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1994-12-05 REGULAR TOWN BOARD MEETING DECEMBER 5, 1994 7:00 P.M. MTG#69 RES# 602-617 BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. George R. Wiswall Councilman Nick Caimano Councilman Carol Pulver TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Rick Missita, Jim Martin, Dave Hatin, Kim Heunemann PRESS Post Star SUPERVISOR CHAMPAGNE-Opened meeting. PUBLIC HEARING COMMUNITY RESIDENCE W ARREN-W ASHINGTON ARC LEDGEVIEW DRIVE\LEDGEVIEW VILLAGE OPENED 7:04 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak on behalf of the Community Residence to be located at Ledgeview Village? Yes, ma'am? KATE VANDERZEE-Executive Director of Warren-Washington ARC. I'd be more than happy to answer any questions the Board may have regarding the proposed IRA in Ledgeview Park. COUNCILMAN MONAHAN-I wish you would explain it a little bit, please. MS. VANDERZEE-The proposed IRA is located within the confines of Ledgeview Park.... COUNCILMAN MONAHAN-Excuse me what to you mean by IRA? MS. VANDERZEE-I'm sorry. IRA stands for Individualized Residential Alternative. IRA's are designed to be different than the traditional community residences model where we would have a house an attempt to fit people into that house. An IRA is designed to meet the needs of specific individuals. It just so happens that the specific individuals are the son and daughter of Mr. Hughes and the Hughes family is intimately involved with Ledgeview Park. The individuals who would be living in that home we hope are well known to all of the other members of that community. Everything about the house is designed to meet the needs of those individuals. The IRA that's under proposal is for two persons verses a community residence which typically is for more than that number. COUNCILMAN MONAHAN-Is there also, I understand an apartment for a care giver in that residence or no? MS. VANDERZEE-The way the house is designed it's almost as if there are three suites, it's 2,800 square feet of house. There is a suite for the Ms. Hughes on the opposite end of the building there is a suite for her brother, it's like a bedroom and a sitting room and a bath. In the middle there is a bedroom, sitting room, and bath for a couple who would live there and provide care. COUNCILMAN MONAHAN-At the time when the Hughes children no longer needed this residence then what would happen to it? MS. V ANDERZEE-Ifit were to come to pass that the Hughes children no longer needed that residence then I'm sure that it would be up for lease or occupancy by someone else who wished to live within Ledgeview Park. ARC is not intending to buy this property we're only intending to lease this property. COUNCILMAN MONAHAN-So this would be a temporary lease for the lifetime of these children? MS. VANDERZEE-Temporary lease for the lifetime of these children. COUNCILMAN MONAHAN-After that then anyone, I mean it could have any use it wouldn't necessarily be through an ARC use? MS. VANDERZEE-This site is particularly desirable because of the needs of these two individuals. It may not be desirable for other people, I mean from my perspective. It is a perfectly lovely and gorgeous house it's suited specifically to the needs of this family. COUNCILMAN MONAHAN-Thank you. SUPERVISOR CHAMPAGNE-Any other questions on behalf of the board? Anyone in the audience here to speak for or against it? Jim Martin and I did visit the site, I guess a couple of months ago and very favorably impressed. I think that Mr. Hughes has done a remarkably great job and certainly the two children the Hughes family certainly will benefit considerably and will be well served. COUNCILMAN MONAHAN-Does this require any zoning variances or anything like that? EXECUTIVE DIRECTOR, MR. MARTIN-No, not in the contexts of Ledgeview Village it's fine. SUPERVISOR CHAMPAGNE-Multi-family actually, right? EXECUTIVE DIRECTOR, MR. MARTIN-Not the particular configuration of this house. SUPERVISOR CHAMPAGNE-So it wouldn't be identified as multi-family? EXECUTIVE DIRECTOR, MR. MARTIN-Right. SUPERVISOR CHAMPAGNE-I guess we'll close the public hearing. PUBLIC HEARING CLOSED 7:09 P.M. THE FOLLOWING RESOLUTION WAS APPROVED RESOLUTION RESPONDING TO WARREN-WASHINGTON ARC LETTER OF INTENT RESOLUTION NO.: 602,1994 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury was notified by the Warren-Washington ARC of its interest and intent to establish a community residence for mentally retarded and developmentally disabled persons at Ledgeview Drive, Ledgeview Village, off Route 149, in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury, as allowed and provided by State Law, held a public hearing, whereat representatives of the Warren-Washington ARC were provided an opportunity to make a presentation concerning the establishment of a community residence at Ledgeview Drive, Ledgeview Village, off Route 149, in the Town of Queensbury, and interested citizens were allowed an opportunity to be heard concerning the establishment of such residence, and WHEREAS, the Town Board of the Town of Queensbury has recognized the importance of and the need for residences for the mentally retarded and developmentally disabled and also notes that citizens speaking at the aforesaid public hearing also indicated an understanding of the need for the same, and WHEREAS, Section 41.34 of the Mental Hygiene Law of the State of New York provides that the municipality shall have 40 days after receipt of the aforesaid notification to provide various responses, and WHEREAS, the law also provides that the response shall be forwarded to the sponsoring agency and the Commissioner, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after duly and carefully considering the notification provided by the Warren-Washington ARC of its interest and intent to establish a community residence for mentally retarded and developmentally disabled persons at Ledgeview Drive, Ledgeview Village, off Route 149 in the Town of Queensbury, hereby determines it appropriate to take the following action and make, by this resolution, the following response: 1. Support/Object to the establishment of the facility at Ledgeview Drive, Ledgeview Village, off Route 149, in the Town of Queensbury, upon the grounds that Mr. and Mrs. Hughes are looking to the future needs of their children and providing for them within the contexts of family property to make sure that they will be properly cared for during the children's lifetime. We commend Mr. and Mrs. Hughes for making this provision for the children; and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to forward this Resolution with a cover letter to the sponsoring agency and the Commissioner and indicating the same as the municipality's response to the notice received by the Warren-Washington ARC. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES:None ABSENT:None DISCUSSION NORTH QUEENSBURY VOLUNTEER FIRE COMPANY - PURCHASE OF TRUCK Representative from North Queensbury - Fred McKinney Truck Committee Member-Dan Davies Chief - James Schoonover Asst. Chiefs - Pete Carr, Waite Cowles, Larry Fischer Mr. McKinney-Spoke to the Board regarding the purchase of a rescue truck. Noted the present truck is 18 years old, not adequate, not serving the needs of the district and cannot carry the proper equipment due to storage. It does not meet NFP A standards or New York State Department of Transportation Safety Requirement. Proposing to purchase a new 1995 Salisbury Heavy Rescue Truck. This truck will be a primary first line response vehicle. It will respond to ninety-five percent of the fire calls within the district, it will include six major purposes. First fire calls, will offer manpower and support, offer lighting. It will have the capabilities of doing rehabilitation both in winter and summer for members. It would respond to motor vehicle accidents. It would respond to emergency medical calls to assist the North Queensbury Ambulance. It would also respond to hazmat and pollution control calls within the lake. It would handle ice rescue, water rescue, and mountain rescue and searches and would also serve as a command post. Noted that North Queensbury has been a conservative department and has tried to keep the budget within line over the years. This truck is coming in at a cost of $239,512.00, noting that often a truck of this size would come in at $350,000, plus. Payment of this truck will be in the form of our capital reserve fund, have had this fund for the last six years earmarked for a new rescue truck. Assured the Board that there would be no additional borrowing or bonding to purchase this truck. Requested the Town Board to support them in the acceptance of their proposal. COUNCILMAN MONAHAN-Noted that North Queensbury had two to three accidents last year that showed the need for this truck and type of equipment they are going to carry on it. They serve an unusual area with the lake and the terrain. Commended North Queensbury for saving the money, noted her support regarding the purchase. SUPERVISOR CHAMPAGNE-Noted his support regarding purchase. The following resolution was passed. RESOLUTION APPROVING FIRE COMPANY EQUIPMENT PURCHASE RESOLUTION NO.: 603,1994 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc., have entered into an agreement for fire protection services dated December 20, 1993, and such agreement is still in full force and effect, and WHEREAS, said agreement sets forth a number of terms and conditions, including an agreement that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus or equipment at a cost exceeding the sum of $50,000.00 without prior approval of the Town Board of the Town of Queensbury, and WHEREAS, the North Queensbury Volunteer Fire Company, Inc., has indicated its desire to purchase a new RescueIFire Truck for the approximate sum of $240,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the new RescueIFire Truck for the approximate sum of $240,000.00 by the North Queensbury Volunteer Fire Company, Inc., provided, however, that the Town Board of the Town of Queensbury shall not and does not, by this resolution, create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing referred to herein. Duly adopted this 5th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTIONS RESOLUTION APPROVING MINUTES INTRODUCED BY: Mr. Fred Champagne NO ACTION TAKEN WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver DISCUSSION HELD Discussion held regarding approval of minutes. It was the decision of the Town Board to await Attorney Dusek's opinion regarding the procedure for approval of minutes. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SUPPLY AND INST ALLA TION OF AIR CONDITIONING SYSTEM RESOLUTION NO. 604, 1994 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing bids for the supply and installation of an air conditioning system in the Queensbury Activities Center, which system is more specifically identified in the proposed bid specifications submitted at this meeting, and WHEREAS, pursuant to § 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said supply and installation of an air conditioning system in the Queensbury Activities Center be published in the official newspaper for the Town of Queensbury and that such advertisement indicate iliat bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than January 9th, 1995, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen M. Dougher, Town Clerk of the Town of Queensbury is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., January 9th, 1995, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None RESOLUTION RESCINDING RESOLUTION NO. 553 AND AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY ROBERT NEMER/PETER NEMER (TAX MAP NO. 109-3-27.2) FROM LI-IA (LIGHT INDUSTRIAL - 1 ACRE) TO HC-IA (HIGHWAY COMMERCIAL - 1 ACRE) RESOLUTION NO. 605, 1994 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Robert Nemer/Peter Nemer petitioned the Town Board of the Town of Queensbury for a zoning change of their property (Town of Queensbury Tax Map No. 109-3-27.2) from LI-IA (Light Industrial- 1 Acre) to HC-IA (Highway Commercial- 1 Acre), and WHEREAS, on August 23, 1994, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petition, and WHEREAS, a public hearing was held on this matter on November 7, 1994, and WHEREAS, the Town Board of the Town of Queensbury made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury considered the conditions and circumstances of the areas to be rezoned and determined that the following uses should not be included as allowed uses as a part of this rezoning: public parking garage, drive-in theater, commercial boat storage/repair and sales, golf driving range, amusement center, recreation facility operated for profit and thereafter by resolution no. 553, 94, approved and authorized the rezoning of the subject property from Light Industrial - 1 Acre to Highway Commercial- 1 Acre, subject to the exclusion of the aforementioned uses, and WHEREAS, the owners of the rezoned property have contacted the Town Board and have indicated a concern that it was not appropriate to limit certain uses of the property as part of the rezoning, as more specifically identified hereinabove, and WHEREAS, the Town Board of the Town of Queensbury has duly reconsidered the matter, including the fact that all adjoining property can be used for any of the uses listed in the Highway Commercial Zone, including the uses that were excluded from the rezoning described hereinabove, and WHEREAS, the Town Board of the Town of Queensbury, upon reconsideration, has determined that it is not necessary to exclude the uses from the parcels to be rezoned, and that a resolution amending the previous resolution would not be in contact with the Notice of Public Hearing that was originally advertised in connection with this rezoning, NOW, THEREFORE, BE IT RESOLVED, that resolution no. 553, 94, is hereby rescinded and declared to be of no effect and that this resolution shall be determinative of the rezoning of the property described hereinabove, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Robert Nemer/Peter Nemer (Town of Queensbury Tax Map No. 109-3-27.2) to HC-IA (Highway Commercial- 1 Acre), thereby authorizing all uses permitted under Section 179.23 of the Town of Queensbury Zoning Ordinance, and BE IT FURTHER, RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and the Town Clerk is authorized to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change of zone and send a copy of this Resolution to the Executive Director of Community Development for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby directed to mail or send a copy of this Resolution Amending the Zoning Ordinance with a letter advising that the Town of Queensbury Zoning Ordinance has been amended as set forth herein, instead of in the manner previously authorized, to the applicant, if any, Warren County Planning Board, The Town of Queensbury Zoning Board of Appeals, the Town of Queensbury Planning Board, the Director of Building & Codes, and any agency which was an involved agency for SEQRA purposes, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article 11 of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect ten (10) days after said publication. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: Mrs. Monahan ABSENT:None DISCUSSION HELD BEFORE VOTE COUNCILMAN MONAHAN-I have some comments. I did some driving around today as part of my research. I also looked at Staff Notes on this and I think your well aware of that this backs up to Windy Hill Road, Windy Ridge. I'm not sure what the impact would be on any residences in the Ridge Road area it was pouring rain so I didn't get out and stand on the hills. One of the comments by staff was this was as compatible as the light industrial would be. But noted that this in contact with single residential zones, did note around it is highway commercial. I think when you do a rezoning or any change in your planning if you look at your Master Plan it is to show a benefit to the community. Your not trying to benefit the applicant your trying to benefit the community. I think if your going to do anything to a plan it should better that plan. I think that was the philosophy of why we took out uses that perhaps now would not be compatible in that area as they could have been compatible back in eighty-eight before some of these other things took place. I still maintain that I don't think the uses of public parking garage, drive-in theater, I'll just remind you of the trouble we're having up at the Mooring Post in Cleverdale because of the height. I wonder what the residential and I wonder what the highway commercial occupants that are already there would think of having something like a drive-in theater on that lot. Same way with commercial boat storage repair and sales. Golf driving range you've got a certain danger with that. Your amusement center the high lights could be light pollution and I think that's why we took out that and recreation facility operated for profit. Those, I think were perfectly logically reasoning that we went through why we took those uses out. As I looked at the application of the applicant and the uses that he wants to make of that I wonder what their objection is. In fact, I know by going to all highway commercial the same thing as staff noted that they cannot now do one of the uses that they wanted to use and they can't have warehouses there. COUNCILMAN CAIMANO-Nothing that you said, though I disagree with and I agreed with you the first time through and it's a shame that for other personal reasons you could not be there when the argument happened at the other meeting. But, the one thing that was brought home to us and it makes perfectly logical sense to me is the fact that government has put itself in the middle of commerce, and that is by denying certain portions of highway commercial to this applicant we are putting him or her if it happens to be a her at a disadvantage to everyone else that's on that road that has highway commercial. We are making something different and I don't think government was ever meant to do that. I understand why you want to do what you want to do and I agree with you. If we were to take the entire block and eliminate those things from all of the highway commercial then I think we'd be on solid ground. But, when we take one applicant and reduce his or her abilities against other applicants with the same value on their land then we have put ourselves into a commercial operation and I don't think that's where we belong. COUNCILMAN MONAHAN-I guess it goes back to what I said Nick. When you do anything like a rezoning you should do it better than what you have been doing. If you keep repeating your mistakes your not doing better. It's like if you went to a doctor and said, only thirty years ago you had aspirin for my child so don't give it the antibiotic. I've heard the same argument from developers with road standards. You've got Cleverdale Road you've got Rolling Ridge Road, why are you making me do these new standards? Because we know now those standards didn't work and we don't want to repeat the mistake. COUNCILMAN CAIMANO-I don't want to disagree with you, but use your example of the drive-in movie theater. We would deny the Nemer property being used for a drive-in moving theater, but the property right next door should they choose to do so could put a drive-in movie theater there. COUNCILMAN MONAHAN-You say could. COUNCILMAN CAIMANO-It's part of that zoning. COUNCILMAN MONAHAN-I'm going to quibble with you there a little bit because that would again depending on the Planning Board. The Planning Board does not have to allow all of the uses that are there. COUNCILMAN CAIMANO-No, but they would have the right to go to the Planning Board with it where the Nemers would not have a right to go to the Planning Board with it and that's what bothered me. Everything you say is right except for that. I don't like government being in the middle of a commercial fight where we put one person at a disadvantage to another, I don't think that's where we belong. SUPERVISOR CHAMPAGNE-Any further discussion? NEMER RESOLUTION PASSED COUNCILMAN MONAHAN-In case those uses ever go to the Planning Board, I would ask that my comments be included in total so that the Planning Board would have them if they did apply for those uses. COUNCILMAN CAIMANO-Actually, I think it would be interesting for the Planning Board to have minutes of this whole argument to see where it goes. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 606,1994 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne 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: ACCOUNTING: FROM: TO: AMOUNT: 01-1320-4400 01-1310-2001 50. (Misc. Contractual) (Misc. Equipment) ASSESSOR: FROM: TO: AMOUNT: 01-1355-4400 01-1355-1002 1,850. (Misc. Contractual) (Misc. Payroll) 01-1355-4400 01-1355-4090 125. (Misc. Contractual) (Conference Expense) 01-1355-4740 01-1355-1730 2,500. (Article 7) (Assist. to the Assessor) CEMETERY: FROM: TO: AMOUNT: 02-8810-2001 02-8810-4400 1,400. (General Equip.) (Contractual) COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-3410-4400 01-3410-4120 $ 100. (Misc. Contractual) (Printing) 01-8030-4400 01-8020-2032 300. (Misc. Contractual (Computer Software) Community Research) 01-8030-4400 01-8020-4050 500. (Misc. Contractual) (Books, Pubs. & Subsc.) 01-8030-4400 01-8020-4100 500. (Misc. Contractual) (Telephone Use) EMPLOYEE BENEFITS: FROM: TO: AMOUNT: 01-9030-8030 01-9010-8010 3,310. (Social Security) (NYS Retirement) SUPERVISOR: FROM: TO: AMOUNT: 01-1220-4010 01-1220-4050 100. (Office Supplies) (Books & Publications) 01-1930-4400 01-1950-4400 190. (Judgments & Claims) (Property Taxes) 01-1930-4400 01-6410-4400 70. (Judgments & Claims) (Publicity) 01-1930-4400 01-1340-4400 70. (Judgments & Claims) (Budget Officer - Misc. Contractual) SUPERVISOR: FROM: TO: AMOUNT: 01-1990-4400 01-9950-9074 5,400. (Contingency - Misc. (Transfer to CP-TO.B. Contractual) Imp.) WATER: FROM: TO: AMOUNT: 40-8310-4130 40-8310-4190 200. (Legal Services) (Admin. Refunds) 40-8330-1842 40-8320-1510-0002 800. (Lab Technician) (Water Plant Operator 2 - Overtime) 40-8330-1842 40-8320-1520-0002 3,500. (Lab Tech.) (Water Plant Operator 1 - Overtime) 40-8330-1842 40-8320-1841-0002 1,000. (Lab Tech.) (Lab Operator - OT) 40-8320-4400 40-8320-1970-0002 2,300. (Misc. Contractual) (Sr. Operator - OT) 40-8330-1842 40-8340-1460 5,500. (Lab Tech.) (Mechanic) 40-8330-1842 40-8340-1570 4,500. (Lab Tech.) (Maint. Man II) 40-8340-4310 40-8340-4340 200. (Hyd. Maint.) (Oper. Maint. Ctr.) 40-8340-4291 40-8340-4400 600. (Meters) (Misc. Contractual) 40-8340-4291 40-9010-8010 1,500. (Meters) (Retirement) and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RETENTION OF ADDITIONAL SERVICES OF PRESTON COMPUTER SERVICES RESOLUTION NO. 607, 1994 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously authorized an agreement with Preston Computer Services, which agreement provided that certain services would be performed at a cost not to exceed $1,400., and WHEREAS, the Town Board of the Town of Queensbury is now desirous of authorizing additional services in an amount not to exceed $1,000., for services to be performed on the following dates: November 29, 1994, December 6, 1994, December 9, 1994, December 20, 1994, and December 22, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves an amendment to the agreement previously entered into with Preston Computer Services consistent with the terms and provisions set forth in the preambles hereof, and with the understanding that the terms and provisions of the original agreement, except as modified hereinabove, will remain in effect in any amendment, BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized to draft an amendment to the contract with Preston Computer Services consistent with the terms and provisions set forth herein, and the Town Supervisor is hereby authorized to execute the same on behalf of the Town, and BE IT FURTHER, RESOLVED, that the cost of this Agreement, $1,000.00, shall be paid for from the General Fund, Data Processing Account. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 608,1994 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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 40 - Queensbury Water 98 - Water Plant 60,000. Fund Expansion 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 eamed on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO INSTALL STREET LIGHT AT THE INTERSECTION OF DIXON ROAD AND ZENAS DRIVE RESOLUTION NO.: 609,1994 INTRODUCED BY: Dr. George R. 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 a street light at the intersection of Dixon Road and Zenas Drive, in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that a 150 watt sodium street light be installed at the intersection of Dixon Road and Zenas Drive, 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 light shall be paid for from the Highway Safety Fund. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None RESOLUTION DESIGNATING DEPOSITORY OF FUNDS FOR TOWN CLERK'S OFFICE AND SIGNATORIES ON ACCOUNT RESOLUTION NO.: 610, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, by the Town Board of the Town of Queensbury that the Glens Falls National Bank and Trust Company be and the same is hereby designated as a depository of funds for this municipal corporation, and that the same be subject to check made in the corporate name signed by Darleen M. Dougher/Caroline H. Barber, and that a copy of this resolution certified by the Secretary, be transmitted to said depository, and BE IT FURTHER, RESOLVED, that the aforesaid officers of this corporation be and they hereby are authorized from time to time, for and on behalf of this corporation, to make, sign, and endorse, checks, drafts, agreements, or other instruments for purposes of maintaining and using, making deposits, and/or withdrawing from checking accounts, saving accounts, CD's, and other like or similar transactions, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to place the seal of the municipal corporation on this resolution and other certifications that may be necessary in connection with the actions authorized by this resolution. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY RITA FRASIER/FL YNN IS UNSAFE - TAX MAP NO. 102-1-22 RESOLUTION NO. 611, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. David A. Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as 692 Glen Street, Town of Queensbury, and bearing tax map no. 102-1-22, and has made findings as more specifically set forth in a letter dated November 9, 1994, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, the vacant structures on the property present a hazard and a nuisance to the neighborhood and are unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property secured if the property owner fails to board up said structures, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structures are unsafe and dangerous and thereafter order their repair or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 102-1-22, appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; and 3. Unfit for the purposes for which it may be lawfully used, and BE IT FURTHER, RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises, 2. A statement of particulars in which said structures thereon appear to be unsafe and dangerous, as set forth in Mr. Hatin's letter, 3. The Town Board feels, based on current information, that the structures should be boarded up and electric and gas shut off at the pole immediately. 4. Unless an emergency condition is demonstrated. 5. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on December 19th, 1994, at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 6. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the buildings are immediately repaired or torn down and/or demolished, and whether to authorize the Director of Building & Codes to immediately repair and/or tear down or demolish the premises and thereafter assess any charges to the real property as per §68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with the order of this Board to board up the structures located on said property, the Town Board is authorized to take action to have the property secured and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses. and BE IT FURTHER RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: Dave Hatin, Director of Building and Codes-Basically what happens is that this building has been vacated because of property in foreclosure and bankruptcy is that correct Paul? ATTORNEY DUSEK-It's technically not in foreclosure the owner is in bankruptcy. SUPERVISOR CHAMPAGNE-Give them a location Dave. MR. HATIN, DIRECTOR OF BUILDING & CODES-692 Glen Street is located behind Glen Beverage, Empire Video, it's two yellow buildings located directly behind those premises. What we have is basically a building that's open to the public if anybody wants to walk through it. The tenants when they left basically left the building unsecured. The owners have not secured the building therefore vagrants have been allowed to live in the building there is evidence of vagrants living in the building. I was there three weeks ago on an umelated problem with the property in front, took a walk through noticed gas leaking in the building so I requested Nimo to secure the gas. I also requested the Water Department to secure the water and I wrote that letter to Paul Dusek which I believe you have a copy of it dated November 9th, 1994. Unfortunately the legal nightmare that this property has gone through has made it difficult to get it to this point sooner. Hopefully tonight we will bring it to somewhat of an conclusion for this time. Just for the record, too, Paul Dusek had asked me to ask Queensbury Central Fire Department to go pump the basement. We spent two and a half hours there pumping Saturday and noticed that there is ground water coming into the basement. I went back there tonight and the groundwater level is back up close to where it was before so it's impossible to keep the groundwater out of there. It's seeking its own level in the basement because apparently there is no sump pump running right now. Originally we thought it might have been a water main break, but that since has been proven wrong. There is an exterior entrance and I'm going to ask with your permission, ask Pete to Board it up so that basically nobody can get near it or in the water. COUNCILMAN PULVER-My question is Dave once we determine that this property is unsafe and we board it up what's the next step? Supposing Mrs. Flynn wants to renovate the place and rent it out or something does she have to come back to the Town? Do we reopen this once we declare it unsafe? MR. HATIN, DIRECTOR OF BUILDING & CODES-I think, and Paul can correct me if I'm wrong. The resolution you have before you allows them thirty to sixty days to take corrective action under the closing of a building. I would think at that point that they have the opportunity to go back and fix up the building. There will be several renovations required. I don't know if anybody else has visited the property I have pictures here to show some of it. COUNCILMAN PULVER-It says commenced in thirty days. MR. HATIN, DIRECTOR OF BUILDING & CODES-There is extensive damage. But, what happens after that sixty days, I'm not sure Paul would it have to come back to the Town Board if they want to renovate or could that automatically happen? ATTORNEY DUSEK-In this particular case it's my understanding that because of the water situation as well as your concerns, correct me if I'm wrong, but it's your desire to request that the Board order that this building be boarded up immediately, like tomorrow. MR. HATIN, DIRECTOR OF BUILDING & CODES-Right. ATTORNEY DUSEK-Which I feel if the Board feels that this is an emergency type situation in light of the water problem you have certainly the ability to do that. Then you would just other than boarding it up, I guess there is not to much else to be done. Is there a disconnection of power or something that you want to do? MR. HA TIN, DIRECTOR OF BUILDING & CODES-The only thing I was going to request tonight just to be on the safe side I'd like to request Niagara Mohawk to disconnect the gas and electric at the pole and curb respectively so that should a problem occur there is no utilities going directly to the building. Right now those utilities go up to the building they are secured at the building. My concern here is that a vagrant gets in there and creates a fire situation. ATTORNEY DUSEK-Then what would happen next is there would still be a hearing mandated because this would be emergency relief that you would grant. Then you would still hold a hearing which case there is no considered time pressures so you could hold it on the nineteenth of December. Thereafter, that would stay that way until such time as somebody decides that they want to do whatever they want to do either tear it down refurbish it whatever the plans are. Your role in it would be done until or unless another problem arose with the place. COUNCILMAN PULVER-Once we have this boarded up then when you say we the residents and citizens of the Town of Queensbury live with this boarded up unsafe structure until someone decides to renovate it or tear it down in the future? ATTORNEY DUSEK-Usually one of several things could happen. Since the property is owned by a private person and that person is in bankruptcy right now, I think that the authority of the board is to make the situation safe as to boarding up and things of that nature. If the property was such that it was like totally useless could not be renovated and was falling in then I think you might have authority to tear it down and fill the hole. In this particular case I have heard nothing from Mr. Hatin to indicate that the building can't be refurbished. I think that the board, you have to be cognizant of the property owners right never going to far with what you do. You would board it up for now make sure it's not a problem and then Dave would keep an eye on it over the next period of time. If the building should deteriorate to cause further trouble you have to readdress it in that fashion or in the meantime hopefully once the legal issues are resolved for the property owner or whoever may take ownership of this building they'll do something with it. It's kind of like, you know Dave will have to just monitored it over the next couple of years. Like I said, if it reaches to a point where further action is needed then you have to take it at that point. But, you can never go to far with the infringement of the property rights. COUNCILMAN CAIMANO-Actually there is a calling of a public hearing sometime down the road. Not less than five, but which is ever later so at that point hopefully the applicant would appear and say, I'm going to do this or that or whatever and you'd have some idea where to go from there. ATTORNEY DUSEK-Just so you know from the indications I'm getting you very well may not see anybody at the public hearing. COUNCILMAN CAIMANO-But, at least we have that window open. ATTORNEY DUSEK-I think we have to afford them that opportunity to come and if they don't that's up to them. COUNCILMAN MONAHAN-Dave what about the water has the water been shut off so if we have a cold night the pipes won't break and start pouring more water in there? MR. HATIN, DIRECTOR OF BUILDING & CODES-The Water Department did that on November 9th. COUNCILMAN MONAHAN-Do you have to reword this for any reason so we can do the emergency. EXECUTIVE DIRECTOR, MR. MARTIN-Who pays for the boarding up and all that? ATTORNEY DUSEK-It goes on the taxes. COUNCILMAN CAIMANO- That's a good point Jim. That's the fact we are boarding up on a who knows for how long basis right in the middle of a key commercial area. I'm sure the rest of the tenants of that area would not like to have that boarded up building. There ought to be some end line to this whole thing. Either the owner fixes it up or it gets torn down or something. You can't leave a piece of junk there forever can you? ATTORNEY DUSEK-I don't think you can. That's what I'm suggesting that you got to take it step by step. The first phase is to make the remedy the emergency situation because I feel that's all the authority you have then the next step would be to go through the public hearing hopefully gather more information at that point so that you can make a decision as to whether when would be the proper time frame to revisit. From what I'm hearing just so you know I've just got a feeling that your not going to have enough information to order it torn down as of the nineteenth. I think you may have to wait a little longer to find out more information. MR. HATIN, DIRECTOR OF BUILDING & CODES-Would you like to set a control date similar to what we do in court where we bring it back and up date you on the status. COUNCILMAN CAIMANO-I really would, yeah. MR. HATIN, DIRECTOR OF BUILDING & CODES-Pick a date and we'll be back. COUNCILMAN PULVER-Make it thirty days from now. MR. HATIN, DIRECTOR OF BUILDING & CODES-I know I talked to the bank that was going for the foreclosure and they have no interest in foreclosing the property because they don't want the responsibility that comes with that the gentlemen was very adamant about that. COUNCILMAN MONAHAN-That's what I was going to say Paul do we have to notify anybody besides Mrs. Fraiser Flynn because of all the legal financial stuff that's going on? ATTORNEY DUSEK-What I'm going to advise the Board is copies of all this paper work the resolutions and notices be sent to the, the Flynn's have an Attorney so it would be sent to their Attorney. It would be sent to the Trustee in bankruptcy and it would be sent to the bank holding the mortgage on the property so nobody can say that they didn't have notice about what was going on here. COUNCILMAN CAIMANO-Who is the bank holding the property? ATTORNEY DUSEK-Key Bank. SUPERVISOR CHAMPAGNE-The same property that we're dealing with up on Glen Lake is that correct? ATTORNEY DUSEK-No. Same owner, but the bank to my knowledge is not involved in that other parcel. MR. HATIN, DIRECTOR OF BUILDING & CODES-I'll contact Pete tomorrow morning. ATTORNEY DUSEK-I think you need some changes in this resolution. I would propose that you consider the following changes. In the resolved clause beginning on page 2, paragraph number 3. It says the Town Board feels based on current information that the structure should be boarded, I would say be boarded up and electric and gas shut off at the pole immediately. Then strike the remaining part of that paragraph. COUNCILMAN MONAHAN-Excuse me, since there is water back in the cellar should that be re-pumped or anything Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-We spent two and a half hours and probably pumped about thirty thousand gallons of water. We dropped it eighteen inches and it's back up about a foot. COUNCILMAN MONAHAN-You don't think there is really much we can do about it? MR. HATIN, DIRECTOR OF BUILDING & CODES-We found evidence of groundwater coming up through right as you enter the basement. We we're pumping it you could see the groundwater come up through and stir the muck on the bottom of the basement so we know there is groundwater in there for sure. ATTORNEY DUSEK-Four would read instead of the way it reads right now. It just simply says an emergency condition has been demonstrated period then strike the rest of that clause. Five would that a hearing will be held before the Board, I would propose December 19th? SUPERVISOR CHAMPAGNE-Yes. ATTORNEY DUSEK-Six would be where it says, that the hearing the Town Board will consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the buildings, should be the building is immediately repaired or torn down. Actually should say or torn down and/or demolished. So you would be striking the close because your closing it up now you would also be striking the set forth herein. Then it would go on to and say and whether to authorize the Director of Building and Codes to immediately repair and/or tear down or demolish the premises and assess the charge. Then that's it for those modifications then we would as I indicated serve it upon all parties. COUNCILMAN MONAHAN-Dave also mentioned there was an outside entrance that you wanted to close off. MR. HATIN, DIRECTOR OF BUILDING & CODES-I'd like to board that up in some fashion. COUNCILMAN MONAHAN-Is that included or do we need to have to mentioned that specifically Paul? ATTORNEY DUSEK-We're saying that the structure should be boarded up immediately that covers everything right? MR. HA TIN, DIRECTOR OF BUILDING & CODES-Yeah. I'll go over it with Pete tomorrow and take him down there and show him exactly what I would like down. COUNCILMAN MONAHAN-I just want to make sure we gave you all the authority you need. MR. HATIN, DIRECTOR OF BUILDING & CODES-I just want to correct myself. We didn't pump thirty thousand gallons about five thousand gallons my addition was wrong. SUPERVISOR CHAMPAGNE-There is a tin shanty there along with two other out buildings, I mean it's not just the one structure. Are we talking about demolition or whatever the entire property, I mean everything is coming down out of there? MR. HATIN, DIRECTOR OF BUILDING & CODES-I would think at some point it would get to the point where the board is going to want to seriously consider demolishing everything. COUNCILMAN MONAHAN-Maybe we need to go back and put that s back, you mean just one building should it go back to buildings? MR. HATIN, DIRECTOR OF BUILDING & CODES-We're looking at boarding up both buildings right now. ATTORNEY DUSEK-Is there more than one Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-There are two buildings. I've got pictures here if the Board... ATTORNEY DUSEK-Then everything through there should be plural. MR. HATIN, DIRECTOR OF BUILDING & CODES-PRESENTED PICTURES TO BOARD MEMBERS The following resolution was passed. RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY RITA FRASIER/FL YNN IS UNSAFE - TAX MAP NO. 102-1-22 RESOLUTION NO. 611, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. David A. Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as 692 Glen Street, Town of Queensbury, and bearing tax map no. 102-1-22, and has made findings as more specifically set forth in a letter dated November 9, 1994, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, the vacant structures on the property present a hazard and a nuisance to the neighborhood and are unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property secured if the property owner fails to board up said structures, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structures are unsafe and dangerous and thereafter order their repair or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 102-1-22, appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; and 3. Unfit for the purposes for which it may be lawfully used, and BE IT FURTHER, RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises, 2. A statement of particulars in which said structures thereon appear to be unsafe and dangerous, as set forth in Mr. Hatin's letter, 3. The Town Board feels, based on current information, that the structures should be boarded up and electric and gas shut off at the pole immediately. 4. Unless an emergency condition is demonstrated. 5. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on December 19th, 1994, at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 6. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the buildings are immediately repaired or torn down and/or demolished, and whether to authorize the Director of Building & Codes to immediately repair and/or tear down or demolish the premises and thereafter assess any charges to the real property as per §68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with the order of this Board to board up the structures located on said property, the Town Board is authorized to take action to have the property secured and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses. and BE IT FURTHER RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 5th day of December, 1994, by the following vote: A YES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO INSTALL STREET LIGHTS RESOLUTION NO.: 612, 94 INTRODUCED BY: Dr. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of street lights at five (5) intersections in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that a total of five (5) 150 watt sodium street lights be installed as follows at the following intersections: 1. Intersection of Walker Lane and Bay Road; 2. Intersection of Walker Lane and Dorlon Drive; 3. Intersection of Baybridge Drive and Dorlon Drive (2); 4. Intersection of Baybridge Drive and Gentry Lane; and 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 Queensbury Lighting District (LTOlO). Duly adopted this 5th day of December, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None ATTORNEY MATTERS ATTORNEY DUSEK-Spoke to the Board regarding notification received concerning the Parillo rezoning dated November 23rd, 1994. Noted that the Town Planning Board and Warren County Planning Board has disapproved the rezoning. Questioned the Board as to what they wanted to do next regarding this situation. Councilman Monahan noted that she will be discussing this in a Planning Meeting this week with Executive Director, Jim Martin. Attorney Dusek to hold off on this until he hears from Town Board. Spoke to the Board regarding the situation concerning Quarry Crossing and the Boulevard, Warren Street area of Town. Noted it involves the Village of Hudson Falls, the Town of Kingsbury, and Town of Queensbury. The Town line has been surveyed by VanDusen and Steves it starts off at Town of Kingsbury line then crosses the road. Part of the road is in Kingsbury, part in the Village of Hudson Falls, and part in Town of Queensbury. Met with Paul Naylor, Highway Superintendent and Attorney Leon Ladden from Hudson Falls regarding situation, noting that they were going to discuss this with their board on how to handle the situation. Questioned the Board on how they wanted to handle this. Attorney Dusek recommended to try to get an agreement in place for plowing and then to keep working on the problem for a permanent solution, noting that he would have to come back to the Board with agreements to make sure that they are proceeding in the direction they want to go. Questioned the Board if they have received the City of Glens Falls Agreement. Supervisor Champagne to follow up on this. Discussion held regarding the situation with Queensbury Forest. Noted that there is an outstanding engineering proposal with respect to certain studies that would have to be done. It was the decision of the Town Board to have a meeting with Paul Naylor, Highway Superintendent, and Engineer on December 12th, 1994 at 4:00 p.m. DISCUSSION HELD COUNCILMAN MONAHAN-Thanked Barb Champagne, Queensbury Business Association, and Seniors, Pete Brault and his department, Kim Heunemann, and media for their good publicity regarding the Town's first community celebration of the Christmas Tree Lighting. Supervisor Champagne office to write letter thanking the people involved. DISCUSSIONS TOWN COMPTROLLER INTERVIEWS Discussion held regarding setting a date for Town Comptroller Interviews. It was the decision of the Town Board to review applications at Monday's Workshop Meeting to be held on December 12th. Attorney Dusek to look into the legal procedures of creating this position. TOWN BOARD PRIORITY LIST Supervisor Champagne-Asked Town Board members to add to the list if they needed to. It was the decision of the Board to discuss this at Monday's Workshop. DISCUSSION HELD COUNCILMAN CAIMANO-Spoke to the Board regarding letter dated November 28th, 1994 regarding a meeting of the New York State Department of Transportation. Spoke to the Board regarding the traffic signal at the intersection of Route 9 and Glenwood. DOT reviewed the need for a signal at this location as a result from inquiry from a property owner in the area of the intersection. Questioned if the State has talked to the Town regarding this situation. EXECUTIVE DIRECTOR, MR. MARTIN-Noted that he was at a meeting when he received this letter regarding the traffic signal. Stated he can carry a message by taking it to the Technical Committee as the Town's Representative, also noted that Supervisor Champagne is on the Policy Committee for the Glens Falls Transportation Council. Both of them could carry the message on that the Town would like to know of these things sooner like in the planning stages or when being considered. COUNCILMAN MONAHAN-Asked Mr. Martin bring up the question regarding Glenwood Avenue being changed to a one way street. COUNCILMAN CAIMANO-Spoke to the Board regarding a letter received from Helen Otte, Town Assessor regarding the senior citizens property exemption. It was the decision of the Town Board to have Attorney Dusek update the local law concerning the senior citizen exemption. Read letter into the record from West Glens Falls Volunteer Fire Company, Chief Michael Palmer, thanking Mr. Naylor, Highway Superintendent and his department for their assistance at the Hess Mart incident on November 1st, 1994. (Letter on file Town Clerk Office) Spoke to the Board regarding a letter received from Paul Naylor, Highway Superintendent on the status of Weeks Road. Noted that Mr. Naylor, Jim Martin, Mr. Paulson, Roger Moore, Manager of Robert Gardens North have met in discussion on the Weeks Road bypass. Came to a consensus that if they could move the road away from Robert Gardens Mr. Paulson would be willing to make it a deal, awaiting approval to hire an engineer to see how they could make the tum stay legal, but get it away from Robert Gardens plus a plan to plant trees to keep lights away from apartments. EXECUTIVE DIRECTOR, MR. MARTIN-Noted they have all property owners signatures signing off. ATTORNEY DUSEK-The next step would be to have agreements introduced before the Board. EXECUTIVE DIRECTOR, MR. MARTIN-Have one more cost to find out which would be the relocation of the septic system for the car wash. SUPERVISOR CHAMPAGNE-Spoke to the Board regarding Wilson Promotions speaking to the Board concerning promotional writing for the Town, noted Mr. Wilson is willing to come and speak to the Board at no cost to the Town. It was the decision of the Town Board to have Mr. Wilson come in and speak to Board. ATTORNEY DUSEK-Questioned the Board if they wanted to pass a resolution regarding the hiring of engineering services regarding Weeks Road? TOWN BOARD-It was the decision of the Town Board to pass the following resolution. RESOLUTION AUTHORIZING ENGINEERING SERVICES WEEKS ROAD RESOLUTION NO. 613, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to make arrangements for an engage the services of an engineer to study the possibility of realigning Weeks Road such that it accommodates the issues raised by the adjoining property owner Mr. Paulson. This shall be paid for from the Capital Project Fund established for the Weeks Road project not to exceed $500.00. Duly adopted this 5th day of December, 1994, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None Absent:None DISCUSSION HELD EXECUTIVE DIRECTOR, MR. MARTIN-Has received commitment from Walmart to pay for the traffic signal at Weeks Road, noting the cost to be $60,000.00 for purchase, design, and installation. COMMUNICATIONS Supervisor Champagne-Has received response from Hartford Insurance Company regarding Deferred Compensation. Has sent letter back today to Hartford Insurance with Board approval. Noted representative will be here on Friday, December 9th, to discuss program with department heads and employees. OPEN FORUM PLINEY TUCKER-41 DIVISION ROAD, QUEENSBURY-Spoke to the Board regarding the resolution Interfund Advances concerning the movement of $60,000 in the Water Department. Questioned if this was part of the million and a half that was moved in the budget? COUNCILMAN MONAHAN-It would be in the 1995 Budget. MR. TUCKER-Questioned how much of a surplus is left after they moved the million and a half in the water department? SUPERVISOR CHAMPAGNE-Approximately a million. MR. TUCKER-Spoke to the Board regarding the possibility of selling water to the Village of Hudson Falls. Questioned when the contract is finalized will the public have any say about how it is handled? ATTORNEY DUSEK-Noted there is no need for public hearings on the contract from a legal prospective. COUNCILMAN CAIMANO-Noted they gave the Village two choices. Either to buy in or pay a higher amount by doing another plan, noted they are buying in. MR. TUCKER-Questioned how much of their buying in will they have control of the actual operation? ATTORNEY DUSEK-None. MR. TUCKER-Questioned the Board regarding the workshop on December 12th, would he be able to make a comment concerning Queensbury Forest, noting his concern due to work he has done in that area. COUNCILMAN MONAHAN-Noted that Mr. Tucker would not be the general public. He has been deeply involved on site with the problems of Queensbury Forest as they've developed and would have a lot of background that could be helpful. It was the decision of the Board to let Mr. Tucker make comment at the workshop. DAVE HATIN, DIRECTOR OF BUILDING & CODES-Spoke to the Board regarding the 911 renumbering system that is going out throughout the Town. Noted that approximately forty to fifty percent of the Town has been renumbered. Questioned the Board on how they would like to handle the unnamed private roads in the Town so they could be put into the renumbering system. It was the decision of the Town Board to have Dave Hatin and the Sheriffs Department compile a list of the unnamed private roads in Town to be broken down into Wards for each Councilman, Councilman to take care of take care of their Wards. OPEN FORUM CLOSED RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 614, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on December 5th, 1994 and numbering 94475900 through 94489600 and totaling $131,859.12 is hereby approved. Duly adopted this 5th day of December, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None Absent:Mrs. Pulver Abstain:Mr. Caimano (Vendor #000127, Post Star) RESOLUTION ENTERING INTO EXECUTIVE SESSION RESOLUTION NO. 615, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss the one personnel matter and one matter a discussion of issues that would relate to the lawsuit the Town has with John Salvador on DunlIams Bay Road. Duly adopted this 5th day of December, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 616, 94 INTRODUCED BY: Mrs. Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 5th day of December, 1994, by the following vote: Ayes: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 617, 94 INTRODUCED BY: Mr. Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 5th day of December, 1994, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury