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1994-12-19 TOWN BOARD MEETING DECEMBER 19, 1994 7:00 P.M. MTG #72 RES 622-647 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 JIM MARTIN, EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT PAUL H. NAYLOR, HIGHWAY SUPERINTENDENT DAVE HATIN, DIRECTOR OF BUILDING & CODES PRESS GF Post Star, Moreau Sun PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WISW ALL Supervisor Champagne called meeting to order ... Noted that he received a phone call today from Pat Kosbob who placed her purse on top of her car and drove off. She went through the total motions of canceling her credit cards and all those things. She called me to tell me that one of our employees, Claude White who works for the Water Department had found it, had called her and confirmed it was hers, would absolutely refuse any type of award, just said to send a christmas card. I think that's an awfully, awfully nice gesture on the part of one of our employees and I'm really proud of that. HEARING - UNSAFE STRUCTURE - RITA FRAISER/FL YNN SUPERVISOR CHAMPAGNE-We'll open the hearing on the unsafe structure of Rita Fraiser Flynn. Is there anyone here to speak on behalf of Mrs. Fraiser Flynn relative to the unsafe property, unsafe structure? Okay, Dave maybe we should hear from you as to the situation that we're looking at here. MR. DAVE HATIN, DIRECTOR OF BUILDING & CODES-At the present time, the building was boarded up two days after the hearing two weeks ago. The electric and gas as of today, has still not been disconnected by Niagara Mohawk. It was scheduled to be done last week. I wasn't able to get a hold of them today, so I'll try tomorrow and find out what the schedule is. It was supposed to be within a week. Other then that, the building sits as you requested. COUNCILMAN CAIMANO-Have you heard from Rita Fraiser Flynn? MR. HATIN-No, I've heard from nobody. Other then, I did get a call from Key Bank who is, holds title to the or not title to the property but I believe is something ATTORNEY DUSEK-They hold the mortgage. MR. HATIN-They hold the mortgage, requesting status of the building and I told them where it stood at this point in time. ATTORNEY DUSEK-Can I just ask Dave one question for the record at this point? At this time the building is secure then as far as nobody being able to get into the building? MR. HATIN-Yes. ATTORNEY DUSEK-And in your opinion, is the building structurally sound at this time, that it will stay together, it's not going to fall over or anything like that? MR. HATIN-At this point in time, yes. ATTORNEY DUSEK-Okay. SUPERVISOR CHAMPAGNE-With that, we'll close the hearing. HEARING CLOSED SUPERVISOR CHAMPAGNE-Is there anything else we need to do with that? ATTORNEY DUSEK-At this point, I would recommend that we, since there has been some contact from Key Bank finally, that's one of the people we we're hoping to hear from, I would recommend that the Board postpone action on this for approximately one month and see what, since the building is safe and everything, see what Key Bank is going to do in the mean time. MR. HATIN-Okay, you want me back here a month from now, then? COUNCILMAN CAIMANO-Yea, I'm a betting man, I bet you five bucks we don't hear a thing from them in a month. It's a bank, we're lucky to hear from them in six months or a year. ATTORNEY DUSEK-Your alternatives at this point are to go down the path towards destroying it and I think that may be premature based on what I know of the building. COUNCILMAN CAIMANO-Why? ATTORNEY DUSEK-I think it's still salvageable from what I understand. Is that correct, Dave? MR. HATIN-Marginal but it could be done. SUPERVISOR CHAMPAGNE-Yea, it could be. I've ATTORNEY DUSEK-I think you ought to give it some time and find out, you know, it's secure from the immediate problem which was access to the members of the public and I think you ought to just let it play out a little longer to see where this thing goes with Key Bank and the bankruptcy and we can notify them that you want them to get in touch with us. COUNCILMAN CAIMANO-Well, we can do it, the rest of the board can do what they want, I just think it's, without meaning any disrespect, that's lawyer talk. We're not going to hear anything from Key Bank, it's going to go on and on and on and on. Why don't we just make a decision and force their hand. SUPERVISOR CHAMPAGNE-What decision? COUNCILMAN CAIMANO- Tear it down, get rid of it. MR. HATIN-I don't think Key Bank would fight you on that. COUNCILMAN CAIMANO-Fine, now let's get rid of it. MR. HATIN-That's the impression I get, as long as they're not paying the bill for it. COUNCILMAN CAIMANO- Why should we have this eye sore just because Key Bank, a company that doesn't even, isn't even in our town, want's us to wait? What do we care? ATTORNEY DUSEK-Well, no they didn't ask us to wait. COUNCILMAN CAIMANO- Then let's not wait. ATTORNEY DUSEK-I'm suggesting that you follow up on it. COUNCILMAN CAIMANO-Why? Why are waiting? ATTORNEY DUSEK-Well, it's a salvageable piece of building, I would just COUNCILMAN CAIMANO-Salvageable for whom? ATTORNEY DUSEK-Well, at bear minimum, if you want to tear it down, my recommendation would be that you provide them notice that that's what you want to do. COUNCILMAN CAIMANO-Okay. ATTORNEY DUSEK-And you give them the thirty to sixty days in which to do that and then you hold a further hearing in the event that they wish to come and talk to you. COUNCILMAN CAIMANO-Why SUPERVISOR CHAMPAGNE-Well, don't, excuse me, but COUNCILMAN CAIMANO-Go ahead, I'm sorry, go ahead Fred. SUPERVISOR CHAMPAGNE-But, don't you think it would be appropriate to have someone go in and look at the building. I mean, we're sitting here making judgements, some of us have never seen the building before. I happened to be there, I did see the building. COUNCILMAN CAIMANO-I've seen it. COUNCILMAN PULVER-I've seen it. SUPERVISOR CHAMPAGNE-And in my opinion, there maybe some salvageable way out of this. You know, a contractor could come in there and possibly reclaim the building. I would think that you'd want to at least do that much before we took that action, to have someone go in there with some type of qualification and certify the building that it's no longer of any value. It just seems to me as if there could be a come back on the part of the town, if we go in there and tear it down, it may have some value to it that we're not aware of it or at least that a contractor might. COUNCILMAN CAIMANO-I think the value that would come out of this if we do our job expeditiously, is that people will know that we don't want people to leave buildings unattended in a run down condition forever. Why should we do that? I still, it's a nice speech but I don't SUPERVISOR CHAMPAGNE-It's in bankruptcy. ATTORNEY DUSEK-That's the thing you have to understand here, you have an unusual case of bankruptcy where by people are foreclosed, the bank holds title, they have a possibility of foreclosing but they have to get releases from bankruptcy. You have the owners who are in bankruptcy who don't have full control over the property, it's the trustee that has control but the trustee doesn't have full control either because he has no money. I mean, it's a vicious circle but there's alot more here. I don't see where the town is harmed at all by waiting one to two months and playing the thing out a little longer. I mean you always have the option of tearing down the building. To me, it seems you're buying yourself potential problems by not letting it go thirty to sixty days. COUNCILMAN CAIMANO-Fine, go ahead. SUPERVISOR CHAMPAGNE-Okay. MR. HATIN-Is there a day you'd like me to report back to the Board. SUPERVISOR CHAMPAGNE-A month. MR. HATIN-Thirty days? SUPERVISOR CHAMPAGNE-Thirty days. COUNCILMAN MONAHAN-Dave, you did say the electric and gas is going to be taken care of? MR. HA TIN-The order has been put in to pull it, I'm just waiting for Niagara Mohawk. They told me a week, a week ago. So, I'll call tomorrow and find out. Thank you. COUNCILMAN CAIMANO- Thanks Dave. RESOLUTIONS RESOLUTION OF CONSENT TO LAYING OUT OF TOWN HIGHWAY RESOLUTION NO. 622, 94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury previously received and accepted a Deed relative to certain real property generally 50' in width and lying westerly of Carey Road, NOW, THEREFORE, BE IT RESOLVED, that consent be and the same is hereby given to the Town Highway Superintendent of Highways of the Town of Queensbury to make an order laying out the lands described in the preambles of this resolution, for highway purposes, in accordance with the provisions of the Highway Law and other statutes applicable thereto, and BE IT FURTHER, RESOLVED, that upon the execution of the Order and filing of the same in the Town Clerk's Office, the road shall be named "Native Drive," and the Office of Town Clerk and the Highway Department, and all other affected Town agencies, shall mark their records accordingly, and the same shall be officially recorded in all Town records as a Town Highway bearing the name indicated, and the Town Clerk and the Town Supervisor are hereby further authorized to take such other and further steps as may be necessary to notify all appropriate state agencies and execute such documents as may be necessary to indicate the naming of the Town Road as set forth herein. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ESTABLISHING POSITION OF TOWN COMPTROLLER RESOLUTION NO. 623, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has received the resignation of its present Bookkeeper/Director of Finance, and WHEREAS, the Town Board of the Town of Queensbury is desirous of expanding the duties and functions of the Bookkeeper/Director of Finance, and WHEREAS, the current position of Bookkeeper/Director of Finance does not adequately meet the Town's fiscal needs, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes, effective January 1, 1995, or at such later time as the position is filled, the position of Town Comptroller, which position shall have the following duties, responsibilities, and authority: 1. All mandatory duties and responsibilities assigned or provided for under Town Law for the position of Town Comptroller including: A. Review and approve voucher packages for payment. This review would include: 1. verifying voucher to supporting invoices, PO's, department certification of receipt, etc. 11. determination of proper town purpose. 111. determination of proper account posting. IV. determination that sufficient appropriation exists. B. Perform annual audit of all departments handling cash. C. Preparation and submission of Annual Update Document to State Comptroller. D. Responsibility for monthly Supervisor and Budget to Actual Expenditure Reports. 2. Duties and responsibilities as Accounting Officer as provided by Town Law ~ 124. 3. The duty to countersign on checks with the Supervisor. The Comptroller's duties would then also include reviewing checks, matching amount and vendor to voucher and manually signing all checks. Once the Comptroller has been hired, the Supervisor shall manually sign all Accounts Payable checks, matching vendor and amount to the warrant (abstract) previously approved by the Town Comptroller. 4. The duty to review and approve all general journal and correcting journal entries. Review monthly general ledger. 5. Preparation of internal combined or combining financial statements at a frequency to meet the Town Board's needs (i.e., quarterly, semi-annual or annually). 6. Project cash flow requirements to maximize investment income. 7. Monitor Pledged Securities for Town's deposits. 8. Responsibility for preparation of Tentative Budget, attendance at all budget meetings, assembly of Preliminary and Adopted budgets after Town Board approval of budget line items. 9. Review of all monthly bank reconciliations. 10. Perform or review monthly reconciliation of all receivable accounts, in particular, water and sewer receivables. 11. Approval of either all P.O. 's or P.O.'s over a certain amount, to be established by separate Town Board resolution. 12. Attendance at all Town Board meetings to assist the Town Board in decision making process by providing relevant information, suggestions, recommendations, etc., as needed. 13. Perform such other tasks and/or special projects as directed by the Town Board. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING DATA GENERAL AGREEMENT RESOLUTION NO. 624, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Data General Corporation and the Town of Queensbury previously entered into service agreements for: 1. the Finance System Operating Software, consisting of the following: MODEL DESCRIPTION LOl5ASN40A QOOIASX40A ICOBOL RUNTIME SSS ONLY DG/UX OPERATING SYSTEM SS and 2. Finance System Operating Hardware, consisting of the following: MODEL DESCRIPTION 4595-AE 7419S G6762-F G6802-F G70467 300 LPM BAND PRINTER WITH VME DISTRIBUTED CLUSTER/l 2GB 4MM SE SCSI TAPE ADDO 1GB SE SCSI DISK ADD-IN T A V4300, 25MHZ, 32MB, 520MB D WHEREAS, the current agreements expire January 24, 1995 and February 28, 1995, respectively, and the Town is desirous of continuing the aforesaid agreements for a period of one year, and WHEREAS, proposed Service Agreement Renewals have 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 of the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of this Agreement shall be paid for from the appropriate General Fund Account. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY DELETING AND REPEALING CHAPTER 127 THEREOF, ENTITLED "PUBLIC UTILITIES DEPARTMENT" RESOLUTION NO. 625, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1994, A Local Law to Amend the Code of the Town of Queensbury by deleting and repealing Chapter 127 thereof, entitled "Public Utilities Department", and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.rn., on the 16th day of January, 1995 to consider said Local Law No. _, 1995 and to hear all persons interested on the subject matter thereof concerning the same, to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _,1995 in the manner provided by law. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND LAVERNE B. F AGEL RESOLUTION NO. 626, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury and LaVerne B. Fagel previously entered into a Consulting Services Agreement, which Agreement provides for a termination date of December 31, 1994, and WHEREAS, the parties desire to extend the term of the Agreement, retaining, however, the right of either party to cancel or terminate the Agreement upon 30 days written notice, with all other provisions of the current Agreements to remain in full force and effect, including the limitation that the total charges incurred under the Agreement shall not exceed the amount provided for in the Agreement and as amended by Resolution No. 565 of 1994 which authorized an additional amount to be incurred for fees up to $10,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Consulting Services Extension Agreement presented at this meeting and hereby authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury and hereby further authorizes the Supervisor to take such other and further action as may be necessary to implement the terms and provisions of the Agreement, and BE IT FURTHER RESOLVED, that the cost of the services incurred under this Agreement shall be paid for from Account No. 92-8160-2817. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING EMPLOYMENT OF ENGINEERS FOR PURPOSES OF CONDUCTING GEOTECHNICAL EVALUATION RESOLUTION NO. 627, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan Town Board held discussion and agreed to pull resolution. RESOLUTION RETAINING SERVICES OF URBACH KAHN & WERLIN P.C. CERTIFIED PUBLIC ACCOUNTANTS FOR AUDITING SERVICES RESOLUTION NO. 627, 1994 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has determined that there is a need to provide auditing services to the Town of Queensbury for the year ending December 31, 1995, and WHEREAS, the Town Board of the Town of Queensbury has determined that there is also a need to review its annual report to the State Comptroller's Office, which is required to be filed by February 28 of the year following the close of the fiscal year on December 31, and WHEREAS, Urbach Kalm & Werlin, P.c., has offered to render professional advisory services to the Town of Queensbury at a cost of $16,800, as more specifically set forth in their letter and proposal dated November 18, 1994 to the Town Supervisor of the Town of Queensbury, a copy of which has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to retain the services of Urbach Kalm & Werlin P.c., to provide auditing services to the Town of Queensbury for the year ending December 31, 1995, and to review its annual report to the State Comptroller's Office which is required to be filed by February 28 of the year following the close of the fiscal year on December 31 st, and BE IT FURTHER, RESOLVED, that the fee for services rendered by Urbach Kalm & Werlin P.c., is approved in the amount of $16,800, the payment of which shall come from Account No.: 001-1320-4401, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to sign any and all necessary agreements, and to sign and forward for processing and payment, any and all bills for services rendered in accordance with this resolution upon receipt of properly completed vouchers. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ACCEPT BIDS FOR 1995 OFFICE SUPPLIES RESOLUTION NO. 628, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for specified office supplies, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, G. F. Blackmer & Son, Inc., has submitted the only, and therefore, the lowest bid, for the aforementioned office supplies in the total amount of $ 9,303.57, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids for the aforementioned office supplies to G. F. Blackmer & Son, Inc., and BE IT FURTHER, RESOLVED, that said supplies are to be paid for from the General Office Supplies Account. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ACCEPTING GIFTS RECEIVED DURING 1994 BY THE HISTORY DEPARTMENT RESOLUTION NO. 629, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, various items have been donated to the Town of Queensbury History Department, during the 1994 calendar year, by various individuals, as well as the Queensbury Central School, as indicated on the sheets attached to and made a part of this Resolution, and WHEREAS, under the Collections Management Policy enacted by the Town Board of the Town of Queensbury in November of 1993, ...the Town Board may, on behalf of the Town, take by gift, grant, bequest, or devise, and hold real and personal property absolutely or in trust for parks or gardens, or for the erection of statutes, monuments, buildings, or structure, or for any public use, upon such terms or conditions as may be prescribed by the grantor or donor and accepted by the Town and provide for the proper administration of the same; Town Law ~64(17-a) provides that the Town Board may provide for the preservation and protection of places, buildings, works of art and other objects having a special character or aesthetic interest or value... NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with criteria set forth in the Collections Management Policy, hereby determines that the list of gifts attached to and made a part of this Resolution reflect the historical culture, religion, education, industry, or customs that illustrate life in the Town of Queensbury; that the gifts carry out the intention of the Collections Management Policy; and the donations are hereby accepted, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town of Queensbury, hereby indicates its sincere appreciation of the gifts. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mrs. Monahan RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 155 THEREOF, ENTITLED, "TAXATION," TO AMEND AND REVISE CERTAIN PROVISIONS THEREOF, DELETE SOME PROVISIONS THERETO, AND ADD NEW PROVISIONS THERETO. RESOLUTION NO. 630, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1995, A Local Law to Amend the Code of the Town of Queensbury, Chapter 155 thereof, entitled, "Taxation," which amendment shall provide for an increase in the income limitation for the partial exemption from Town taxes and other additional amendments thereto, and WHEREAS, such legislation is authorized pursuant to the Real Property Tax Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 16th day of January, 1995, to consider said Local Law No. _, 1995 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1995 in the manner provided by law. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION RE-APPOINTING MEMBERS TO ZONING BOARD OF APPEALS RESOLUTION NO. 631, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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 re-appoints Mr. Christian G. Thomas and Mr. David Menter to serve as members of the Zoning Board of Appeals, said terms to expire on December 31, 1999. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO APPOINT MEMBER TO PLANNING BOARD RESOLUTION NO. 632, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury has previously established the Planning Board, and WHEREAS, the term ofMr. Timothy Brewer will expire on December 31, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Mr. Timothy Brewer to serve as a member of the Planning Board, said term to expire on December 31, 2001. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO APPOINT MEMBER TO THE BEAUTIFICATION COMMITTEE RESOLUTION NO. 633, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has previously established the Beautification Committee, and WHEREAS, there is a vacancy on the Beautification Committee, and WHEREAS, the Town Board desires to appoint Karen Dougherty, 31 Hampton Court, Queensbury to fill this vacancy, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Karen Dougherty to the Beautification Committee. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING FILING OF PROOF OF CLAIM RESOLUTION NO. 634, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury has received notice requiring all persons or entities that wish to assert a claim against or in the interest in Debtor Regency Park Associates, arising prior to June 28, 1994, file a Proof of Claim or interest with the Clerk of the Bankruptcy Court, and WHEREAS, the Town Attorney has advised that the Town should file a proof of claim in connection with certain amounts owed for sewer by Regency Park Associates, the same amounts being turned over to the County for payment on November 1st, but not included in the Proof of Claim previously submitted by Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the filing ofa Proof of Claim for any amounts owed by Regency Park Associates to the Town of Queensbury and not previously claimed by the County of Warren, and further authorizes the Town Supervisor to execute the Proof of Claim on behalf of the Town of Queensbury and any affected districts in a form to be approved by the Town Attorney. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND TO BE KNOWN AS THE GLEN LAKE WATERSHED PLANNING CAPITAL PROJECT FUND RESOLUTION NO. 635, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a Capital Project Fund and establishing therein appropriations for watershed planning in the Glen Lake Watershed within the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a capital project fund to be known as the Glen Lake Watershed Planning Capital Project Fund for the purpose of developing a comprehensive plan for preservation of the unique environmental attributes of the Glen Lake Watershed, which fund would establish funding for all work and testing, etc., necessary to develop the plan at an estimated cost not to exceed $5,000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations for said new Capital Project Fund in the amount of $5,000, with the source of funding to be a $5,000 grant from the Open Space Institute, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to transfer funds and take all action that may be necessary to effectuate the terms and provisions of this resolution, and BE IT FURTHER, RESOLVED, that the Glen Lake Watershed Planning Capital Project is to begin immediately, and to end by June 30, 1996. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION HIRING LABORER A RESOLUTION NO. 636, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there will be a vacancy in the Building and Grounds Department at the end of 1994 in the Laborer A position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to hire Mr. Thomas Mitchell as Laborer A effective December 30, 1994, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 637, 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: ACCOUNTING: FROM: TO: AMOUNT: 01-1310-1040 (Bookkeeper - Dir. of Accounting) 01-1310-2001 (Misc. Equipment) $ 325.00 ACCOUNTING/SUPERVISOR: FROM: TO: AMOUNT: 01-9901-9002 (Transfer to Cemetery) 01-9950-9102 (Transfer to Carey Road Project) $ 2,437.61 COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-8030-4400 01-8010-4080 750. (Misc. Contractual) (Advertisement) 01-3410-4400 01-3410-4040 100. (Misc. Contractual) (Dues & Registrations) COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-8030-4400 01-8010-4100 250. (Misc. Contractual (Telephone Use) 01-8030-4400 01-8020-1002 1,200. (Misc. Contractual) (Misc. Payroll) 01-3620-1060 01-3620-1070 1,000. (Clerk, Full-Time) (Clerk, Part-Time) 01-3620-1370 01-3650-4400 1,100. (Asst. Building & (Misc. Contractual) Zoning Off.) 01-3620-1370 01-8020-1910 750. (Asst. Building & (Senior Typist - Overtime) Zoning Off.) 01-3620-1370 01-3620-4110 350. (Asst. Building & (Vehicle Repair & Code Officer) Main. ) ELECTIONS & TOWN CLERK: FROM: TO: AMOUNT: 01-1450-1002 01-1460-2001 2,495. (Elections: Misc. (Records- Eq. ) Payroll) 01-1450-4400 01-1460-2001 750. (Elec. Misc. (Records Eq.) Contractual) 01-1410-4400 01-1460-2001 385. (Town Clerk Misc.) (Record Eq.) HIGHWAY: FROM: TO: AMOUNT: 04-9060-8060 04-5130-4400 1,000. (Hospitalization) (Misc. Contractual) 04-5130-4410 04-5130-4400 9,000. (Gasoline) (Misc. Contractual) HIGHWAY: FROM: TO: AMOUNT: 04-9060-8060 04-5130-4480 5,000. (Hospitalization) (Tires) 04-5110-1440 04-5110-4400 880. (Heavy Equip. (Misc. Contractual) Operator) 04-5110-1450 04-5110-4400 1)00. (Motor Equip. (Misc. Contractual) Operator) 04-5110-4610 04-5110-4620 800. (Patching Mix) (Paving Materials) PARKS & RECREATION: FROM: TO: AMOUNT: 01-7020-4400 01-7020-4100 250. (Misc. Contractual) (Telephone Use) and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING SOFTWARE SUBSCRIPTION SERVICE RESOLUTION NO. 638, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Carol Pulver WHEREAS, there has been presented at this meeting a proposed Agreement between KVS Information Systems, Inc. and the Town of Queensbury for software subscription services, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement between KVS Information Systems, Inc. and the Town of Queensbury for software subscription services presented at this meeting and hereby further authorizes the Town Supervisor to execute the same and take such other and further steps as may be necessary to carry out the terms of the Agreement, including the payment of amounts due in the sum of $3,595.00, to be paid for from the appropriate account. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING AND AUTHORIZING FILING OF DEED CONCERNING TOWN OF QUEENSBURY LANDFILL RESOLUTION NO. 639, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury received approval from the Department of Environmental Conservation for a Closure Plan for the Town of Queensbury Landfill, and WHEREAS, as a part of the approved Closure Plan, the Town is required to record a Deed with the Warren County Clerk's Office, which Deed must contain certain information in accordance with the Closure Plan requirements and also reference a map which clearly indicates the limits of the Landfill Waste and Containment System, and indicate, in addition to other things, that the transfer of, construction on, or any change in use of the property requires prior DEC approval, and WHEREAS, a proposed map and Deed were previously presented to the Department of Environmental Conservation and approved, and the same are now presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves for recording and filing, the Deed and Map presented at this meeting, and hereby further authorizes and orders the Town Supervisor for the Town of Queensbury, Mr. Fred Champagne, to execute the Deed on behalf of the Town of Queensbury, affix the seal of the Town to said Deed, and sign his name thereto and take such other and further action as may be necessary to record the Deed and file the map with the Warren County Clerk's Office, in furtherance of compliance with the Closure Plan previously approved by the Department of Environmental Conservation. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED IMPROVEMENTS TO THE WEST GLENS F ALLS WATER DISTRICT RESOLUTION NO. 640, 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 previously received information concerning the West Glens Falls Water District's water problems from the Superintendent of Water, Thomas Flaherty, and received a copy of a letter from the State Department of Health, dated August 22, 1994, which advised that, based on bacteriological information reported to the Department of Health, action needed to be taken, including a public health notice and the retention of the services of an engineer to prepare and submit to the Health Department a study which would define the problem, list alternatives to correct the problem and provide a feasibility rationale and selected alternative, together with a schedule for design and problem correction, and WHEREAS, the Town Board of the Town of Queensbury, after careful review of the matter and, after hearing testimony from the Water Superintendent, determined that the situation was serious, needed to be resolved as soon as possible and authorized an interconnection between the Queensbury Consolidated Water District and West Glens Falls Water District to allow for the provision of water from the Queensbury Consolidated Water District on a temporary basis, and WHEREAS, the Town Board also determined it appropriate to undertake proceedings to authorize the aforesaid improvements as District expenses and completed those proceedings on or about October 3, 1994, and WHEREAS, in addition to the foregoing, the Town Board has also worked towards a proposed permanent solution for the furnishing of water to West Glens Falls Water District residents, and WHEREAS, a map, plan, and report dated October 7, 1994, was developed by O'Brien & Gere Engineers, Inc., during the time that the temporary solutions were studied and undertaken and the report originally specified four options for consideration in connection with the West Glens Falls Water District, and WHEREAS, the aforesaid report by O'Brien & Gere Engineers, Inc., has recently been revised to include a fifth option known as option #4A, and WHEREAS, the option which is known as option #4A provides that a permanent source of water would be from the Treatment Plant of the Queensbury Consolidated Water District, for three unmetered connections to the Queensbury Consolidated Water District infrastructure, installation of water meters at each user connection, the leaving of an emergency connection with the City of Glens Falls Water System, and for a review of consolidation of the Queensbury Consolidated Water District and the West Glens Falls Water District in 1995, such option having a total capital cost of $57,000 for improvements needed to implement the same, and WHEREAS, in addition to the capital improvements, a contract for the supply of water for the year 1995 and such years thereafter as may be necessary, is also proposed as part of the proposed plan of action for the West Glens Falls Water District, with the cost of such water to be assessed against the West Glens Falls Water District by the Queensbury Consolidated Water District on the following basis or pursuant to the following formula: billed quarterly, with a minimum charge of $17.00 for 12,000 gallons and $1.20 per 1,000 gallons above that usage based on an estimated usage which will be derived from a four year history of water meter readings from the City of Glens Falls, and businesses and residences of the West Glens Falls Water District will be billed semi-annually and at the current water rate with any shortfall to be picked up by an ad valorem levy at the beginning of each year, and WHEREAS, the Town Board of the Town of Queensbury hereby recognizes that in order to proceed, it must now: 1. designate itself lead agent and make a determination as to the significance as allowed and required under the State Environmental Quality Review Act; 2. hold a public hearing on the proposed improvements as required by Town Law ~202-b; and 3. after the aforesaid public hearing, decide upon the evidence given, whether it is in the public interest to proceed with option #4, and make such other determination and take such other and further action as may be allowed or provided by Town Law; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby considers the map, plan and report prepared by O'Brien & Gere Engineers, Inc., as amended to include option #4A, and concerning the proposed improvements to the West Glens Falls Water District of the Town of Queensbury, Warren County, New York, as completed, and with the understanding that option #4A as outlined above, and with the following water supply arrangement, is the preferred option; which water supply arrangement shall be as follows: shall be purchased from the Queensbury Consolidated Water District, billed quarterly, with a minimum charge of $17. for 12,000 gallons and $1.20 per 1,000 gallons of usage above the 12,000 gallons, based on estimated usage, which will be derived from a four year history of water meter readings from the City of Glens Falls and businesses and residences will be billed semi-annually at the existing rate, with the shortfall to be picked up by an ad valorem levy once a year, assessed in the same manner as other Town taxes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Environmental Assessment Form presented at this meeting, indicates its desire to be lead agent for the review of the proposed improvements to the West Glens Falls Water District, as more specifically set forth hereinabove, and as identified as option #4A in the map, plan, and report prepared by O'Brien & Gere Engineers, Inc., and hereby further authorizes the Town Attorney to notify all potentially involved agencies of the Town Board's desire to be lead agent and obtain consents from such agencies, and send a copy of this resolution and the Environmental Assessment Form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby states that the amount proposed and preliminary project cost estimate, including contingencies, engineering, legal, and miscellaneous expenses, as more specifically set forth in the map, plan, and report for the preferred, proposed option #4A solution is $57,000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines it appropriate to proceed with a public hearing on a map, plan, and report which allocates the entire cost of the proposed improvements against the West Glens Falls Water District, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby calls for a public hearing for the proposed improvements to the West Glens Falls Water District, as more specifically set forth in the map, plan, and report developed by O'Brien & Gere Engineers, Inc., as option #4A and with a water supply contract with the Queensbury Consolidated Water District as outlined previously hereinabove, at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, on the 14th day of November, 1994 at 7:00 p.rn., to consider the proposed improvements and to hear all persons interested in the subject matter thereof, and BE IT FURTHER, RESOLVED, that notice of said public hearing shall constitute this resolution with a lead paragraph reading as follows: NOTICE OF PUBLIC HEARING FOR PROPOSED IMPROVEMENTS TO THE WEST GLENS FALLS WATER DISTRICT. NOTICE IS HEREBY GIVEN as authorized and directed by the Town Board of the Town of Queensbury that a public hearing will be held by the Town Board on January 16th, 1995 at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, at which time all persons interested will be heard concerning the proposed improvements to the West Glens Falls Water District, consisting, generally of the provision of water by the Queensbury Consolidated Water District and improvements consisting of three connections to the Queensbury Consolidated Water District at various points between the Queensbury Consolidated Water District and the West Glens Falls Water District as more specifically set forth in the map, plan, and report dated October 7, 1994 by O'Brien & Gere Engineers, Inc., and subsequently amended, and identified as option #4A on file for public review at the Town Clerk's Office, located for review during normal business hours at the Town Office Building, 742 Bay Road, Queensbury, New York; and PLEASE TAKE FURTHER NOTICE that the maximum amount proposed and preliminary project cost estimate, including contingencies, engineering, legal, and miscellaneous expenses is $57,000, and that the expense of such project and other costs are proposed to be assessed against the West Glens Falls Water District, such that a water rate is charged for water used to the extent identified in a resolution adopted by the Town Board of the Town of Queensbury and set forth in full hereinbelow and such that capital improvements costs of up to $57,000 and the cost of water used not paid for by the aforesaid method on an ad valorem basis, and that the expenses associated therewith will be assessed, levied, and collected in the same manner and at the same time as other Town charges; and PLEASE TAKE FURTHER NOTICE that additional information and/or details are set forth in a copy of this resolution provided with this notice and set forth hereinbelow, and that further information may be obtained by reviewing the map, plan, and report on file in the Town Clerk's Office; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to arrange for publication and posting of notice as aforedescribed, in a manner prescribed by Town Law ~193. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING AND AUTHORIZING CONTRACT AMENDMENT TO CONTRACT BETWEEN NEW YORK STATE AND TOWN OF QUEENSBURY FOR ST ATE ASSISTANCE PAYMENTS FOR LANDFILL CLOSURE PROJECT RESOLUTION NO. 641, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury and the New York State Department of Environmental Conservation (NYSDEC) previously entered into an agreement which was duly assigned Contract No. C300306 by the Comptroller of the State of New York, which said agreement the parties now desire to amend, and WHEREAS, Contract No. C300306 provides for amending the contract by agreement in paragraph no. 13, and WHEREAS, the NYSDEC has advised that the said contract for the Town of Queensbury Landfill is now eligible to receive the full $2 million of State Assistance that was originally requested, and WHEREAS, a proposed amendment to the aforesaid contract has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes, on behalf of the Town of Queensbury, the proposed amendment to the contract between the NYSDEC and the Town of Queensbury and identified or known as Contract No. C300306, said Contract being for purposes of acquiring State Assistance Payments for the Town of Queensbury Landfill Closure Project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute and place the seal of the Town of Queensbury, if necessary, on the aforedescribed amendment to the aforesaid contract, and hereby further authorizes the Town Supervisor to take all other steps that may be necessary to request the execution of the agreement by the appropriate departments or officials of the State of New York, implement the terms and provisions of the agreement, and at such time as is appropriate, seek payment for any expenses that are eligible for reimbursement and to continually take all steps that may be necessary to apply for and obtain reimbursement of expenses incurred by the Town of Queensbury in connection with the Landfill Closure Project, as may be allowed or provided for under the terms and provisions of the aforesaid contract and amendments thereto, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury is of the belief and represents that it has the legal status necessary to enter into the aforesaid contract and amendment to the contract described hereinabove. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION DEEMING OLD RECEIVABLES UNCOLLECTIBLE RESOLUTION NO. 642, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has reviewed certain accounts receivable in the General Fund and has determined that reasonable efforts have been made to collect the amounts due and that further action is not appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the following accounts receivable for technical assistance charges shall be written off as uncollectible: BILLING DATE NAME AMOUNT BILLED 1. 06-Nov-89 Batease - Dream Lake $ 52.50 2. IO-May-89 Blind Rock - BD Const. 127.50 3. 22-Feb-91 Brown, Arlene, Ridge Rd. 71.38 4. 28-Feb-90 D'Angelo 187.13 5. 22-Feb-91 MadisonlDiamantis 39.38 6. IO-May-89 Pusz, Robert 136.50 7. 05-Dec-90 Wiele, Wayne & Dawn 103.26 Duly adopted this 19th day of December, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek noted change deleting four lines. Town Board agreed to change and the resolution passed reflects that change. ATTORNEY MATTERS Attorney Dusek noted that he had four matters of litigation for Executive Session. DISCUSSIONS Town Board held discussion and scheduled the following meetings: Tuesday, December 20th at 6:30 p.rn. Wednesday, December 28th at 4:00 p.rn. Tuesday, January 3rd at 7:00 p.m., the Organizational Meeting Supervisor Champagne referred to letter from Wilton Developmental Disability Service Office notifying the town that the home that was originally scheduled on Susan Place has been now moved to 12 Meadow Lane. They have sited the new home for the five disabled adults to 12 Meadow Lane and there will be no hearings, that's the final verdict. Supervisor Champagne referred to handout from the Warren County Board of Supervisors regarding the 1995 tax rate and requested the Town Board members to review. OPEN FORUM 7:55 p.m. Mr. Dick Goedert, Treasurer of West Glens Falls Emergency Squad spoke to the Town Board regarding the proposed contract. Noted that he submitted a letter today to the Town Attorney and the Town Board proposing a compromise in the wording. Would like the Town Board to consider our proposal. It's the only thing I see in the contract that needs to be addressed that's not acceptable at this time to us. Town Board held discussion, no decision was made and agreed to discuss further at tomorrow night's meeting. Mrs. Connie Goedert, Captain of West Glens Falls Emergency Squad spoke to the Town Board regarding the proposed contract. Would like to stress to you to understand, in signing a contract with the emergency squad, you are signing for us to give you a service and we give you that service. In giving you that service, it does not give you the control of our agency. It gives you control of the amount of money that you will pay for that service. Also, I would encourage you to look at these companies individually. Mr. Pliney Tucker, Division Road-Questioned the status of the street lights at the ramp off the Northway at the Corinth Road? Councilman Wiswall-I haven't heard anything. I asked Paul Naylor to look into it. Paul, did you have anything to report on that? Mr. Paul Naylor, Highway Superintendent-I haven't got anybody yet that will talk about it. Councilman Wiswall-Pliney, I won't be able to help you on that because I submitted my resignation today and as of the 31st of December, I will no longer be on this Board. Mr. Tucker-Okay, we'll wait until after the 1st of the year. Nick, you spoke about term and term limits at last week's workshop, would you go through it again for me? Councilman Caimano-My intent is to explore legislation that would have term limitations on the Ward members. It would not interfere with the Highway Superintendent or the Town Clerk unless they wanted to be a part of it. I don't think the two year term is long enough. So, I would see and like to discuss the idea of having four year terms for the five elected Board Members with two term limitations and I would like to see them staggered so that everybody's term wouldn't end at the same time. Mrs. Kathleen Salvador, DunlIam's Bay-Referred to the letter that John Salvador read into the record in November concerning the vessel regulation zone on the bays in Lake George. After he read this letter into the record, Mr. Caimano asked Mr. Champagne's secretary to check and see if John was telling the truth. I would like to know if you have checked into this and have you verified yes, he was telling the truth? Councilman Caimano-Did you check? No, she didn't check and you were not here that day but I think John would verify, certainly others would, I asked that with tongue and cheek as I often do and I smiled when I did. Mrs. Salvador-But the smile and the tongue and cheek does not go into the record. Councilman Caimano- That's true. Mr. John Salvador-What is the status of the Comprehensive Plan? Executive Director, Mr. Martin-It's underway, the Comprehensive Plan Advisory Board is meeting in early January. Mr. Salvador-With regard to the Lake George Park Commission, I read in the newspaper where Ron Montesi has made the suggestion that we abolish the Lake George Park Commission and I understand everybody is lining up to make presentations, to lobby if you will sometime in January. Is the town going to participate? Supervisor Champagne-I'll be participating, absolutely. Mr. Salvador-I'd like to remind the town that in 1961 this town passed a resolution in non-support of the legislative enactment that created the commission. Referred to the public hearing scheduled for the Department of Public Utilities, will you bring forth at that time an alternate? Councilman Caimano-Sketch plan, yes. Mr. Salvador-Your holding a public hearing and asking the people to weigh two alternatives. Councilman Caimano-No we're not. Mr. Salvador-No? Councilman Caimano-No, we've weighed the two alternatives. All we're saying is, give us your input on the fact that we're going to eliminate this public law because we have to by law. Mr. Salvador-Why do you have to by law eliminate it? Councilman Caimano-Because it stands in the way of doing what we want to do. Mr. Salvador-Then we should know what you want to do. Councilman Caimano- Y ou will. Supervisor Champagne-We'll have a sketch plan for you. Mr. Salvador-There was a resolution earlier this evening concerning the History Department. I'm wondering if we've got another department of government going here. Councilman Monahan-I think they meant to refer to was the Town Historian. Mr. Salvador-During the budget hearing it came to my attention that the town taxpayers are paying forty thousand dollars for transportation services and it was said that this is the money that we pay to the Glens Falls Transportation system for the number of miles. I've never seen a bus drive by my door in the north end of town and it might be a nice service for us as we develop our recreational zone on Lake George. Councilman Caimano-We'lllook into it. Mr. Salvador-Before you pay any of that money in the coming year, could we look into this? Councilman Monahan-You do realize our fee is, part of the way our fee is done is according to the miles traveled in the town. Councilman Pulver-It will cost more. Councilman Monahan-It will cost alot more. Mr. Salvador-Cut back some place else. Councilman Monahan-If you can get enough people that would ride the buses, they would be glad to extend the service I'm sure. Mr. Salvador-I'm contributing something to that forty thousand dollars and I'm not getting a thing out of it. Supervisor Champagne-Well, I'm in the same boat, I'm paying the same costs and they don't run to Sunnyside either. Mr. Salvador-How do you like it? Supervisor Champagne-I don't mind it. Mr. Salvador-I do. Mr. Tucker-It goes by my house, I pay for it and I don't even use it. Mr. Salvador-Seriously, it might be an easy way for help to arrive on our doorstep. Right now, every single one of our employees has to have wheels. Councilman Caimano- That's not a bad thought, at sununer time for the kids. Supervisor Champagne-That point is well made, John. One of the major inhibitors of to day's employee to get to job location other then child care is a matter of transportation. OPEN FORUM CLOSED 8:40 p.m. COMMUNICATIONS Ur of resignation from Councilman Wiswall; Dear Colleagues, Due to my health problems, I'm resigning from my position of Councilman Ward II, Town of Queensbury. It has been an interesting experience. I have enjoyed serving on the Town Board and the several committees thereof. I wish to be relieved of my duties by December 31, 1994. Sincerely, R. George Wiswall, DM Councilman, Ward II (letter on file in Clerk's Office) AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 643, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Audit of Bills appearing on abstract December 19th, 1994, numbering 94- 489700 thru 94-518600 and totalling $843,913.32 be and hereby is approved. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Nick Caimano, Vendor #000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 644, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss four matters of litigation. Duly adopted this 19th day of December, 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. 645, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano 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 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None (Councilman Wiswall adjourned from meeting) RESOLUTION AUTHORIZING SETTLEMENT RESOLUTION NO. 646, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there have been four petitions filed, three of which are in the name of Charles H. Maine and Beverly Maine against Helen Otte et ai, one of which is in the name of Maine Enterprises, Inc. against Helen Otte et ai, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the petitions with the Town Attorney and has also reviewed proposed settlement figures for the properties that are involved in the petitions, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby determines it appropriate and authorizes settlement of each of the petitions, one petition has been filed for each property to be settled in the following amounts: 54-5-11.1 pond, $15,000.00 54-5-11.42 wood lot, $21,900.00 56-5-3 Terrance Road $26,800.00 54-7 -44 No change in assessed value. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Dr. Wiswall RESOLUTION TO ADJOURN RESOLUTION NO. 647, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 19th day of December, 1994, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY