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1995-01-09 SPECIAL TOWN BOARD MEETING JANUARY 9, 1995 4:00 P.M. MTG #2 RES. 35-43 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN (entered meeting 4: 15) COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Jim Martin, Executive Director of Community Development Mike Shaw, Wastewater Superintendent PRESS: GF Post Star WORKSHOP Supervisor Champagne called meeting to order ... RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL," TO AMEND ARTICLE XXIV CONCERNING "ESTABLISHMENT OF SEWER RENTS." RESOLUTION NO. 35, 95 INTRODUCED BY: Mrs. Carol Pulver 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 136 thereof, entitled "Sewers and Sewage Disposal", to amend Article XXIV concerning "Establishment of Sewer Rents," and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, 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, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 23rd 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 9th day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 36, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 40 - Queensbury Water 46 - West Glens Falls $ 5,000. Water 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 9th day of January, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSIONS Mr. Jim Martin reviewed with the Town Board the job descriptions, duties and responsibilities of the positions of Zoning Officer and Building Inspector that are presently being considered in his department. Attorney Dusek is to prepare resolution creating the new position of Zoning Officer. Supervisor Champagne referred to Bay Ridge Rescue Squad, noted that he spoke with Brian Fisk and he told him their company meeting is tomorrow night and hopefully we'll have him in Wednesday morning to sign the contract. Supervisor Champagne referred to the letter from a representative with Habitat for Humanity questioning whether we had property that could be donated. My understanding, after speaking with the attorney, there's question as to whether the town has the authority to donate town property to a private organization. Town Board agreed that it would be a gift of public funds and would not be appropriate. Supervisor Champagne noted that the interviews for the position of Comptroller is this Thursday at one o'clock. Town Board reviewed the proposed letter to non-union employees, made some changes and agreed to sign and send out. Supervisor Champagne noted that he received a call from George Daly, our crossing guard. He told me he had to jump out of the way to avoid a speeding car and doing that dropped his radio which was run over by the car and destroyed. He uses this for any emergency calls. Our insurance will not cover it, it's a one hundred and seventy-eight dollar item and I would like your permission to replace that for George. Town Board held discussion and agreed not to pay for the replacement of the radio. Councilman Caimano referred to last week's comment he made regarding Hiland Park. I wanted to open up a dialogue and I certainly opened up a dialogue. I spent alot of time, good time this weekend talking to many people, on the phone and in person regarding the Hiland situation. I got both sides. People were, "let's get the town into it" to "what, are you nuts, let's hang you", and they were good dialogues. However, one of the arguments that I could never overcome on the anti people was the privatization thing because deep in my heart I think that government ought not to be involved in private industry and I found myself trying to defend myself against private golf courses like Queensbury and Kingswood. I couldn't come up with a solid argument because I really didn't and I love to argue, I just didn't believe it. I know, as you people know the potential benefits that could come from the town helping it's people through ownership of a recreational facility which did not cost the taxpayers but I can't overcome those arguments. I'm going to back away, personally back away from it unless we get some other evidence that comes through that says, something that we can show the public that here's a situation, it's not going to cost you anything, as a matter of fact, it's going to help you. Right now, I can't present that because of our limitations in our discussions with Hiland, number one and number two, I can't otherwise defend myself on this privatization matter because I don't believe in it. Supervisor Champagne noted that he was down in South Queensbury Friday afternoon around CDK contractors, opposite Phillips Avenue and water is backing up in some of the cellars in this winter weather. Paul Naylor was there with us and he's asked to have Leon Steves brought into identify by survey the exact location where we need to open a ditch. Town Board held discussion and the following resolution was proposed: RESOLUTION TO RETAIN SERVICES OF VANDUSEN & STEVES FOR SURVEYING PURPOSES RESOLUTION NO. 37, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to retain the services of VanDusen and Steves for the purposes of identifying by meets and bounds description those areas of various properties over which a drainage ditch could be constructed, and BE IT FURTHER RESOLVED, that the payment for VanDusen and Steves services shall not exceed one thousand dollars ($1,000.00) and shall be paid for from the drainage account no. 1-8540-4400. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Town Board held discussion regrading professional services. Supervisor Champagne noted a request from Kim for payment of tuition for another Plattsburgh graduate course, Theories of Administration. I'd like to recommend that we pay that tuition of five hundred and four dollars for a three hour course. Town Board held discussion regarding the policy, recommending some changes: course related to job and payment only on completion and passing of course. Tuition to be paid based upon the contract, equal to the amount of an ACC course. Mr. Mike Shaw, Wastewater Superintendent spoke to the Town Board regarding the hiring of an engineering firm for a capacity study in the City of Glens Falls. Supervisor Champagne noted that O'Brien and Gere has already done the preliminary in the first review and would recommend that someone from O'Brien and Gere do an analysis to see where we are with it and what options we have. Mr. Shaw agreed to get a dollar amount from O'Brien and Gere for the Town Board before going forward. AUDIT OF BILLS RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 38, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Special Audit of Bills appearing on abstract January 9, 1995, numbering 94- 518700 thm 94-544402, 95-000101 thm 95-008100 and totalling $317,580.97, be and hereby is approved. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano, Vendor #000127 Mrs. Monahan Discussion during vote: Supervisor Champagne-I'll vote yes but I have two comments to make. One is, I find that we're purchasing cleaning supplies at Gwinups store for cleaning the trailer evidently parked at the Recycling Center and I think that should be part of what we do here internally. Secondly, I see where Wastewater is using Whiteman's for tune-up for their vehicles and I didn't know why they weren't using ... Mr. Shaw noted that they don't have the equipment to perform the service. Supervisor Champagne-Okay. Town Board held discussion realizing that the audit, specifically the post star, vendor #000127 was not passed. Town Board took recess for Councilman Monahan to review audit. RESOLUTION TO RESCIND RESOLUTION NO. 38 OF 1995 RESOLUTION NO. 39, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 38 ofl995. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 40, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Special Audit of Bills appearing on abstract January 9, 1995, numbering 94- 518700 thm 94-544402, 95-000101 thm 95-008100 and totalling $317,580.97, be and hereby is approved. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano, Vendor #000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 41, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss two personnel matters of a particular employee. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 42, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN RESOLUTION NO. 43, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 9th day of January, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY