid action such that the property is assessed at 410,000 dollars. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 56.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 17th day of January, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury