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1995-02-06 TOWN BOARD MEETING FEBRUARY 6, 1995 7:00 p.m MTG.#8 RES. 81-120 BOH. 1-2 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO SUPERVISOR CHAMPAGNE-Opened the Meeting-Welcomed our new Comptroller Ms. Katherine Geoffroy, glad to have you on board. RESOLUTION OF APPOINTMENT TO FILL VACANCY IN OFFICE OF TOWN COUNCILPERSON RESOLUTION NO.: 81,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, a vacancy exists in the office of Councilperson in the Town of Queensbury, Warren County, because of the resignation of Dr. R. George Wiswall, who was elected to such office in November, 1993 for a term of two (2) years from the 1st day of January, 1994, NOW, THEREFORE, BE IT RESOLVED, that by virtue of the authority vested in the Town Board of the Town of Queensbury by ~64, Subdivision 5, of the Town Law, Mr. Theodore Turner of the Town of Queensbury be and hereby is appointed to fill the vacancy existing in such office of Councilperson. Such appointment is effective immediately and the said Mr. Turner shall hold such office until December 31, 1995, and BE IT FURTHER, RESOLVED, that the members of the Town Board shall, in witness, hereunto set their hands in the Town Hall in said Town on the 6th day of February, 1995. FRED CHAMPAGNE, TOWN SUPERVISOR NICHOLAS A. CAIMANO, TOWN COUNCILPERSON BETTY C. MONAHAN, TOWN COUNCILPERSON CAROL A. PULVER, TOWN COUNCILPERSON Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Town Clerk Darleen Dougher presided over the swearing in of Mr. Theodore Turner, Ward II Councilman for the Town of Queensbury. OATH TAKEN Town Board Members congratulated Mr. Turner PUBLIC HEARING PROPOSED LOCAL LAW ON AMENDING CODE OF THE TOWN OF QUEENSBURY CHAPTER 16, THEREOF, ENTITLED "FIRE DEPARTMENT" NOTICE SHOWN PUBLIC HEARING OPENED Supervisor Champagne-Maybe Paul, would you give us a brief overview of what we are doing with it here? Attorney Dusek-The purpose of this local law was to broaden the investment ability of the Town with regard to the firemen's service award fund. When the law was originally established the investments were limited to the same types of investments that the Town can make with regard to its own funds, which means basically savings accounts, CD's very narrow scope of investments, certainly nothing that would be similar to the type of investments you might make in a retirement fund. The general state law that governs this particular matter which gave rise to the Town's own law is actually broader and allows broader investments in fact it allows investments closer to that of what is usually made into retirement fund basically requiring the prudent BAN or reasonable BAN standards in terms of investment. Through a variety of amendments to the law which this particular law seeks to make it opens that door for the Board to make the investments, however it does not prohibit the Board however, from making the same types of investments that were previously made it simply allows an opportunity for the Board to establish different ways of investing funds. Supervisor Champagne-Ok, this was brought to our attention I believe it was last fall or early last fall from the members of the fire departments and we kind of put this together and from my understanding they have all agreed upon this and welcomed it as a matter of fact. Councilman Caimano-Actually, is the Public Hearing Opened? Supervisor Champagne-Yes, it is an open public hearing. Councilman Caimano-Actually it came as a result of several meetings that were held over the past several years. There were some fire people who were, who were concerned about it but there are also several of us on the Board and on the Town who were concerned about it because they simply were not getting the best benefit in terms of their investment and that is why we brought this forward. Supervisor Champagne-Anyone here in the public to speaking for, against? Seeing no one, Closed the Public Hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 4, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 16 THEREOF, ENTITLED, "FIRE DEPARTMENT." RESOLUTION NO. 82, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 16 thereof, entitled, "Fire Department," which Local Law would provide for, among other things, a definition of investment agent, the amendment of the previously authorized Fire Service Award Program and Trust Document, the appointment of a trustee or trustees for the fire service award (other than the Town of Queensbury), the retention of the services of an investment agent and authorization for the Town Board of the Town of Queensbury to arrange for braoder permissible investments of service award funds by trustees thereof, subject generally to the prudent person standard and standards applicable to investments of similar types of funds, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on February 6, 1995, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that since the action about to be undertaken is administrative in the nature of continuing administration, the same is determined to be Type II under SEQRA, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 16 thereof, entitled, "Fire Department," to be known as Local Law Number 4, 1995, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTIONS RESOLUTION TO CONDUCT SHAMROCK SHUFFLE 5 MILE ROAD RACE RESOLUTION NO. 83, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Adirondack Runner Club has requested permission to conduct a Shamrock Shuffle 5-Mile Road Race as follows: SPONSOR: EVENT: DATE: PLACE: The Adirondack Runners Club SHAMROCK SHUFFLE 5-MILE ROAD RACE Sunday, March 19, 1995 Beginning and ending at Glens Falls High School (Letter and map regarding location of run attached); and WHEREAS, Paul H. Naylor, Town Highway Superintendent has approved of said race course, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to hold the Shamrock Shuffle 5 Mile Road Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that should weather conditions or other conditions necessitate Town Road repair and/or maintenance or require other emergency use thereof, the Town Highway Superintendent may direct modification of the race course, location of the same and/or cancellation of the race. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION REQUESTING UPGRADE OF STREET LIGHTS RESOLUTION NO.: 84, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Carol Pulver WHEREAS, the Town of Queensbury currently maintains, through Niagara Mohawk Power Corporation, street lights at the following locations in the Town of Queensbury: STREET POLE # Yorkshire Drive Ames Place Ames Place Barber Avenue SLS 4 2 4 1 Barber Avenue 3 Barber Avenue 5 Barber Avenue 7 Bullard Avenue 1 Bullard Avenue 3 Bullard Avenue 5 Bullard Avenue 6 Burke Road 12 Burke Road 13 Burke Road 3 Burke Road 5 Burke Road 7 Burke Road 9 Chestnut Ridge Road 36 Dixon Road 13 Dixon Road 14 Dixon Road 19 1/2 Dixon Road 54 Grant Avenue Ext. 30 Grant Avenue Ext. 32 Grant Avenue Ext. 34 Grant Avenue Ext. 35 Linden Avenue 1 Linden Avenue 2 Linden Avenue 4 Mannis Road 3 Nottingham Drive 3 STREET POLE # Nottingham Drive 5 Old Aviation Road 3 Old Aviation Road 7 Park Place 1 Park Place 3 Parkview Avenue 3 Parkview Avenue 4 Parkview Avenue 6 Parkview Avenue 8 Seward Street 1 Seward Street 3 Seward Street 5 Sherman Avenue 102 Sherman Avenue 97 Veterans Road 1 Veterans Road 2 West Mountain Road 77 Aviation Road 14 Corinth Road 137S Dixon Road 18 Dixon Road 20 1/2 Dixon Road 23 Dixon Road 25 Dixon Road 59 Fire Road 8 Luzerne Road 46 1/2 Luzerne Road 56 Luzerne Road Luzerne Road Parkview Avenue Parkview Avenue 62 1/2 96 10 5 and WHEREAS, the Town Board of the Town of Queensbury is desirous of upgrading some existing mercury vapor street lights to high pressure sodium bulbs, and WHEREAS, the Town Board has been advised that by changing the lights from the existing mercury vapor lights to the sodium lights, the electricity cost would decrease for each one of the lights, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to request that Niagara Mohawk upgrade the street lights listed in the preambles of this resolution to the high pressure sodium bulbs, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any and all documentation that may be necessary to accomplish the purposes of this resolution, and BE IT FURTHER, RESOLVED, that the cost of replacing the lights will be paid for from the appropriate account. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING REPAYMENT AGREEMENT RESOLUTION NO.: 85,1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been presented a Repayment Agreement which provides for the repayment of certain funds previously paid by the Town to QEDC which the Town Board feels should be repaid to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Repayment Agreement and authorizes the Town Supervisor of the Town of Queensbury to execute the same on behalf of the Town and place the seal of the corporation on the said Agreement should it be necessary. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION AMENDING RES. 406, 94 CONCERNING RETENTION OF SERVICES OF URBACH, KAHN AND WERLIN, P.C. RESOLUTION NO.: 86,1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 406, 94 which authorized the retention of Urbach, Kahn and Werlin, P.c., to perform auditing services of the Town's Fire and Rescue Companies' accounts, and WHEREAS, an amount of $10,000 was allocated in said resolution for the auditing services, and WHEREAS, the Town has been advised that the amount for the auditing services has come to $14,500, rather than $10,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 406, 94, such that the cost of the services provided by Urbach, Kahn & Werlin, P.c., is not to exceed $14,500, rather than $10,000. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Turner-Is this the final payment on this installment for the audit for the fire companies? Councilman Pulver-This is for the full amount... Councilman Turner-The format is all set for the fire companies for their audits for every year? Line items are all in order? Councilman Caimano-The audits will not be done every year...Councilman Pulver-There is a booklet of the whole procedure... RESOLUTION RETAINING SERVICES OF URBACH KAHN & WERLIN P.C. CERTIFIED PUBLIC ACCOUNTANTS FOR AUDITING SERVICES TO SATISFY REQUIREMENTS IMPOSED BY SINGLE AUDIT ACT OF 1984 RESOLUTION NO.: 87, 1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has determined that there is a need to provide additional auditing services to the Town of Queensbury for the year ending December 31, 1994, so as to satisfy the audit requirements imposed by the Single Audit Act of 1984 and the US. Office of Management and Budget (OMB) Circular No. A-128, relative to the Town's Community Development Block Grant, and WHEREAS, Urbach Kahn & Werlin, P.c., has offered to render said professional advisory services to the Town of Queensbury at a cost not to exceed $ 500, as more specifically set forth in their letter and proposal dated January 16, 1995 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 Kahn & Werlin P.c., to provide auditing services to the Town of Queensbury for the year ending December 31, 1994, so as to satisfy the audit requirements imposed by the Single Audit Act of 1984 and the US. Office of Management and Budget (OMB) Circular No. A-128, relative to the Town's Community Development Block Grant, and BE IT FURTHER, RESOLVED, that the fee for services rendered by Urbach Kahn & Werlin P.c., is approved in the amount of$ 500, 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 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING MR. JOHN DALTON AS AN ELECTRICAL INSPECTOR FOR MIDDLE DEPARTMENT INSPECTION AGENCY, INC. AN APPROVED ELECTRICAL INSPECTOR RESOLUTION NO.: 88,1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87 entitled, the "Electrical Law of the Town of Queensbury," and further amended the same at the time the Code of the Town of Queensbury was adopted (Chapter 80 - Electrical Standards), and WHEREAS, Chapter 80 of the Code of the Town of Queensbury sets forth certain criteria for businesses and/or individuals to perform electrical inspections in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously determined that Middle Department Inspection Agency, Inc., met the criteria to perform electrical inspections for the Town of Queensbury, and WHEREAS, Mr. John Dalton now works for Middle Department Inspection Agency, Inc., and it is necessary to appoint him as an inspector for said approved company, NOW, THEREFORE, BE IT RESOLVED, that Mr. John Dalton is hereby authorized to make electrical inspections within the Town of Queensbury for Middle Department Inspection Agency, Inc., subject to compliance with the standards set forth in Chapter 80 of the Code of the Town of Queensbury. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING EXPENDITURE OF ENGINEERING FUNDS FOR DRAINAGE PURPOSES AND REQUEST FOR PROPOSALS RESOLUTION NO.: 89,1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is interested in undertaking a comprehensive study of the groundwater conditions and surface drainage in and around the area of Phase III of Queensbury Forest Subdivision along Peggy Ann Road, in the Town of Queensbury, and WHEREAS, there has been submitted at this meeting, a Request for Proposals to Perform Engineering Analysis and Provide Report, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Director of Community Development to advertise and send out copies of the Request for Proposals to all engineering firms expressing an interest and to any other firms that the Director feels may be interested in providing the servIces. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING THE RETAINING OF SANITARY SEWER SERVICE (DIVISION OF G. P. DRELLOS, INC.) FOR EMERGENCY CALL-IN COVERAGE RESOLUTION NO.: 90,1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury is desirous of retaining the services of Sanitary Sewer Service, and Sanitary Sewer Service is desirous of providing services to the Town of Queensbury for emergency call-in coverage for the sewer districts of the Town for the 1995 calendar year, and WHEREAS, an agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement presented at this meeting, and hereby authorizes and directs the Town Supervisor to retain the services of Sanitary Sewer Service for emergency call-in service and execute the annexed Agreement, and BE IT FURTHER, RESOLVED, that any monies due in connection with said Agreement shall be paid for from the Miscellaneous Contractual Account (Account No. 032-8120-4400). Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SERVICE CHARGE FOR NOTICE OF DELINQUENCY TO T AXP AYERS RESOLUTION NO. 91,1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Real Property Tax Law ~987 of the State of New York provides that the Town Board of the Town of Queensbury may provide for a late notice fee when sending notice to delinquent taxpayers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby, pursuant to ~987(l) of the Real Property Tax Law, provides that the Town of Queensbury shall impose and is hereby authorized to impose a one dollar ($1.00) service charge to cover the expense of mailing out a delinquency notice to taxpayers. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mr. Pulver, Mrs. Monahan, 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, CHAPTER 88 THEREOF, ENTITLED, "FIRE PREVENTION AND BUILDING CONSTRUCTION," TO CHANGE THE TITLE OF PARAGRAPH D, NUMBER THE EXISTING SUB-PARAGRAPH AND ADD A NEW SUB-PARAGRAPH ~88-23(D)(2) IN RELATION TO WET CHEMICAL EXTINGUISHING SYSTEMS RESOLUTION NO. 92, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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 88 thereof, entitled, "Fire Prevention and Building Construction," which amendment shall provide for compliance standards for wet chemical extinguishing systems, 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 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 27th day of February, 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 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING TOWN BOARD MEETING DATE RESOLUTION NO. 93.95 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 cancels its Workshop Session of February 27th 1995 and will hold a Regular Meeting on February 27th 1995 at 7:00 P.M. at the Queensbury Activity Center, 742 Bay Road, Queensbury, NY Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION RESCINDING RESOLUTION NO. 587, 94 AND APPROVING AMENDED MUNICIPAL ROAD MAINTENANCE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CITY OF GLENS FALLS RESOLUTION NO.: 94,1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 587,94, previously approved an agreement between the Town of Queensbury and the City of Glens Falls for municipal road maintenance, and WHEREAS, an amended agreement has been prepared at the request of the City of Glens Falls, with a revised paragraph #15, and WHEREAS, the amended Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the amended Agreement referenced hereinabove, and BE IT FURTHER RESOLVED, that Resolution No. 587,94 is hereby rescinded. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Attorney Dusek-This is an agreement the Board previously approved, the City wanted a revision made to paragraph 15, which concerned representations that would survive closure, they wanted it specifically identified as to which representations would survive... RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PRESTON COMPUTER SERVICES FOR PREVENTATIVE MAINTENANCE RESOLUTION NO. 95, 1995 INTRODUCED BY: Mrs. Betty Monahan 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 preventive maintenance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of Preston Computer Services for preventive maintenance, 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 not to exceed $1,000.00, shall be paid for from the General Fund, Data Processing Account. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT FOR ENGINEERING SERVICES MOTION HELD RESOLUTION NO. 96, 1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of continuing to employ the services of Rist-Frost Associates, PC, as consulting engineers, to provide engineering technical services to the Planning Department and Planning Board and, where necessary, the Zoning Board of the Town of Queensbury, and WHEREAS, an Agreement has been presented at this meeting, which Agreement would provide for the continuation of such services for the year 1995, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, hereby determines and authorizes the retention of the engineering firm Rist -Frost Associates, PC, in accordance with the terms and provisions of an Agreement, to be substantially similar to the one presented at this meeting, the same to be in a form approved by the Town Attorney and executed by the Town Supervisor, and BE IT FURTHER RESOLVED, that the cost for engineering services shall be paid for from the Reimbursable Engineering Services Account of the Planning Department. Duly adopted this 6th day of February, 1995, by the following vote: AYES NOES ABSENT Discussion held: It was decided by the Town Board to wait for further information regarding fee schedule... RESOLUTION AUTHORIZING SALE OF SCRAP METAL RESOLUTION NO.: 97, 1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the sale of scrap metal located at the Town of Queensbury/City of Glens Falls Transfer Stations, and WHEREAS, a set of Bidding Documents including a Notice to Bidders has been presented at this meeting which documents provide for the advertisement for sale of such scrap metal and also provide for a Bid Proposal, Non-Collusive Affidavit and Contract of Sale, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to advertise the Notice to Bidders presented at this meeting and the said Town Board of the Town of Queensbury hereby further approves and authorizes the use of the Bidding Documents including the Contract of Sale presented at this meeting, and BE IT FURTHER, RESOLVED, that any funds obtained from the sale of said scrap metal shall be deposited in the Landfill Operations Account. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR MR. JAMES MOSES RESOLUTION NO.: 98,1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~1l3-l2 of the Code of the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Mr. James Moses has filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-l2 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 39 Bennett Road, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on February 27th, 1995 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Mr. James Moses for a "Mobile Home Outside a Mobile Home Court" Revocable Permit on property situated at 39 Bennett Road, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: None Discussion held before vote: It was noted that there is only principal structure on that lot... RESOLUTION TO WITHDRAW MOTION RESOLUTION NO. 99.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that Resolution No. 96.95 is hereby withdrawn. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Monahan, Mr.Champagne NOES: None ABSENT: None Discussion held before vote: Attorney Dusek-noted that there is a another fee schedule... Town Board decided to withdraw the motion... RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR MR. FRANK 1. PARILLO FROM SR-1A TO MOBILE HOME OVERLAY, TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 100, 1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: MR. FRANK 1. PARILLO - Tax Map No.: 125-1-28 corner of VanDusen & Pitcher Roads, Queensbury, New York 12804, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION RESCINDING RESOLUTION NO. 32, 95 AND AUTHORIZING REVISED CONTRACT WITH THE INTERNATIONAL ARTS AND CULTURE ASSOCIATION RESOLUTION NO.: 101,1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 32, 95 authorizing execution of a contract between the Town of Queensbury and the International Arts and Culture Association, and WHEREAS, it is necessary to make further modifications to the agreement and, therefore, rescind resolution no. 32, 95, and WHEREAS, a revised Contract has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 32, 95, for the reason set forth above, and the Town Supervisor is hereby authorized and directed to execute the revised Contract set forth above, and BE IT FURTHER RESOLVED, that payment due on said Contract be paid from the previously budgeted account. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES Mr. Nick Caimano ABSENT: None RESOLUTION TO ACCEPT BIDS FOR LIQUID ALUM, SODA ASH, & LIQUID CHLORINE FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 102, 1995 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: 1) liquid alum, pursuant to bid specification no. 94-7; 2) soda ash, pursuant to bid specification no. 94-8; and 3) liquid chlorine, pursuant to bid specification no. 94-6, said specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Town of Queensbury received bids in connection with the aforementioned advertisement, and WHEREAS, Thomas K. Flaherty, Water Superintendent has recommended that the bids be awarded to the low bidders in each category, as follows: 1. 2. 3. Liquid Alum Soda Ash Liquid Chlorine - to Holland Company, Inc.; to Surpass Chemical Co.; and to Monarch Chemicals; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids referenced hereinabove as follows: 1. 2. 3. Liquid Alum Soda Ash Liquid Chlorine - to Holland Company, Inc.; to Surpass Chemical Co.; and to Monarch Chemicals; as the lowest responsible bidders in each category, and BE IT FURTHER, RESOLVED, that said items be paid for from the appropriate Water Department Account. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION CONSENTING TO THE ZONING BOARD OF APPEALS BEING LEAD AGENT REGARDING USE VARIANCE APPLICATION FILED BY WILLIAM E. THREW MOTION DEFEATED RESOLUTION NO. 103, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has been notified that a SEQRA review is about to be commenced by the Zoning Board of Appeals in connection with a use variance application filed by William E. Threw in connection with a commercial landfill located on Eagan Road, in the Town of Queensbury, and WHEREAS, the Zoning Board of Appeals has indicated it desires to commence a coordinated SEQRA review process and that it desires to be lead agency for purposes of review, and WHEREAS, the Town Board of the Town of Queensbury is also a permitting agency for landfills under the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it consents to the designation of the Zoning Board of Appeals as lead agent for the project and hereby authorizes the Town Supervisor to execute the form presented at this meeting and submit the same to the Zoning Board of Appeals. Duly adopted this 6th day of February, 1995, by the following vote: AYES None NOES Mrs. Pulver, Mrs. Monahan, Mr. Caimano, Mr. Champagne ABSENT: Mr. Turner Discussion held before vote: Councilman Monahan-It is my personal feeling that the Town Board should be the lead agent in this review because it has a wide spread impact, I think it is something that we dealt with. Executive Director Martin-I would also support that I would recommend the Town Board take lead agent status in this review of this application. Typically when there are two boards involved the Town Board and someone else, some other board, the Town Board is the reviewing agency. Councilman Caimano-Normally if you do not like a resolution you don't introduce it, I introduced it on purpose to put it on the public record I also concur however with the feeling, we have had this argument for years on Mr. Threw's landfill and it has been before this Board and I think this Board ought to be lead agent. Supervisor Champagne- I echo those remarks. RESOLUTION REGARDING LEAD AGENT FOR USE VARIANCE APPLICATION FILED BY WILLIAM E. THREW RESOLUTION NO. 104.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has been notified that a SEQRA Review is about to be commenced by the Zoning Board of Appeals in connection with a use variance application filed by William E. Threw in connection with a commercial landfill located on Eagan Road in the Town of Queensbury, and WHEREAS, the Zoning Board of Appeals has indicated its desire to commence a coordinated SEQRA Review process and it desires to be lead agency for purposes of review and WHEREAS, the Town Board of the Town of Queensbury is also a permitting agency for landfills under the Code of the Town of Queensbury and also desires to be lead agency for purposes of the SEQRA Review, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it consents to a coordinated review but advises the Zoning Board of Appeals that it desires to be the lead agents and would like to receive a resolution from the Zoning Board of Appeals indicating its consent to the Town Board's request to be a lead agent. Duly adopted this 6th day of January, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSTAIN: Mr. Turner Discussion held regarding: Regarding Open Space Institute as third party in approving deed in connection with the Hudson Pointe Planned Unit Development....Attorney Dusek-Requested that no action be taken at this time...no clear title received at this time...and have not heard from the Open Space Institute as far as their agreement to this agreement...Town Board agreed... RESOLUTION APPROVING AND AUTHORIZING FILING OF QUIT CLAIM DEED IN VICINITY OF GURNEY LANE TANK SITE RESOLUTION NO.: 105,1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury previously authorized the purchase of land in connection with the Water Treatment Plant, and WHEREAS, a proposed Deed has been prepared between the County of Warren and the Town of Queensbury and the same is now presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves for recording and filing, the Deed presented at this meeting, and hereby further authorizes and orders the Town Supervisor for the Town of Queensbury, Mr. Fred Champagne, to execute all documents necessary to complete the recording of the Deed on behalf of the Town of Queensbury, affix the seal of the Town to said documents, including the Real Property Transfer Report and Capital Gains Affidavit, and sign his name thereto and take such other and further action as may be necessary to record the Deed with the Warren County Clerk's Office. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBER TO COMPREHENSIVE PLAN ADVISORY BOARD RESOLUTION NO.: 106,1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has in existence a Comprehensive Plan Advisory Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Chester Jenkins to the Comprehensive Plan Advisory Board, said term to expire on December 31, 1995. Duly adopted this 6th day of February, 1995, by the following vote: AYES : Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None Discussion held before vote: Mr. Jenkins is from the South Queensbury Area, and we did not have anybody from that area on the Citizens Advisory Board. Councilman Caimano-How many are on the Board now? Executive Director Martin-I think that will bring the number to twelve. RESOLUTION ESTABLISHING LAKE GEORGE STORMWATER MANAGEMENT PLAN ADVISORY BOARD RESOLUTION NO.: 107, 1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury is desirous of correcting pollution problems stemming from non-point sources associated with stormwater runoff, and WHEREAS, the Town of Queensbury is the recipient of a $10,000 grant from the Lake George Park Commission for the purpose of developing a stormwater management plan within the Lake George watershed basin, and WHEREAS, Advisory Boards are authorized to be established in accordance with ~3-4 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury desires to establish a Lake George Stormwater Management Plan Advisory Board, for the purpose of overseeing the development of the aforementioned plan, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates and appoints a 9 member Lake George Stormwater Management Plan Advisory Board for the reasons set forth hereinabove, and BE IT FURTHER, RESOLVED, that the Lake George Stormwater Management Plan Advisory Board be composed of the following individuals: 1) Mr. Tom Jarrett; 2) Mr. Ralph Nestle; 3) Mr. Dick Sage; 4) Mr. Dennis MacElroy; 5) Mr. Karl Kroetz; 6) Mr. Richard Merrill; 7) Mr. Peter Carr; 8) Mr. Joseph Roulier; and 9) Mr. Paul Hillman; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby makes particular note of the procedures that Advisory Board must follow, and the Executive Director shall provide each Board Members with a copy of Chapter 3 of the Code of the Town of Queensbury. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Executive Director Martin-As the Board may recall the Town received a $10,000 grant from the Lake George Park Commission to undertake a stormwater management plan or develop a stormwater management plan for the shore line area along Lake George as part of their recommend approach to the development of that plan they would like a citizens advisory board to oversee the development of that plan, schedule public meetings and so on and that would be the basic function of this board and this was in compliance with those recommendations. RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 108, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1995 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 1995 budget: LANDFILL: FROM: TO: AMOUNT: Landfill Reserve (Fund #63) Landfill Closure Capital Project (Fund #92) $500,000 and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 109.95 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 the Queensbury Board of Health. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR JOHN & GEORGENE ANDERSON RESOLUTION NO.: 1,1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, John and Georgene Anderson have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pit 150' and WHEREAS, John and Georgene Anderson have indicated a desire to place the seepage pit 100' from their well, rather than placing it at the mandated 150' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on February 27th, 1995, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of John and Georgene Anderson to place the seepage pit 100' from their well, rather than placing it at the mandated 150' distance, on property situated on 31 Yorkshire Drive, Town of Queensbury, New York, and bearing Tax Map No.: Section 48, Block 3, Lot 50.14, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING AS QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 2.95 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 the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Chamapgne NOES: None ABSENT: None RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 108, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1995 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 1995 budget: LANDFILL: FROM: TO: AMOUNT: Landfill Reserve (Fund #63) Landfill Closure Capital Project (Fund #92) $500,000 and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None ATTORNEY MATTERS: Attorney Dusek-Handed out to the Board a proposed agreement-the Town of Queensbury holds $31,800 in a letter of credit for a road in Queensbury Forest that was built by Mr. Ammirati, the road has been built and the black top and road construction itself is satisfactory to Mr. Naylor however the shoulders of the road have been an issue ever sense its been constructed. Mr. Ammirati and his attorney proposed to place money, cash in escrow to cover the cost of the top soil and the necessary grading and seeding that would be accomplished. The sum of $4,000 would come $2,000 from Mr. Ammirati and $2,000 from Mr. O'Connor pursuant to this agreement. The $31,800 letter of credit is proposed to be released because the exposure is no where near that but rather $4,000. This was reviewed with Mr. Paul Naylor today and Paul indicated that the agreement was consistent with the understanding he had as to what should be done and he felt that this was a reasonable solution. I understand Mr. Martin has also been involved in this and I guess he could comment himself as to whether this is a reasonable substitute agreement. Executive Director Martin-Drove through Hampton Court and Ferris Drive to look at the condition ofthe...condition resulted from the paved swale when then were installed with a top coat in some areas we had as much as four or five inches, difference between the edge at the top of the swale and the grade approaching the swale. The solution was proposed to feather that edge back with top soil and seed it, that seemed to be acceptable to Paul, and I understand this is the result of that discussion. Attorney Dusek-This is a better situation for the Town in my opinion because a letter of credit first of all has to be drawn down on and second of all it is only good for another three months, where as this will result in a deposit of cash sufficient to cover the expenses with the Town. Councilman Caimano-Who is the escrow agent? Attorney Dusek-The Town of Queensbury, it will be placed in the Town's trust and agency account. Supervisor Champagne-Jim do you feel the $4,000 is adequate, ...want assurance that what goes back in there is done adequately, properly and to the satisfaction of the people that are suffering from it. Executive Director Martin-I would defer to Mr. Naylor's experience on the amount being sufficient...Mr. Ammirati in terms of top soil has not been the greatest...Attorney Dusek-Noted that we would hold the money until the job is fully completed ... Councilman Caimano-Questioned how the letter of credit reads...Attorney Dusek-The letter of credit is for the entire road...Councilman Monahan-Questioned if there shouldn't be a lee-way built in....Councilman Ciamano-Also noted he felt we should ask for more than $4,000. Councilman Turner-How much area will have to be re-furbished? Executive Director Martin-It varies...the entire length of Ferris Drive and Hampton Court...width of3-5 feet back from the edge of the swale...approximately 1000 to 1500 feet. Councilman Tucker-Noted that he felt it was not enough money...no cushion...Councilman Caimano-I have dealt with Russ O'Connor on a number of occasions there is not a nicer or more honest guy in the world, I have no problem with Mr. O'Connor at all, our problem is with the general... Executive Director Martin-Russ is actually doing the work...Supervisor Champagne-I would like an inflator in there...Attorney Dusek-The agreement does specify that its the contractor which is Russ O'Connor he is the one that will supply the top soil compatible with other top soil in the area and approved by the Highway Superintendent and then it would be introduced into the Town's right of way and it is very specific in terms of the Town's approvals and the contractor being O'Connor doing the work so it is going to be his job under this contract...noted that the top soil has to be approved by Paul Naylor... Councilman Caimano-As long as you have convinced me that is it us doing business with O'Connor I have a lot more faith in that... RESOLUTION APPROVING AGREEMENT AND AUTHORIZES SUPERVISOR TO SIGN THE SAME FOR HAMPTON COURT AND FERRIS DRIVE IN QUEENSBURY FOREST RESOLUTION NO. 110.95 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 having reviewed a proposed agreement between Forest Wood Homes, Edward and Thomas O'Connor Inc. and the Town of Queensbury concerning the placement of top soil along a certain road in Queensbury Forest known as Hampton Court and Ferris Drive, the Town Board of the Town of Queensbury hereby approves the agreement and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None ATTORNEY MATTERS: Asked if the Town Board wanted the supplements for the 1994-95 year for the Town Law books... Town Board noted that they want them. ATTORNEY MATTERS: RE: WATER TREATMENT PLANT LAND FROM NIAGARA MOHAWK We have the titles and preliminary title reports, Attorneys for the title reports are Little and O'Connor...it would be my recommendation to the Board that title insurance be purchased...cost approximately seven to nine hundred dollars... Board supported title insurance...no problem with using Little and O'Connor... ATTORNEY MATTERS: RE: EXPANSION OF WATER PLANT Received information from O'Brien and Gere regarding the advertisement of the bids, ...one concern, I have not seen any of the bid documents nor has the Board on this project, I think it would be premature to adopt a resolution to go out to bid .... Councilman Monahan-noted that she would like the insurance checked etc. on the bids...Councilman Pulver-If we hold up on the resolution when will it be brought forth again? Attorney Dusek-It is advisable to have the bidding documents in the Town's possession before you do anything, I think each and everyone of the Board members should get a set and the law technically requires a review of the Town Attorney of those bid documents as well and I have not seen those... Board agree to hold the resolution ATTORNEY MATTERS: TRANSIENT MERCHANT LAW A draft of the Transient Merchant Law... Attorney Dusek-noted he made a change increasing the Transient Merchant to 6 month license...asked board to review this... Town Board agreed to place this on the agenda for Monday nights workshop. DISCUSSION 7.1 FIRE AND RESCUE SQUAD DISTRICTS re: Separating Fire tax from Rescue tax on the tax bill Attorney Dusek-reported to the Board that the Supervisor was notified by the County that you cannot break the tax bill apart unless there were separate districts formed..., I know of no authority to have a rescue squad district... It was agreed that the Board will do more publicity on the costs for the fire and rescue districts... 7.2 ETHICS LAW Councilman Pulver-Our idea is to get together with the members of the Ethics boards that are left and get their thoughts on the Ethics Law, then have our input... Board requested that the Ethics forms be passed out for this year... 7.3 VACATION CARRY OVER REQUEST It was the decision of the Town Board to carry over the time as requested by Mr. Brault with the stipulation that it must be used within ninety days. 7.4 NORTH QUEENSBURY SEWER PROJECT SUMMARY OF MEETING WITH FRED AUSTIN AND VIC GRANT Supervisor Champagne-There is a real concern on the part of the Town as to what our roll and responsibility would be and the actual implementation of the bidding process the over site of the project and even the hiring of the contractor. What it came down to was that Vic and Fred Austin agreed that the Town would playa major roll in this, that we would have the rights and responsibilities to proceed through the bidding process that we would hire our consultant if you will and that we would be part of the choice in determining who the contractor would be. Also there has been a concern on our part that the SEQRA review was lacking and at this point it would appear with the funding that is coming down we will be able to continue on with that SEQRA review to our satisfaction. There has been some problems with that, that we think we can correct between now and the time the project starts. Councilman Monahan-Also, the fact that we would have input into the request for proposal and we would have input into the engineers that, that, was going to go to. I was much more comfortable after that meeting because my feeling was that we would have input and not just on the surface to make us feel good but true input into the whole process all the way along. While we could not do this directly because under the regulations the money has to pass through the County and they could get this as part of that County deal of the money still we were going to have, I thought that our rights were protected. Executive Director Martin-The main point was that if you wanted to come back with another supplemental EIS you could. Supervisor Champagne-The message today was just to get through the AP A route it is going to be anywheres between sixteen to eighteen months. 7.5 REPORT ON MEETING WITH RUSS GUARD, RISK MANAGEMENT Supervisor Champagne-We need to take a hard look at our safety program to see how best we can approve upon some of the problems that we have had in the past. Mr. Russ Guard-Noted to the Board that he would be interested in work with the Town on its safety program. 7.6 SUPERVISOR'S REPORT Re: Girls Basketball tournament, in the past we have provided them with a Queensbury Pin and copies of the local newspaper on Friday, Saturday and Sunday, and a Return/Welcome plaque... Cost $500+ Papers ...Councilman Monahan supported the program. Re: Warren County Parks and Rec. have agreed to put a lease agreement together for the Town for the Hudson River Park...1ease term suggested forever for a dollar. Town Board agreed to proceed. 7.7 COUNCILMAN'S REPORTS Councilman Caimano-Thanked Paul Naylor and his crew for digging us out from our snow storm...Issue regarding Water Tanks...the second thing is a more important one and that's the issue regarding the water tanks and the City of Glens Falls and where we are on that there are several citizens out here from the third ward and the second ward of Queensbury and quite anxious to find out where we are, what can you tell us anything? ATTORNEY DUSEK-Well, I think that where the Town is at in terms of the, of its position with regard to the City of Glens Falls as I understand our past conversations it had to deal with the possibility of what could be done, well let me stop back for a moment. First of all, Fred it is my understanding, you have had some conversations with the Mayor SUPERVISOR CHAMPAGNE-Yes. ATTORNEY DUSEK-Maybe that would be an appropriate spot to start off with. SUPERVISOR CHAMPAGNE-My conversation with the Mayor as of last Friday was that there is some potential litigation and that was the message that I left with him. COUNCILMAN CAIMANO-You told him that. SUPERVISOR CHAMPAGNE-Yes. I further, well we left it that if at all possible we could sit down and try and negotiate it over the table and I said well, that remains to be seen as to where it goes from here. ATTORNEY DUSEK-That is what I thought, you had left it on a positive note. SUPERVISOR CHAMPAGNE-That's how it was left. ATTORNEY DUSEK-My position is, is that from a legal stand point that I believe that the Town has grounds to request an injunction of the activity and I think to discuss that in depth is a matter of Attorney Client Privilege and since obviously an injunction means litigation I think that is most properly discussed in executive session. COUNCILMAN CAIMANO-My concern though is that, is that, that's fine my concern for the folks who live there is to let them know, actually let two people know, the people of Glens Falls we are not interested in hurting the people of Glens Falls, we are interested in resolving the issue and as DeSantis said Friday night, we can get together on this and yea, we can get together on this and I think we should and I think that is one of the things that has been missing is the fact that we haven't gotten together on it. But, I wanted to assure the people from Queensbury who live under the potential shadow of these tanks that we are not letting this thing and you are not letting this thing and the Supervisor and the Board are not letting this thing just simply gravitate and drift, that there are some things happening and while he cannot talk about them now because of the litigation you have our assurance as a group that we are there a. to protect you and b. to help Glens Falls, we are not here to murder Glens Falls either that is not the purpose of this, the purpose is to find a way out for both of us. ATTORNEY DUSEK-I think I can also maybe add, Nick in that regard for the record too, and maybe this will be helpful to know that, one, is that I did complete all of the legal research that I feel was necessary to indicate the conclusion of availability of an injunction as I have indicated. The second thing is though, we also have time in which to take action and I feel that we are within our rights and we are still timely. It is a matter of public record so, I can also say this that the two things that should be noted, one is that the bid opening is not scheduled for that project until the thirteenth the earliest that the Board of Sewer and Water Commissioners meet as I understand it is the fifteenth, which is next week of course. But, my opinion is that, anything that the Town of Queensbury wishes to do during the course of this week would be timely. The second thing is, I forgot what the second thing was, but I think that was the most important point anyway. COUNCILMAN CAIMANO-Well, you are not presuming, you are not going to wait for the fifteenth you are using the thirteenth as your deadline. ATTORNEY DUSEK-Well, I think what we want to do is here again what we want to do is talk in executive session tonight as far as what our tactic will be, but I think what I am trying to do is give some assurances that, as you have indicated Nick, that we are on top of this, that it has been researched, and that we are actively studying all of the options and the next phases will be to discuss those options with the Town Board this evening in fact, in executive session. COUNCILMAN CAIMANO-Ok, thank you. OPEN FORUM Mr. Pliney Tucker-Division Road-Queensbury Resolution 4.3 approving repayment agreement....noted we were told the only way we could get that money back was to dissolve the corporation....what are they going to operate on, if they pay this money back? Supervisor Champagne-At the present time there is a small cities grant out there that, monies received by AMG and it is our plan for the Board's position to roll those monies over to QEDC to further provide them with the resources to do some of the things that they would hope to be able to do. Executive Director Martin-It would be a total of $454,000 at the end of the repayment period which is for seven years. It is coming in at $5400 dollars a month. Mr. Tucker-The first year we were in office I talked to Mrs. York about getting small cities grants for the State Streets in Ward IV, we went through Warren County and got turned down, Mr. Parisi came on board and he was not here long enough to get any thing going so when Jim Martin came on board I got a hold of him and sat down and talked about it and he believed that we could get the grant the Town itselffor the re- habilitation of houses within Ward IV. Executive Director Martin-That was one of the areas in Town that would qualify, yes. Mr. Tucker-I believe the Board appropriated $5,000 and we went ahead and filed the application. We got the monies, but in the interim this thing came along with AMG and they were going to Washington County and then they were going to go to Saratoga County and they finally, Jim came to me and asked me how I felt if we took that money and loaned it to AMG and be able to keep them within the Town and I said well, what happens to that money when it is repaid? I was told at that time that it would come back into the fund and be used for rehabilitating houses and what have you within the Town. I was under the impression that was the way it was going to be handled. Executive Director Martin- I have a slightly different recollection of all that, that you just said. The money was not approved and then directed toward an Economic Development Loan. From the outset it was applied for on as a loan to AMG. We did talk about doing housing rehab in Ward IV but then this opportunity came along with AMG which was thought to be very rare and the application was then filed through the economic development loan to AMG. Now when the money is repaid the use of that money can be for housing rehab if you want to pursue that, as I have indicated before it has to be spent on title I eligible activities. Those are activities benefitting low and moderate income people, meeting an urgent need or removing a blighting condition on the community. Those are the three qualifications for spending that money but the money that was applied for was applied for originally and always as a loan for AMG and never as a housing rehab grant. Mr. Tucker-Well, I misunderstood it then Jim. Resolution 4.7 re: Queensbury Forest Have you come up with a plan? Supervisor Champagne-That is what this is all about. Mr. Tucker-Are any of the professional people going to be held responsible for this situation over there? Attorney Dusek - I think it is premature to comment on that. Mr. Tucker-You talked about top soil in Queensbury Forest along the roads, is this going to be done and then dug up again when you do the drainage or are you going to hold off until everything is done? The comprehensive land use plan when is the public going to get a shot at this, after our committee gets done, do you have any idea? Executive Director Martin-The projected date at this time is this summer, we will come back to a series of meetings in the neighborhoods again. We come back with a draft form, and explain to the public what we came up with and it will be for their comment before we finalize it and present it to the board for their consideration. There would then be public hearings. Mr. Tucker-I spoke to the Board about sheds being designed garages on residents, I understand Jim has a draft? Executive Director Martin-I have not yet submitted it to the Board, it has not gone to the committee yet. Mr. Tucker-Street lights at Exit 18, questioned the status... Councilman Turner-Noted that we will look into it. Purchasing Agent, any chance of getting purchasing agent.. a full time one. Supervisor Champagne-We are looking at it, Pliney. Mr. Tucker-Town contract with workers how is that coming, is that settled? Councilman Caimano-We will let you know next week. Mr. Tucker-Has there been a final agreement with the Fire Companies and EMS Squads on finances? Supervisor Champagne-Yes. Mr. Tucker-Requested information on the contracts. Supervisor Champagne-File a Freedom on Information and they are available to you. Mr. Tucker-RE: Southworth... I know we are going after the interest on that...it was mentioned that it was going to be up to the Town Board whether you file suit or not, you have not filed a suit I gather... Attorney Dusek-The suit has been filed, and answered...the remark to the paper, that it is up to the Board as to the amount they wish to settle the suit for. Mr. Tucker-When we were hashing this around the statement was made that somewhere out there, there is a State Law that says we want to recover all our money because this was an illegal contract and Southworth knew it. Attorney Dusek-I disagree, I think that was one of the things we looked at from the time we started the suit but the thing that made the contract for the purchase of the machinery in my opinion lawful itself, was that the Town Board actually at that time did, bid that and they did award it. Had they just simply made a payment for the machine there would not be a problem, but what happen was that payments were made over time and therein lies the problem. One problem the over payment the other the interest. The actual price of the machine in my opinion because it was properly bid and everything I think is perfectly legal. Weare looking at the just the recovery of the interest. Mr. Tucker-Southworth did not have a contact. Attorney Dusek-There was a bid they did submit a bid,... no contact for interest. Mr. John Salvadore-The resolution to conduct the Shamrock Shuffle 5 mile road race who is conducting it. Town Clerk Darleen Dougher-Adirondack Runners Mr. Salvadore-Why is your resolution needed? Councilman Caimano-Because they will be using the roads. Mr. Salvadore-Are there any costs being incurred by the Town? Supervisor Champagne-No. Mr. Salvadore-Are you closing roads? Town Clerk Dougher-We do not close the roads. Mr. Salvadore-Why the resolution. Town Clerk Dougher-Noted we have to have the insurance coverage for such an event...Adirondack Runners provide the insurance to the Town. Mr. Salvadore-Your resolution is causing taxpayers to incur a cost and that is if it is only in the form of Sheriffs services...we pay for that...noted the road race in Bolton last year the costs that were incurred... The repayment agreement that you were talking about with Mr. Tucker what did you say the monies could be used for? Executive Director Martin-Activities which benefit low and moderate income people remove a blighting condition on a community for meet an urgent need. Mr. Salvadore-I do not see how any of those fall into the category of a developer who is making money. Executive Director Martin-Those monies have not been identified as to what they are going to be used for yet. Mr. Salvadore-You are dumping them into QEDC. Executive Director Martin-That is up to the Board. Supervisor Champagne-By dumping it into QEDC in addition to those that are just identified, there are other economic developments, they can build roads, they can put infrastructures... Mr. Salvadore-These are Federal Funds that you have got and I think there is limitation on what you can do with them. Executive Director Martin-Noted the Town can create a program very similar to what the Federal Government did with the AMG Loan you can develop a loan program to loan to expanding or developing businesses for the purposes of benefitting lower and moderate people through job creation. Mr. Salvadore-That's not necessarily going to happen it might benefit very wealthy people, through job creation. Executive Director Martin-The benefit accrues through the creation of the job and the person who is employed in that job. Mr. Salvadore-My point is that Jim has read some very specific parameters which this money should be used for, none of it smacks of Economic Development. Noted giving the money to QEDC you lose control... Regarding the Comprehensive Plan, I tend to agree that the public input is over with anything you grant, you grant the public in the way of a hearing prior to your adoption and passing a local law or whatever it is you do, that comprehensive plan is certainly up to you. Noted he had attended a few of the meetings the biggest concern I have this advisory board is probably going to have to do an environmental review, you will have to contract with someone to do an EIS on some aspects of this comprehensive plan. Note he had read the comprehensive plan for 1988-89, there is no mention in that plan of wastewater management in North Qsby., this plan was put in place after the Lake George Park Commission, after the legislative enactment mandating that the Lake George Park Commission develop wastewater regulations, that was not even part of our comprehensive plan. RE: Fire District...questioned if we had to have Rescue Services, it is not mandated in law...this might be an opportunity to privatize the rescue services... Supervisor Champagne-Third Party payment is being looked into. Mr. Salvadore-Noted considering organizing fire districts in accordance with area of coverage...five districts...No. Qsby. Sewer District... second half of the meeting, vote on a resolution to put before the whole board next week to adopt the findings of the No. Qsby. final EIS...Noted that this will be very costly...the only way to avoid the cost is if the grant application comes thorough...Noted that Fred Austin announced that the consultant was not hired that was going to do all this work, coordination and work on the grant application to interface between the EPA and the County...now talking about an administrative person...Noted that Frank Dagles is upset regarding the final EIS because it involves the taking ofland in his town .... RE: Advisory Board on the Storm Water Management Plan...questioned what the money is being used for? Executive Director Martin-The past grants the majority if not all the money has been spent on an engineer to assist in the development of the plan. Mr. Salvadore-Noted the Park Commission has storm water plans in place... Executive Director Martin-This would be to develop a prioritized list of actual projects that could be undertaken to improve the storm water situation along the shore line, actual identification of those projects and how those projects could be implemented ... Mr. Salvadore-The definition of those projects comes from the rule book, and how do you determine something is a problem unless you have something to gage it against, you gage it against the regulations. Executive Director Martin-There is a lot of information out there that identifies the hot spots and so on that are thought to be developed from culvert outlets and things like that would be a place to start or begin looking for projects. Mr. Salvadore-Spoke to the Board regarding the regulations as exist...RE: Expansion of ACC.. on behalf of the All County Taxpayers Association I hope you take a serious look at the need for this expansion, the need for the building of a new gym... Supervisor Champagne-The gym is out... Mr. Salvadore-RE: Lake George Park Commission Wasterwater agreement I think you agreed that you could rescind that agreement. RE: Sewer- The Lake George Park Commission still has the responsibility to promulgate wastewater regulations regardless of what you do with the sewer that has not been changed...depending on the outcome of those wastewater regs. we might not need a sewer at all... Mr. Sterling Akins-Corinth Road-RE: The Park and the Threw Landfill...asked that the Environmental Committee review both of those projects... Supervisor Champagne-Agreed Mr. Akins-Hudson Park...has anything else transpired on that? Supervisor Champagne-Noted the lease is being drawn up...no other work has been done... Councilman Pulver-It has been left up to the Town's Recreation Commission...suggested that Mr. Akins approach the Recreation Commission on this... MR. DANIEL OLSON-29 Carlton Drive Queensbury I was pleased to hear the Board, Nick thank you for bring it up and the Board's discussion and the Attorney's discussion with the, on the pending construction by the City of Glens Falls on water storage tanks. I would hope that the 13th and the 15th seems like a long time, I think you were talking about February not March, that is just around the corner, in fact that is next week. I would hope the Board, and I feel confident you will after the discussion I heard tonight, but I just wanted to re-enforce my own feelings as a resident of the Aviation Road, I would hope that you would take whatever action you have to, to get the matter, put yourself in a position so you can discuss this matter if you have to legally and not react after the situation might happen. I can only use an example of seeing beautiful plans and beautiful drawings, renderings, I think they are referred to by an architect, of the proposed Walmart Construction. The plans and the pictures and the drawings showed the building, they showed the excavation of trees and land, they also showed a buffer zone that was supposed to represent what was there and I guess I thought it was going to stay there, What was there what I saw in the drawings did appear of what was there, except the large trees that they took down that maybe in the area they could clean out opened up the area so it is very easy to see quite a ways from my back yard and my neighbors back yards now up north on Route 9 past Miller Hill, past Sweet, almost to Sweet Road, almost to the intersection of Gambles on a clear night when the lights are out, plus the car wash area and the restaurant on the left, the Queen Diner and the Restaurant past that. I just want you to take into consideration what you may see as a picture or a diagram of storage tanks in a drawing may not be the same picture that the residents are going to see when that construction is done especially if they are painted whatever color they are painted and how they are going to stick out there. We are talking really sight pollution and visual pollution here which is different than noise pollution or pollution from septic tanks or lakes or storm water, it is a whole different kind of pollution that effects a persons life, their living conditions and their feelings may be in the area that they live in. RE: Walmart Construction-Requested that the Building Dept. look over the set backs and buffer zones... I just wanted to thank you and please take a hard look at those water storage tanks. Executive Director Martin-Noted that they have already been sited for a violation and they are coming back for a modification. Councilman Caimano-Noted that Walmart itself should be informed of this situation. Mr. Brewer-Noted that this would be similar to the Passarelli situation... Councilman Monahan-We have to get more teeth in these regulations... Councilman Pulver-Suggested that the number of inspections be increased, a clearing inspection, etc. Executive Director Martin-That is why we are getting a Code Enforcement Officer. Councilman Turner-I think you will find that the developer doesn't tell the contractor all the facts... Councilman Caimano-Recommended a letter from the Town Board to the CEO ofWalmart regarding the problems with the cutting of the buffer zones... Mr. Tim Brewer-Noted it was the Town Board responsibility to set policy, noted the Jim Martin did everything that he could ... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 111.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss three matters of personnel, one matter of litigation, notice of Claim John Brock, litigation, Saratoga Associates, one matter of personnel, matter of appointment of Attorney, one matter of personnel in a particular department, one personnel matters in Community Development Office. Duly adopted this 6th day of February 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. NO. 112.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF CLAIMS AND CAUSES OF ACTION BROUGHT BY BRISTOL, LITYNSKI, WOJCIK, P.c., D/B/A SARATOGA ASSOCIATES, AGAINST THE TOWN OF QUEENSBURY RESOLUTION NO.: 113,1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, an action was commenced in December, 1988 against the Town of Queensbury by Bristol, Litynski, Wojcik, P.c., d/b/a the Saratoga Associates to recover damages arising out of a contract for professional services, and for general damages, and WHEREAS, the Town of Queensbury commenced an action against Bristol, Litynski & Wojcik, P.C., d/b/a the Saratoga Associates in October of 1989 to recover damages for breach of contract and for negligence, and WHEREAS, the Town of Queensbury and Bristol, Litynski, Wojcik, P.c., d/b/a the Saratoga Associates have agreed to settle all of said claims and causes of action and to execute general releases to each other without any payment by either party to the other, NOW, THEREFORE, BE IT RESOLVED, that Fred Champagne, as Supervisor of the Town of Queensbury, is hereby designated by the Town Board of the Town of Queensbury to apply to the Court for an Order pursuant to ~68 of the Town Law approving the settlement of the claims and causes of action brought by Bristol, Litynski, Wojcik, P. c., d/b/a the Saratoga Associates against the Town of Queensbury without payment of any sum on the part of said Town, and BE IT FURTHER, RESOLVED, that upon receipt by the Town of Queensbury of a general release from Bristol, Litynski, Wojcik, P.c., d/b/a the Saratoga Associates that the Town of Queensbury will execute a general release to said Bristol, Litynski, Wojcik, P.C., d/b/a the Saratoga Associates. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF ACTION BETWEEN CRISAFULLI BROS. PLUMBING & HEATING CONTRACTORS, INC., AND THE TOWN OF QUEENSBURY RESOLUTION NO.: 114, 1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, an action was commenced against the Town of Queensbury by Crisafulli Bros. Plumbing & Heating Contractors, Inc., for the retainage claimed to be due to it in the sum of $17,649.33, and WHEREAS, the Town of Queensbury and Crisafulli Bros. Plumbing & Heating Contractors, Inc., have agreed to settle said action by payment to Crisafulli Bros. Plumbing & Heating Contractors, Inc., of the sum of $8,500.00 to be paid from the retainage, with the balance of the retainage to be retained permanently by the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that Fred Champagne, as Supervisor of the Town of Queensbury, is hereby designated by the Town Board of the Town of Queensbury to apply to the Court for an Order pursuant to ~68 of the Town Law approving the settlement of said claim for the sum of $8,500.00. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING PRESS RELEASE RESOLUTION NO. 115, 1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby approves the following press release: STATEMENT It was announced today that all litigation involving the Town of Queensbury, the architects, Bristol, Litynski and Wojcik, P.c., d/b/a The Saratoga Associates, Adirondack Construction Corporation and Crisafulli Brothers Plumbing and Heating, arising out of the design and construction of the Queensbury Town Hall and Activity Center has been resolved. The litigation commenced in 1988. The Saratoga Associates asserted claims against the Town of Queensbury and Adirondack Construction Corporation. The Town of Queensbury asserted claims against Saratoga Associates which, in turn, asserted claims against Adirondack Construction Corporation, Rist- Frost Associates, P.C., and Crisafulli Brothers. Rist-Frost Associates, P.C., was dismissed from the third-party action by the Court following a motion for summary judgment. Crisafulli Brothers was released from that third-party claim by consent. Crisafulli Brothers Plumbing and Heating also had an action against the Town to collect retainage in the amount of $17,649.33 from the Town of Queensbury. The reasons advanced for settling the lawsuit at this time involved making a business decision by all parties which would terminate all litigation and avoid the expenses involved in continuing the actions. Crisafulli Brothers' claim for retainage in the amount of $17,649.33 will be settled by the payment of $8,500.00 from the retainage to Crisafulli Brothers. The balance will be retained by the Town. The parties will exchange releases between all parties and all claims will be settled and discontinued. The settlement is subject to Court approval after a Town Board resolution authorizing application to the Court for approval pursuant to the Town Law. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING PLANNING BOARD TO RETAIN ATTORNEY MARK 1. SCHACHNER RESOLUTION NO. 116, 1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Planning Board for the Town of Queensbury has requested that the Town Board of the Town of Queensbury appropriate funds to allow for an attorney to service the Planning Board, and WHEREAS, Town Law Section 271 provides that the Town Board is authorized and empowered to make such appropriations as it may see fit for Planning Board expenses, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Planning Board to retain the services ofMr. Mark 1. Schachner for a period of one year, to end December 31, 1995, at an hourly rate of $125.00, and to be paid for from the appropriate Planning Account, and BE IT FURTHER RESOLVED, that all bills submitted for legal services shall include a brief description of the service performed, the date of service and charge for the same, and BE IT FURTHER RESOLVED, that this authorization is contingent upon the fee arrangement being consistent with the terms and provisions of the retainer agreement submitted at this meeting, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid agreement. Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES Mr. Caimano ABSENT: None RESOLUTION REGARDING ARTICLE 78 AGAINST THE CITY OF GLENS FALLS RESOLUTION NO. 117.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Attorney is hereby authorized to draft and arrange for the service of an Article 78 and or Declaratory Judgement Petition and other appropriate documents that he would deem advisable to be served against the City of Glens Falls in connection with the City's proposed erection of water tanks and other improvements located within the Town of Queensbury, and be it further RESOLVED, that the Town Supervisor is hereby authorized to execute any petition or other documents that may be necessary in connection with said actions. Duly adopted this 6th day of February 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION REGARDING TERMINATION OF EMPLOYMENT RESOLUTION NO. 118.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Executive Director for the Department of Community Development is hereby is authorized to arrange for the termination of employees as part of a disciplinary process when such disciplinary measure of termination has been first reviewed by the Town Board. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 119,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that Audit of Bills as appears on Abstract Dated 2-6-95 and numbered 95-020400 through 95-049302 and totaling $821,128.32 be and hereby is approved. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSTAIN: Mr. Caimano on 000127 ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 120.95 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 adjourns it's Town Board Meeting. Duly adopted this 6th day of February, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk