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1994-09-15 SPECIAL TOWN BOARD MEETING SEPTEMBER 15, 1994 7:15 P.M. MTG#48 RES. 444 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wisall Councilman Carol Pulver TOWN BOARD MEMBERS ABSENT Councilman Nick Caimano RESOLUTIONS Supervisor Champagne-Announced that due to an error in advertising the public hearing scheduled for September 19th, 1994 on the Consolidation of the Water District will now be held on September 26, 1994. RESOLUTION AMENDING RES. 417, 94 CONCERNING SETTING PUBLIC HEARING ON CONSOLIDATION OF WATER DISTRICTS RESOLUTION NO.: 444,94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 417, 94 to set a public hearing on the consolidation of the Sherman Avenue Extension, Peggy Ann Road, Easy Street, and Hiland Park Water Districts with the Queensbury Consolidated Water District in the Town of Queensbury, said public hearing to be held on "September 19, 1994," and WHEREAS, the Town Board of the Town of Queensbury has been advised that notice of said public hearing was not published by the Post-Star and the Town Board therefore desires to amend said resolution such that the public hearing should be held on "September 26, 1994," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 417, 94, to read as set forth hereinabove, and authorizes the Town Clerk to publish and post a Notice of Public Hearing and/or resolution containing the amended hearing date. Duly adopted this 15th day of September, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES:None ABSENT:Mr. Caimano, Mrs. Pulver WORKSHOP (Councilman Pulver entered the meeting) Discussion held with Bay Ridge Rescue Squad and No. Qsby Rescue Squad regarding budget reviews. Respectfully Submitted, Miss Darleen Dougher Town Clerk-Queensbury TOWN BOARD MEETING SEPTEMBER 19, 1994 6:05 P.M. MTG#49 RES#445-481 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN DR. R. GEORGE WISW ALL COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul H. Naylor, Highway Superintendent Mike Shaw, Wastewater Superintendent Ralph VanDusen, Deputy Water Superintendent Jim Martin, Executive Director of Community Development Colleen Kimble, Dog Control Officer PRESS: GF Post Star Supervisor called meeting to order ... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 445, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss Labor Contract Negotiations. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 446, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 29th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN PUBLIC HEARING - PROPOSED LOCAL LAW - ANIMAL CONTROL OFFICER NOTICE SHOWN 7:10 P.M. SUPERVISOR CHAMPAGNE-We'll open the public hearing on a proposed local law, Animal Control Officer. I think we have a couple of animal control officers here with us tonight. Anyone here to speak on behalf of or against the local law for the Animal Control Officer? We'll open that up. MR. JOHN SALVADOR - I called your office today to ask if there would be any public hearings on the agenda tonight and I was told there were none. And I haven't had a chance to read, look at, I don't know what you're doing here with this local law and I don't know whether to be in favor of it or against it. SUPERVISOR CHAMPAGNE-Well, John these are available to you as oflast Friday. I mean, you can come in, I don't know who answered the phone in my office but this has been scheduled now for three weeks. MR. SAL V ADOR-I know. SUPERVISOR CHAMPAGNE-You do know that? MR. SALVADOR - I knew it was scheduled for this and I called to ask if there was any public hearings this evening. I was told there was none. SUPERVISOR CHAMPAGNE-Well, I guess I can apologize for that but I don't know where that information would have come from, certainly I didn't pass that on. Anyone else? Anyone here to speak for it? Jim, do you have any comments? EXECUTIVE DIRECTOR, MR. MARTIN-I think it's a good concept. The board may have some particular items for discussion but we sat down with this several times, myself, Colleen and Paul going through the draft you have before you. I think it's something that we should be providing to the public. We get alot of calls already on this type of service and this really puts into law what in many cases goes on already. COUNCILMAN MONAHAN-Perhaps Doc has some comments since he's the one that's been working very closely to this. SUPERVISOR CHAMPAGNE-Yea, we're back to the board now, unless there are any others out there? COUNCILMAN CAIMANO-I have a question. SUPERVISOR CHAMPAGNE-Okay, let's hear it from the board. COUNCILMAN CAIMANO-On page 7 of the actual law, letter C, it reads assisting the management of domestic and wild animal bites to humans in accordance with the directives of the Rabies Plan for Warren County. It sounds like we've gone a bit over board there. Do we mean to have the Animal Control Officer act as a Health Officer or as a medical person? And if we do, I'm not sure we want to. ATTORNEY DUSEK-I don't, I think the purpose of that language was to, if you read the Rabies Plan for Warren County, there were references to when assistance could be provided with animals who might possibly have rabies and the purpose was to tie us into Warren County's plan through the animal officer acting as the vehicle, not as a health person. Colleen, I believe you've read through that plan, haven't you? MS. COLLEEN KIMBLE, Dog Control Officer-Yes. ATTORNEY DUSEK-Perhaps you could give Nick a better idea as to what you see as your functions would be under that plan. MS. KIMBLE-What the Warren County Rabies Protocol Plan asks for is, in many cases you've got a dog that will bite somebody and then ... COUNCILMAN MONAHAN-Colleen, excuse me, we're getting taped, could you use the mic? MS. KIMBLE-I'm sorry. At any rate, you have a dog or cat that bites somebody, what the Health Department needs is someone to make sure that the animal is in quarantine and that the people know, the owners of the animal if it's an owned animal, domestic animal, that they know what the protocol is. Keeping it in quarantine for ten days, making sure it's got rabies shots and at the end of the ten day confinement, making sure the animal is still alive. In the case of a wild species such as a raccoon or a skunk, the animal would need to be collected for testing. Not to say, well, this person should have shots or this person shouldn't have shots, that is up the Health Department. COUNCILMAN CAIMANO-Okay, now let me go back to C and I understand what you're saying and I understand what you're saying. The remainder of C reads the Animal Control Officer shall assist in the arrangement of a quarantine or the removal for impounding and testing, any domestic or wild animal which is exactly what Colleen just said. So, if you read those two sentences, there seems to be two different thoughts and that's my concern. I understand what you're trying to do but by making it into two sentences the way you have, it could be inferred by another Animal Control Officer or by someone else that she gives stitches for bites. I don't want that inferred. COUNCILMAN MONAHAN-I think maybe there's a word missing. Assisting in the management of domestic and wild animals after they have bitten humans or something or other, there seems to be a phrase left out of there. COUNCILMAN CAIMANO-Or we leave out that first sentence all together. SUPERVISOR CHAMPAGNE-Yes. ATTORNEY DUSEK-That's what I was kind of thinking. COUNCILMAN CAIMANO-Leave out that first sentence all together. SUPERVISOR CHAMPAGNE-Yea, let's do that. COUNCILMAN CAIMANO-Because what she really wants to do, is the Animal Control Officer shall assist in the arrangement of a quarantine or the removal etcetera. SUPERVISOR CHAMPAGNE-Yea, that's good. COUNCILMAN CAIMANO- Then there's no, I don't think there's any question on it. COUNCILMAN MONAHAN-No questions. SUPERVISOR CHAMPAGNE-Anyone else? Just for those of you that followed this earlier on, I guess last spring anyway when it was first brought to, at least our attention, where they had some discussion relative to carrying a gun or a tranquilizer gun. It's my understanding in here that there will be no guns carried or tranquilizer COUNCILMAN CAIMANO-It says that in there. SUPERVISOR CHAMPAGNE-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-That's correct. SUPERVISOR CHAMPAGNE-I just want to make that sure. MR. PLINEY TUCKER, Queensbury-Does this change the salary structure for the job at all? SUPERVISOR CHAMPAGNE-At this point? MR. TUCKER-Yea. SUPERVISOR CHAMPAGNE-No. MR. TUCKER-Just the name? SUPERVISOR CHAMPAGNE-Just the title. MR. TUCKER-Thank you. SUPERVISOR CHAMPAGNE-Anyone else? COUNCILMAN WISW ALL-Fred, I would just like to say a word. Colleen has been working as Animal Control Officer for a little over a year now without any law and this is a law that we need to make her work legal. SUPERVISOR CHAMPAGNE-Thank you. COUNCILMAN WISW ALL-And we spent alot of time on this and you know, you could pick all night at different things like animals, everything that's considered an animal except, what paragraph is that? COUNCILMAN CAIMANO-Human beings is what it says. COUNCILMAN WISW ALL-Except human beings? SUPERVISOR CHAMPAGNE-Except human beings. COUNCILMAN WISW ALL-And we've been questioned about, an animal includes every living creature except a human being. You could argue about that all night but we need this law and I think it's rather mute to quibble about the wording of a sentence, as simple as that is. COUNCILMAN CAIMANO-It may be wrong to quibble but I just want to make sure that after you and I are long gone, that someone doesn't read this law in a different way. That's my only concern. COUNCILMAN WISW ALL-Well, let them change it then if they can do better. COUNCILMAN CAIMANO-Okay. SUPERVISOR CHAMPAGNE-Yes, John. MR. SAL V ADOR- Was this program tied together with the dog enumeration? COUNCILMAN CAIMANO-No. COUNCILMAN WISW ALL-No. MR. SALVADOR - I think the intent of the licensing of dogs was to some how pay for the Dog Control Officer. SUPERVISOR CHAMPAGNE-Say that again. MR. SAL V ADOR- The state legislature required that dogs be licensed. It's not practical for the state to administer this program. That's understood. So, they go out to local government and they say administer this program we put in place and to help finance it you can collect a fee for a tag on a dog and that's how you cover your costs. Everyone doesn't have a dog. Everyone shouldn't pay for the cost of controlling them. So, the tag becomes a user fee and you're at liberty to charge what ever you want in this town for that tag to cover the cost of controlling the dogs. MS. KIMBLE-Can I interject real quick? Actually, one of the original reasons for having a license fee for dogs was to help defray the costs of dog damage to livestock. And there is a limit on how much the town can charge per license per a neutered or spayed or unneutered or unspayed dog. It's not, you can't charge fifty dollars for a license. Sorry. MR. SALVADOR-Okay. In any case, there was an offset program there. Now, we're, I don't know if we've finished the enumeration program. COUNCILMAN WISW ALL-No. MR. SAL V ADOR- We haven't finished that so we don't know what's out there and we don't know what we can collect and yet we're expanding the scope of this job. The job used to be Dog Control Officer. COUNCILMAN WISW ALL-No. MR. SALVADOR-No? What was it? COUNCILMAN WISW ALL-The Dog Control Officer has no part in the dog enumeration. MR. SALVADOR -Oh, I understand. Yea, I understand that. COUNCILMAN WISW ALL-So, what have we expanded? The Dog Warden used to do the enumeration years ago but it hadn't been done for a number of years so people are not aware of it but it always used to be done. MR. SALVADOR-But we had a Dog Warden, a Dog Control Officer, whatever you want to call it and that position is being retitled. There's a new title now, Animal Control Officer. COUNCILMAN MONAHAN-John, I think the reason for the retitling in this law frankly is the outbreak of rabies in New York State and it's having somebody responsible. In too many towns, people don't know who to call, whose responsible and they get the run around and nobody is willing to take the responsibility because there's a rabid raccoon or a rabid skunk out there. This is the purpose of this law, so that we have a mechanism for when people have a situation like that or are concerned that they have situation, they know how this town is going to handle it and a procedure has been set in place. That's the point of this law. MR. SAL V ADOR- Well, right now, the Warren County Sheriff or the New York State Department of Environmental Conservation is responsible for rabid animals. COUNCILMAN MONAHAN-John, I don't know what they're supposed to be. I only know of cases that have happened in my neighborhood, okay and yes, when they finally call the sheriff, the sheriff does respond. DEC gives them no response whatsoever, gives them a round around for hours. In fact one of them said that they were told to call, their answer was to these people of young children that had a sick acting raccoon running up and down, not running because it wasn't running on their picnic table in the day time which you know is unknown said, "Well, leave it alone and maybe it will wander off some place". In other words, let it wander off where maybe it can do something to somebody else. There has not been a good response, not only in this town but in other towns if you read newspaper articles but this town has accepted it's responsibility to it's citizens out there and tried to put a mechanism in place that will take care of this threat to public health. MR. SALVADOR-The responsibility is DEC's. It's not our ... COUNCILMAN MONAHAN-Well, it maybe DEC in your mind. Our responsibility is the health, wealth and safety of our citizens and this is what we're trying to do. SUPERVISOR CHAMPAGNE-John, I'm going to have to limit you to another five minutes. We've been around this, over and over and over and it sounds to me like we're repeating the same issues. So please, within five minutes, summarize what you have to say. MR. SALVADOR-Well, thank you. SUPERVISOR CHAMPAGNE-Thank you. COUNCILMAN CAIMANO-Call the question. SUPERVISOR CHAMPAGNE-Are we ready to vote? COUNCILMAN CAIMANO-No, we have to put it on the floor. Doc? COUNCILMAN WISW ALL-I'll move the resolution. COUNCILMAN CAIMANO-I'll second it. SUPERVISOR CHAMPAGNE-The motion made and seconded. Any further discussion? ATTORNEY DUSEK-Before you vote, it will be necessary for the board to make a decision on that change that has been made to the law. The decision you have to make is whether you feel that this a material change substantive or whether you feel that this is a very minor insignificant change in the deletion in that one paragraph. COUNCILMAN CAIMANO- The one I just changed? ATTORNEY DUSEK-Right. COUNCILMAN CAIMANO-I think it's a minor declarative or explanatory change. COUNCILMAN MONAHAN-Yes, done for clarification. ATTORNEY DUSEK-In that case, then you wouldn't have to hold another public hearing. SUPERVISOR CHAMPAGNE-Right. ATTORNEY DUSEK-So, you feel that that's minor. I would recommend then that you add a first resolved clause in your resolution just indicating that, resolved, the Town Board determines that the change made in section 5-6 C with the deletion in the paragraph is a minor change primarily for clarification purposes. If that change is acceptable to the members of the board, that's what I would propose adding to our resolution. Town Board agreed and the following resolution was proposed: PUBLIC HEARING CLOSED RESOLUTION TO ENACT LOCAL LAW NUMBER 8, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 5 TO BE ENTITLED, "ANIMAL CONTROL OFFICER," WHICH CHAPTER SHALL PROVIDE FOR THE CREATION AND ESTABLISHMENT OF AN ANIMAL CONTROL OFFICER POSITION. RESOLUTION NO. 447, 94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 5, to be entitled, "Animal Control Officer," which Chapter shall provide for the creation and establishment of an Animal Control Officer Position, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on September 19, 1994, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, the Town Board determines that the change made in Section 5-6 C with the deletion in the paragraph is a minor change primarily for clarification purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 5, to be entitled, "Animal Control Officer," to be known as Local Law Number 8, 1994, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None LOCAL LAW NO. 8, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, BY ADDING A NEW CHAPTER 5 TO BE ENTITLED "ANIMAL CONTROL OFFICER," WHICH CHAPTER SHALL PROVIDE FOR THE CREATION & ESTABLISHMENT OF AN ANIMAL CONTROL OFFICER POSITION BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by adding thereto a new Chapter 5 to be known as "Animal Control Officer," to read as follows: ~ 5-1. Purpose. The Town Board of the Town of Queensbury finds that, in recent years, complaints and/or concerns from citizens concerning nuisance, stray, running at large, sick, disabled, injured, or dead animals, have increased to a point where there is a need to have a particular position or office in the Town capable of responding to the complaints from and concerns raised by. In addition, the Town Board of the Town of Queensbury notes that nuisance, stray, sick, injured, and/or dead, wild animals, on public roadways and upon public grounds, are of particular concern and can be dangerous or hazardous. Finally, the Town Board notes that the position will include the duties and responsibilities of the previously authorized Dog Control Officer position and provide the Town with flexibility in dealing with concerns about rabies and any other concerns that may arise in the future concerning animals. ~5-2. Authority. This Local Law is enacted pursuant to and by virtue of the provisions of Town Law ~20, Agriculture and Markets Law Article 7, and the Municipal Home Rule Law of the State of New York. ~5-3. Title. The title of this Local Law shall be "Animal Control Officer." ~5-4. Definitions. As used in this Article, the following words or phrases shall have the following respective meanIngs: ANIMAL. Includes every living creature except a human being. ANIMAL CONTROL OFFICER. Means an individual appointed by the Town Board of the Town of Queensbury who has the authority and responsibility set forth in this Chapter and who shall bear the additional authority and responsibility to assist in the administration and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury, and who, for these purposes, shall also be titled or known as "Dog Control Officer. " DOG CONTROL OFFICER. Shall be deemed to be inclusive within the title and position known as Animal Control Officer. RUN AT LARGE. Means to be in a public place or on private lands without the knowledge, consent, and approval of the owner of such lands. TOWN. Shall mean the Town of Queensbury. Any word or phrase, other than the foregoing, used in this Chapter and which is defined in Agriculture and Markets Law Article 7 shall be interpreted as having such definition. ~5-5. Animal Control Officer. A. Creation and Establishment of Position. There is hereby created and established in the Town, an officer and position to be known as "Animal Control Officer," which position shall be under the direction and administration of the Executive Director of Community Development and a part of the Community Development Department. B. Term of Office. The Animal Control Officer shall serve at the pleasure of the Town Board, subject to Civil Service Law requirements, if any. C. Salary and Hours. The position of Animal Control Officer shall be a full-time position. Work hours, wages, salaries, and/or rate of pay shall be established by the Town Board of the Town of Queensbury by resolution and subject to Civil Service Law requirements, if any. D. Conditions, Qualifications, and/or Requirements for AppointrnentJEmployment. 1. As a condition of appointment, any individual appointed as Animal Control Officer shall have the following credentials or meet the following requirements and be able to demonstrate compliance with the same; a. a valid New York State Driver's License; b. be over the age of 18 years of age. 2. As a condition of employment, any individual employed as Animal Control Officer shall have the following credentials or meet the following requirements and be able to demonstrate compliance with the same within one year from the date of hiring; a. rabies pre-exposure vaccination; b. satisfactory completion of courses held in connection with Animal Control Academy; c. nuisance trapping permit/license; d. keep, maintain, and wear such uniforms and/or other symbols or cards of identification, as may be designated by the Town Board of the Town of Queensbury by resolution; e. keep, maintain, and utilize such paging or other communication devices as may be provided and required by Town Board resolution; f. as a condition of employment, the Animal Control Officer shall not use or carry a firearm or similar device such as a tranquilizer gun on his/her person or within any Town vehicle when responding to calls in an official capacity or at any time during work hours. ~5-6. Authority, Duties, and Responsibilities of Animal Control Officer. The Animal Control Officer is hereby authorized and empowered, and is assigned and delegated the following duties and responsibilities: A. Patrolling the Town of Queensbury by vehicle and on foot and receiving all complaints from citizens by telephone, in person, or through the mail concerning nuisance, stray, running at large, and/or sick, disabled, injured, or dead animals. B. Responding to observations of or complaints concerning nuisance, stray, running at large animals and/or sick, disabled, injured, or dead animals as follows: 1. in the case of animals under the regulation and affected by Agriculture and Markets Law Article 7 and Chapter 73 of the Code of the Town of Queensbury entitled, "Dogs and Other Animals," the Animal Control Officer shall have all power, authority, duties, and/or responsibilities set forth in those aforesaid laws and the Animal Control Officer shall generally assist in, administrate, and enforce the provisions of those laws; 2. in the case of nuisance, stray, sick, disabled, or injured, wild animals on public roadways or located upon public grounds, report the location and identity of the same to appropriate State and/or County authorities and obtain assistance, permits, or instructions as to the proper handling and disposition of such wild animals and thereafter act in accordance with such guidance or authorization; 3. in the case of nuisance, stray, sick, disabled, injured, dead, wild and/or domestic animals on private property, responses shall include direct intervention if it is felt that a concern for rabies exposure is present and if no concern for rabies exposure is present, responses shall be to refer the individuals to the proper public agencies or private entities that provide services of assistance with regard to such animals; 4. in the case of dead animals existing along State, County, and Town roadways or upon public properties, assist in or arrange for the picking up and disposing of the dead animals in accordance with the requirements of the Environmental Conservation Law and other laws of the State of New York. The Town Board of the Town of Queensbury shall, by resolution, further clarify and identify the exact responsibilities of the Animal Control Officer and other Town departments with regard to this task; 5. in the case of animals that are seized or captured in accordance with the provisions of this Chapter, or the Agriculture and Markets Law Article 7 or Chapter 73 of the Code of the Town of Queensbury, assist in arranging for the care and disposition of the same in accordance with the aforesaid laws or if no guidance is found in said laws, by turning the same over to the proper animal pound, animal hospital, or humane society or other appropriate institution; 6. in the case of animals that are seized or dead animals that are disposed of in accordance with the terms of this Chapter, determine whether the animals are marked or carry some sort of identification indicating the identity of the owners and if such identification is present, notify the owners of the status of the animal. C. The Animal Control Officer shall assist in the arrangement of a quarantine or the removal for pounding and testing, any domestic or wild animal when concerns for rabies exposure is present. D. Maintaining records of work performed, including a record of all animals impounded, at the Officer's direction and/or those dead animals picked up and disposed of. E. Enforce the provisions of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury by issuing appearance tickets, pursuant to ~ 120.20 of the Criminal Procedural Law, to serve a Summons and to serve and execute any other order or process in the execution of the provisions of said Chapter 73 and Agriculture and Markets Law Article 7, the Animal Control Officer shall also assist in the filing of complaints by persons other than the Animal Control Officer, as provided for by Chapter 73 of the Code of the Town of Queensbury. F. Being responsible to perform routine maintenance work on any vehicles or other equipment used or assigned for use by the Animal Control Officer. The duties and responsibilities include keeping the vehicles and equipment in satisfactory condition by washing, cleaning and disinfecting, as may be necessary. In addition, in the event that any repairs are needed to the vehicles, the Animal Control Officer shall arrange for the repair or maintenance in accordance with the policies, procedures, rules, or regulations adopted by the Town Board of the Town of Queensbury. G. Performing such other additional and further duties that the Town Board may determine, by resolution. Additional duties may include duties unrelated to Dog and Animal Control or other duties assigned herein. SECTION 2. the Secretary of State. This Local Law shall take effect immediately upon filing thereof in the Office of (Councilman Monahan at this point left meeting) RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 448, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of August 15th, 22nd, 31 st and September 2nd of 1994. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE TRANSPORTATION AGREEMENT WITH THE CITY OF GLENS FALLS RESOLUTION NO. 449, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the City of Glens Falls has submitted to the Town Board of the Town of Queensbury for its consideration, a Transportation Agreement which provides for the delivery of regular, public service transportation to, through, and among the corporate limits and locations of the Town of Queensbury, City of Glens Falls, and other adjacent municipalities, and WHEREAS, the Transportation Agreement is for a period commencing on January 1, 1994 and shall end on December 31, 1995 and provides for the initial payment by the Town of Queensbury of $41,432.00 towards anticipated operation general expenses and capital expenses for the period January 1, 1994 through December 31, 1994 as set forth in the attached Appendix A. The Town of Queensbury shall thereafter pay to the City its proportionate share of the annual capital and expense budget and contribute to this payment of all other reasonable and necessary liabilities incurred by the City, and WHEREAS, the Transportation Agreement establishes public service transportation throughout the Town of Queensbury and which public service transportation will be beneficial to and serve the public interest of the people of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, on behalf of the Town of Queensbury, hereby approves the Transportation Agreement as presented to this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute the aforesaid Transportation Agreement. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION APPROVING MISCELLANEOUS PROJECT AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. RESOLUTION NO. 450, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has, from time to time, requested the services of O'Brien & Gere Engineers, Inc. for certain small projects, and WHEREAS, both the Town Board of the Town of Queensbury and O'Brien & Gere Engineers would like to agree to a Standard Form Miscellaneous Project Agreement to establish the terms and provisions of the obligations of each party for engineering services already requested by letter form agreement (not including those for which formal contracts have been written), as well as any that may be requested by letter in the future, and WHEREAS, the Town Board of the Town of Queensbury understands that the Miscellaneous Project Agreement does not require that the Town use O'Brien & Gere Engineers for all of its engineering needs but, rather, is for the purposes of having a Standard Form Agreement in place between the parties so that letters of authorization may be exchanged when and if the Town desires to use the services, and WHEREAS, a Miscellaneous Project Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury, and take such other and further steps as may be necessary to implement the terms and provisions of this Agreement. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 451, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1994 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 1994 budget: ASSESSOR: FROM: TO: AMOUNT: 01-1355-4130 (Legal Services) 01-1355-4400 (Misc. Contractual) 683. 01-1355-4030 (Postage) 01-1355-4400 (Misc. Contractual) 300. 01-1355-4030 (Postage) 01-1355-4090 (Conference Expense) 230. 01-1355-4120 (Printing) 01-1355-4040 (Dues & Registration) 100. CAPITAL PROJECTS: FROM: TO: AMOUNT: 1-9950-9100 (Hudson Park Transfer) 1-9950-9102 (Carey Road Transfer) 40,000. FINANCE: FROM: TO: AMOUNT: 1-1310-4400 (Misc. Contractual) 1-1310-4220 (Training/Education) 100. 1-1440-2001 (Engineer - Equipment) 1-1440-4398 (Bay Road Sewer Engineering) 3,200. 1-9950-9100 (Hudson Park Transfer) 1-1989-4400 (Management Project) 5,400. QUEENSBURY CENTER: FROM: TO: AMOUNT: 001-1620-2899-27 (Capital Construction) 001-9950-9074 (Town Office Building Capital Project) 32,500 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING PROPOSITION TO BE PLACED ON BALLOT REGARDING THE CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO. 452, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall Town Board held discussion and agreed to withdraw motion until further information is obtained. RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 452, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 01 - General Fund 102 - Carey Road $ 40,000 Extension CP and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 453, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the special Audit of Bills as represented by Voucher #94003468, in the total amount of $ 98.06, payable to (Supervisor's) Petty Cash - General, be and hereby is approved. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AMENDING RES. 419, 94 CONCERNING HIRING O'BRIEN & GERE ENGINEERS, INC. CONCERNING WEST GLENS F ALLS WATER RESOLUTION NO. 454, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 419, 94 to retain the professional services of O'Brien & Gere Engineers, Inc. concerning the West Glens Falls Water District, said services to be paid for from Account No.: "40-8310-4710," and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution such that the services should be paid for from Account No.: "46-8310-4710," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 419, 94, to read as set forth hereinabove. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AMENDING 1994 BUDGET RESOLUTION NO. 455, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Accounting Services has advised that budget amendments are necessary to cover negative line items in the 1994 Budget and to cover the expense of the Highway clean- up of sidewalks, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1994 Budget be amended as follows: la) Increase the amount in the General Fund Revenue Account #001-001-4789-1993 (AMG- HUD Grant Revenue) in the amount of $95,000.; and Ib) Increase the amount in the General Fund Expense Account #001-6989-4421 (AMG- HUD Grant Expense) in the amount of $95,000.; 2a) Increase the amount in the General Fund Revenue Account #001-001-2660 (Sale of Real Property) by $90,000.; 2b) Increase the amount in the General Fund Contingency Account #001-1990-4400 (Contingency) by $54,000.; 2c) Increase the amount in the General Fund Expense Account #001-5410-4400 (Sidewalk Cleaning) by $36,000.; and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS RESOLUTION NO. 456, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Thomas Ford to serve as a member of the Zoning Board of Appeals, said term to expire on December 31, 1998. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING LEGAL ACTION RESOLUTION NO. 457, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Wastewater has advised the Town Board that he believes there are certain properties that have not connected to the sewer lines in the Central Queensbury Quaker Road Sewer District, as required by Section 136-44 of the Code of the Town of Queensbury, and WHEREAS, pursuant to Section 136-83C of the Code of the Town of Queensbury, the Town Board may direct Town Officers to initiate whatever appropriate judicial proceedings are deemed necessary to prohibit violations of Part 3 of Chapter 136 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Mike Shaw, Director of Wastewater, to file a Complaint in Town Justice Court on behalf of the Town of Queensbury for an alleged violation of any Section of Part 3 of Chapter 136 by the following properties: Beatrice Clevenger 20 Windsor Drive Tax Map #106-2-19 Carol Vannier 1 Meadowbrook Road Tax Map #59-6-11 Patricia Zoli 27 North Road Tax Map #106-3-26 , and the Town Attorney is hereby requested to prosecute said Complaint. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING AMENDMENT TO PURCHASING PROCEDURES RESOLUTION NO. 458, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, on or about May 2, 1994, the Town Board of the Town of Queensbury, after review, revised the purchasing procedures for the Town of Queensbury, and WHEREAS, revisions made to the purchasing policy included a provision that written Requests for Proposals for professional services would be required when the amount exceeded $10,000.00 in any fiscal year, unless certain exceptions applied, and WHEREAS, at the time the revised purchasing policy was under discussion, the Town had in effect a provision which provided for the use of Request for Proposals (RFPs) for professional services over the amount of $20,000.00 and, at one point, the proposed purchasing policy included a $20,000.00 threshold, and WHEREAS, at the time that the purchasing policy was adopted it is felt that $20,000.00 should have been the number but the board recognizes that $10,000.00 was actually adopted erroneously and the board desires to one, correct that but also two, again review this matter anew and reach the determination set forth herein, and WHEREAS, the Town Board of the Town of Queensbury has again reviewed the circumstances of when professional services are rendered and the nature of the relationship that the Town Board has with professionals providing services at the Town of Queensbury and has determined that a $20,000.00 threshold for requiring RFPs is a more appropriate threshold for these types of relationships, based on 1) the nature of the relationship, 2) the frequency of the types of projects where services will typically cost up to $20,000.00, 3) the need to, on some occasions, switch professionals on short notice for small projects, 4) the need, on some occasions, to quickly obtain professional services and, finally, 5) the practicality of avoiding the cost and time needed to provide for Request for Proposals every time a professional service is needed on smaller professional service projects which are determined to be those that require professional services that cost less than $20,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines it to be in the best interest of the Town of Queensbury to provide and establish a threshold of $20,000.00 which, when exceeded, will require written Request for Proposals for particular types of professional services, unless a particular exception should apply, as set forth in paragraph 3 of that part of the Purchasing Policy which deals with professional services. Duly adopted this 19th of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSION BEFORE VOTE: Councilman Caimano-I have little problem with this. It is increasing, but really what it is, is correcting what I consider to be an error. I still feel that there was an error made in transposition, it's certainly not done on purpose but we're not increasing anything. It has been done in the past, all we're doing is correcting the professional services from ten thousand dollars to twenty thousand dollars and I don't think that's clear in here. It appears as if this board is once again going to do what the previous board and this board have already done. And that is to take the professional services from ten thousand to twenty thousand. It is my opinion after having studied all the paperwork, that there was just a simple mistake made. That the last time we approved this, it was erroneously settled at ten thousand dollars. So I think the resolution is, in my opinion, factually wrong. Attorney Dusek-If that's the case, you shouldn't adopt it. We should make changes to it. Town Board held discussion and agreed to make the following change to the resolution: (after the third whereas clause) WHEREAS, at the time that the purchasing policy was adopted, it is felt that $20,000.00 should have been the number but the board recognizes that $10,0000.00 was actually adopted erroneously and the board desires to one, correct that but also two, again review this matter anew and reach the determination set forth herein. (vote was taken, resolution reflects change) RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE FOR RICHARD SCHERMERHORN RESOLUTION NO. 459, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically considering a request for change of zone by Mr. Richard Schermerhorn, whereby the parcel of land, known as Tax Map Nos. 60-2-7.1 and 60-2-7.3, and located at the corner of Cronin Road and Meadowbrook Road, in the Town of Queensbury would be changed from SFR-IA (Single Family Residential- 1 Acre) to SR-IA (Suburban Residential- 1 Acre), thus modifying the existing Zoning Ordinance and Map, and WHEREAS, on or about July 18, 1994, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and indicated its desire to be lead agent for SEQRA purposes and authorized notification of all other involved agencies, and WHEREAS, on or about the 26th day of July, 1994, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone for Mr. Richard Schermerhorn to Suburban Residential - 1 Acre, upon a certain condition, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Full Environmental Assessment Form and completed Petition for a Change of Zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on 17th day of October, 1994, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, Warren County Planning Board, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agent for purposes of the SEQRA review, and BE IT FURTHER RESOLVED, that the Executive Director is hereby authorized and directed to forward the Application for Rezoning and Part I of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency, if notice is necessary. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO SET PUBLIC HEARING ON PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX RESOLUTION NO. 460, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is presently considering the adoption of a proposed Central Queensbury Quaker Road Sewer District Benefit Tax, and WHEREAS, it is necessary to hold a public hearing prior to adopting said proposed benefit tax, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard upon and in reference to the proposed benefit tax, and BE IT FURTHER RESOLVED, that said public hearing shall be held on the 3rd day of October, 1994, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the date of the hearing, which Notice of Hearing shall be in a form substantially consistent with the Notice presented at this meeting. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION APPROVING CONTINUATION OF PAYMENT IN LIEU OF REAL PROPERTY TAX PROPOSAL FOR AMG INDUSTRIES Councilman Caimano introduced the resolution which was seconded by Supervisor Champagne. Town Board held discussion and agreed to hold resolution until later in the meeting when Attorney Dusek could obtain some additional information from his office. RESOLUTION CALLING AND SETTING PUBLIC HEARING CONCERNING PROPOSED CRONIN ROAD EXTENSION NO.2 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 461,94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Cronin Road Sewer Extension No.2, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Central Queensbury Quaker Road Sewer District, such extension to service an area to the north of the existing district and on the northerly side of Cronin Road, such area consisting of those parcels or lots being identified as a portion of a parcel assigned tax map no.: 60-2-11 for the year 1994 and bearing Town of Queensbury Planning Board Subdivision No.: 10-1994, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by Richard E. Jones Associates, and Schoder Rivers Associates, the latter being engineers licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District and a general plan of the proposed sewer system showing a 6" sanitary sewer line running from the area proposed to be included in the District and connecting with an existing 12" sewer main, with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, to be used in accordance with the terms and provisions of an Agreement and the transmission mains of the Central Queensbury Quaker Road Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law, Section 206A, and WHEREAS, an Environmental Assessment Form has been prepared and presented at this meeting, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall consider establishing the proposed extension to the Central Queensbury Quaker Road Sewer District, the same being briefly previously described in this Resolution and more fully in the Map, Plan and Report presented at this meeting, said sewer extension to be known as the Cronin Road Sewer Extension No.2; 2. The boundaries of the proposed extension are as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows; BEGINNING at a point in the northerly bounds of Cronin Road at the southwest corner of Bay Meadows Golf Club, Inc. and the southeast corner of the lands of the grantor herein as described in Book 720 of deeds at page 73; running thence North 81 degrees, 26 minutes and 40 seconds West along said Cronin Road, a distance of 286.00 feet; thence running through the lands of the grantor herein the following two courses and distances: (1) North 05 degrees, 53 minutes and 33 seconds East, a distance of 301.33 feet; (2) South 81 degrees, 26 minutes and 40 seconds East, a distance of 287.69 feet to said lands of Bay Meadows Golf Club, Inc.; thence running South 06 degrees, 12 minutes and 50 seconds West along said lands, a distance of 301.25 feet to the point and place of beginning, containing 1.98 acres ofland, to be the same more or less. Bearings given in the above description refer to magnetic North. 3. The improvements shall consist of the purchase and installation of a 6" sanitary sewer line running from the area proposed to be included in the extension to an existing sewer main in the Central Queensbury Quaker Road Sewer District, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervIsIOn; 5. The maximum amount to be expended for said improvement will not be greater than $12,375, plus a one time buy-in fee of $l/gallon of average daily flow, which in this case would be $1,134., or a total of $13,509., said improvement costs to be paid by the developer and at no cost to the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, for the proposed extension, and the areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District; 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 7. In accordance with Town Law, Section 206A, all expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 9. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 3rd day of October, 1994 for the said sewer extension in accordance with the terms and provisions of this Resolution and to hear all persons interested in the proposal and to take such other and further action as may be required or allowed by law; 10. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than ten (10) days nor more than twenty (20) days before the hearing date set forth herein and as required by Town Law, Section 209-D, and complete or arrange for the securing of two (2) affidavits of publication of notice and two (2) affidavits of posting of notice of the public hearing as required thereby, and it is further RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized and directed to notify the New York State Department of Environmental Conservation and the New York State Department of Health of the proposed action and advised that the Town Board of the Town of Queensbury desires to coordinate a SEQRA review of the proposed action and to act as lead agency in the review of said action pursuant to the State Environmental Quality Review Act and the Town Attorney is also authorized to forward a copy of this Resolution, Part 1 of the Environmental Assessment Form presented at this meeting, and notice of the hearing date to the aforementioned involved agencies, with such other and further documentation as may be deemed necessary or appropriate by the Town Attorney. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AMENDING 1994 BUDGET RESOLUTION NO. 462, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Director of Accounting Services has advised that a 1994 budget amendment is necessary to cover the buy-in fee for the new K-Mart Super Center to the Glens Falls Sewer Treatment Plant, said buy-in fee having previously been paid to the Town by the Developer in accordance with an agreement between the parties, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1994 Budget be amended as follows: 1) Increase the amount in the Technical Park Sewer District Revenue Account #033-033- 2122 (Sewer Charges) in the amount of $8,500.00; and 2) Increase the amount in the Technical Park Sewer District Expense Account #033-8110- 4400 (Misc. Admin.) in the amount of $8,500.00; and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AMENDING HUDSON POINTE DEVELOPMENT AGREEMENT RESOLUTION NO. 463, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, by resolution no. 117, 94, the Town Board of the Town of Queensbury approved the Hudson Pointe Planned Unit Development Agreement, and WHEREAS, as a result of certain issues raised by Niagara Mohawk Power Corporation with respect to the agreement, a proposed revision of the same has been presented at this meeting, and WHEREAS, the aforesaid revision would generally clarify and amend, as necessary, the agreement to indicate that the same is an "In Rem" agreement, except to the extent of application to a violation of any provisions hereof as more specifically set forth in the proposed amended agreement which has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the amended agreement and hereby authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury, to place the seal on the same, and take such other and further steps as may be necessary, and to the extent that this resolution is inconsistent with resolution no. 117, 94, the same is hereby amended accordingly. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION APPROVING DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO. 464, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously enacted legislation authorizing the Hudson Pointe Planned Unit Development, and WHEREAS, the legislation was adopted subject to the provision that a Declaration of Covenants and Restrictions setting forth conditions numbered 1 - 15 of the legislation be executed by an authorized official of the Developer and the Town of Queensbury and filed and/orrecorded in the Warren County Clerk's Office, and WHEREAS, a proposed Declaration of Covenants and Restrictions has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Declaration of Covenants and Restrictions for the Hudson Pointe Planned Unit Development and hereby authorizes the Town Supervisor to execute the same and place the Town's seal on the same and arrange for the recording of the document and take such other and further steps as may be necessary to implement the terms and provisions of this resolution, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign a declaration as presented with the addition to the Declaration that no changes can be made without the approval of the Town Board as they already exist, but they can add more to make it more restrictive. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSION BEFORE VOTE: Attorney Dusek-This declaration of covenants and restrictions is actually once again keyed into the legislation that was adopted for the Hudson Pointe Planned Unit Development. In the legislation there were fifteen conditions that were put on the zoning, I have compared what is written here against those fifteen conditions and I find them to be identical which is what they were supposed to be. It's basically a way to record in the property records and made binding for future events, the project. It does also refer in here that the Town of Queensbury can enforce them. The one question I had and I think I saw Mike O'Connor here tonight. Mike in the declaration I did not find a provision in there which basically said that the conditions that you have, you can always add to them of course, but I would like an addition in there just saying that it can't be changed without the Town Board's approval, the ones that already exist. Do you have any problem with that? Attorney Mike O'Connor-I have no problem with that. Attorney Dusek-Okay, I would just suggest that the board's resolution be modified to allow the Supervisor to sign a declaration that would look just like this except that one additional sentence that they won't be changed without your approval. Once again, he can always add more to make it more restrictive. Town Board agreed and vote was taken. RESOLUTION ACCEPTING DEEDS FROM CITY OF GLENS FALLS FOR LAND LOCATED IN THE VICINITY OF PEGGY ANN ROAD RESOLUTION NO. 465, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, The Town of Queensbury has received a Deed from the City of Glens Falls for a certain piece or parcel of land situated and lying in the vicinity of Peggy Ann Road, in the Town of Queensbury, for purposes of allowing the widening of said road, together with a Temporary Construction Easement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town of Queensbury, hereby accepts the Deeds and ratifies the actions of the Town Attorney in arranging for the filing and recording of the same. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION ESTABLISHING HUDSON POINTE OPEN SPACE ADVISORY BOARD RESOLUTION NO.: 466,94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Town Board of the Town of Queensbury, in accordance with Town Board resolution no. 118, 94, approved the Hudson Pointe Planned Unit Development, and supported the concept of the creation of a Conservation area within the Development, and WHEREAS, the development of a Hudson Pointe Open Space Advisory Board will assure proper use of the Conservation Area through review of the plan for passive recreation in the Conservation Area, as developed by the Open Space Institute, WHEREAS, Advisory Boards are authorized to be established in accordance with ~3-4 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury desires to establish a Hudson Pointe Open Space Advisory Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates and appoints a five member Hudson Pointe Open Space Advisory Board to advise the Town Board during their review of the plan for passive recreation in the Hudson Pointe Conservation Area, as developed by the Open Space Institute, and BE IT FURTHER, RESOLVED, that the Advisory Board be composed of the following individuals: 1) Mr. James M. Martin; 2) Mr. Tim Brewer; 3) Mrs. Robin Brewer; 4) Ms. Kathy LaBombard; and 5) Mr. Alan Oppenheim; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby makes particular note of the procedures that Advisory Board must follow, and the Executive Director shall provide each Board Members with a copy of Chapter 3 of the Code of the Town of Queensbury. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSION BEFORE VOTE: Councilman Caimano questioned whether Councilman Betty Monahan could be on an advisory board? Attorney Dusek referred to the law, stating, except that no person whose a member of the Town Board shall be a member of the advisory board. Town Board held discussion and agreed to remove Councilman Monahan from the advisory board and leave it as a five member board. (vote was taken) RESOLUTION APPOINTING JOHN W. O'BRIEN TO PERMANENT CIVIL SERVICE STATUS RESOLUTION NO. 467, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has heretofore created the position of Assistant Building and Zoning Enforcement Officer, and advertised for said position at a starting, annual salary of $23,500.00, WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 705, 93, appointed Mr. John W. O'Brien, provisionally to said position, and set a provisional salary, until such time as Mr. O'Brien successfully completed the Code School Courses and passed the Civil Service Examination, and WHEREAS, Mr. John W. O'Brien has successfully completed the Code School Courses, and has tied for first place on the Civil Service examination for the Assistant Building and Zoning Enforcement Officer position, NOW, THEREFORE, BE IT RESOLVED, that Mr. John W. O'Brien be hereby appointed to the position of Assistant Building and Zoning Enforcement Officer, and accordingly, that his salary be amended to reflect the advertised annual salary of $23,500, and that he be given permanent status, with an eight month probationary period to commence on the date of this resolution, in accordance with the Civil Service laws, rules, and regulations of the State of New York, Warren County, and Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to complete any civil service forms that may be necessary to effectuate the terms and provisions of this resolution. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: Mr. Caimano ABSENT: Mrs. Monahan Attorney Dusek reviewed agreement with the Town Board. (Councilman Monahan re-entered meeting 7:55 p.m.) RESOLUTION APPROVING SUBORDINATION AGREEMENT RESOLUTION NO.: 468, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, approved a Loan Agreement, Promissory Note and Security Agreement to be entered into between the Town of Queensbury and AMG Industries for purposes of providing a loan of certain funds received by the Town from the United States Department of Housing and Urban Development, and WHEREAS, AMG has requested the loan of certain proceeds which, pursuant to the terms of the Loan Agreement and Security Agreement, is to be secured by a security interest in certain equipment, and WHEREAS, Chase Manhattan Bank, NA has been granted a security interest in some or all of the equipment identified in the Loan Agreement which is to serve as the security for the Town of Queensbury's loan, and WHEREAS, the Chase Manhattan Bank, NA has indicated a willingness to subordinate its security interest to that of the Town's in accordance with a Subordination Agreement that has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, hereby approves the Subordination Agreement presented at this meeting and hereby authorizes the Town Supervisor to execute the same on behalf of the Town and to take such other and further steps as may be necessary to implement the terms and provisions of said agreement. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING SPECIAL AUDIT OF BILLS AND AUTHORIZING SETTLEMENT OF OSHA VIOLATIONS RESOLUTION NO. 469, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the negotiated settlement of $4,384.00, with the New York State Department of Labor Ref. No.: 10-115928244, as payment in full of the final amount due in the Order to Comply issued to the Town of Queensbury on July 27, 1993, regarding alleged OSHA violations in the Town of Queensbury's Fire Protection District, and BE IT FURTHER, RESOLVED, that the special Audit of Bills as represented by Voucher #94003758, in the total amount of $ 4,384.00, payable to the Commissioner of Labor be and hereby is approved. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek-Briefly, these are OSHA claims that were filed against the town in the amount of $11,500.00. We've been able to reach a settlement in the amount of $4,384.00 and when I say against the town, they're against the town but they're actually related to the Central Queensbury Fire Company. RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PRESTON COMPUTER SERVICES RESOLUTION NO. 470, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Director of Accounting Services for the Town of Queensbury previously issued Requests for Proposals, and WHEREAS, the Director of Accounting Services received three responses and has recommended Preston Computer Services to the Town of Queensbury, and WHEREAS, a proposed Agreement, with Addendum, retaining the services of Preston Computer Services has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town, and BE IT FURTHER RESOLVED, that the cost of this Agreement, $1,400.00, shall be paid for from the General Fund, Data Processing Account. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION RETAINING MALCOLM PIRNIE FOR LANDFILL ENGINEERING WORK RESOLUTION NO. 471, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano Town Board held discussion and agreed to pull resolution until agreement was finalized. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 471, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1994 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 1994 budget: DATA PROCESSING: FROM: TO: AMOUNT: 1-9950-9100 1-1680-2100 2,500. (Hudson Park Transfer) (Computer Hardware) and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None Five Minute Recess 8: 15 p.m. Attorney Dusek read into the record the following letter addressed to the Supervisor dated September 14th from the Queensbury Union Free School District, Superintendent of Schools, Dr. David Gee: As per our recent conversation, I am writing this letter to explain that since the Queensbury Board of Education had no input regarding the original GMA application and since it appears that GMA is merely seeking to satisfy the prior issue through another IDA bond issue and is willing to continue the same previous PILOT in lieu of tax agreement, therefore, the Board of Education felt compelled to table any action on this issue. We certainly have had little information regarding the past agreement and felt that we should not be commenting on past arrangements. Therefore, legally by taking no formal action, we neither support or oppose the GMA extension. We deeply appreciate your understanding of this matter and your promise to include our representative in future and upcoming IDA projects and proposals. We fully recognize our commitment to the community to attract industry to the area and by working together with you, we hope to avoid past criticisms and concerns regarding this issue. Once again, thank you for your cooperation and please do not hesitate to contact me should you need my help or assistance in this matter. Attorney Dusek-One comment, he refers to not being included. As the board is aware, the IDA policies changed near the end of last year in 93 and new policies became in effect in 94 which would require the schools to be notified. I think that may be part of why the school district may not have been previously involved. The school district's response, in order to address that response if the board wanted to move ahead, I would indicate in the blank that a letter from the school district indicating that they neither support or oppose the GMA extension. Town Board held discussion and the following resolution was proposed: RESOLUTION APPROVING CONTINUATION OF PAYMENT IN LIEU OF REAL PROPERTY TAX PROPOSAL FOR AMG INDUSTRIES RESOLUTION NO. 472, 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 Resolution No. 315, of 1993, approved a proposal of payments in lieu of real property taxes with respect to GMA Holdings/ AMG Industries in accordance with schedules attached to and made a part of that Resolution, and WHEREAS, the Town Board of the Town of Queensbury has been advised that GMA Holdings/ AMG Industries has submitted an application for additional industrial development revenue financing to the Counties of W arren/W ashington Industrial Development Agency for the purpose of financing cost overruns and additional amounts spent for the construction and equipping of a manufacturing facility to house the manufacturing operations of AMG Industries, Inc., the project for which the original Pilot Agreement was originally approved, and WHEREAS, Warren/Washington County Industrial Development Agency has asked the Town of Queensbury to review the Pilot Agreement and advise the agency whether it agrees that the same should continue in light of the additional requested financing, and WHEREAS, the Town Board of the Town of Queensbury has received a letter from the School District indicating that they neither support or oppose the GMA extension, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after carefully considering the facts and circumstances giving rise to the original payment in lieu of tax agreement for AMG Industries, and, after considering the nature of the additional financing requested, i.e., the same being for cost overruns and additional improvements made as a part of the original project, the Town Board of the Town of Queensbury hereby agrees that the original Pilot Agreement is satisfactory and should continue in the event that the agency approves further and additional bonds for the limited purposes of the cost overruns and additional improvements hereinbefore referred to, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute any agreements or transmit any letters that may be necessary to provide notice and/or implement the terms and provisions of this Resolution. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO INSTALL STREET LIGHTS AT NINE (9) INTERSECTIONS ON PEGGY ANN ROAD RESOLUTION NO. 473, 94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of street lights at nine (9) intersections on Peggy Ann Road, in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that a total of nine (9) 150 watt sodium street lights be installed as follows at the following intersections with Peggy Ann Road: (2) Clark Street (1) Wintergreen (1) Lupine (2) Queensbury Victoria's Grant (2) Queensbury Forest (1) Pheasant Walk , and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said lights shall be paid for from the Highway Safety Fund. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION ACCEPTING SANITARY SEWERS RESOLUTION NO. 474, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Director of the Wastewater Department has advised that Queensbury Retail Limited Partnership, in accordance with an Agreement reached with the Town of Queensbury, dated August 24, 1993, installed a sanitary sewer system, manholes and necessary or desirable components and appurtenances thereof, and WHEREAS, in accordance with said Agreement, Queensbury Retail Limited Partnership agreed to grant and release to Municipality all right, title and interest in and to said sanitary sewer system and components and appurtenances thereof, and WHEREAS, the Director of the Department of Wastewater has indicated that the sewer system is now complete, with the exception of the submission of final as-built plans and certain seeding and restoration work and has recommended that a portion of monies held in escrow be retained as assurance such work will be performed, and WHEREAS, the aforesaid Agreement also provides for the amount of 2%, or $1,000.00, whichever is greater, to be kept in the escrow fund for a period of one year, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its acceptance of the grant and release of all right, title and interest in said sanitary sewer system and components and appurtenances thereof, with the understanding that the developer has clear legal right and title to make such conveyance of title, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a release of the escrow funds previously retained by the Town, to the extent that all escrow funds held in accordance with the Agreement between the Town of Queensbury and Queensbury Retail Limited Partnership are released, with the exception of 1) the sum of 2%, or $1,000.00, whichever is greater, to be kept for a period of one year, 2) the sum of $20,000.00, to be kept until such time as-built plans and the seeding and restoration work is completed upon the property, and 3) the sum of one-half of one percent of the interest earned on the escrow fund since the day of deposit as a service charge. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Director of Wastewater, Mr. Mike Shaw recommended an amount of $20,000.00 for the future seeding and the as-built plans. Town Board held discussion, agreed to Mr. Shaw's recommendation and to move forward with the resolution. RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 475, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT Queensbury Water (40) Quaker Road Sewer (32) $50,000.00 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION CLARIFYING AND AMENDING RESOLUTION NO. 199 OF 1994 RESOLUTION NO. 476, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously authorized the retention of the services of Malcolm Pirnie, Inc. for the purpose of providing consultation in connection with the Town's preparation for advertising for bids in closing of the Landfill and other general consulting services by Resolution No. 199 of 1994, and WHEREAS, after the adoption of said Resolution, the Town Board of the Town of Queensbury thereafter adopted two further Resolutions authorizing additional work by Malcolm Pirnie in connection with the Landfill Closure Fund, and WHEREAS, the Town Board of the Town of Queensbury has been advised that there has been some confusion concerning the billings submitted by Malcolm Pirnie and a question has arisen as to whether the first billing for work performed by Malcolm Pirnie in accordance with Resolution No. 199 of 1994 should be considered separate and apart from a later contract that was entered into between the parties, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it was its intention, by adoption of Resolution No. 199 of 1994, to authorize the retention of the services of Malcolm Pirnie for professional services provided during the month of April to perform design review and that this service was not to be considered part of the later Contract and amendment to the Contract of Malcolm Pirnie and that, therefore, as a result of the Resolutions adopted by this Board to date, Malcolm Pirnie should be paid the total sum of $1,960.00 as a result of Resolution No. 199 and $40,800.00 as a result of Resolutions numbered 226 and 322 of 1994, and BE IT FURTHER RESOLVED, that Resolution No. 199 is clarified and amended to the extent provided in this Resolution. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None ATTORNEY MATTERS 8:31 P.M. Attorney Dusek referred to the Nolan property land dedication, the parcel located where the sewer pump station was originally to be located. Noted that there is an issue of back taxes due on the property in the amount of $381.00 and that there's a question as to whether the town is willing to pick up the back taxes for the property. Town Board held discussion, agreed to hold from taking action and discuss further at the next workshop. DISCUSSION Executive Director, Mr. Martin spoke to the Town Board regarding the need for a temporary clerk to replace the clerk who is taking a leave of disability. Noted that he offered the position to the person on the civil service preferred list and that she declined because it's only temporary however she indicated that if it becomes permanent, she would be interested. Recommended hiring Alberta Steans, the dog enumerator, to fill in the position. She does have the background, is familiar with the office and word perfect. Town Board held discussion and proposed the following resolution: RESOLUTION APPOINTING TEMPORARY CLERK RESOLUTION NO. 477, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall RESOLVED, that the Town Board authorizes Mr. Martin to employ the person occupying the dog enumerator position on a temporary full time (40 hours per week) basis and to distribute the work between the dog enumeration and other functions that he needs taken care of in his office accordingly. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None OPEN FORUM 8:45 P.M. Mr. Dave Kenny, resident and also member of the Queensbury Business Association spoke to the Town Board regarding the change proposed to be made by the Planning Board involving the submission date for an application. The proposed change being from the last Wednesday of every month to the third Friday of every month. Noted concern that this will cause alot of hardship. Questioned why people were not told of this change? Executive Director, Mr. Martin-Noted that we have a mailing list of people who do business frequently with the town and those people were sent letters notifying them of the change about a month ago. Councilman Caimano-Questioned the purpose for the change? Executive Director, Mr. Martin-Noted that this is on for discussion with the Planning Board tomorrow night but the primary purpose was because they were not getting staff notes in time. Quite honestly, I think there's some adjustments that can be made at our end. I would like to try that alternative myself personally before making this kind of a change. Town Board held discussion and agreed with Mr. Martin's statement, the situation should be resolved internally. Councilman Monahan recommended that the staff notes be available to the Planning Board members prior to the site visits. Mr. Kenny-Questioned who has the right to decide what date? Does the Planning Board have that right or power? Councilman Caimano-Since Jim sets those rules and regulations, based upon an administrative function and since he works for the Town Board, then this is where it begins and ends. I don't think the Planning Board sets those time limitations. Attorney Dusek-Under town law, they do have a right to set rules and regulations but they are subject to approval by the Town Board. Councilman Monahan-I'm not sure what's in the policies and procedures that the Town Board approved for the Planning Board, we may have given that right. Councilman Caimano-So, you need to look that up but we need to keep paramount though the fact that the reason for all of this is for the citizens and we first ought to clean our house before we beat up on the citizens. At least that's the way I feel and I think you ought to relay that to the Planning Board. Before you make the rules and regulations we all have to remember who we work for including the Planning Board and all of us here. We work for the general citizens. Let's make things easier for the citizens. Executive Director, Mr. Martin-I remember I was given a list of things when I came into this position of trying to achieve and one of those was making the process easier and this seems to contradict that. Attorney Mike O'Connor, Member ofQBA-Questioned how this rule was changed other then the letter? The Board didn't have a public hearing to adopt new rules and regulations and they would have avoided alot of the problems that they are creating if they had some public input. There are some people that are on the agenda tomorrow night for various stages of subdivision approval and now they're going to be told that they can't resubmit even if it's a technical resubmitting until November. Executive Director, Mr. Martin-The way the submission date used to be, one Planning Board meeting would some times fall after the submission date and the board in the past, if someone wanted to be considered for the very next month, they would give them special consideration with an individual submission date to get the material in by so they can be considered on the next month. Maybe that's something we can do in just this interim. Attorney O'Connor-I hope they would but again, there are people out there either in the Builders Association or the QBA that are willing to be part of the system and give you some input when rules and regulations are going to be adopted that effect them. I'm just saying that part of this could have been avoided. Executive Director, Mr. Martin-I agree, the process could have been alot better. Attorney O'Connor-The other question I would respond to was Mrs. Monahan's suggestion that a member of the staff or that the staff comments go with the Planning Board members prior to their site visits. My experience is that sometimes those staff comments are so far outside of reality that they certainly put out an air of poison to some applicants in some applications. Councilman Monahan-I will only tell you what some board members have said to me that they wished that they had them at the time because then they would have looked at, they might not have agreed with staff, don't misunderstand me but at least they would have looked at it so they knew whether or not they did agree with them. Mr. Kenny-One other concern is the transient merchant law, what's the status of that? Councilman Monahan-It's almost finished, we've got about two areas to refine. Supervisor Champagne-We're within twenty percent of completion. Executive Director, Mr. Martin-Less then that I would say. Mr. Kenny-It would be nice to get some business people involved in it. I don't know whose involved in it. Executive Director, Mr. Martin-The Planning Committee has primarily been involved and Darleen, the Town Clerk. Mr. Kenny-Thirdly, is a sign on Route 9 with advertisement that people consider false advertisement. Attorney Dusek-We evaluated that against our sign ordinance and at one point, is was during the course of the summer, the offer actually expired and there's a provision in our ordinance that says, you give them thirty days notice and then we can cause it to be taken down. What happen was at the very end of thirty days, a new sign went up with different ledger. The sign as it is written, in my opinion, at least as far as our sign ordinance goes, I don't find a violation at this point with the new sign. So we did look into it and we checked it out carefully against the sign ordinance. I believe there has been some proposed amendments to the sign ordinance that was sent to the Planning Board. Mr. Kenny-One comment, we could have a sign ordinance for those types of particular signs, which would be considered off premise signs like the signs that are up and down Route 9 on no particular business, advertising other areas, taking tax money dollars out of the Queensbury town, we could have a tougher ordinance on them. Councilman Monahan-I agree with you. Mr. Cullen O'Brien, Hiland Avenue, Queensbury-First of all, thank you for the water in the fourth ward. When are we going to be told what we're going to pay for it? Attorney Dusek-There will not be an additional charge for the change that has been made, the connections and the reason for that is, they had sufficient funds in their budget as I understand it to cover that cost. So, that cost won't directly translate into an increase. Now of course, there will be the part of having to pay for the water from the plant and that is yet to be worked out for a couple of reasons. One is that, the first emergency authorization that was given by the town was just to do that emergency hookup. The second thing is, it was planned to have a meeting that would actually deal with the district laws in setting this whole thing into place for the emergency and that meeting is currently scheduled for October 3rd which will address some of these issues at least to the extent of where we're at with the emergency remedy. There will be yet another proceeding for the permanent measure and that's going to be the one that really gets into the nitty gritty, tax increases, total costs for all of the work and everything else. The engineers are currently working on all of the reports and what will have to be done to bring the district it up and keep it as a permanent part of the Queensbury Consolidated district. Right now, it's not a permanent part, it's only a temporary fix and I think I can even go so far as to say that even the cost of the water could be absorbed by the surplus that was in the West Glens Falls budget at this point from my knowledge of what the budget was. I mean, I would be very surprised if it couldn't be. You can't hold me to that because I haven't seen what they're showing for total projections of water and costs but it was quite a significant surplus to cover the emergency measure. So, when the board moved ahead with it, from a legal standpoint, I didn't have any problem with it. Your questions are well posed for when they get to that permanent solution which they will have to hold an additional public hearing on that. So, there's actually going to be two public hearings. The temporary one coming up which will address some of the issues but not all of them, the permanent fix later will actually address the hard core questions, taxes, costs, everything. Deputy Water Superintendent, Mr. Ralph VanDusen-It's my understanding that the fund balance is sufficient to get us through the short term but certainly not to carry us through the long term. Mr. O'Brien-What would you consider short term? Deputy Water Superintendent, Mr. VanDusen-Short term would be basically what we've done so far, just minimal connections that would be necessary to change the source from the city to the town. Long term would be replacing some of the small pipes there, several of the water mains in the street that are inch and a half, two inch, three inch, four inch. Fire flows are very, very low. Water quality and pressure are poor, as a result of that. Over the long run and this could be a multi year project, gradually those smaller mains would need to be upgraded to larger, to be able to handle better flows. Executive Director, Mr. Martin-We're also looking into the possibility of obtaining small cities grant funds for those to help defray the costs of those repairs. We have to do an income survey of the targeted area. That's been put out already and if we can get those back by the end of this week, we can get an application in for urgent funding. We may know as early as the end of October. Supervisor Champagne-During the public hearings, if the neighbors feel that they wanted to go back over to the Glens Falls supply, is that an option? Deputy Water Superintendent, Mr. VanDusen-Anything is an option. It's one of the cost alternatives that was looked at by the engineers. Mr. Ed Oudekerk, 88 Meadowbrook Road, Queensbury-Spoke to the Town Board regarding drainage for Meadowbrook Road. Referred to the brook that runs from Meadowbrook Road to Cronin Road to Halfway Brook which is totally plugged. The water comes from Ridgedale, Everts Avenue, all those places into the brook under Quaker road and into my backyard. I'm flooded and have pictures here to show. Back in the late forties, the Town of Queensbury dynamited that brook from Meadowbrook Road to Halfway Brook. Once after that it was dug out by Tom Rogers and since then, nothings been done to it. Since then, they've put all this blacktop on Quaker Road, all the buildings, all the businesses which makes more water runoff and we're getting it. (shared pictures with the board) Executive Director, Mr. Martin-The problem is, there's been alot of siltation down through that stream due to the increase runoff from the roads and things, and it's lowered the depth of the stream to the point where it's lowered it's capacity. I saw it over flow in July like I've never seen it and especially in July, it was incredible. Highway Superintendent, Paul Naylor-I designed a system, gave it to the State of New York and they're still looking at, that was seven years ago. Councilman Monahan-Do you have a copy of it? Highway Superintendent, Mr. Naylor-I called Warrensburg and I detailed how I wanted to do it. They said they would be glad to come down, it was a perfect idea and they would be down to discuss it with me. Seven years ago and they haven't showed up yet. Executive Director, Mr. Martin-Recommended to the Supervisor that it could be another good capital improvement project. Supervisor Champagne-This is a protected stream, right? Executive Director, Mr. Martin-Yes. Mr. Oudekerk-There's no stream there anymore. Executive Director, Mr. Martin-I know the County had to get extensive permits from DEC when they did the widening of Quaker Road because they did alot of work on that brook. Councilman Monahan-They moved that brook. Executive Director, Mr. Martin-Right, where it came from Hovey Pond. Town Board held discussion and it was agreed that the Supervisor along with Paul Naylor contact DEC in Warrensburg to see what could be done to help resolve the situation. Mr. Matt Congdon-I'm the Executive Director of the Glens Falls Area Youth Center. I'm here tonight to express my disappointment on the proposed funding cut for the youth center. Currently the youth center has over thirty-five hundred members, five hundred and forty-four of them reside in the Town of Queensbury. In turn, Queensbury allocates three thousand dollars to the youth center. This equals five dollars and fifty cents per individual for the entire year. The youth center provides a variety of recreational and educational programs for these youngsters. Programs that include atl1letic teams, dances, a prom, weightlifting, arts and crafts. We also serve a daily meal, provide ajobs program and a speakers bureau on pertinent teen issues as well as many other activities. The purpose of the youth center is delinquency prevention and since our target population is disadvantaged youth, all of our programs are free to our youngsters. Most of the kids who come down to the center, come down to recreate and enjoy the company of their peers. But the serious problems facing our teenage population are increasing. On a regular basis, we deal with problems like suicide, teen pregnancy, sexual abuse, criminal activity, AIDS, drug and alcohol use and an increasing amount of school truancy and dropouts. But the greatest problem that we see is the number of youngsters in our communities that are unwanted and they're unwanted almost every place that they go by their peers, by many of their teachers and even by some of their own families. This is the youth center's main function to provide a facility where kids are truly welcomed and wanted. These are the youngsters that are going to have the greatest impact on our communities because these are the kids that are going to live here their entire life. So, if we inspire them today, we can count on the quality of life in this community increasing. Now I realize, I've been at the youth center for ten years and I realize that these youngsters have no political power. Usually, they're the last people to receive money and the first to have it taken from them and I'm asking you folks, this Town Board to be leaders who do not forget about our most important resource, our youth. If I wasn't serving people from the Town of Queensbury and I didn't need your help, I promise you that I wouldn't ask for it but since both are true, I'm asking you to keep us in your budget. Thank you. Councilman Monahan-Mr. Congdon, what are your hours of operation? Mr. Congdon-Monday through Thursday, we're open from two thirty to nine thirty in the evening and on Fridays and Saturdays we go from two-thirty to ten. The reason we do that is we try to promote an educational atmosphere, we want our youngsters in school or a GED program or some time of vocational training. Councilman Monahan-Is the hot line out of your organization? Mr. Congdon-No, that's through the Voluntary Action Center. Councilman Monahan-Thank you. Mr. Lew Stone, Queensbury-Recommended that a short synopsis explaining each resolution be given for the public's information. Town Board held discussion and agreed with Mr. Stone's recommendation. Mr. John Salvador-Questioned whether the town has received the schedule of events from Fred Austin regarding the Warren County proposal for North Queensbury Sewer? Supervisor Champagne-No, I have not received the schedule at my office. Mr. Salvador-Will the town participate and comment on this? Do you have a position? Supervisor Champagne-Once we get the schedule and once we know what they're expecting of us, yes. Mr. Salvador-Referred to the public hearing scheduled for the 29th regarding the proposed Hudson Park and questioned whether the town has any cost figures? Councilman Monahan-Noted that the hearing scheduled is an informational hearing not a public hearing and the proposed park is only at it's conceptual stage, whether or not they even want a park. Mr. Salvador-Questioned whether the town is going to be reimbursed for the help provided to the City of Glens Falls for their cleanup project? Supervisor Champagne-The town is not involved. We offered our help, they were able to get better service for less cost from the County and the County is very much involved. Mr. Salvador-Referred to the resolution passed earlier in the meeting paying the OSHA fines and questioned why the town is paying the fine? Supervisor Champagne-The law read at that point in time, the town will be responsible for any penalties or citations against any municipality or town or fire company or rescue company. That law has been changed. Mr. Salvador-That's signing a blank check. Councilman Monahan-That's because that's the way the law was at that time, the law at that time made us responsible. Now the law has been changed and we're no longer responsible. Mr. Salvador-Are we making any progress with thought of privatizing emergency and fire services in this town? Councilman Caimano-We're working on it. Mr. Salvador-Will this budget reflect any of the fruits of the work? Supervisor Champagne-We hope so. Mr. Salvador-The Crandall Library budget and ballot proposition, don't they have a public hearing on their budget? Attorney Dusek-There was state legislation that was adopted, I'd be happy pull out a copy for you. Mr. Salvador-I have it. Attorney Dusek-It would say right in there whether or not they're required to hold one. Councilman Monahan-If our share goes up, if the proportion changes, if the budget goes up, I think they need one but if it goes down, I don't think they need one. There is some protection within that legislation so that there is a public hearing on all that. Supervisor Champagne-Suggest you call the library to see whether or not they've held it but I'm not aware of whether they did or not. Mr. Salvador-Questioned the status of the Stormwater Management for North Queensbury? Executive Director, Mr. Martin-It's on for discussion with this board next Monday afternoon. Mr. Salvador-Referred to the West Glens Falls District, between the time they're getting water and we expended the seven thousand dollars for the emergency hookup and the time that you finally determine what it's going to cost them, who pays for it? Councilman Pulver-They're going to pay for that water. Mr. Salvador-Not knowing how much it's going to cost them? Councilman Monahan-They are already committed to pay a certain amount to Glens Falls and that money will still be collected from them to go towards Queensbury, as I understand it. Ralph, is that correct? Deputy Water Superintendent, Mr. VanDusen-The Queensbury District will bill the West Glens Falls District for water that they have consumed. The residents of the West Glens Falls District will receive a bill in November, just like they always would based on, unless something happens between now and the time that bill goes out, the bill will be exactly the same as it's been. Mr. Salvador-What if your cost is more? Deputy Water Superintendent, Mr. VanDusen-Then that loss would be born by the West Glens Falls Water District. Mr. Salvador-They will have to make that up? Deputy Water Superintendent, Mr. VanDusen-Out of their fund balance, that's correct. Mr. Salvador-So in reality, they're getting water today, they don't know how much it's costing them per gallon? Deputy Water Superintendent, Mr. VanDusen-That's correct. Mr. Salvador-Okay, and they will have to pay what ever it is? Councilman Pulver-Right. Mr. Salvador-Will they be charged a capital cost, a portion of the capital investment in the Queensbury plant? Deputy Water Superintendent, Mr. VanDusen-Assuming they continue to get water from Queensbury. Mr. Salvador-The capital cost? Deputy Water Superintendent, Mr. VanDusen-Certainly. Councilman Monahan-All water districts pay a share of that. Mr. Paul Naylor, resident of the Town of Queensbury-I read in the paper that the county is going to help the city. Do we pay thirty-five percent of the county taxes? Councilman Pulver-Thirty-three percent I think it is. Mr. Naylor-So we're paying thirty-three percent that they haven't got to pay us back? Supervisor Champagne-I guess that would be the case, yes. Mr. Naylor-Now, their sales tax doesn't come back to me and you, right? They keep their own? Supervisor Champagne-We keep our own, right? Councilman Monahan-No we don't. Mr. Naylor-The city keeps all their own, they don't share with any of us. Councilman Monahan-The city is a line by itself on the sales tax report, one and a half percent goes directly to the city. Ours is not divided that way. Mr. Naylor-Are you sure it's not three percent? As a taxpayer, I want my County Supervisor to make my thoughts known, that I paid for thirty-five percent of that. Mr. Randy Nicholson-I'm an employee of Seeley Machine and I'd like to speak positively on behalf of my boss and the Seeleys, they're very good people to work for. For the amount of time I've been working for them, they've been trying to expand, we're ready to expand and we need to expand in the market to survive. It seems like the Town of Queensbury isn't backing them. I would appreciate to see a little more support in the local business. I have a family, I've been in the unemployment line, I don't want to be there again. That's all I have. Supervisor Champagne-Thank you. OPEN FORUM CLOSED 9:40 P.M. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 478, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R. George Wiswall RESOLVED, that the Audit of Bills appearing on Abstract September 19th, 1994, numbering 94- 330200 through 94-375700 and totalling $500,889.83 be and hereby is approved. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano Vendor # 000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 479, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss; a matter that deals with potential questions concerning whether the town should acquire certain property which could effect obviously the value of the property, also there are legal issues, attorney client privilege, also potential litigation, one matter of personnel, a particular person as an employee of the Town of Queensbury, matters leading to possible job changes, a matter concerning bonding for the town and client and privilege in reference to those bonding issues for the town and one personnel matter. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 480, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN RESOLUTION NO. 481, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 19th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY