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1994-12-28 SPECIAL TOWN BOARD MEETING DECEMBER 28, 1994 4:00 P.M. MTG.#74 RES.651-644 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Town Attorney Supervisor Champagne-Opened the Meeting RESOLUTIONS RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PRESTON COMPUTER SERVICES RESOLUTION NO. 651.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury is desirous of retaining the services of Preston Computer Services for the 1995 year, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of Preston Computer Services for the 1995 year, in an Agreement to be approved by the Town Attorney, and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town, and BE IT FURTHER RESOLVED, that the cost of this Agreement, $10,400., shall be paid for from the General Fund, Data Processing Account. Duly adopted this 28th day of December, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs.Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY - H&L TRANSPORTATION RESOLUTION NO. 652.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for transportation for the elderly in the Town of Queensbury for the year 1995, and WHEREAS, H&L Transportation has offered to provide transportation services for the elderly for the year 1995 for an amount of $13,885.92, and is determined to be the lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the contract for transportation of the elderly for the Town of Queensbury for the year 1994 to H&L Transportation, for an amount of $13,885.92, and BE IT FURTHER, RESOLVED, that the contract amount shall be paid for from the previously budgeted account. Duly adopted this 28th 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 APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO.: 653.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the special Audit of Bills as represented by Voucher #945254, in the total amount of $ 803.14, payable to John W. Caffry, Esq., as Attorney for Blanche Allegra Ireland and Lake George Association, Inc., be and hereby is approved. Duly adopted this 28th 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 AMEND 1994 BUDGET RESOLUTION NO.: 654.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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: LANDFILL: FROM: TO: AMOUNT: Landfill Reserve (Fund #63) Landfill Closure Capital Project (Fund #92) $500,000 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 28th 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 INTERFUND ADVANCES RESOLUTION NO.: 655.94 INTRODUCED BY: Mrs. Carol Pulver 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 Expansion $ 35,000. Cap. Project and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 28th day of December, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 656.94 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: ATTORNEY: AMOUNT: TO: $ 01-1420-2010 (Office Equipment) 01-1420-2032 (Computer Software) 600. BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-5132-2899 4,125. (Misc. Cap. Const.) 01-5132-2899 393. (Misc. Cap. Const.) 01-5132-2899 1,291. (Misc. Cap. Const.) 01-5132-2001 570. (Misc. Equipment) 01-1620-2001 2,036. (Misc. Equipment) 01-5132-4300 (Utilities) 01-5132-4400 (Misc. Contractual) 01-5132-4500 (Fuel Oil) 01-5132-4300 (Utilities) 01-1620-4400 (Misc. Contractual) COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3620-1370 (Asst. Building & Zoning Off.) 01-3510-2020 (Vehicles) 2)00. and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 28th day of December, 1994, by the following vote: AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None DISCUSSIONS ENVIRONMENTAL COMMITTEE APPOINTMENTS It was the decision of the Town Board to increase the Environmental Committee Board's size to a total of ten members, and to appoint three new members: Ms. Deborah Roberts, Mr. John Davis and Mr. Donnie Monroe...to be done at a later time in this meeting... INTERVIEW SCHEDULE FOR COMPTROLLER Tentatively set for Thursday, January 12th at 4:00 P.M. ... Friday January 13th at 4:00 P.M. is set aside if needed for interviews... Board Members will check their schedules ENVIRONMENTAL COMMITTEE APPOINTMENTS RESOLUTION INCREASING SIZE OF CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES AND APPOINTING MEMBERS RESOLUTION NO. 657.94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan: RESOLVED, that the following individuals are hereby appointed to the Citizens Advisory Committee on Environmental Issues, which includes the increase of the Environmental Committee to ten members. MEMBERS: Mr. H. David Hodgson Mr. Thomas Jarrett Mr. Charles H. Maine Mr. Ralph Nestle Mr. Richard Sage Mr. Steven Traver Mr. David Welch Ms. Deborah A. Roberts Mr. John G. Davis Mr. Donnie M. Monroe Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None 1995 TOWN INSURANCE PROPOSALS Mr. David Fasioli was present at the meeting... It was noted that there will be no recommendations done at this meeting, further research is being done... Councilman Monahan-noted that it may be more cost effective to go with Mr. Fasioli's proposal, to cancel our present public official... and go on a new public officials as of January 1st.... If we decide to go with this firm I would want this documented by an officer in that company, with a sworn affidavit behind that he has a right to bind that company, if we have to wait until May... Mr. Fasioli-noted that the firm has eighteen municipal accounts and has been in business since 1929... SPECIAL BOARD MEETING The Town Board of the Town of Queensbury will meet on Friday at 12 Noon for a Special Board Meeting.. . WARD 2 COUNCILMAN REPLACEMENT Individuals who have expressed interest in the position... Mr. Ted Turner, Mr. Leonard Biles Jr., Mr. Mark Radloff and Mr. George Goetz Councilman Caimano-Reported to the Board that because the Supervisor and myself are also members of the Republican Committee and because that committee recommends to this board we would be in the position of recommending to ourselves, so I for one will not vote on the committee for a recommendation. Supervisor Champagne-I feel the same way. Councilman Monahan-I would like this Town Board to issue an invitation to anybody that is interested in that job regardless of party affiliation. Councilman Caimano-It is ludicrous to think that whether you are Democratic or Republican that party affiliation doesn't matter because it does that is why you do that but we are not excluding anybody from anything. Councilman Monahan-That is right, don't think that you shouldn't at least ask for an interview. Councilman Pulver-If a person is truly interested that they submit a letter and contact the entire Board. Councilman Monahan-Noted that if she was applying I would send a letter to both the Committee, if I wanted to, and also the Town Board. Councilman Pulver-Noted that if an application goes to the Committee it should be referred it to the Town Board. WEST GLENS FALLS WATER COMPREHENSIVE SMALL CITIES GRANT Mr. Bob Murray present Executive Director James Martin-Reported to the Board on the Small Cities Grant...two avenues 1. Comprehensive Grant or 2. Single Purpose Grant Applications must be in by February 21st... We have a solid single purpose grant application, for a public facilities project, the replacement of the water lines and the necessary work as indicated in the O'Brien and Gere Report. We have a boil water order from DOH, we have an income survey and an engineering report... Prospect for a Comprehensive Grant-Economic Development Activities, housing re-hab, septic work, neighborhood play ground...plus water improvements as part of that... None of these things are guaranteed, it is my opinion that we have a strong single purpose application, if you put this into a comprehensive grant then if the comprehensive grant is turned down you loose the water district improvements as well.. Noted that both should be looked at for feasibility... Mr. Bob Murray-One of the reasons for the discussion is to see whether we could get a nod to examine in more detail the possibility of the comprehensive, not a decision as to one or the other...ifwe were to put together a program and work with you, you would have an opportunity to identify precisely what the activities are and what those costs would be and how much money you would be looking at over a long period of time and make a judgement as to whether the details we would come to whether you could recommend taking the risk of going with a comprehensive or going back to your fall back position. Noted with the change in rules there is more opportunities if you can put together a good package... This would be an outright grant to the Town 100% no matching funds... Councilman Caimano-Ifyour chances of getting the single purpose grant are 90% and because we go to the multi purpose comprehensive it reduces that significantly I think we would be remiss because it is not a good or better it is an absolute that has to be done for the health and welfare and need of the people and we should not be playing with that. If there is any risk at all of loosing that I would not vote for fooling with it. Councilman Monahan-Which ever method makes us the strongest to be sure of getting the water grant that is the important thing. If there is more strength to get the water under the comprehensive or more strength to get it the water by itself that has to be the determining factor. Executive Director Martin-Noted the comprehensive opportunity stays out there, you have something that you could follow up on the next funding. Councilman Pulver-When is the next funding? Executive Director Martin-They are usually annually. Councilman Monahan-With the comprehensive grant without the water does the comprehensive grant loose its validity? Mr. Murray-One of the components in a comprehensive grant you have to meet criteria, one being public facilities...another eminent threat a design criteria, it looks if you were to take the water situation and apply it to the criteria in the comprehensive program it relates to eminent threat that would make your comprehensive program very strong. Councilman Monahan-I want to go after the water in the strongest way possible... Mr. Murray-Spoke to the Board regarding the Federal situation on Hud grants, he noted that he felt that there would be more funds available not less in the block grant programs. Discussion held on what would happen next...it was noted that Mr. Murray and Mr. Martin would outline what would be a reasonable proposal without all the backup data and make a judgement and bring that back to the Board... Councilman Pulver-Questioned if any of the funds could be used for land acquisition? Mr. Murray-Yes, you can acquire it, you can clear it you can demolish it you could rebuild it a park you could relocate people if you had someone voluntarily agreed to sell. Noted he would be back to the board in a few weeks. (Councilman Dr. Wiswallleft during the discussion) HUDSON POINT CONTRACT Attorney Dusek -You have an agreement with Hudson Point Developers and one of the clauses in the agreement says, all vehicles utilized in the construction of roads, housing units, commercial areas, shall be kept in good repair so as to reduce impacts associated with noise and odor, it also goes on to say traffic associated with the construction of buildings within the project shall be restricted to use the Niagara Mohawk Service Road which extends from Corinth Road next to the Town Water Treatment Plant...the Attorney called me up, he remembered the discussion as to why, the big issue was you want to keep them out of the residential area, he asked if that meant that when we build our roads to our development that we cannot use those for construction purposes? .... he wants to know if he builds a road and dedicates it to the Town can he use that road to get in and finish off his sites... Board agreed that he can use the service road or his own roads...will amend the agreement... REVIEW 1995 ORGANIZATION RESOLUTIONS 1. Amend the committee list Place Animal Control under Community Development Add Building and Grounds with Monahan and Caimano 2. Add Kerrie Lewis as Deputy Court Clerk 3. Res. regarding Landfill Supt...will be reviewed by the Town Attorney regarding title change Solid Waste Facilities Operator ... you do not need to reappoint him obviously hold this aside and straighten it out once an for all regarding his title... 4. Asked Town Attorney to check appointment of Town Historian to see if it was a two year appointment and Receiver of Taxes 5. Salaries-discussion held not to be set at Organization Day RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 658.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss matters of Attorney Client Privilege and Collective Bargaining related. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Dr. Wiswall RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 659.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board adjourns its Executive Session and moves back into Regular Session. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Dr. Wiswall BACK TO ORGANIZATIONAL DAY RESOLUTIONS 6. Have Supervisor check Crossing Guards Salaries 7. Mileage to be same as Federal Rate 8. Bonded Accounts-add: Pine View Cemetery Personnel and Mr. Bob Edwards and Employees of the Water Dept. that handle money ... 9. Setting Board Meetings...Attorney Recommended change-reworded Workshop - word it so you can do resolutions at the pleasure of the board FIRE COMPANY CONTRACTS Meeting with South Queensbury at 11:30 tomorrow... Councilman Caimano-Noted that West Glens Falls Rescue is happy with their contract and ready to sign (have signed) noted that changes were made to all the contracts, Rescue and Fire much of the language coming from things we got back from the Rescue Companies and Fire, I have talked to W.G.F. Fire and they are happy with the contract... Attorney Dusek-We have had communication from Brian Fisk on behalf of Bay Ridge Rescue requested a meeting ...date has not been set... Attorney Paul Pontiff represents Queensbury Central and Bay Ridge Fire CO...reviewed with the Town Board language change requests... Discussion held regarding vehicle fund... Councilman Pulver noted that regarding the vehicle fund my position is the ones that we have designated to get the vehicle fund for this year because they have made purchases they will get it, anyone else will not get it, it is closed, I am not negotiating, I will vote no that they will not get their vehicle funds. Councilman Caimano-It is a closed subject, we are going to do things our way until we work this out and most people are happy with it. Discussion held regarding the March 1st. payment date...there seems to be confusion on that....seemed to be working out... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 660.94 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 moves into Executive Session to discuss Attorney Client Privilege. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 661.94 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 its Executive Session and moves back into Regular Session. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Dr. Wiswall ESTABLISHMENT OF ZONING OFFICER POSITION To be discussed at next workshop Councilman Monahan and Executive Director Martin will review this next week... MOORING POST RESOLUTION TO RESCIND APPEAL RESOLUTION NO. 662.94 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 amends the previous resolution which authorized Mr. Fred Champagne to take an appeal of the Zoning Administrator decision in connection with the Mooring Post, that authorization and direction to take the appeal is hereby rescinded while the rest of the resolution remains in full force and effect. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall QUEENSBURYFOREST Attorney Dusek-I have had conversations with Tim Alden, Attorney for Ammerotti...possibly to have meeting with Tim Alden, Town Attorney and Engineers (Rist Frost and Morse), questioned if the Board would be in favor ofthat...requested that a member of the Board should be present...asked Carol Pulver to attend. .. DISCUSSION HELD REGARDING ICE SKATING RINK Councilman Monahan-Noted she had received a communication from residents of the Jenkinsville area regarding a skating rink... would like to talk with Mr. Chandler and other neighbors and maybe have a member of the Recreation Commission there and find out how they would like to have that park go... Councilman Pulver-I will send Sharron Simmonds a copy of this letter... Councilman Monahan-No reason to wait for snow the ground is frozen, he can put up boards he can take plastic and put it down and flood that and let the kids have something to do over there. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 663.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury here by moves into Executive Session to discuss Assessment litigation, and collective bargaining matters. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Dr. Wiswall RESOLUTION ADJOURNING EXECUTIVE SESSION AND ADJOURNING MEETING RESOLUTION NO. 664.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury adjourns its executive session and regular seSSIOn. Duly adopted this 28th day of December, 1994 by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury